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.
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