One of the peculiarities of this climate, as well as that of the coast of Peru from Arica to Cape Blanco, being a distance of about 16 degrees of latitude, is, that it can scarcely ever be said to rain. Several theories have been advanced to account for this anomaly of nature. The following facts and explanations will, perhaps, tend to unravel the difficulty.

In April or May the mists, called garuas, begin, and continue with little interruption till November, which period is usually termed the winter solstice. The gentle winds that blow in the morning from the westward, and in the afternoon from the southward, are those which fill the atmosphere with aqueous vapours, forming a very dense cloud or mist; and owing to the obliquity of the rays of the sun during this season the evaporation is not sufficiently rarified or attenuated to enable it to rise above the summits of the adjacent mountains; so that it is limited to the range of flat country lying between the mountains and the sea, which inclines towards the north west. Thus the vapours brought by the general winds are collected over this range of coast, and from the cause above-mentioned cannot pass the tops of the mountains, but remain stationary until the sun returns to the south, when they are elevated by his vertical heat, and pass over the mountains into the interior, where they become condensed, and fall in copious rains. That rain is not formed on the coast from these mists is attributable, first, to a want of contrary winds to agitate and unite the particles, and, secondly, to their proximity to the earth, which they reach in their descent, before a sufficient number of them can coalesce, and form themselves into drops.

The figure of the coast also contributes to the free access of the water that has been cooled at the south pole, on its return to the equatorial regions. From Cape Pilares to latitude 18° the direction of the coast is nearly N. and S.; and from 18° to 5° it runs out to the westward: thus the cold water dashes on the shores, and produces in the atmosphere a coolness that is not experienced in other parts, where the coasts are filled with projecting capes and deep bays; because the current, striking against those, sweeps from the coast, and the water in these becomes heated by the sun, and is deprived by the capes of the current of cold water, excepting what is necessary to maintain the equilibrium, which is diminished by absorption in the bays. The heat increases with astonishing rapidity from latitude 1° south to 10° north; the Gulph of Choco being deprived of the ingress of cooled water from the south by the Cape San Francisco, and from the north by Cape Blanco. The eastern shores of the south Continent of America are much warmer than the western, owing to the great number of capes and bays. The atmosphere does not enjoy the cooling breezes from the pole, which are diverted from a direct course in the same manner as the currents of water, nor the refrigerated winds from the Cordillera.

The southern hemisphere is altogether much cooler than the northern: perhaps in the same ratio that the surface land of the northern hemisphere exceeds that of the southern.

During the months of February and March it sometimes happens that large straggling drops of rain fall about five o'clock in the afternoon. This admits of an easy elucidation. The exhalations from the sea being elevated by the heat of a vertical sun, and impelled by the gentle winds during the day towards the interior and mountainous parts of the country, are sometimes arrested in their progress by a current of air from the eastward, which, having been cooled on its passage over the snow-topped Andes, is colder than the air from the westward; and wherever these currents meet the aqueous particles are condensed, and uniting become too heavy to continue in the upper region of the atmosphere, when they begin to fall, and in their descent combine with those that fill the lower regions, and hence some large drops are formed.

The following table of the weather will perhaps furnish a better idea of the climate of Lima than any verbal description:—

Sun indicates those days in which the sun was never clouded; Cloudy, those in which the sun was not visible; and Variable, those in which the sun was generally clouded in the morning but afterwards became visible.

From the foregoing explanations it must naturally be inferred, that the dry season in the interior occurs at the time that the mists or fogs predominate on the coast, and vice versa: this is what really takes place. The rivers on the coast are nearly dry during the misty weather, but during the summer heat they often become impassable, owing to their increase of water from the melting of the snow on the mountains and the fall of rain in the interior. The chimbadores, or badeadores, men who ford the larger rivers with goods and travellers, know from experience and minute observation, according to the hour at which the increase begins, at what place the rain has fallen.

It may be well here to advert to a phenomenon which has as yet remained unnoticed. The heavy rains which fall on the Cordillera of the Andes are the effect of evaporation from the Pacific Ocean, and these rains feed the enormous streams which supply those rivers that empty themselves into the Atlantic. It therefore follows, that the Atlantic is furnished with water from the Pacific; and if, as some have believed, the Atlantida existed between the coasts of Africa and America, its western shores being opposite to the mouth of the river Amazon, its inundation may have been occasioned by the heavy rains in the Andes.

