Solar Refused To Confess Himself, And The Dispute
Continued So Long That News Of What Was Going Forwards Spread Over The
City, On Which The Archbishop And Some Other Persons Of Quality Came To
The Palace And Humbly Requested The Viceroy To Defer The Execution.
At
first he obstinately persisted in his intention; but at last consented to
postpone the execution till next day, and sent Solar to prison loaded with
fetters.
On the morrow, the anger of the viceroy was somewhat appeased, so
that he did not renew his orders for hanging Solar, but detained him for
two months in prison and in irons, without any information or process
respecting his crime.
After the installation of the court of audience, the judges went on a
Saturday to visit the prison; and having been informed of the foregoing
circumstances by a judicial note or request presented to them on the
subject, they demanded to see Solar, whom they asked the cause of his
imprisonment; to which he answered that he knew nothing about the matter.
On examination, they found no process against Solar, and the jailor and
registrars were only able to say that the viceroy had given orders for his
imprisonment. On the ensuing Monday, the judges represented to the viceroy
that they had found no process or informations against Solar, and could
only learn as the reason of his imprisonment that it was by his orders;
and consequently, having no documents to instruct the lawfulness of his
detention, they could not in law or equity do otherwise than order him to
be set at liberty. The viceroy said that Solar had been arrested by his
orders, and that he had even been inclined to have hanged him, on account
of the writing on the wall of the tambo, and because of his personal
insolence when there was no witnesses present; believing, by his sole
authority as viceroy, that he had the power of arrest, and even of
ordering him to be hanged, without being under the necessity of giving
them any reasons for his conduct. To this the judges made answer, that his
authority as viceroy could only extend so far as justice and the laws of
the kingdom allowed. As the viceroy and they could not agree on this point,
when they visited the prison on the following Saturday, they ordered Solar
to be liberated, desiring him however to remain under arrest in his own
house; and on a subsequent visitation, they set him entirely at liberty.
The viceroy was much chagrined by this affront, and sought anxiously for
an opportunity of being revenged, for which he thought the following
circumstance gave him a favourable opening. The three judges lodged
separately with some of the richest inhabitants of Lima, who likewise
provided their tables, and furnished every thing that was necessary for
themselves and their servants. At first this was done with the consent of
the viceroy, till such time as they might be able to procure and to
furnish houses for themselves.
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