After this, the judges sent off a message to Cueto, by means of Friar Gaspard de Carvajal, in which the deposed viceroy concurred, ordering him to surrender the command of the fleet, and to give up the children of the late marquis, in return for which they would place the viceroy under his charge, who would otherwise be in great peril of his life.  On getting aboard ship, Friar Gaspard presented his commission to Cueto and gave him a full account of the state of affairs, in presence of the licentiate Vaca de Castro, who still remained a prisoner in that vessel.  In consideration of the danger to which the viceroy was exposed, Cueto sent the children of the marquis on shore together with Don Antonio de Ribera and his wife who had the care of them.  The judges still insisted that Cueto should surrender the fleet to their command, threatening to behead the viceroy if he refused; and though Vela Nunnez, brother to the viceroy, went several times with messages to induce compliance, the captains of the ships would not consent to that measure, so that the judges were constrained to return to Lima with the viceroy still in custody.

Two days afterwards, the commanders of the ships were informed that the judges and their partizans had come to the resolution of sending a strong force of musqueteers in boats to make themselves masters of the ships by force.  They might perhaps have easily persuaded Cueto to give up the fleet, of which in reality Jerom de Zurbano had more the command than he, as all the soldiers and sailors who were attached to the deposed viceroy were at his disposal; but Zurbano, to whom the judges made great offers, was quite inflexible.  The captains of the fleet came even to the resolution of quitting the port of Lima, to cruise upon the coast of Peru, till such time as they might receive orders from his majesty how to conduct themselves in the present crisis.  They believed that the viceroy had many friends and adherents in Lima and other parts of Peru; as many persons who had not taken any share in the deposition and imprisonment of the viceroy, and several of those who were best disposed to the royal service continued almost daily to make their escape on board the fleet.  The ships were tolerably well armed and appointed, having ten or twelve iron cannon, and three or four of brass, besides forty quintals of powder.  As to provisions, they had above four hundred quintals of biscuit, five hundred bags of maize, and a large store of salt meat; so that they were victualled sufficiently for a considerable time, and they could easily procure water on any part of the coast.  Their force however was very small, as they had only twenty five soldiers, and by no means a sufficient number of mariners for the ten ships which composed their fleet.  They resolved therefore to abandon four of the smallest vessels, which they were unable to man; and not thinking it right to leave these behind, lest they might have been employed against themselves by the partizans of the judges, they set these small vessels on fire the day after the imprisonment of the viceroy, as likewise two fishing barks which were in the harbour, and then set sail.  The four small ships were entirely destroyed, but the two fishing vessels were saved after sustaining very little damage.