The vegetable mould in the valley of Lima is about two feet deep, and is extremely rich, amply repaying the labour of cultivation. Below the mould is a stratum of sand and pebbles, extending about three leagues from the sea-coast; and under this a stratum of indurated clay, apparently of alluvial depositions. The latter seems to have been once the bottom of the sea, and may have been raised above the level of the surface by some great convulsion; for I cannot suppose with Moreno, Unanue and others, that the water has retired from this coast so much as to occasion a fall of more than four hundred feet in perpendicular height, which the stratum of sand and pebbles holds above the level of the sea at its extreme distance from the coast.

May not the same principles account for the general belief, that the surface of the Atlantic on the eastern shores of the New World is above the level of the Pacific on the western shores, notwithstanding the apparent contradiction of the currents running round Cape Horn into the Atlantic? Perhaps the asserted elevation, particularly in the Gulph of Mexico, is owing to the prevailing winds that drive the surface water into the gulf, its free egress by a sub-current being impeded by the range of the Antilles, whose bases may occupy a greater space than their surfaces, and also to the existence of rocks under water.

Although Lima is free from the terrifying effects of thunder and lightning, it is subject to dreadful convulsions which are far more frightful and destructive. Earthquakes are felt every year, particularly after the mists disperse and the summer sun begins to heat the earth. They are more commonly felt at night, two or three hours after sunset, or in the morning about sunrise. The direction which they have been observed to keep has generally been from south to north, and experience has shewn, that from the equator to the Tropic of Capricorn the most violent concussions have taken place about once in every fifty years. Since the conquest the following, which occurred at Arequipa, Lima and Quito, have been the most violent:—

It has been remarked, that the vegetable world suffers very much by a great shock, the country about Lima, and all the range of coast were particularly affected by that which happened in 1678. The crops of wheat, maize, and other grain were entirely destroyed, and for several years afterwards the ground was totally unproductive. At that period wheat was first brought from Chile, which country has ever since been considered the granary of Lima, Guayaquil, and Panama. Feijo, in his description of the province of Truxillo, says, "that some of the valleys which produced two hundred fold of wheat before the earthquake in 1687 did not reproduce the seed after it for more than twenty years;" and according to the latest information from Chile the crops have failed since the earthquake in 1822. The following shocks were felt in Lima in the years 1805 and 1810:—

When one or two faint shocks are felt in the moist weather, they are supposed to indicate a change, and the same is expected in the dry or hot weather.

The principal produce of the valley of Lima is sugar cane, lucern, alfalfa, maize, wheat, beans, with tropical and European fruit, as well as culinary vegetables.

The sugar cane is almost exclusively of the creole kind: fine sugar is seldom made from it here, but a coarse sort, called chancaca, is extracted, the method of manufacturing which will hereafter be described. The principal part of the cane is employed in making guarapo; this is the expressed juice of the cane fermented, and constitutes the chief drink of the coloured people; it is intoxicating, and from its cheapness its effects are often visible, particularly among the indians who come from the interior, and can purchase this disgusting vice at a low rate. The liquor is believed to produce cutaneous eruptions if used by the white people, on which account, or more probably from the vulgarity implied in drinking it, they seldom taste it. I found it very agreeable, and when thirsty or over-heated preferred it to any other beverage.

The manufacture of rum was expressly forbidden in Peru both by the Monarch and the Pope; the former ordained very heavy penalties to be inflicted, the latter fulminated his anathemas on those who should violate the royal will. The whole of this strange colonial restriction had for its object the protection and exclusive privilege of the owners of vineyards in the making of spirits—a protection which cost the proprietors upwards of sixty thousand dollars.

