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.
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.