_How the Viceroy treated with the Judges for their concurrence in
taking the treasure which was in the ship to be sent to Spain; and
how the Judges revoked the new laws._
The Viceroy was much afflicted at what he considered to be the shameful
conduct of the people, at having the audacity to rebel against a royal
order. He formed many resolves, sometimes he was for marching quickly to
Cuzco himself; at others he was for raising troops to defend Lima.
Finally he summoned the Judges to meet him. These were the Licentiate
Cepeda, the Doctor Tejada, and the Licentiates Alvarez and Zarate. They
had only arrived a few days before. Having assembled he said to them:
“It is as well known to you as it is to me that it is the will of his
Majesty that the ordinances shall be complied with and enforced in all
these kingdoms. If you should make any changes, or order anything
contrary to the wish of your prince, no doubt you will be looked upon as
well informed and wise men by those of Peru who have armed themselves to
defend their properties. But it is his Majesty the Emperor who, in this
case, must be served, and without fear. We should take up arms and be
ready to march against the rebels. Do not think that it is not seen what
these people desire. It is that Pizarro may be Procurator of these new
laws, and even if they are suspended he will not put out this cruel
fire. He is not ignorant that if the laws are not suspended it will
afterwards afford an excuse which will give colour to his treason. It
will now be necessary to obtain funds by taking out treasure which is on
board the ship with the rest that belongs to his Majesty, in order to
raise troops. Eventually it can all be repaid from the forfeited
property and estates of the traitors.”
While the Viceroy spoke thus, the Judges listened to him with their eyes
on the ground, and by their silence they showed great anxiety at the
state of affairs, although they were not all of one mind nor did they
all desire the success of the measures which their offices required. The
anxiety they showed was that the Viceroy should assemble troops to
resist Pizarro. There would be a battle, and if Pizarro was conqueror
the Judges would not be committed. If he was vanquished the honour would
rest with the Viceroy. Placing their own interests before everything
else, the Licentiate Cepeda spoke first, because he had the first vote.
He replied to the Viceroy’s speech in these words, “His Majesty
appointed you as Viceroy, and we were chosen as Judges. You, as the
principal person, came as President and Governor with orders to execute
the ordinances, but taking the opinions of the Judges in all things.
You are the head and the Judges are the members of the body politic, the
whole being a body representing the name of the King’s Majesty. It is
well known what took place at Panama, and what the Licentiate Zarate
said respecting your coming. You were aware of the considerations which
were put before you. But from the time you entered the kingdom you paid
no attention to them. You wasted much time at Piura and Truxillo, as is
well known, without much advantage, indeed things became worse. The
disloyal wanted to become tyrants. Their only cry was liberty, in that
name they have risen and acted. You were not ignorant how unsettled and
unrestrained were the people of this land. Princes often dissimulate
with their subjects until a convenient time comes to strike and punish.
The name of Pizarro certainly counts for much in the minds of many of
the inhabitants of this city, and little confidence can be placed either
in them or in those of Cuzco. It will be a loss, and will do harm to
spend the treasure of the King. The Bishop and the Regent[48] have gone
to treat for peace. You ought to wait for the result, and for what the
rebels say to the provision brought to them by Pero Lopez. You should
give orders for the revocation of the ordinances though it would have
been better if you had done this at Tumbez.”
The other Judges concurred.
Besides these discourses there were many others, because the Judges had
previously agreed to make a requirement to the Viceroy not to enforce
the new laws, but they did not dare to present it. As it was there were
words between Cepeda and the Viceroy. It was stated by the Viceroy that,
the court of justice having been founded, he did not need to take
counsel with the Judges.
After these discourses the Viceroy determined to take the treasure out
of the ships, as a means for resisting the treason which Pizarro had
commenced. A sum of $100,000 or more was landed and taken to the
treasury. The Viceroy then, with a valiant mind, began to hold Pizarro
and his forces very cheap, and animated those who were in Lima. He also
ordered the new laws to be revoked until his Majesty should order
otherwise, except so far as governors and royal officers were concerned.
Before the suspension he exclaimed, as a protest, that he did not do
this willingly but as the only means of putting down the rebellion. The
suspension was publicly proclaimed throughout the kingdom. If the people
wanted no more than the suspension, they saw this done. But they were
not worthy of that concession, for afterwards, by their mad
insurrections, many lives were lost to support him they had elected for
their defender, and certainly so much blood has been shed and properties
lost, that it is sad to think of it. The thoughts of those men who seek
the beginning without considering what will be the end should be stopped
before they enter upon that beginning. Diogenes Laertius, among the
sentences of the wise Plato, quotes this: “All men should first consider
the consequence of what they intend to do, that they may not do a thing
which is reprehensible and to be condemned.” Dionysius of Halicarnassus,
in the eighth book of his Roman Antiquities, says: “You will never find
that there has been a man to whom everything has always happened
prosperously and according to his wishes. At some time fortune will have
been against him. For this reason those who are more prudent than
others, having longer lives and more experience, tell us that when a
man is going to do anything, before he begins he should consider what
will be the end.” The tyrants of the city of Jerusalem, Simon and John,
according to Josephus in his _De bello Judaico_, who the people elected
as their defenders, did more harm than the Romans could have done. Those
of Milan chose Guelpone, Count of Angleria[49], as their captain, and
the end of it was that the opulent city of Milan was burnt to ashes by
Frederick Barbarossa[50]. The only real liberty is under royal
government. If this is not true ask Arequipa what happened at Huarina,
ask Quito about Anaquito. Ask them if it would not have been better
never to have known Gonzalo Pizarro, and always to have their lord the
King for sovereign, not with bright colours on the outside, and within
full of dirt and soot, to oppose the King’s ministers, and those he sent
as his delegates and lieutenants.