On the same evening, all the four oydors assembled in the house of Cepeda, and agreed to present a formal requisition to the viceroy to bring back the family of the late marquis from the fleet in which he had embarked them. After this resolution had been engrossed in the register, the licentiate Ortiz retired to his own house, being indisposed. The other three oydors continued in consultation on the measures which were proper to be adopted, for defending themselves against the power of the viceroy, in case he should persist in his plans, and endeavour to make them embark by force, which they publickly asserted was his intention. On this occasion, they drew up an ordinance or public act, by which, in the name and authority of the king "they commanded all the inhabitants of the city of Lima, captains, soldiers, and others, civil and military, in case the viceroy should give orders to remove them, the oydors of the royal audience, by force and violence from Lima, that they should aid, assist, and defend them, in opposition to such a measure, as illegal and unjust, and contrary to the orders of his majesty, clearly expressed in the new regulations, and in the commission granted to them as oydors of the royal audience."

Having formally extended and authenticated this act, they communicated it in secret to Captain Martin de Robles, whom they desired to hold himself and his soldiers in readiness to defend them in case of need. De Robles engaged to stand by them; for though one of the captains in the troops, he was not on good terms with the viceroy. Several other persons of importance in the city, to whom the oydors communicated the resolutions which they had formed, promised likewise to stand by them against the tyranny of the viceroy. That same evening, all who were in concert with the oydors held themselves in readiness, anxiously waiting the event of an open breach between the viceroy and the judges of the royal audience. However secret the steps taken by the oydors might have been, they became known to the viceroy, or at least he entertained violent suspicions of their nature and tendency. At night-fall, Martin de Robles went privately to the house of the oydor Cepeda, to whom he communicated his opinion that the viceroy was already informed of all their proceedings, and that, unless prompt measures were taken for their security, they would all be put to death. Cepeda sent immediately for Alvarez and Texada, two others of the oydors; and these three came immediately to the determination of openly defending themselves against the viceroy, if he should attempt their arrest. For this purpose, several of their friends, and some of the soldiers of the company, commanded by De Robles, assembled in arms at their residence. While this was going on, Urbina the maestre de campo or major-general, when going his rounds met several of these soldiers in the street, and immediately suspected the truth. He went, therefore, straight to the viceroy, to whom he communicated the suspicious circumstances he had observed, that some prompt measures might be concerted for counteracting the machinations of the oydors. The viceroy desired him to fear nothing, as they had only civilians to deal with, who had not sufficient courage to concert any enterprize against his authority. Urbina went away accordingly to continue his round; but as he still continued to meet several armed horsemen in the streets, all of whom were going towards the house of Cepeda, he returned again to the palace, and remonstrated with the viceroy on the absolute necessity of taking instant measures of defence. The viceroy immediately put on his armour and ordered to sound an alarm, after which he went out into the great square before the palace, accompanied by his nightly guard of a hundred soldiers and all his domestic establishment, meaning to have proceeded to the house of Cepeda, to arrest the oydors, to chastise the mutineers, and to re-establish order in the city. While in the great square near the gate of the palace, he noticed that it was impossible to prevent the soldiers from going to join the oydors, as the horsemen who filled all the streets constrained them to take that direction. If, however, the viceroy had persisted in his first design, he could hardly have found much difficulty or considerable resistance, as he then had a greatly superior force to what had assembled with Cepeda and the other judges. He was disuaded from executing these intentions by Alfonzo Palomino, alcalde or police-judge of Lima, who asserted that a great majority of the troops were assembled at the house of Cepeda, and were about to attack him; for which reason, the best measure was to fortify himself in the palace, which could easily be defended; whereas he had not a sufficient force to assail the oydors and their adherents. Influenced by this advice, the viceroy retired into the palace, accompanied by his brother Vela Nunnez, Paul de Meneses, Jerom de la Cerna, Alfonso de Caceres, Diego de Urbina, and others of his friends and followers, with all his relations and servants. The hundred soldiers of the nightly guard were posted at the great gate of the palace, with orders to prevent any one from going in.