Great quantities of lucern, alfalfa, are cultivated, for the purpose of supplying with provender the horses and mules of Lima; and not less than twelve hundred asses are kept for the purpose of bringing it from the chacras, small farms in the valley. It generally grows to the height of three feet, and is cut down five times in the year; it prospers extremely well during the moist weather, but there is a great scarcity in the summer or hot season, because it cannot then be irrigated, for it has been observed, that if, after cutting, the roots are watered they rot; on this account fodder is not plentiful in summer, so that if a substitute for the lucern could be introduced it would prove a source of great wealth to its cultivator. I never saw dried lucern, and on inquiring why they did not dry and preserve it, was told, that the experiment had been tried, but that the green lucern when dried became so parched and tasteless that the horses would not eat it, and that the principal stems of the full-grown or ripe lucern very often contain a snuff-like powder, which is very injurious to the animals, producing a kind of madness, and frequently killing them. Fat cattle brought to Lima are generally kept a few days on lucern before they are slaughtered; the farmers are therefore very attentive to the cultivation of this useful and productive plant. Guinea grass was planted near the city by Don Pedro Abadia, but it did not prosper; whether the failure were occasioned by the climate, or by ignorance of management, I cannot say, but I am inclined to believe that the latter was the case.

Wheat is sown, but no reliance can be placed on a produce adequate to repay the farmer, although the quality in favourable seasons is very good. It often happens, that the vertical sun has great power before the grain is formed, at which time the small dew drops having arranged themselves on different parts of the ear into minute globules, these are forcibly acted on by the sun's rays before evaporation takes place, and operating as so many convex lenses, the grain is burnt, and the disappointed farmer finds nothing but a deep brown powder in its place. I have sometimes seen a field of wheat or other grain most luxuriantly green in the evening, and the day following it has been parched and dry; this transition the farmer says is the effect of frost; which will perhaps be admitted to be a correct explanation, if we consider that during the night the wind has come from the eastward, and has passed over a range of the Andes at a short distance. It sometimes also happens that the moist season continues for a long period, or that after clear weather the mists return; now should the farmer irrigate his fields during this intermission, or should the mists continue, the plants shoot up to such a great height that straw alone is harvested; but in this case, aware of the result, he often cuts the green corn for fodder, or turns his cattle on it to feed.

The growth of maize is much attended to, and very large quantities are annually consumed in Lima by the lower classes, and as food for hogs, some of which animals become extremely fat with this grain, and in less time than if fed on any other kind. Three sorts of maize are cultivated here, each of which has its peculiar properties and uses. It appears to have been in very extensive use among the indians before the arrival of the Spaniards; for, on digging the huacas, or burying grounds, at the distance of forty leagues from Lima, I have often found great quantities of it. A large deposit was discovered in square pits or cisterns, made of sun-dried bricks, on a farm called Vinto, where no doubt there had either been a public granary, or, as some people imagine, a depôt formed by Huaina Capac, on leading his troops against the Chimu, a king of the coasts, about the year 1420. The grain was quite entire when it was taken up, although, according to the above hypothesis, it had been under ground about four hundred years; owing its preservation perhaps to the dry sand in which it was buried. Its depth beneath the surface was about four feet, on the ridge of a range of sand hills, where no moisture could reach it by absorption from below, its elevation being about 700 feet above the level of the sea, and 600 above that of the nearest river. I planted some of it, but it did not grow: however its fattening qualities were not destroyed, and the neighbouring farmers and inhabitants of the adjacent villages profited by the discovery.

Large quantities of beans are harvested in this valley for the support of the slaves on the estates and plantations, but the market of Lima is principally supplied from valles, the valleys on the coast to the northward.

Although abundance of tropical and ultra-tropical fruit trees are cultivated in the gardens and orchards belonging to the farm houses, and quintas, seats, in the valley, I shall defer an account of them until I describe the gardens in and about the city.

Culinary vegetables are grown here in abundance, including a great part of those known in Europe, as well as those peculiar to warm climates. The yuca, casava, merits particular attention, on account of its prolific produce, delicate taste, and nutritious qualities; it grows to about five feet high; its leaves are divided into seven finger-like lobes of a beautiful green, and each plant will generally yield about eight roots of the size of large carrots, of a white colour, under a kind of rough barky husk. In a raw state its taste is somewhat similar to that of the chesnut, and of a very agreeable flavour when roasted or boiled; the young buds and leaves are also cooked, and are as good as spinage. It is propagated by planting the stalks or stems of the old crop, cutting them close to the ground after about four inches are buried in the mould, which must be light and rather sandy. Two species are known; the crop of the one arrives at full growth in three months, but this is not considered of so good a quality, nor is it so productive as the other, which is six months before it arrives at a state of perfection. They are distinguished by the yellowish colour of the latter, and the perfectly white colour of the former. The disadvantage attending these roots, is, that they cannot be kept above four or five days before they become very black, when they are considered unfit for use. Starch is made from them in considerable quantities, by the usual method of bruising, and subjecting them to fermentation, in order to separate the farina. The mandioc, a variety of this genus, is unknown on the western side of the Continent: thus all danger of injury from its poisonous qualities is precluded.

