On receiving this resolute answer, Vaca de Castro marched his army to a small distance from Guamanga, where the ground was too rough and uneven for his cavalry, and took up a position in a smooth plain named Chupaz, where he remained three days, during all which time it never ceased raining, as it was then the middle of winter, yet the troops were forced to be always under arms and ready for action, as the enemy was very near.  He had resolved to give battle, us the enemy obstinately refused all accommodation; yet finding that several persons in his army seemed to hesitate on account of the disapprobation which his majesty had evinced respecting the former battle of Salinas, on which account Ferdinand Pizarro was detained in prison, he judged it proper to take some formal judicial steps, both for his own justification, and to satisfy the scruples of his troops.  He pronounced therefore a formal sentence against Don Diego, whom he declared a traitor and rebel, condemning him and all his adherents to death and the confiscation of all their goods.  After signing this judicial sentence in the presence of the whole army, he commanded the officers to give him asistance for carrying it into execution.

Next morning, being Saturday, the scouts brought intelligence after mass that the enemy, who had encamped for the night at two short leagues distance, was very near, and in full march towards the left of the royalist camp, advancing by some low hills to avoid a marsh which covered the front of the royalists.  Don Diego wished to gain possession of Guamanga before giving battle, and entertained no doubt of being victorious, trusting to his great superiority in artillery over the royalist army.  When the two armies were so near that the advanced guards were within musket shot, the governor detached Captain Castro with fifty musqueteers to skirmish with the enemy, while the rest of his troops marched up the slope of a hill on purpose to intercept the march of the rebels.  This movement was liable to considerable danger, as Don Diego might have done the royalists much damage by means of his artillery if he had taken advantage of the nature of the ground in proper time; for during this conversion, the royalist infantry were often obliged to halt to recover their order, which was much deranged by the difficulty of the ground.  When Carvajal the serjeant-major observed this circumstance, he ordered all the troops to gain the height as quickly as possible without preserving any precise order of march, and to form again when they were arrived at the summit.  They accordingly got all up, while Captain Castro and his musqueteers were skirmishing with the troops of Don Diego; who likewise continued his march, and drew up in order of battle.