Читать книгу The Narrative of Twenty Years' Residence in South America - William Bennet Stevenson - Страница 18

Table of Contents

Viceroys and Archbishops of Lima. … Viceroyalty, Extent. … Viceroy's Titles and Privileges. … Royal Audience. … Cabildo. … Forms of Law. … Military. … Religion. … Inquisition. … Sessions and Processes. … Archbishop. … Royal Patronage. … Ecclesiastical Tribunals. … Chapter, Cabildo Ecclesiastico. … Curates. … Asylum of Immunity. … Minor Tribunals. … Consulado. … Crusade. … Treasury, Accompts. … Temporalidades, Protomedicato.

Lima is the metropolitan, and the richest city of South America. Under the Spanish regime it has been the residence of forty-three Viceroys, counting from Don Francisco Pizarro to the present Don Jose de la Serna, who abandoned the capital in 1821, when the patriot army entered. It also enumerates nineteen archbishops, from Don Fray Geronimo de Loaisa, who arrived in 1540, to Don Bartolome Maria de las Heras, who was compelled by General San Martin to retire in 1821.

In the list of Viceroys we find four grandees of Spain, two titled princes, one archbishop, one bishop, and three licentiates; the rest were military officers, but none of them Americans. Among the archbishops is Saint Thoribio de Mogroviejo, who was presented in 1578, and in the exercise of his ecclesiastical duties was so unremitting, that he visited his extensive diocese three times, and confirmed upwards of a million of persons, one of whom was Saint Rose of Lima. He died in 1606, and was canonized by Benedict XIII. in 1727.

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.

The Viceroy was President of the Cabildo. The alcaldes had cognizance in all causes cognizable by governors; their sentences had the same force, and were carried by appeal to the audience.

The forms of law in the Spanish tribunals were very complicated, tedious and expensive. The escribano wrote down all declarations, accusations, and confessions, and the courts decided on the merits of the case according to what was read to them by the relator from the writings presented; the client, if in prison, not being admitted to hear his own cause. The tribunals, or judges very reluctantly deprived a man of his life, but they had no regard to his personal liberty; even a supposition of criminality was sufficient to incarcerate an individual, perhaps for years, during which he had not the power to prove himself innocent. From the facility of imprisonment it was not considered a disgrace, and a prisoner often received visits from his friends in a jail, which he returned as a matter of politeness when liberated. I saw prisoners here who had been incarcerated for twenty years, some for murder; their causes were not then and probably never would be finished till death stepped in.

The Viceroy visited all the prisons on the Friday before Easter, and two days before Christmas, when he discharged some persons who were confined for petty crimes. A surgeon and one of the alcaldes visited the prisons every day, which visits produced much good; the alcalde de corte examined their food two or three times a week, and attended to any complaints respecting the internal arrangements made by the alcaide, jailor.

Of the military, not only those who were in actual service, but the militia, and persons who had held military rank, and had retired, were tried by their particular laws, or court martials. This exemption was called fuero, but its enjoyment was not equally extended. The private, the corporal, and the serjeant might be tried, condemned and executed, but the sentence of an officer required the confirmation of the Captain-general, and in some cases the approbation of the King.

The Roman Catholic religion was established here in the same manner as in all the Spanish dominions, all sectaries being excluded. The inexorable tribunal for the protection of the former, and for the persecution of the latter, held its sessions in Lima, and was one of the three instituted in South America, the other two being at Mexico and Carthagena.

Much has been written at different times respecting this Tribunal de la Fe, tribunal of faith, and much more has been said about it, in opposition to the old Spanish adage, de Rey e Inquisicion—chiton, of the King and the Inquisition—not a word. The primitive institution was entirely confined to adjudge matters strictly heretical, but it soon assumed cognizance of civil and political affairs, becoming at the same time the stay of the altar, and the prop of the throne.

All the sessions of the Inquisition being inaccessible, and the persons tried, consulted, or called in as evidence having been sworn to keep secret every thing which they should hear, see, or say, has, in a great measure, deprived the public of any knowledge respecting what transpired in its mysterious proceedings.

