Soon after his return to Lima, the marquis sent the licentiate Espinosa to endeavour to bring about an accommodation with Almagro. Espinosa was directed to represent to Almagro, that if his majesty were informed of the disputes between them, and the evil consequences of these upon the condition of the colony, he would assuredly recal both, and send some other person to assume the government of Peru, who would reap the rich fruit of their joint labours. If Almagro refused to listen to these remonstrances, and to enter into a friendly accommodation, Espinosa was instructed to request that he would set the brothers of Pizarro at liberty, and would remain at Cuzco without attempting any farther hostilities, untill they had laid a statement of their differences before his majesty, and had received his final orders respecting the boundaries between their governments. Espinosa was unable to persuade Almagro to agree to any accommodation, and soon afterwards died. Leaving Gabriel de Roias as his lieutenant in Cuzco, with the charge of Gonzalo Pizarro and Alonso de Alvarado, Almagro descended into the plain with a considerable force, carrying Ferdinand Pizarro along with him. He penetrated into the province of Chancay, which is only twenty leagues from Lima, where he even established a colony or garrison, in a place which was without any manner of doubt within the province of the marquis.

On the return of the marquis to Lima, he made additional levies of troops; giving out openly that he was reduced to take up arms against Almagro, who had invaded his government. In a few days he assembled an army of seven hundred men, among whom was a considerable body of musqueteers, which had been brought from Flanders with the necessary arms and ammunition by Pedro de Vergera, along with the troops of Diego de Fuenmayor. Hitherto there had not been a sufficient number of musquets in Peru to form entire companies of that species of troops; but on the present occasion the marquis was enabled to arm two companies with that powerful weapon, one of which was commanded by the before named Pedro de Vergera, who had been formerly sent to discover the province of Bracamoras. Nugno de Castro was appointed captain of the other company of musqueteers. Diego de Urbina, nephew of the maestre de campo Juan de Urhina, was made captain of the pikemen. Diego de Roias, Peranzures, and Alfonso de Mercadillo, were appointed captains of horse: Pedro de Valdivia maestre de campo, and Antonio de Vilalva sergeant-major, who was son of Colonel Vilalva.

About this time, Alonso de Alvarado and Gonzalo Pizarro, who remained prisoners in Cuzco[14], made their escape from prison, and joined the marquis with above seventy men whom they had persuaded to accompany them, bringing likewise along with them as prisoner Gabriel de Roias the lieutenant of Almagro. The arrival of these officers gave much satisfaction to the marquis, both on account of their escape from danger, and because the reinforcement they brought along with them gave great encouragement to his troops. He appointed his brother Gonzalo lieutenant-general of his army, and Alonso Alvarado maestre de campo, or major-general of the cavalry. When Almagro learnt that his prisoners had escaped, and the numerous forces which the marquis had procured, he became desirous of an accommodation, for which purpose he sent Alfonso Enriquez, Diego Nugnez de Mercadura the factor, and Juan de Guzman treasurer, to the marquis to desire an interview, at which they might regulate every thing that was in dispute between them. After several messages and proposals, the marquis proposed to refer the whole matter to the umpirage of Francisco de Bovadilla, provincial of the order of Mercy, to which Almagro consented.

[14] Zarate forgets that only a few lines before, he had mentioned that Almagro carried these officers along with his army:--E.

In virtue of the powers given to him by both parties, Bovadilla ordained that Ferdinand Pizarro should be set at liberty; that Cuzco should be restored to the marquis; that both armies should be disbanded, and the different companies sent in various directions to discover and conquer the country; and that finally the whole dispute about the boundaries of the two governments should be referred to the decision of his majesty. Bovadilla likewise persuaded Almagro and Pizarro to have an interview in the village of Mala[15], mid-way between the two armies, at which they might discuss the terms of an entire reconcilement, each to be attended by twelve horsemen. They accordingly set out for that place from their respective camps; but as Gonzalo Pizarro did not give implicit confidence to the promise of Almagro, he followed his brother with the whole army, which he secretly posted in the neighbourhood of Mala, placing Castro with forty musketeers in ambush among some reeds near the road by which Almagro had to pass, and directing him, in case Almagro was accompanied by a larger force than was agreed on, to give notice by a discharge of musketry, that Gonzalo might hasten to the defence of the marquis.

[15] Mala, or San Pedro de Mala, is a town and sea-port on a river of the same name, about 50 miles south from Lima.

