9

for his departure." It was thereupon agreed that a few assistants would be given to prepare despatches, and certain means for expenses, but no officials could be allowed to act for him as messengers to Spain. 18 The notaries, however, and other officials necessary for giving formality to the viceregal documents were either withheld or delayed, so that negotiations broke off for some days, and more than one opportunity was thus purposely lost to Gelves for sending reports to the court.

On February 7th the viceroy sent a formal protest to the audiencia. He had learned of their many proclamations and acts tending to rouse the people, and bring into contempt the royal authority vested in him. They had usurped the government, risked its subversion, and prevented him from fulfilling the obligations of his office. There could be only one head of government, and he, as that royally appointed head, now required the oidores to obey him as viceregent, governor, captain-general, and president, restore him to office, and protect his person with the force enrolled, under penalty of being declared rebels, together with their supporters, a penalty involving death and confiscation.

In the expectation of such notices it is not to be wondered at that visitors to the convent were searched. The audiencia did not fail to express disapproval of the extreme language used, and regret that the inquisitor should have undertaken to carry it. This official was henceforth forbidden entrance into the convent. After two days of deliberation the oidores replied in equally formal manner, in the king's name, addressing Gelves as marquis and ex-viceroy. They recapitulated the different acts of despotism

17 Teniendo dispuesta mi jornada y embarcacion, la impidieron contra mi voluntad.' Gelves' representation of September 1, 1624, in Doc. Hist. Mex., série ii. tom. iii. 197. See also Id., 95-6. He might change his place of abode within New Spain. Mex., Rel. Svm., 14.

18 It was resolved by the oidores to treat all matters with the viceroy in council and in writing.

ATTITUDE OF THE AUTHORITIES.

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which gave rise to the popular commotion that caused him to abandon the palace, such as disobeying royal orders; withdrawing right of appeal; preventing the audiencia from administering justice and fulfilling the duties of their office; suppressing letters and interfering with the free use of mails to the court and elsewhere; proclaiming that no will but his own should prevail, even in spiritual matters, to which end he had exiled the archbishop and imprisoned the oidores. These and other outrages had so irritated the people as to compel the audiencia, by common acclamation, and by cédulas providing for such cases, to assume government and save the country from ruin. Tribunals, secular and ecclesiastic bodies, and citizens generally had further required them to retain this power for the safety of all. The efforts of the marquis to resume his late office were, under the circumstances, dangerous to peace, and he was ordered to desist, under penalty of being held responsible for any trouble and disaster that might arise in consequence. He was, moreover, commanded to obey the

audiencia. 19

Without the power to enforce his demands Gelves could merely continue to issue protests while declaring that he would do nothing that might cause disturbance. Yet he objected to certain measures of the audiencia as tending to irritate the people against him, and sent proclamations to municipalities and citizens commanding them and other similar bodies in New Spain to maintain order and oppose the scandalous and disloyal acts to which the despotic and inimical conduct

20

19 This document was signed by Licenciado Paz de Vallecillo, senior oidor and acting president, Doctor Galdos de Valencia, Licenciado Pedro de Vergara Gaviria, Licenciado Alonso Vasquez de Cisneros, Doctor Diego de Avendaño, the only don among the six, and Licenciado Juan de Ibarra. Countersigned by the escribano mayor Godinez. The text of this and the preceding protest are given in full in Mex., Rel. Svm., 14-18. The inquisitor considered the tone too strong, and declined to act as bearer.

20 This evoked from the local authorities at Mexico merely a declaration of loyalty and of respect for the 'marquis.' Doc. Hist. Mex., série ii. tom. iii. 194– 205. Corregidor Avila, as a first cousin to Gelves, was debaired from taking part in the consideration of these and later messages from his kinsman.

of the audiencia might give rise. This body issued a counter proclamation declaring Gelves to be actuated by malicious motives, and that his order was intended chiefly to draw attention from a defeated plot on the part of his nephew, Francisco Pimentel, to gather forces in support of the uncle while pretending to raise them for Acapulco. Pimentel had been arrested, and all local authorities were charged to aid the audiencia in suppressing similar attempts."1

Meanwhile clergy, oidores, and local authorities of Mexico had combined to gather evidence against the viceroy, and in support of their acts, and this evidence together with exculpatory letters were forwarded by the fleet under Oquendo which set sail for Spain shortly after the riot. The audiencia appointed for this mission Doctor Hernan Carrillo Altamirano, legal adviser of that body, who had become the sworn enemy of Gelves because of his interference with certain of the doctor's irregular sources of income. The municipality of Mexico commissioned at the same time Cristóbal de Molina y Pisa, one of the regidores whom Gelves had placed under arrest, and provided him with letters from different sources, and for the most influential officials in Spain. In the representation to the king they depicted Gelves as a tyrannical, unscrupulous, self-willed, and violent man, who had made himself so generally feared and hated by all good citizens as finally to compel them to rise in self-defence.24

23

21 Id., 185-93. Gelves claimed that he had received many offers to aid him in recovering his position, but he preferred not to endanger public peace. Mex., Rel. Svm., 13.

