A copy was at once sent to Almagro, who was then returning from Chile, his captains being much disappointed with the region they had visited in the northern part of that country. They thought that the provinces of Cuzco would offer much better chances of enriching themselves, so they at once declared, and induced Almagro to declare, that Cuzco was within the boundary of New Toledo. No positions had been fixed, no line measured, no observations taken; but Almagro and his needy followers wanted Cuzco—therefore it was in New Toledo. They even claimed Lima also. The point is not what Almagro thought; for the decision was not entrusted to him, but to the royal arbitrator. In point of fact, Cuzco was well within the boundary of Pizarro's province of New Castille. Long afterwards the Governor Vaca de Castro caused careful observations to be taken, and Cuzco was found to be fifteen leagues north of the boundary.[5]
Hernando Pizarro and his brother Gonzalo, having lost their brother Juan in the siege, were resting after a long, toilsome, and hazardous defence of Cuzco. Hernando was in a perfectly legal position as the Marquis Pizarro's deputy at Cuzco until the boundary should be settled by the arbitrator.
Suddenly the army of Almagro appeared before the city of Cuzco, claiming it as part of the province of New Toledo. Hernando Pizarro, terribly outnumbered, prepared to defend it. A truce was agreed upon, and Hernando for the first time for many days took off his armour and went to bed. His brother Gonzalo and a handful of attendants were in the house with him.
Almagro perjured himself, broke into Cuzco in the dead of night, and attacked the Pizarros in their house.[6] They made a heroic defence, which is well described by Cieza de León.[7] Finally they were seized and thrown into prison; while Orgóñez, Almagro's chief captain, incessantly urged him to behead them. By this time Alvarado was nearing Cuzco with succour for Hernando Pizarro. Almagro attacked and routed him, throwing him into prison, and threatening him with death.
It can hardly be contended that Almagro was not guilty of perjury, and of numerous acts of illegality, tyranny, and treason.
The Marquis Pizarro was very anxious to receive tidings from Cuzco, for he had heard nothing even of the results of the siege. He had gone southward along the coast to Nasca. There he received the astounding news that Almagro had seized Cuzco and imprisoned his brothers. The report of the defeat and imprisonment of Alvarado quickly followed. The Governor hurried back to Lima, expecting an attack from his false and perjured friend. It was not long in coming. Almagro marched down to the coast and advanced as far as Chincha, on the way to Lima. He was induced to agree to an arbitration to establish a modus vivendi until the royal arbitrator should arrive and fix the boundary line. The Provincial of the Fathers of Mercy (Mercedarios) named Bobadilla, was selected by Almagro himself. There could only be one fair decision. It was that Almagro should retire from Cuzco until the boundary was fixed by the royal arbitrator, that the starting point for measuring the meridional line should have its latitude fixed by careful observations, and that the illegal imprisonment of Hernando Pizarro should cease. Almagro refused to abide by this arbitration, although he had solemnly promised to do so and the choice of an arbitrator was his own. Soon afterwards Captain Pedro Anzures brought out a royal order to the same effect, that both Governors should remain well within their respective provinces, until the boundary was fixed. Almagro again refused to obey.
The Marquis Pizarro was in great anxiety for the safety of his brother Hernando. He knew him to be in danger, as Orgóñez was incessantly urging Almagro to put him to death. At this time the Marquis, in his well-founded anxiety for his brother's safety, was certainly guilty of making some concessions, verbally, which he had no intention of observing.
Almagro was very efficient in his prime, as Pizarro's partner and assistant, but he was now bowed down by age, as well as by infirmities the seeds of which he had contracted during a dissolute youth. His good qualities, which endeared him to his captains, were lavish generosity and a kindly disposition. He had become very ambitious, and it is clear that he was quite unprincipled. His own independent judgment scarcely existed, and he was swayed one way or the other, as the more violent or the more moderate of his captains had his ear. For instance, following the advice of Orgóñez, he had actually ordered the execution of Alvarado when the more moderate counsels of another captain prevented it.
The weak character of Almagro explains the liberation of Hernando Pizarro, urged upon him by the moderate party among his captains. It was certainly unwise if Almagro intended to persevere in his treasonable practices; and Orgóñez was most strongly opposed to it. Hernando Pizarro had been kept in close and illegal confinement for months, and he knew that the most influential of Almagro's captains was constantly urging that he should be beheaded. It was enough to try any one's nerves. But Hernando Pizarro's nerves were of iron. The moment he was released negotiations ceased. The Marquis, owing to advancing age and infirmities, returned to Lima, while his brother Hernando took command of the army in the field. He was by far the ablest soldier then in Peru. Almagro, suffering from a dreadful disease, retreated with his forces to Cuzco, intending to hold that city in defiance of all decisions against him. Such was the resolve come to by his captains.
Hernando Pizarro was certainly in the right when he marched to Cuzco to resume the position of deputy for his brother in that city, from which he had been unlawfully and treacherously ejected. He entirely defeated the Almagro faction in the battle of Las Salinas, and returned to his post at Cuzco, making Almagro his prisoner, and keeping the old man's captains under a loose arrest.