While these vacillatory measures were going on at the viceregal palace, information was brought to the oydors, that the viceroy had drawn out his troops in the great square, with the intention of attacking them. Having as yet collected only a small force for their protection, they resolved to go out into the street; believing, if the viceroy should come to blockade them, and should occupy the streets leading to the house of Cepeda, that all those who were disposed to aid them would be intercepted. They advanced therefore by the streets which led towards the great square, and were soon joined by others of their adherents, to the number of about two hundred men. To justify their conduct on this occasion, they caused the act which they had drawn up to be publickly read; but so great was the noise and confusion, that very few of those present were able to hear its tenor. On the arrival of the judges and their partizans in the great square, day began to dawn. At this time, the troops attached to the viceroy fired a few musket-shots, from the corridore of the palace, and began to extend themselves in front of the main gate. The soldiers who accompanied the oydors were much displeased at this procedure, and proposed to assault the palace, and to slay all that resisted them; but the oydors restrained and appeased them. The oydors then deputed Gaspard de Carvajal, the superior of the Dominicans, and Antonio de Robles, to inform the viceroy, that their only demand from him was an assurance that they should not be compelled to embark against their will and contrary to the express orders of his majesty, which fixed their residence at Lima. They farther required, that, without proceeding to hostilities, the viceroy should come to the great church, where they proposed, going to meet him, and where all their differences might be amicably settled; as otherwise he would put both himself and all who were with him in extreme danger. While these envoys were in the palace in the execution of their commission, the hundred soldiers who formed the guard of the viceroy went over in a body to the oydors; by which, as the entrance to the palace was left entirely unguarded, several of the malecontents got admission to the chambers belonging to the officers of the viceroy in the outer court, which they pillaged. At this time, the licentiate Ortiz de Zarate went from his house towards the palace, meaning to have joined the viceroy; but meeting the other oydors on his way, and seeing that it was impossible for him to prosecute his original design, he accompanied them to the church.

When the viceroy received the message of the oydors from Carvajal and Antonio de Robles, considering at the same time that his palace was already in possession of the insurgents, and that his own troops had abandoned him, he determined to proceed to the church, and to give himself up to the oydors who there waited for him. They carried him directly, in his coat of mail and cuirass, to the house of Cepeda; where, seeing Ortiz along with the other judges, he exclaimed: "Is it possible that you, in whom I had so much confidence as one of my best friends, have joined with the rest in making me a prisoner." To this the licentiate replied, "Whoever has told you so spoke falsely, as it is known to every one who those are that have caused you to be arrested, and that I have no share in the matter." The three other judges gave immediate orders to convey the viceroy on board ship, that he might be sent to Spain; justly fearing, if Gonzalo Pizarro should find him in custody on his arrival at Limn, that he would put him to death, or that the relations and friends of the commissary Suarez might kill him in revenge for the murder of that officer; as in either of which cases the blame might be imputed to them, the judges were much embarrassed how best to act in this delicate emergency, considering that if they merely sent the viceroy on board the fleet which lay at anchor off the harbour of Calao, he might be soon in condition to return in force against them. In this dilemma, they appointed Cepeda, one of their number, to act as captain-general of the colony; who, with a strong guard, conducted the deposed viceroy to the sea side on purpose to put him on board one of the ships. They found some difficulty in executing this measure, as Diego Alvarez de Cueto, who commanded the fleet, on seeing the assemblage of people on the shore, and learning that they had the viceroy among them as a prisoner, sent Jerom de Zurbano, one of his captains in an armed boat to collect all the boats of the fleet, with which, accompaniment he approached the shore and demanded the liberation of the viceroy from the judges. This measure was altogether ineffectual, as the judges refused to listen to the demands of Cueto; who, after exchanging a few shots with those on shore, went back to his ships.

After this, the judges sent off a message to Cueto, by means of Friar Gaspard de Carvajal, in which the deposed viceroy concurred, ordering him to surrender the command of the fleet, and to give up the children of the late marquis, in return for which they would place the viceroy under his charge, who would otherwise be in great peril of his life. On getting aboard ship, Friar Gaspard presented his commission to Cueto and gave him a full account of the state of affairs, in presence of the licentiate Vaca de Castro, who still remained a prisoner in that vessel. In consideration of the danger to which the viceroy was exposed, Cueto sent the children of the marquis on shore together with Don Antonio de Ribera and his wife who had the care of them. The judges still insisted that Cueto should surrender the fleet to their command, threatening to behead the viceroy if he refused; and though Vela Nunnez, brother to the viceroy, went several times with messages to induce compliance, the captains of the ships would not consent to that measure, so that the judges were constrained to return to Lima with the viceroy still in custody.

