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After some correspondence between the parties, it was agreed to submit the arbitration of the dispute to a single individual, Fray Francisco de Bovadilla, a Brother of the Order of Mercy. Though living in Lima, and, as might be supposed, under the influence of Pizarro, he had a reputation for integrity that disposed Almagro to confide the settlement of the question exclusively to him. In this implicit confidence in the friar's impartiality, Orgonez, of a less sanguine temper than his chief, did not participate.23An interview was arranged between the rival chiefs. It took place at Mala, November 13th, 1537; but very different was the deportment of the two commanders towards each other from that which they had exhibited at their former meetings. Almagro, indeed, doffing his bonnet, advanced in his usual open manner to salute his ancient comrade; but Pizarro, hardly condescending to return the salute, haughtily demanded why the marshal had seized upon his city of Cuzco, and imprisoned his brothers. This led to a recrimination on the part of his associate. The discussion assumed the tone of an angry altercation, till Almagro, taking a hint--or what he conceived to be such--from an attendant, that some treachery was intended, abruptly quitted the apartment, mounted his horse, and galloped back to his quarters at Chincha.24 The conference closed, as might have been anticipated from the heated temper of their minds when they began it, by widening the breach it was intended to heal. The friar, now left wholly to himself, after some deliberation, gave his award. He decided that a vessel, with a skilful pilot on board, should be sent to determine the exact latitude of the river of Santiago, the northern boundary of Pizarro's territory, by which all the measurements were to be regulated. In the mean time, Cuzco was to be delivered up by Almagro, and Hernando Pizarro to be set at liberty, on condition of his leaving the country in six weeks for Spain. Both parties were to retire within their undisputed territories, and to abandon all further hostilities.25This award, as may be supposed, highly satisfactory to Pizarro, was received by Almagro's men with indignation and scorn. They had been sold, they cried, by their general, broken, as he was, by age and infirmities. Their enemies were to occupy Cuzco and its pleasant places, while they were to be turned over to the barren wilderness of Charcas.

Little did they dream that under this poor exterior were hidden the rich treasures of Potosi. They denounced the umpire as a hireling of the governor, and murmurs were heard among the troops, stimulated by Orgonez, demanding the head of Hernando. Never was that cavalier in greater danger. But his good genius in the form of Alvarado again interposed to protect him. His life in captivity was a succession of reprieves.26Yet his brother, the governor, was not disposed to abandon him to his fate. On the contrary, he was now prepared to make every concession to secure his freedom. Confessions, that politic chief well knew, cost little to those who are not concerned to abide by them. After some preliminary negotiation, another award, more equitable, or, at all events, more to the satisfaction of the discontented party, was given. The principal articles of it were, that, until the arrival of some definitive instructions on the point from Castile, the city of Cuzco, with its territory, should remain in the hands of Almagro; and that Hernando Pizarro should be set at liberty, on the condition, above stipulated, of leaving the country in six weeks.--When the terms of this agreement were communicated to Orgonez, that officer intimated his opinion of them, by passing his finger across his throat, and exclaiming, "What has my fidelity to my commander cost me!" 27Almagro, in order to do greater honor to his prisoner, visited him in person, and announced to him that he was from that moment free. He expressed a hope, at the same time, that "all past differences would be buried in oblivion, and that henceforth they should live only in the recollection of their ancient friendship." Hernando replied, with apparent cordiality, that "he desired nothing better for himself." He then swore in the most solemn manner, and pledged his knightly honor,--the latter, perhaps, a pledge of quite as much weight in his own mind as the former,--that he would faithfully comply with the terms stipulated in the treaty. He was next conducted by the marshal to his quarters, where he partook of a collation in company with the principal officers; several of whom, together with Diego Almagro, the general's son, afterward escorted the cavalier to his brother's camp, which had been transferred to the neighboring town of Mala. Here the party received a most cordial greeting from the governor, who entertained them with a courtly hospitality, and lavished many attentions, in particular, on the son of his ancient associate. In short, such, on their return, was the account of their reception, that it left no doubt in the mind of Almagro that all was at length amicably settled.28--He did not know Pizarro.