PERU. 
751 
event of a direCl collifion between their opinion and the 
will of the viceroy, what he determined innli be carried 
into execution, and nothing remained for them but to lay 
the matter before the king and the council of the Indies. 
But to be entitled to remonftrate, and inform againft a 
perfon before whom all others muft be (ilent and tamely 
i'ubmit to his decrees, was a privilege which added dig¬ 
nity to the courts of audience. This was farther aug¬ 
mented by another circumftance. Upon the death of a 
viceroy without any provifion of a lucceflor by the king, 
the fupreme power was veiled in the court of audience 
refident in the capital of the viceroyalty; and the fenior 
judge, affifted by his brethren, exercifed all the fundions 
of the viceroy while the office continued vacant. In 
matters which come under the cognifance of the au¬ 
diences, in the courfe of their ordinary jurifdidion, as 
courts of juftice, their fentences are final in every litiga¬ 
tion concerning property of lefs value than fix thoufand 
pefos ; but, when the fubje< 5 l in difpute exceeds that fum, 
their decilions are fubjed to review, and may be carried, 
by appeal, before the royal council of the Indies. In the 
year 1776, an officer called the regent was attached to the 
royal audience. It was then compofed of this officer, 
eight oidors or judges, four alcaldes of the court, and two 
filcals; the governor, as before, being prefident. It was 
alfo divided into three chambers. There was alfo a 
fuperior junta of the royal treafury, compofed of the 
viceroy, the regent of the court of audience, the dean of 
the tribunal of accounts, and other officers. The tribu¬ 
nal of accounts was for determining caufes of the reve¬ 
nue. For the government of the remoter provinces, 
which we ffiall prefently deferibe, the governor had un¬ 
der him feven intendants and fifty-two Tub-delegates. 
As we have mentioned the Council of the Indies, as a 
court of appeal, we mull devote a few words to that im¬ 
portant tribunal, though it was not held at Lima, nor 
even in America., In this council, one of the molt con- 
fiderable in theSpaniffi monarchy for dignity and power, 
was veiled the fupreme government of all the Spanilh do¬ 
minions in America. It was firlt eltablillied by Ferdinand 
V. in the year 1511, and brought into a more perfed 
form by Charles V. in the year 1524. Its jurifdidion 
extends to every department, ecclefialtical, civil, military, 
and commercial. All laws and ordinances relative to the 
government and police of the colonies originate there, 
and mult be approved of by two-thirds of the members, 
before they are iffued in the name of the king. All the 
offices, of which the nomination is referved to the crown 
are conferred in this council. To it each perfon em¬ 
ployed in America, from the viceroy downwards, is ac¬ 
countable. It reviews their condud, rewards their fer- 
vices, and inflids the punifhments due to their malver- 
fations. Before it is laid whatever intelligence, either 
public or fecret, is received from America; and every 
febeme of improving the adminiftration, the police, or 
the commerce, of the colonies, is fubmitted to its confi- 
deration. From the firlt inftitution of the Council of the 
Indies, it has been the conflant objed of the catholic 
monarchs to maintain its authority, and to make fuch 
additions from time to time, both to its power and its 
fplendour, as might render it formidable to all their fub- 
jedlsin the new world. 
As the king is fuppofed to be always prefent in his 
Council of the Indies, its meetings are held in the place 
where he reiides. Another tribunal has been inftituted, 
in order to regulate fuch commercial affairs as required 
the immediate and perfonal infpedtion of thole appointed 
to fuperintend them. This is called CaJ'a de la Contrata- 
tion, or the houfe of trade, and was eftabliffied in Seville, 
the port to which commerce with the new world was con¬ 
fined, as early as the year 1501. It may be confidered 
both as a board of trade and as a court of judicature. 
In the former capacity, it takes cognizance of whatever 
relates to the intercoitrfe of Spain with America ; it re¬ 
gulates what commodities Ihould be exported thither, 
and has the infpedion of fuch as are received in return. 
Vol. XIX. No. 1341. 
It decides concerning the departure of the fleets for the 
Well Indies, the freight and burden of the fhips, their 
equipment and dellination. In the latter capacity, it 
judges with refped to every queltion, civil, commercial, 
or criminal, arifing in conl'equence of the tranfadions of 
Spain with America; and in both thefe departments, 
its decilions are exempted from the review of any court 
but that of the Council of the Indies. 
Such is the great outline of that fyllern of government 
which Spain had eltablillied in her American colonies. 
To enumerate the various fubordinate boards and officers 
employed in the adminiftration of juftice, in collecting 
the public revenue, and in regulating the interior police 
of the country ; to deferibe their different functions; and 
to inquire into the mode and effed of their operations ; 
would prove a detail no lefs intricate than minute and 
uninterelling. 
In the early periods of their fubjugation, the Peruvians 
were much dirtreffed by the parcelling out of the country 
into encomiejidas, a fort of feudal benefices which were 
dillributed on certain conditions to the Spaniards. The 
encomendero, or holder of the benefice, befides owing 
military fervice to the Hate, w ( as bound to relide on his 
encomienda, to proted and defend the Indians living 
upon it, and to fee them properly inftruded in the prin¬ 
ciples of religion. The Indians w'ere bound in return 
to pay him a ftipulated tribute ; but fo far were they from 
being reduced to llavery, that he could not lawfully 
exad from them any perfonal fervice ’whatever. The 
fyftem of encomiendas was introduced by the emperor 
Charles V. and, though varioufly modified and changed 
by his fuccelfors, it was not finally abolifhed till the reign 
of Philip V. All accounts agree, that, however well 
intended, it was in its efteds oppreffive and injurious to 
the Indians. The encomendero was continually exading 
from them more than he was entitled to demand, and 
doing for them lefs than he was bound to perform. 
The fyftem of encomiendas was followed by the Hill 
more fatal plan of repartimienlns; according to which 
the government, in conlideration of the limited faculties 
and improvident character of the Indians, directed tlie 
corregidor or judge of the diltrid in which they lived, 
to fupply them with cattle, feed-corn, inftruments of 
agriculture, and even clothes' and other neceffaries of 
which they were in want, according to his diferetion 
and opinion of their neceffities ; but at a price regulated 
by law, and without any profit to hirnfelf. The abufes 
to which this fyftem mull have led, may eafily be 
conceived. They became at length fo enormous, -as to 
call again for the interference of the government, which, 
after mature deliberation, determined on abolifhing the 
repartimientos. This was accordingly done in 1779,and 
the Indians were left to manage their own concerns as 
they pleafed. A perfonal tax or tribute alone was ex¬ 
acted, which was extremely moderate, and was regarded 
rather as a diftindive mark and token of vaffalage than 
as a lerious burden. Indians of noble birth enjoyed an 
exemption from tribute, and were equally qualified 
with Spaniards to fill all kinds of offices under the 
crown. Where the Indians were the foie inhabitants, 
they were governed by their own magillrates or ca- 
ziques; and none of the other calls were permitted to en¬ 
croach upon their lands, or to fettle among them, with¬ 
out their confent. 
The Indians were fubjed to another burden, the mita, 
or compulfory labour in the mines. But this was 
declared abolilhed by the Cortes in the year 1812. It 
was not confidered lo hard an impoll as might be 
expeCled ; for the wages allowed were often high. See 
the article London, vol. xiii. p. 305. 
The language of Peru is dill retained by this the 
greater portion of the inhabitants, whodifeover foftrong 
an averfion to that of their conquerors, that the clergy 
and the other Spaniards fettled among them learn and 
commonly ufe their dialed, with the addition of fuch 
Caltillian words as fignity things not known in Peru at 
9 F the 