Several varieties of the potatoe are cultivated and yield very abundant crops. They appear to have been known in this part of the New World before it was visited by the Spaniards, and not to have been confined to Chile, their native country. I found this probability on their having a proper name in the Quichua language, whilst those plants that have been brought into the country retain among the Indians their Spanish names alone.

Camotes, commonly called sweet potatoes, and by the Spaniards batatas, are produced in great abundance, of both the yellow and purple kinds. I have seen them weighing ten pounds each; when roasted or boiled their taste is sweeter than that of the chesnut, and all classes of people eat them. They become much more farinaceous if exposed for some time to the sun after they are taken out of the ground; and if kept dry they will remain good for six months. They are propagated by setting pieces of the branches of old plants, to procure which the camote itself is sometimes planted.

Although the arracacha which is grown in this valley is neither so large nor so well tasted as that which is produced in a cooler climate, it is nevertheless an exceedingly good esculent. It is cultivated in a rich, loose soil, and has generally five or six roots, something like parsnips, but of a different flavour; they are not very mealy, and require but little cooking; they are, however, very easy of digestion, on which account they are given to the sick and convalescent; the leaves bear a great resemblance to those of celery. The plantation is either from cuttings of the root, like potatoes, or from the seed; in the first case the roots are full grown in three months, but in the latter in not less than five. If allowed to remain in the ground double the time mentioned the roots continue to increase in size, without any detriment to their taste. Starch is sometimes made from the roots, and used in the same manner as the arrow root is in other countries. Only the white arracacha is here cultivated. The arracacha deserves the attention of Europeans; it would, I am pretty certain, prosper in England, because its natural temperature, where it thrives best, is in about 60° of Fahrenheit.

The tomate, love apple, is very much cultivated, and is in frequent use both in the kitchen and for confectionary, and produces a very agreeable acid.

Capsicum, cayenne pepper, aji, is abundant; I have counted nine different sorts, the largest, rocotos, about the size of a turkey's egg, and the smallest, which is the most pungent, not thicker than the quill of a pigeon's feather; the quantity of this spice used in America is enormous; I have frequently seen a person, particularly among the indians, eat as a relish, twenty or thirty pods, with a little salt and a piece of bread. One kind called pimiento dulce is made into a very delicate salad, by roasting the pods over hot embers, taking away the outer skin, and the seeds from the inside, and seasoning with salt, oil, and vinegar.

It is rather a surprising fact, that manure is never used on the farms or plantations. The astonishing fertility of the soil, which has been under cultivation for upwards of three hundred years, and produced luxuriant annual crops, appears to be supported by the turbid water from the mountains, during the rainy season, with which it is irrigated. This water, like that of the Nile, leaves on the ground a slimy film, which is said to contain a considerable quantity of animal matter.

CHAPTER IX.

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

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.

CHAPTER X.

Taxes, Alcavala....Indian Tribute....Fifths of the Mines....Lances....Stamped Paper....Tobacco....Media Anata....Aprovechamientos.... Composicion and Confirmacion of Lands....Royal Ninths....Venal Offices....Estrays....Confiscations....Fines....Vacant Successions....Almoxarifasgo....Corso....Armada....Consulate....Cirquito....Vacant Benefices....Mesada Ecclesiastica....Media Anata Ecclesiastica....Restitutions....Bulls.

The system of taxation in the Spanish colonies was as complicated as their law suits in the courts of justice, and the ingenuity of the theory practised in the exchequer can only be equalled by the resignation of the people to the practice. The alcavala was the most ancient and most productive tax in the colonies; it was granted by the Cortes to the King of Spain, in 1342, to defray the expenses of the war against the Moors. At that time it was rated at five per cent., but in the year 1366 it was increased to ten per cent. The order for the collection of this tax in Peru was issued in 1591; it was first fixed here at two per cent., and afterwards increased, according to the exigences of the state, and the submission of the people, to six and a half per cent.