This tribunal could condemn to fine, confiscation, banishment, or the flames. Since its erection in 1570, not fewer than forty individuals have been sentenced to the latter punishment, from which one hundred and twenty have escaped by recantation. The last who suffered was a female of the name of Castro, a native of Toledo, in Spain. She was burnt in the year 1761. Formerly the portraits of those unfortunate individuals who had been burnt were hung up, with the names annexed, in the passage leading from the cathedral to the Sagrario, where also the names of those who had recanted were exposed, having a large red cross on the pannel, but no portrait. In the year 1812, as one of the results of the promulgation of the constitution, this revolting exhibition was removed.

The tribunal was composed of three Inquisitors and two secretaries, called of despatch and of secret, del despacho y del secreto; alguasiles, or bailiffs, porters, brothers of punishment, being lay brothers of the order of Dominicans, whose duty it was to attend when requested, and to inflict corporal punishment on the unhappy victims of persecution. There were also brothers of charity, of the Hospitallery order of Saint Juan de Dios, to whom the care of the sick was confided; and both were sworn not to divulge what they had done or seen. Besides these, a great number of commissaries were appointed by the inquisitors, in the principal towns within their jurisdiction, for the purpose of furnishing them with information on every matter denounced; also of forwarding accusations, processes, and persons accused, to the tribunal. Qualifiers were elected, whose duty it was to spy out whatever might appear to them offensive to religion, in books, prints or images; they likewise reported to the tribunal their opinion of new publications. These were wretches worse than slander, for not even the secrets of the grave could escape them!

All books, before they were offered for sale, must have had a permit from the Inquisition; and if they were contained in the published list of prohibited works, the possessor was obliged to go to a calificador, qualifier, and deliver them to him; and should a person have known that another had such books in his possession, it was his duty to denounce the individual, whose house, through this circumstance, was subject to a visit from those holy men. When such books were found, the owner became amenable to any punishment which these arbitrary priests might think proper to inflict. The punishment was generally a fine, which was of the greatest utility to the judges, because all the salaries were paid out of fines and confiscations, and a stipend arising from a canonry in each cathedral within their jurisdiction. It was often said by the people, that some books were prohibited because they were bad; others were bad, because they were prohibited.

The inquisitors were secular priests, and distinguished from the others by wearing a pale blue silk cuff, buttoned over that of the coat. They were addressed as lords spiritual, and when speaking, although individually, used the plural pronoun we.

The inquisitorial power was never exercised over the Indians or negroes, who were considered in the class of neophytes; but every other individual, including the viceroy, archbishop, judges, prebends, &c. was subject to its almost omnipotent authority.

Lima was the see of a bishop from 1539 to 1541, when it was created an archbishopric by Paul IV., being a suffragan to the mitre of Seville till the year 1571. It was afterwards erected into a metropolitan, and has for suffragans the bishops of

Panamá	erected in	1533
Cuzco	"	1534
Quito	"	1545
Santiago de Chile	"	1561
Conception de Chile	"	1564
Truxillo	"	1577
Guamanga	"	1611
Arequipa	"	1611
Cuenca	"	1786
Maynas	"	1806

The two bulls of Alexander VI. of 1493 and 1501 gave to Ferdinand and Isabella the entire possession of those countries discovered, and that might from time to time be discovered by them and their successors, in America; and the pope, being infallible in his decrees, these bulls deprived the see of Rome of all direct influence in the Spanish colonies, and gave to the Kings of Spain the right of repulsing any jurisdiction which the popes might attempt to exercise there. Thus any decree, mandate, bull, or commission from the pope required the sanction of royal approbation before it was valid in this country; and even for the prevention of what were termed reserved cases, the Kings took care to obtain extensive privileges for the archbishops and bishops. All briefs, bulls, dispensations, indulgences, and other pontifical acts were sent from Rome to the King; and the Council of Indies had the exclusive examination, admission or rejection of them, as they might consider them advantageous or injurious to the royal prerogative in the colonies.

