How was Fray Francisco de Avila treated while a prisoner?
I have heard it said that in Tufina and Chacalaga the boys would chase him through the streets perfectly naked and whip him with horsewhips, and that he was starving to death, because the Indians had little to eat themselves and gave him none. All this Gaspar Salas says and declares to have been said by the Indian Bartolome under the oath which he has taken, and it is the truth; he cannot sign, not knowing how to do so.
For further investigation of the above, the Governor and Captain-General had appear before him another of the seven Indians who through the same interpreter said and declared the following: (This declaration is not given.)
In view of said declarations of these proceedings, the crime falls upon Lucas the Indian, son of the Casique de Tuqui, for having been present and participated in the killing of Fray Blas, who was sent to convert the people of Tupiqui. I must condemn him by this my decree, sentenced according to his declaration, with the penalty of death. The justice which I order shall be done him is: That when he leaves the jail where he now is, it shall be with a rope around his neck, his hands tied behind him, and with a loud voice it must be proclaimed to the public his crime; that he be taken to the gallows, already prepared for this purpose, and that there he shall be hung by the neck and strangled until dead. Because, thus is it well to punish with real justice those who dare to commit such crimes, and as an example to the other Indian natives of these provinces that they may not commit similar crimes. So do I pronounce sentence and command. And if the said Lucas is not mindful of receiving baptism and should not die repenting, and in the Catholic faith, I order that he be hung and after his death his body be burned to powder.
Regarding the other six Indians detained for this cause, proceedings will not continue for the present against them--they being boys under age. We shall so send and notify the Indian Lucas.
Alonzo Diaz de Badajoz, Sergeant-Major of this Fort and Garrison of St. Augustine:
I order you by this sentence, which will be shown you by Juan Ximenes, Notary Public, against the Indian Lucas, prisoner in this city, that he shall be executed as is stated in this sentence, because it so pleaseth his Majesty. This execution is done in justice to his Majesty, and must be so accomplished.