22 He had once been arraigned for murder. Gelves had punished him and taken away 600 pesos of unlawful income derived by him from Indians. He was now captain of one of the companies raised by the new rulers, and received 10,000 pesos from the drainage fund for his journey. Ib.

23 Cavo alludes to him as the alférez real. Tres Siglos, i. 276. He was commissioned as procurador general, and carried letters to a number of leading men, such as Conde de Olivares, prime-minister, Conde de Monterey, president of the council of Italy, to whose father Molino had been secretary, the ex-viceroy Montesclaros, now of the council of state, and the members of the India council. The different texts are given in Doc. Hist. Mex., série ii. tom. iii. 152-74.

24 As a judge he had been cruel and unjust; he had removed and appointed

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The archbishop showed himself no less energetic in collecting and wording his evidence, in which he figured as a martyr to religion. The viceroy had interfered also in his jurisdiction, and had persecuted clergymen and oidores for daring to expostulate. In support of his representation he did not hesitate to include the declarations of aged nuns, who professed to have beheld the viceroy's adherents in the form of demons, and to have heard a supernatural voice denounce the marquis for his disobedience to the prelate. To another had been revealed that those who attacked the palace were souls from purgatory led by their guardian angel.25

As for the viceroy, his documents and letters of defence were, after long delay, given an opportunity for transmission in the treasure fleet; but this was wrecked, with the loss of two millions of precious metals, and Gelves' majordomo, Juan de Baeza, went down with the documents in his charge.26 Some earlier reports by him and his adherents appear, however, to have reached Spain.

The court was not a little astonished and perplexed on receiving the news from Mexico. It could not well

officials at will, selecting those who unscrupulously carried out his orders, without regard to their fitness; he had interfered with the duties of the audiencia and municipality, taking upon himself to decide in many of their affairs; he shocked the feelings of the community by his lack of respect for religion, thereby setting a dangerous example to evil-disposed persons. If the municipality had formerly praised the viceroy, it was due to intimida tion; for he had not only exiled the more independent regidores, but caused all their reports to be submitted to him, and to be filled with praise of himself. As for the rioters, they were chiefly Indians and mestizos of feeble intelligence, actuated by a loyal though misdirected zeal for the king. Regidores Gaviria and Valencia should be rewarded for their good services in restoring order. Ib., Libro Capitular, pt. xxv. 82-8.

25 The nun had prophesied the riot. Doc. Hist. Mex., série ii. tom. iii. 25-49. Other testimony appears on pp. 230-74.

26 Mex., Rel. Sum., 13. Urrutia names the messengers Melchor de Córdoba and Gerónimo de Valenzuela, and relates that the documents were smuggled into their hands by the aid of a laborer at the convent where Gelves was living. They further took the precaution of leaving the city with dogs and falcons as if for a hunt. Once outside they hastened to Vera Cruz to embark on the ill-fated fleet with which they were to perish. Rel., in Mex. y sus Disturbios, MS., i. 363, 497. This smuggling probably applies to an earlier report sent by Gelves.

be decided with whom the blame should rest, although the defense of the archbishop appeared by no means satisfactory. One thing was certain however, that the authority of the king had been defied in his representative, and that an audiencia which had failed to support him at a critical moment could not be trusted with supreme control. It was also the opinion of the nobles that exemplary punishment should be meted to the ringleaders, lest leniency give encouragement to greater disloyalty. But to this the marqués de Montesclaros objected, saying that "a child could in his majesty's name control the whole viceroyalty." Time had evidently left a happy impression on the mind of the ex-viceroy.

Nevertheless it was decided to appoint a new ruler; one possessed of firmness to assume control of an apparently disordered country and with sagacity to guide an investigation and restore harmony by reconciling discordant elements, for it was not thought either prudent or needful to send troops. Such a man it was thought might be found in the governor of Galicia, Rodrigo Pacheco y Osorio, marqués de Cerralvo,28 who combined great physical strength with tried bravery, and while occasionally subject to passionate outbursts was reputed to be of jovial disposition and agreeable in manner, yet withal devout and addicted to study. These qualities had however contributed less, it is said, to obtain the favor which he enjoyed at court than the fortunate circumstance that he once saved the queen by carrying her away from a fire.29

Owing to the apparent urgency of the case Cerralvo hastened on his way accompanied by his marchioness

27 Un niño podia atar y sujetar á todo este reino al servicio de S. M. con un cordel de lana.' Id., 370.

28 And relative of Pacheco, viceroy of Cataluña. Cortina, Doc. Hist. Rei nado Felipe, iv. 100-1. Portrait and autograph in Ribera, Gob. Mex., i. 118. 29 He once killed a corregidor with a dagger stroke in a just cause. Once every week he celebrated the communion. His confessor was a Pauline friar of great piety, master of the college of Villagarcía. Urrutia, Rel., in Mex. y sus Disturbios, MS., i. 361-5.