The right of patronage belonged exclusively to the King; he had the presentation to all archbishoprics and bishoprics, and every other office even to the lowest was filled by the royal will. The presentation to vicarages, curacies, chaplainries, &c. was delegated to the Viceroy, as Vice-patron; and if any dispute should arise respecting the due exercise of this delegated authority, it was carried before the Council of Indies, which was authorized to regulate any such controversies. This entirely deprived the pope of all interfering power; indeed he enjoyed no other right than that of granting bulls, briefs, &c. when they were requested, and of deciding in cases of conscience, when they were submitted to him by the Council of Indies.

All bishops and other beneficed priests rendered to the King, as patron, the entire rent of their benefice for one year; it was called the annata, and was paid in six annual instalments. The revenue of the mitres was derived from the tithes; two ninths of which belonged to the King, one fourth to the mitre and the remainder was applied to the other ministers of the gospel, both of the choir and collated benefices. For the security of the royal privileges, every bishop made oath, before he took possession of his see, that he would respect the royal patronage, and never oppose the exercise of its rights.

The archbishop had his ecclesiastical tribunal, and so had all bishops in the Spanish colonies. It was composed of himself, as president, the fiscal, and provisor vicar general. All ordinary sentences were given by the provisor, the president's signature being subjoined; but all important cases were judged by the archbishop.

The jurisdiction of this tribunal embraced all causes spiritual, such as orders, marriages, divorces, legitimations, pious legacies, monastical portions or dowries, with the defence and preservation of the immunities of the church, and contentious disputes between the members of the church, as well as those preferred by laymen against priests. All who had received holy orders enjoyed the fuero ecclesiastico, and all criminal complaints against the clergy must be laid before the ecclesiastical tribunal, but there was an appeal to the royal audience, as has been mentioned, by a recurso de fuersa.

Suits instituted in an ecclesiastical court were equally as tedious and expensive as those of a secular one.

Five provincial councils have been held here for the regulation of church discipline. The two first were held in 1551 and 1567 by Don Fray Geronimo de Loaisa, and the other three in 1582, 1591, and 1601, by Saint Thoribio de Mogroviejo.

The provincial of each monastic order was the prelate, or head of the order; he judged, in the first instance, of any misdemeanour committed by the individuals wearing the habit; he also inflicted corporal as well as spiritual punishments; besides ordering temporal privations, on which account monasteries were not subject to the ordinary.

The chapter, or cabildo ecclesiastico, of Lima had a dean, a subdean, a magisterial canon, a doctoral, a penitentiary and a treasurer; six prebendaries, four canons, six demi-proporcionaries, medio racioneros, and for the service of the choir four royal chaplains, two choral chaplains, a master of ceremonies, besides chaunters, musicians, monacillos, who served at the altar; porters, beadles, &c. The prebendaries and canons were distinguished from other clergymen by wearing white lace or cambric cuffs.

In the Spanish colonies the care of souls was confided to rectoral curates, who officiated in parishes where the population was principally Spanish or white creoles; they received a stipend out of the tithes, and from their parishioners they were entitled to the firstlings, primicias, which consisted of one bushel of grain of each description, harvested by each separate individual, if the quantity harvested exceeded seven bushels; but no more than one was exacted, however great the quantity of grain might be. For animals and fruits they generally compounded with their parishioners. They were also paid for baptisms, marriages and funerals; besides which they had perquisites arising from church feasts, masses, &c.

The doctrinal curates were those destined to towns or parishes the population of which was composed chiefly of indians; they had fewer perquisites, and received nothing for baptisms, marriages, or funerals, but a sum established by the synod, which was very small. They had however a stipend assigned them by the King, which they got from the treasury: it seldom exceeded 500 dollars.

The missionaries enjoyed curial and apostolical privileges in their villages, or reductions; they were of the order of Franciscans, who at the extinction of the Jesuits filled all the missions vacated by this death-blow to the advancement of Christianity among the unchristianized tribes of indians in South America.

