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.