At this time three of the judges of the court of audience, Cepeda Alvarez and Texada, arrived at Lima, leaving Ortiz, the other judge, sick at Truxillo. The viceroy issued immediate orders for the inauguration of the royal Court of Audience; for which purpose all the necessary preparations were made for the solemn reception of the royal seal, as usual on the first establishment of this high tribunal. The seal was placed in a rich casket, carried by a horse superbly caparisoned and covered by housings of cloth of gold, and led under a canopy of the same splendid materials, held up by the magistrates of the city dressed in flowing robes of crimson velvet, in the same ceremony as is used in Spain on the entry of the king in person into any of the cities. On this occasion, Juan de Leon led the horse, being appointed to officiate as chancellor, in the place of the Marquis de Camarasa, president of Cazorla, who then held the seals in Spain. After this procession, the court of audience was installed, and proceeded immediately to business; but a subject of dispute soon arose between the viceroy and the judges, which renewed the dissentions which had arisen between them even before their arrival in Peru, the explanation of which requires some detail.
When the viceroy arrived at the Tambo or palace of Guavra238, where he waited till he was sure of being received at Lima, he found written on one of the walls of the tambo to the following effect: "Whoever may endeavour to deprive me of my house and property, I shall endeavour to deprive of life." He dissimulated his displeasure at these words for some time; but being afterwards persuaded that these words had been written by Antonio de Solar, to whom the district of Guavra belonged, and who he believed was not well inclined towards him, because he had found the tambo entirely deserted on his arrival, he sent for Solar a few days after his reception at Lima. In a private conference, he spoke to Solar concerning these words which he had seen on the walls of the tambo, and reproached him likewise for having spoken to him personally with much insolence: Then, ordering the gates of the palace to be shut, the viceroy sent for one of his chaplains to confess Solar, declaring his resolution to have him immediately hanged from one of the pillars of a gallery fronting the great square of Lima. Solar refused to confess himself, and the dispute continued so long that news of what was going forwards spread over the city, on which the archbishop and some other persons of quality came to the palace and humbly requested the viceroy to defer the execution. At first he obstinately persisted in his intention; but at last consented to postpone the execution till next day, and sent Solar to prison loaded with fetters. On the morrow, the anger of the viceroy was somewhat appeased, so that he did not renew his orders for hanging Solar, but detained him for two months in prison and in irons, without any information or process respecting his crime.
After the installation of the court of audience, the judges went on a Saturday to visit the prison; and having been informed of the foregoing circumstances by a judicial note or request presented to them on the subject, they demanded to see Solar, whom they asked the cause of his imprisonment; to which he answered that he knew nothing about the matter. On examination, they found no process against Solar, and the jailor and registrars were only able to say that the viceroy had given orders for his imprisonment. On the ensuing Monday, the judges represented to the viceroy that they had found no process or informations against Solar, and could only learn as the reason of his imprisonment that it was by his orders; and consequently, having no documents to instruct the lawfulness of his detention, they could not in law or equity do otherwise than order him to be set at liberty. The viceroy said that Solar had been arrested by his orders, and that he had even been inclined to have hanged him, on account of the writing on the wall of the tambo, and because of his personal insolence when there was no witnesses present; believing, by his sole authority as viceroy, that he had the power of arrest, and even of ordering him to be hanged, without being under the necessity of giving them any reasons for his conduct. To this the judges made answer, that his authority as viceroy could only extend so far as justice and the laws of the kingdom allowed. As the viceroy and they could not agree on this point, when they visited the prison on the following Saturday, they ordered Solar to be liberated, desiring him however to remain under arrest in his own house; and on a subsequent visitation, they set him entirely at liberty.
