Among these persons of the law who were desired to sign on the present occasion, was a licentiate from Valladolid named Polo Hondegardo, who had the boldness to wait upon Gonzalo, and to represent to him, that the promulgation of such a sentence was by no means advisable or politic; as it might possibly happen hereafter that those officers who were now in the service of the president might incline to revert to his party, which they would not dare to do when once this cruel sentence was pronounced against them.  He represented farther, that it was necessary to keep in mind the sacred character of the president as a priest; in consequence of which circumstance all who might sign a sentence of death against him would incur the pains and penalties of the greater excommunication.  By this remonstrance, these strong measures were arrested in their progress, and the intended sentence was not promulgated.

About this time, intelligence was brought to Pizarro, that the squadron under Lorenzo de Aldana had quitted the port of Truxillo and was approaching along the coast towards Lima.  On this intelligence, Gonzalo sent off Juan d’Acosta with fifty mounted musqueteers, with orders to keep in view of the ships, to prevent the royalists from being able to land for provisions or water.  On arriving at Truxillo, Acosta only ventured to remain one day at that place, being afraid that Diego de Mora might bring a superior force against him from Caxamarca.  He learnt likewise, that the royalists squadron had gone to the port of Santa, to which place he accordingly marched.  Aldana got notice of his coming from some Spanish inhabitants of that place, and laid an ambuscade for him, consisting of an hundred and fifty musqueteers, in a place overgrown with tall reeds on the side of the road by which Acosta had to march in his way to Santa.  Acosta had certainly fallen into the snare, if he had not fortunately made prisoners of some spies who had been sent on shore from the squadron, whom he was about to have hanged, when they prevailed on him to save their lives by giving him notice of the ambushment, and by farther informing him that he might make prisoners of some sailors who were taking in fresh water for the ships, by quitting the common road and going nearer the shore.  He accordingly took that road and made the sailors prisoners, whom he sent to Gonzalo at Lima.  Those belonging to Aldana, who were in ambush, learnt this transaction; but, being all on foot, and the insurgent party all horsemen, they could not attempt to rescue the prisoners from Acosta, as that part of the country consisted of very deep sands.  Acosta returned to the port of Guavera, where he waited fresh orders from Lima.