style="font-size:15px;"> The Viceroyalty of Peru formerly extended from the south confines of Mexico to those of Chile, including all the Spanish possessions in South America, and what the Spaniards call meridional America. The Viceroyalty of Santa Fe de Bogotá was separated from Peru, and established in 1718; that of Buenos Ayres in 1777.
The titles of the Viceroy of Peru were His Excellency Don——, Viceroy and Captain-general of Peru, President of the Royal Audience, Superintendent Subdelegate of the Royal Finances, Posts and Temporalities, Director-general of the Mining Tribunal, Governor of Callao, Royal Vice-patron, &c.
As Viceroy he was the immediate representative of the King, and answerable to him alone as President of the Council of Indies, Consejo de Indias: to which tribunal all complaints and appeals were directed, as well as the residential reports. Petitions of every description were presented directed or addressed to him, for the despatch of which he was assisted by a legal adviser, called asesor general, whose written report was generally confirmed by the sub-signature of the Viceroy, but from these there was an appeal to the Royal Audience. It has been the custom of the Viceroys to appoint an hour in the morning, and another in the afternoon, for receiving personally from the hands of the petitioners papers addressed to them; but the secretary's office was always open for such documents.
In his quality of Captain-general he was charged with all political affairs, those relating to fortification, and the defence of the country by land and sea, for which purpose the whole of the military and naval departments were subject to his immediate orders; but in cases of emergency he usually called a junta de guerra, council of war. All courts martial were held by his orders, and their sentences required his confirmation before they were put in execution, but if he chose he could refer the whole to the revision of the consejo de guerra permanente, in Spain.
In the capacity of President of the Royal Audience the Viceroy assisted at the sittings whenever he pleased, and entered at any hour which he thought proper during a session. When he proposed to assist in state, he announced his intention, and a deputation of the judges attended him from his palace to the hall; on his arrival at the door the porter called aloud, the president! when all the attorneys, advocates and others met and conducted him to his chair; the judges continued standing until he was seated and nodded permission for them to resume their seats. The session being finished, all the members of the audience, regent, judges, oidores, and fiscal, accompanied him to the door of his apartment in the palace, the regent walking on his left, and the other members preceding him two and two. The presidency of the audience was merely honorary, as the president had neither a deliberative nor a consulting voice, but all sentences of the tribunal must have had his signature, which may be called the veto, before they could be put in execution. On the arrival of any new laws, royal ordinances, or schedules, the Viceroy was summoned by the tribunal to the hall of accords, sala de acuerda, where they were presented to him, and the ceremony of obedience to them performed by his kissing the King's signature and then laying the paper on his head, which act was recorded by the escribano de camara.
The Viceroy, as President of the Royal Audience made a private report annually to the King, through the Council of Indies, of the public and even of the private characters of the members of the tribunal. He could also direct secret inquiries respecting any member whose conduct might have excited suspicion.
All presidents of audiences, as well as the members, were forbidden to marry within the boundaries of their jurisdiction without the express permission of the King; they were likewise prohibited all commercial concerns, possession of personal property, becoming godfathers to infants, and even visiting any private family. The Marquis of Aviles, Viceroy of Lima, was, before his appointment, married to a native of Lima, but he was never known to visit any of her relatives; however, Abascal, Marquis de la Concordia, judging it to be a prudent and conciliatory measure to break through this restriction during the unquiet times of his government, visited different families, and attended at several public feasts, giving others in return.
At the expiration of five years, the term for which viceroys, governors, &c. were appointed, and on the arrival of a successor, a commissioner, generally a judge, was nominated by the King, to take what was termed la residencia. Six months were allowed for all persons who considered themselves aggrieved to lay before this commissioner a full statement of their case, and at the termination of the six months the whole of the papers which had been presented were forwarded to the Council of Indies for the inspection of that tribunal.
As Superintendent Subdelegate merely placed the Viceroy above all the tribunals, he had no other authority over them, except, indeed, the nomination of the higher officers, who had afterwards to obtain a confirmation from the King; or of confirming the lower officers nominated by their superior ones. It may be considered an honorary distinction, except that of royal financier, as such he presided quarterly at the general passing of accounts and inspection of treasures.
As Royal Vice-patron all collated benefices required his confirmation. The Archbishop proposed to him three individuals, and it generally happened that the first on the list received the confirmation; but this was optional in the Vice-patron, who could confirm any one of those whom he chose. This prerogative was often the cause of serious disputes between the Viceroy and the Archbishop. As Governor-general of Callao, he visited its fortifications twice a year, for which he had an additional sum of five hundred dollars for each visit. His whole salary amounted to sixty-one thousand dollars.
The Royal Audience of Lima was established in 1541, and composed of a President, Regent, eight Oidores or Members, two Fiscals, (one civil, the other criminal) Relatores, Reporters, Escribanos, Scriveners or Recorders, Porters, and an Alguacil Mayor, also two Alcaldes de Corte. The official costume of the regent and members was a black under dress with white laced cuffs over those of the coat, a black robe or cloak with a cape about three quarters of a yard square, generally of velvet, called the toga; and a collar or ruff having two corners in front; this was black and covered with white lace or cambric: a small trencher cap, carried in their hands, completed their costume. When divested of their robes they bore a gold-headed cane or walking-stick with large black silk tassels and cord, which was the insignia of a magistrate, or of any one in command, and called the baton.
The sessions of the audience were held every day, excepting holidays, from nine o'clock in the morning till twelve; and here all cases both civil and criminal were tried, either by the whole of the members or by committees, and there was no appeal, except in some few cases, to the Consejo de Indias. The audience was a court of appeal from any other authority, even from the ecclesiastical courts, by a recurso de fuersa; but all its sentences required the signature of the Viceroy or President; for the obtaining of which, an escribano de camara waited on his excellency every day with all those papers that had received the signatures of the audience and required to be signed by him. Papers addressed to the audience were headed with mui poderoso señor, most potent lord; and the title of the members in session was highness, altesa, individually that of lordship, senoria.
The Cabildo of Lima had two Alcaldes Ordinarios, twelve Regidores, a Sindico Procurador, a Secretary, an Alguacil Mayor and a legal Advisor called the Asesor. The Cabildo appointed out of its own members a Justice of Police, Jues de Policia; a Jues de Aguas, who decided in all questions respecting the water-works belonging to the city and suburbs; also a Fiel Egecutor, for examining weights and measures. The Royal Ensign, Alferes Real was another member de oficio, appointed by the King, who held in his possession the royal standard, (the same that was brought by Pizarro) which was carried by the alferes real, accompanied by the Viceroy, a deputation from the audience, another from the Cabildo, including the two alcaldes, and others from the different corporate bodies, in solemn procession through some of the principal streets of the city, on the 8th of January, being the anniversary of the foundation of Lima. The title of alferes real was hereditary in the family of the Count of Monte Mar, y Monte Blanco.
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