The viceroy was much chagrined by this affront, and sought anxiously for an opportunity of being revenged, for which he thought the following circumstance gave him a favourable opening. The three judges lodged separately with some of the richest inhabitants of Lima, who likewise provided their tables, and furnished every thing that was necessary for themselves and their servants. At first this was done with the consent of the viceroy, till such time as they might be able to procure and to furnish houses for themselves. After the dispute concerning Solar, the viceroy caused them to be informed, that it did not seem to him consistent with decorum that they should live at the expence of the citizens, which would be assuredly displeasing to his majesty, and therefore that they ought to look out for houses for their accommodation: And that, besides, he did not approve of their walking about the streets in company with the merchants and other inhabitants of the city. The judges made answer, that they had not been able to find any houses for hire, and that they were under the necessity of waiting till some then building were finished: That in future they would live at their own charges: but as to walking in the streets with the inhabitants, it was neither a criminal nor a forbidden conduct, nor in any way improper; as even in Spain the members of the royal council, or of any other tribunal, were in use to do the same, which was even useful, as in that way the merchants had an opportunity of informing or reminding them of their affairs. The viceroy and the judges were always upon bad terms, and their misunderstanding broke out into disputes on every occasion. It is said that at one time the licentiate Alvarez, one of the judges, preferred an oath to a procurator or attorney, respecting a bribe which he had given to Alvarez de Cueto, brother-in-law to the viceroy, for his interest to obtain the appointment. By this procedure of Alvarez, the viceroy is said to have been greatly offended.
During all this time, the passes of the mountains leading towards Cuzco had been so well guarded by the Spaniards and Peruvians appointed for that purpose, that no intelligence could be had at Lima of what was going on among the remonstrants. It was only known that Gonzalo Pizarro had gone to Cuzco, and that all those who had withdrawn from Lima and other places in the plain had repaired to the same place in expectation of a civil war. The viceroy and judges of the royal audience issued their joint proclamation, ordering, in the name of the king, all the inhabitants of Cuzco, and the other cities of Peru, to recognize and submit to Blasco Nunnez as viceroy, and to repair with their arms and horses to Lima to offer their services. Most of these proclamations were lost by the way; but that which was sent to La Plata was more fortunate, and, by virtue of its authority, Luis de Ribera, Antonio Alvarez, and the other magistrates and officers of that city, proclaimed Blasco Nunnez with much ceremony and great rejoicings: And, in testimony of their submission to his authority, they equipped twenty-five horsemen, being all the city could spare, who were sent to join the viceroy under the command of Captain Luis de Ribera. Lest Gonzalo might cut off their passage and arrest them on their march, Ribera made his way towards Lima by a desert and unfrequented road.
Some even of the inhabitants of Cuzco got copies of the proclamation, in consequence of which several of them repaired secretly to Lima to offer their services to the viceroy, as will be more particularly specified in the sequel. By their means the viceroy became acquainted with the transactions at Cuzco, on which account he found himself under the necessity of using every effort to increase his forces by means of additional levies; for which purpose he fortunately possessed ample funds, as Vaca de Castro had embarked upwards of 100,000 crowns which he had drawn from Cuzco to transmit to the king, which the viceroy took possession of and employed for the equipment and pay of his troops. He appointed Don Alfonso de Montemayor and Diego Alvarez de Cuero, who was his own brother-in-law, captains of horse; Martin de Robles and Paul de Menezes captains of foot; and Gonzalo Diaz de Pignera captain of musqueteers. Vela Nunnez, his own brother, was made captain-general of the troops. Diego de Urbina maestre de campo, or major general, and Juan de Aguire serjeant-major, or adjutant general. Without including the citizens, his army amounted to 600 men; of whom 100 were cavalry, 200 musqueteers, and the remaining 300 armed with pikes. On purpose to arm these soldiers, he caused a considerable number of musquets to be made, some of which were of iron, and others of cast metal, which he procured by melting down some of the bells belonging to the great church.
238
It has been already mentioned in a former note, that this is probably a different orthography for Huaura, a place about 70 miles to the N.N. W. of Lima. –E.