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.