Two days afterwards, the commanders of the ships were informed that the judges and their partizans had come to the resolution of sending a strong force of musqueteers in boats to make themselves masters of the ships by force. They might perhaps have easily persuaded Cueto to give up the fleet, of which in reality Jerom de Zurbano had more the command than he, as all the soldiers and sailors who were attached to the deposed viceroy were at his disposal; but Zurbano, to whom the judges made great offers, was quite inflexible. The captains of the fleet came even to the resolution of quitting the port of Lima, to cruise upon the coast of Peru, till such time as they might receive orders from his majesty how to conduct themselves in the present crisis. They believed that the viceroy had many friends and adherents in Lima and other parts of Peru; as many persons who had not taken any share in the deposition and imprisonment of the viceroy, and several of those who were best disposed to the royal service continued almost daily to make their escape on board the fleet. The ships were tolerably well armed and appointed, having ten or twelve iron cannon, and three or four of brass, besides forty quintals of powder. As to provisions, they had above four hundred quintals of biscuit, five hundred bags of maize, and a large store of salt meat; so that they were victualled sufficiently for a considerable time, and they could easily procure water on any part of the coast. Their force however was very small, as they had only twenty five soldiers, and by no means a sufficient number of mariners for the ten ships which composed their fleet. They resolved therefore to abandon four of the smallest vessels, which they were unable to man; and not thinking it right to leave these behind, lest they might have been employed against themselves by the partizans of the judges, they set these small vessels on fire the day after the imprisonment of the viceroy, as likewise two fishing barks which were in the harbour, and then set sail. The four small ships were entirely destroyed, but the two fishing vessels were saved after sustaining very little damage.

The fleet went into the harbour of Guavra, which is eighteen leagues below[3] the port of Lima, where they took in a supply of wood and water. They carried the licentiate Vaca de Castro along with them, and resolved to wait at Guavra to see what consequences might follow from the imprisonment of the viceroy. When this came to the knowledge of the judges, who believed the ships might not go to any considerable distance from Guavra, on account of the attachment of their commanders to the viceroy whose life was in danger, they determined to send a force both by sea and land to attempt acquiring possession of the ships almost at any risk. For this purpose, they gave orders to Diego Garcias de Alfaro, an inhabitant of Lima who was versant in maritime affairs, to repair and fit out the two barks which had drifted on shore. When that was done, Alfaro embarked in them with thirty musqueteers, and set sail towards Guavra. At the same time, Don Juan de Mendoza and Ventura Beltran,[4] were sent off by land with a party of soldiers in the same direction. On coming to Guavra in the night, Garcias de Alfaro concealed his two barks behind a light house[5], in the harbour very near the ships, where he could not be seen. At the same time, the party which went by land began to fire off their muskets, and the people in the ships believed they were some friends of the viceroy who wished to embark. Vela Nunnez was sent accordingly in a boat to the shore, to learn what was meant by the firing, on which Diego Garcias pushed on his barks between Vela Nunnez and the ships, firing upon him and obliged him to surrender. Intelligence of this event was immediately sent to Cueto, with a message assuring him that both the viceroy and his brother would be immediately put to death unless he surrendered his ships to the judges. Cueto[6] accordingly submitted, being afraid lest the threat might be executed; but had certainly not been allowed to do so if Zurbano had been present, who had sailed from Guavra with his ships, two days before the arrival of Diego Garcias, with the intention of going all along the coast between Lima and Tierra Firma to take possession of every ship he might fall in with, to prevent them from being employed by the oydors.

[Footnote 3: The expression in the text below, is probably an error in the French translator in rendering barlovento which signifies to leeward. Accordingly, to the north of Lima, and about the indicated distance, there is a sea-port or coast town named Huaura, certainly the place meant by Zarate. Hua and Gua are often inchanged by the Spaniards in the names of places in America, probably from the g having a guttural sound, or strong aspiration.--E.]

[Footnote 4: Garcilasso names this person Ventura Veltran.--E.]

[Footnote 5: In Garcilasso de la Vega, obviously copying this part of the story from Zarate, Garcias is said to have concealed his barks behind a rock.--E.]