The election of curates took place about every four years, and was called the concurso, at which time all those possessed of benefices, and who wished to be removed, presented themselves; having first obtained permission from the archbishop, and left another clergyman in charge of their parish. The archbishop and four examinadores examined them in Latin and theological points, and either approved or reproved them. If the former, an allegation of merits and services was presented, without any expression of inclination to any particular parish, and after all the examinations were ended the archbishop nominated three individuals to each of the third class or richest livings. These nominations were forwarded to the Vice-patron, who confirmed one of each three, and presented him with the benefice, returning immediately the two remaining ones. Out of these, other nominations were made for the second class, and then sent for confirmation. The returns furnished names for the first or lowest class. The archbishop could appoint, on the death of a curate, any priest to fill the vacancy pro tempore without the confirmation of the Vice-patron.

All persons who received holy orders must possess a sufficient congrua to support them decently, if not, they were ordained by a title of adscription, by which the archbishop could attach them to any curacy as assistants or coadjutors.

No curate or priest could enjoy two livings or benefices, nor absent himself under any pretence from the one he held without an express permission from the vicar-general; none could appear as evidence in cases where there was a possibility of the culprits being sentenced to death, and they were expressly prohibited from interfering, either directly or indirectly, as magistrates. It is certainly to be regretted, that in all parts of the world, I mean the Christian world, the same laws are not established; for what ought to be more dear to a shepherd than his flock; but alas! many take charge of it for the sake of the fleece, and for that only.

Some of the popes, imagining in their ardour of usurpation, that they should increase the sanctity of the Church by elevating it above the reach of the law, barred its doors against the civil magistracy, and made it the refuge of outlaws; thus mistaking pity for piety, Christian forgiveness for religious protection: hence the temple was opened to the murderer, his hands still reeking with the blood of his fellow citizen, and closed against the minister of justice, whose duty it was to avenge the crime; as if God had established his church for the protection of vices in this world, which he has threatened with eternal punishment in the next.

Spain, either through fear or as the bigot of ancient customs, maintains her asylums on the plan to which Charlemagne reduced them in France in the eighth century. By the request of the King a bull was issued, dated 12th Sept. 1772, limiting the place of immunity throughout the Spanish dominions to one church in each smaller town, and to two in large cities; the Sagrario and San Larazo enjoyed this privilege in Lima.

The immunity of the church protected a man who had killed another by chance or in his own defence; but if he had been guilty of murder, or had maliciously wounded a person so as to cause his death, it delivered him over to the civil authorities at their request. The commission of a crime in the church or its dependencies precluded immunity, which was also withheld from persons convicted of high treason, although they might take refuge in a privileged church; from those suspected of heresy; heretics; jews; forgers of royal or apostolic letters or patents; the defrauders of any bank or public treasury; false coiners of coin current in the country; violaters of churches, or destroyers of church property; persons who escaped from prison, from the officers of justice, from exile, public labours or the galleys; blasphemers; sorcerers; the excommunicated; debtors and thieves.

Thus it appears, that immunity was available only in cases of manslaughter; but if the person accused had been guilty of murder, before it could be proved against him, he generally took care to make his escape and elude the punishment. The same may be said of the greater number of the instances to which immunity was denied; for few suffered, like Joab, after having taken hold of the horns of the altar.

The other tribunals in Lima were el Consulado, or the Board of Commerce, founded in 1613. It had a prior and two consuls, who decided in all mercantile affairs; they had an asesor or legal adviser, secretary, notary and porters; the Tribunal of the Holy Crusade, founded in 1574, for the promulgation of the pope's bulls, and collection of this part of the royal revenue; the Royal Treasury, established in 1607, for the receipt of all treasure appertaining to the crown, and the payment of all persons in the employ of the government; the Tribunal of General Accompts; that of Temporalities, for recovering the value or rents of the possessions and property of the ex Jesuits; and, lastly, the Tribunal of the Protomedicato, for the examination of students in medicine and surgery: it was composed of a president, a fiscal and two examiners.