Before leaving Chincha on his way to the interview with Pizarro, Almagro left orders with his lieutenant-general, Rodrigo Orgognez, to keep vigilant guard againt the machinations of the enemy, in case the marquis should bring a greater escort than was agreed upon, that he might send him prompt assistance; and if any treason were practised against him, that Ferdinand Pizarro should be considered as an hostage for his safety. On their meeting, the marquis and Almagro embraced each other with much apparent cordiality; but after a short discourse, in which no part of their difference was alluded to, one of the horsemen who accompanied the marquis, whispered to Almagro that he was in danger, and advised him to retire without delay, as Gonzalo Pizarro had placed an ambush to intercept him. Almagro immediately called for his horse; and several of the attendants on Pizarro, seeing Almagro about to retire, endeavoured to persuade the marquis to have him arrested, which could easily have been done by means of the musqueteers under De Castro. To this the marquis would by no means consent, being resolved to keep his promise inviolate, and would not believe that Almagro meant to go away without coming to some conclusion on the subject of their meeting. Almagro however went away; and as he saw the ambush on his way back, he was convinced that treachery was intended against him, and made loud complaints of the conduct of the marquis after his return to Chincha. Yet, by the intercession of Diego de Alvarado, Almagro set Ferdinand Pizarro at liberty, on condition that the marquis should provide him with a ship and a free port, by which he might send dispatches to Spain and receive answers, and that they should continue in peace until they received the final determination of the sovereign respecting the boundaries of their governments. Rodrigo Orgognez was exceedingly averse from this measure of liberating Ferdinand Pizarro, who had been harshly treated while a prisoner, and who he believed would be eager for revenge if set free, and strongly urged Almagro to put him to death. But Almagro would not listen to his advice, and sent Ferdinand Pizarro to the marquis, accompanied by his own son the younger Almagro and several gentlemen. Ferdinand Pizarro was hardly set off on his return, when Almagro began to repent that he had set him at liberty; and it is believed he would have been remanded to prison if he had not made haste on his journey, during which he was met by several of his brothers principal officers.

Soon after the liberation of his brother Ferdinand, the marquis received provisional orders from his majesty, by the hands of Pedro Anzures; by which the two governors were commanded to retain the countries which each of them had discovered and conquered, and in which they had formed establishments at the time when this provisional order should be notified to them; neither of them making any attempt to disturb the other until his majesty should give definitive orders on the subject. Having now his brother at liberty, the marquis sent a notification to Almagro of this imperial order, requiring him to retire according to his majestys orders from the country which he, Pizarro, had discovered, and in which he had established colonies. Almagro answered, that he was ready to obey the orders of his majesty, in keeping possession of the country and establishments he occupied when the imperial order was notified, for which reason he required the marquis to leave him in the peaceable enjoyment of what he how possessed, declaring that on his part he would carefully and entirely perform whatever should be finally commanded by his majesty. The marquis replied, that the city of Cuzco and the adjoining territory had been first discovered, colonized, and occupied by him, of which he had been violently dispossessed by Almagro, that in conformity with the orders of his majesty, therefore, it behoved Almagro to evacuate that city and territory, or he would drive him from it by force, as all the compacts and conventions which had been entered into between them were abrogated by this new regulation of his majesty.

As Almagro refused to accede to these demands, the marquis marched against him with his whole force, on which Almagro retired towards Cuzco, and fortified himself on a high mountain named Guavtara, breaking up all the roads to render the approach to his camp as difficult as possible. Ferdinand Pizarro found means to ascend the mountain during the night by a secret path, and forced the passages with his musqueteers, so that Almagro was forced to abandon this position, seeking his safety in flight. Being sick at the time, he went with the advanced guard, leaving Orgognez to bring up and protect the rear. One night, Orgognez learnt by two of Pizarros horsemen who were taken prisoners, that the enemy were close up with his rear, on which he hastened the retreat as much as possible, although several of his officers were anxious for him to turn back upon the pursuers, knowing by experience that those who usually inhabited the plain were liable, on their first coming into the mountainous region, to sickness and vomiting, very much resembling sea-sickness. Orgognez refused to listen to this advice, because contrary to the orders of Almagro; yet it was believed he might have been successful, as the troops belonging to the marquis were in reality affected by that ordinary malady, and were besides so much distressed by the snow that Pizarro retired back with his army into the maritime plain of Peru. Almagro continued his march to Cuzco, where he employed himself for two months in raising recruits, procuring ammunition, preparing arms of silver and copper, founding cannon, and making every preparation to defend himself against Pizarro.

After the return of the marquis into the plain, various consultations were held as to the best plan of procedure, and it was at last determined that Ferdinand Pizarro, now lieutenant-general under the marquis, with his brother Gonzalo Pizarro as major-general, should march with the army against Cuzco[16]. On this occasion, a manifesto was circulated as the reason of this measure, that several of the inhabitants of Cuzco had made complaints to the marquis against the tyranny of Almagro, who had violently seized their goods and houses, and dispossessed them of their Indians and every thing that belonged to them. The marquis returned to Lima, and his brother Ferdinand marched at the head of the army towards Cuzco. Having arrived on the mountainous ridge near Cuzco in the evening, all his officers urged Ferdinand Pizarro to descend immediately into the plain that the army might encamp there for the night; but Ferdinand positively rejected this advice, and ordered the army to encamp on the mountain. Early next morning, the whole army of Almagro was seen drawn up in order of battle on the plain, under the supreme command of Orgognez; Francisco de Chaves, Juan Tello, and Vasco de Guevara, having the command of the cavalry under his orders. On the side of the mountain there was a great body of Indians in charge of a small number of Spaniards, intended to be employed as circumstances might admit in the expected battle. In the meantime, all the friends and partizans of the marquis who were in Cuzco were committed prisoners to the citadel, which was so extremely crowded on this occasion, and the places appropriated for their confinement so small, that several of them were stifled.