of Quito, and the consequent death of the viceroy; as these transactions could only be known in Spain after the departure of the president, and nothing respecting them could therefore be included in his instructions and powers.  Therefore, until his majesty were fully informed of the whole series of events, and had issued new orders on the subject, it became necessary to prevent the president from coming into Peru, more especially as Gonzalo Pizarro was informed by letters from Spain, that the president was not authorized by his majesty to deprive Gonzalo of the government, but merely to preside in the royal court of audience.  He pretended to be perfectly assured of this circumstance, by letters from Francisco Maldonado, whom he had sent to the king, and that the president had even in some measure acknowledged this in the letter which was brought from him by Paniagua.  He alleged farther, that the captains in his own employment, who had been sent into the Tierra Firma for the defence of Peru, having revolted to the president, had now persuaded him to change his tone and to invade Peru by force of arms; at which procedure his majesty would be assuredly much displeased, when informed.  By these and other arguments of a similar nature, Gonzalo endeavoured to demonstrate that the president was highly to blame in detaining those persons whom he, Gonzalo, had sent to Spain, and that it was justifiable on these grounds to oppose him by force of arms.

Gonzalo, by the advice of his lieutenant-general and other confidential officers, took additional measures to justify their conduct, and to satisfy the soldiers and inhabitants in the goodness of their cause.  In an assembly of all the men learned in the law who were then in Lima, they arraigned the president as having acted criminally, in taking possession of the ships belonging to the colony, and by invading the country in a warlike manner, contrary to the tenor of the commission and instructions he had received from the king; endeavouring at the same time to convince the assembly, that it was just and proper to proceed judicially against the president, and those captains and others who adhered to him and abetted him in these proceedings, and that they ought to be proceeded against in a formal manner, by legal process.  The persons composing this assembly of men of learning, dared not to contradict Gonzalo on this occasion or to oppose his will in any respect:  A process was accordingly instituted in due form, informations taken and recorded, and judgment pronounced in the following tenor:  “Considering the crimes established by the judicial informations given against the licentiate De la Gasca and those captains who adhere to him; they are found guilty and deserving of condemnation; wherefore, the said licentiate De la Gasca is hereby adjudged to be beheaded, and the captains Aldana and Hinojosa to be quartered.”  The other captains and officers serving under the president, were at the same time condemned to various punishments, according to the measure of guilt which Gonzalo and the leaders of his faction were pleased to charge against them; and the sentences were ordered to be signed in due form by the oydor Cepeda, and other men of letters at Lima.