This tax was levied on every sale and resale of moveable and immoveable property; all merchandize, manufactured produce, animals, buildings, in fine, all kinds of property were liable to this impost the moment they were brought into the market, and all contracts specified its payment. Retail dealers generally compounded according to their stock and presumed sale, and were compelled to abide by the composition.

Those indians who became subject to the law of conquest, that is, all whose forefathers did not voluntarily resign themselves to the Spanish authorities, and solicit a curate, without causing any expense to be incurred in their discovery or subjection, paid an annual tribute from the age of eighteen to fifty. This tribute varied very much in different provinces; some paying seven dollars and a half a year, others only two and a half. An indian might redeem his tribute by advancing a certain sum, proportionate to his age and the annual tribute. The tax was collected by the subdelegados, governors of districts, who were allowed six per cent. on the sum gathered, according to the tribute roll, which was renewed every five years by a commissioner called the visitador. This direct tax was more irksome to the people than any other, and caused much general discontent, although those who paid it enjoyed privileges more than equal to the impost.

All metals paid to the King a fifth, for the collection of which proper officers and offices were established. Gold in its native state was carried to the royal foundry, casa real de fundicion, where it was reduced to ingots, each of which was assayed and marked, its quality and weight being specified; after which the fifth was paid, and then it was offered for sale. Silver was also taken in its pure state, called piña, and it was contraband to sell it until it had been melted, and each bar marked in the same manner as the gold. Base metals were subject to a similar impost, but reduced to bars by the miners, who afterwards paid the fifth.

Titles paid an annual fine of five hundred dollars each to the King, unless the person in possession redeemed it by paying ten thousand dollars. This tax, although unproductive in some parts, was worthy of attention in Lima, where there were sixty-three titled personages, marquises, counts and viscounts.

All judicial proceedings in the different courts of justice, civil, criminal, military and ecclesiastical; all agreements, testimonies, and public acts, were required to be on stamped paper, according to a royal order dated in 1638. It was stamped in Spain, bearing the date of the two years for which it was to serve, or was considered to be in force; after which term it was of no use. The surplus, if any, was cut through the stamp, and sold as waste paper, and the court took care to supply another stock for the two succeeding years. If the court neglected to do this, the old paper was restamped by order of the Viceroy, bearing a fac simile of his signature. There were four sorts of this paper, or rather paper of four prices. That on which deeds and titles were written, or permissions and pardons granted, cost six dollars the sheet; that used for contracts, wills, conveyances and other deeds drawn up before a notary, one dollar and a half; that on which every thing concerning a course of law before the Viceroy or Audience was conducted, half a dollar; and for writings presented by soldiers, slaves, paupers and indians, the fourth class was used, and cost the sixteenth of a dollar each sheet. The first sheet of the class required in any memorial or document, according to the foregoing rules, was of that price, but the remainder, if more were wanted, might be of the fourth class or lowest price, or even of common writing paper.

Tobacco was a royal monopoly, a price being fixed by the government on the different qualities of this article, according to the province in which it was grown; at such price the whole was paid for; after which it was brought to Lima, where it was sold at an established rate at the estanco, or general depôt. If any person either bought or sold tobacco without a license, confiscation of the article and a heavy fine were the result, and frequently the whole property of the offender became a forfeit. On an average, the King purchased it at three reals, three eighths of a dollar, per pound, and sold it again at two dollars; but such was the number of officers employed to prevent smuggling, collect the tobacco, and attend the estanco, that, on the whole, the revenue suffered very considerably, although the profit was so great. Snuff was not allowed to be manufactured in Peru; one kind called polvillo was brought from Seville, and rappee from the Havanna; but both were included in the royal monopoly. To secure the tax imposed on tobacco, no one could cultivate it without express permission from the Director; and, on delivery, the planter was obliged to make oath as to the number of plants which he had harvested; also that he had not reserved one leaf for his own use, nor for any other purpose. This tyrannical monopoly produced more hatred to the Spanish government than all the other taxes. Not only every tobacco planter, but every consumer joined in execrating so disagreeable an impost.

The media anata, or moiety of the yearly product of all places or employments under government, was paid into the treasury, or rather reserved out of the stipend when the payment was made by the treasury. This moiety was deducted for the first year only, and if the individual were promoted to a more lucrative situation, he again paid the surplus of his appointment for one year.

