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46 judge ordered that the guards should be removed within two days, a demand to which the civil judges refused to accede because Varaez, having in effect broken jail, was not entitled to sanctuary. If the point were not well taken it was certainly debatable; but the archbishop, taking the case out of the hands of his provisor, excommunicated Soto, the judges, the guards, and even the counsel employed by them. The persons so excommunicated immediately appealed to the audiencia, and in accordance with the royal provision governing such cases, sentence was suspended, and absolution ad reincidentiam given at first for twenty days and then for a further period of fifteen.

A few days afterward Gelves called upon the archbishop to send the notary to him that he might be purged of contempt. After repeated instances the prelate reluctantly consented to do so. The notary appeared before the viceroy accompanied by the archbishop's secretary, whom the marquis immediately dismissed, in a very discourteous manner, as was afterward alleged by the prelate. The notary made certain important statements, but these being reduced to writing he refused to sign the deposition without permission from his prelate. For this he was adjudged guilty of contumacy, and, being condemned to loss of property and banishment, he was taken to San Juan de Ulua that he might be sent to Spain.