CHAPTER XXXIX

_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.