Aprovechamientos, or profits, were, in seized goods, the excess of their valuation over their sale, which excess was paid into the treasury so that the King took the goods as they were appraised by his officers, and appropriated to himself the profit of the public sale.

Composition and confirmation of lands were the produce arising from the sale of lands belonging to the crown, and the duty paid by the purchaser for the original title deeds.

The royal ninths, novenos reales, were the one ninth of all the tithes collected: the amount was paid into the treasury. Tithes were established in America by an edict of Charles V. dated the 5th of October, 1501. They were at first applied wholly to the support of the church; but in 1541 it was ordained that they should be divided into four parts; one to be given to the bishop of the diocese, one to the chapter, and out of the remainder two ninths should belong to the crown, three for the foundation of churches and hospitals, and four ninths for the support of curates and other officiating ecclesiastics. This distribution was afterwards altered, and the seven ninths of the moiety were applied to the latter purpose. The tithe on sugar, cocoa, coffee and other agricultural productions which required an expensive process before they were considered as articles of commerce paid only five per cent.; but ten per cent. was rigorously exacted on all produce and fruits which did not require such a process. Tobacco, being a royal monopoly, paid no tithes.

All offices in the cabildos, excepting those of the two alcaldes; those of notaries, escribanos, receivers and recorders of the audience, paid a fine to the King on his appointment, in proportion to the value of the office, but the incumbent was allowed to sell his appointment, on certain conditions established by law, which conditions, however, almost debarred any person from being a purchaser.

All property found was to be delivered to the solicitor of the treasury; and if it remained one year unclaimed it was declared to belong to the crown. All contraband or confiscated property paid to the King the duties which would have been paid had the commodity been regularly imported or exported; after which the value produced by sale, the aprovechamiento being deducted, was divided among the informer, the captors, the intendant, the Council of Indies and the King. Fines imposed as penalties in the different courts of justice belonged to the crown, and were paid into the treasury. The property of any person dying intestate appertained to the King. The revenue arising from commerce was exacted under a great many heads, and was as complicated a system as the rest of the Spanish proceedings, which appeared to be directed to the employment of a number of officers and the diminution of finance.

The almoxarifasgo was paid on whatever was either shipped or landed; on entering any Spanish port five per cent. was paid, on going out, two per cent.

The corso was levied on entry as well as departure, being in both cases two per cent. The duty called armada was a tax established for defraying the expenses incurred in the protection of vessels against pirates; that of corso against enemies in time of war; but although the former might not exist, and the latter have ceased, the tax was still levied, in contradiction to the old rule, that the effect ceases with the cause. The armada was four per cent. on entry, and two on departure. The duty of the consulate was received at the maritime custom houses, and the product accounted for to the tribunal; it was one per cent. on entry, and one on departure.

Besides the foregoing taxes, the tariff taxes were paid, the list of which would be too long for insertion. In 1810 the Viceroy Abascal issued a decree, by which British manufactured goods were permitted to be brought across the Isthmus of Panama, and thence to Callao, on condition of their paying a duty of thirty-seven and a half per cent., called el derecho de cirquito, circuit duty, in addition to all the other taxes. A merchant in Lima assured me, that having remitted thirty thousand dollars to Jamaica, to be employed in the purchase of cotton goods, the expenses of freight, the porterage, and the duties together amounted to forty-two thousand three hundred and seventy-five dollars by the time the goods were warehoused in Lima.

Among the ecclesiastical contributions to the state were major and minor vacancies, which were the rents of vacant bishoprics, prebendaries and canonries; these rents were paid into the treasury until the new dignitary was appointed, and took possession of his benefice.

The mesada ecclesiastica was the amount of the first month, or the twelfth part of the annual income of each rector after his presentation to a new benefice. This was estimated by the solicitor of the treasury, and religiously exacted.

The media anata ecclesiastica was the proceeds of the first six months which the dignitaries and canons of the chapters paid out of the income of their benefices. Restitution was the money which penitents delivered to their confessors, being the amount of what they believed they had defrauded the crown, by smuggling, or other unlawful practices. The name of the restitutionist was kept a profound secret; all that the confessor had to do was, to deliver the money he might receive to the collector at the treasury. This was giving to Cæsar the things that are Cæsar's.