Abstract
This article analyzes the creation and development of the Tribunal of the Holy Office of the Inquisition in the Viceroyalty of Peru from a legal-historical perspective. It examines the tribunal’s formal establishment by royal decree on January 9, 1570, its institutional framework, and its legal basis within the Laws of the Indies, particularly Book I, Title XIX. Drawing on historical and normative sources, the study highlights the Inquisition’s role as both a religious and political instrument of social control during the Spanish colonial era.
Keywords: Holy Office, Inquisition, Colonial Peru, Laws of the Indies, ecclesiastical criminal law, Spanish Empire.
- Introduction
The implementation of the Tribunal of the Holy Office in colonial Peru represents a foundational moment in the development of Spanish colonial legal structures. Beyond its religious aims, the Inquisition served as a formal jurisdictional body with procedural autonomy and was a critical tool for maintaining orthodoxy and royal authority in the Americas.
The Holy Office not only functioned to protect the Catholic faith but also became a central mechanism of ideological control during a period marked by the consolidation of absolutist monarchy and the Counter-Reformation. Its legal and institutional structure reveals the intertwining of ecclesiastical and royal powers under Spanish colonial rule.
- Legal Origins and Establishment of the Tribunal
The Tribunal of the Holy Office in Peru was formally established by royal decree dated January 9, 1570, issued by King Philip II. This decree, sent to the colonial capital of Lima, ordered the creation of an Inquisition tribunal following the model of the Spanish Supreme Inquisition. This event marks a significant date in the legal history of Peru, as it initiated over two centuries of inquisitorial jurisdiction in South America.
The tribunal began operations under the administration of Viceroy Francisco Álvarez de Toledo, with initial inquisitors appointed as Licenciado Serván de Cerezuela and Doctor Andrés de Bustamante. The latter, however, died en route, leaving Cerezuela to assume leadership of the newly formed court.
Though derived from the Spanish Council of the Inquisition, the Peruvian tribunal operated with a degree of autonomy suited to local colonial conditions. It quickly established itself as a central judicial institution for the prosecution of heresy and other offenses against Catholic doctrine.
- Normative Framework in the Laws of the Indies
The legal foundation of the Inquisition in the Americas was reinforced by its formal inclusion in the Recopilación de Leyes de los Reynos de las Indias (Compilation of Laws of the Kingdoms of the Indies), promulgated in 1680. In particular, Book I, Title XIX contains regulations concerning the establishment, duties, and authority of the tribunals of the Holy Office and their ministers.¹
These legal provisions affirmed the Inquisition’s role as an integrated institution of the Spanish colonial system. While ecclesiastical in nature, the tribunal derived its enforcement powers from royal authority. It was empowered to investigate and punish a broad array of offenses, including heresy, apostasy, crypto-Judaism, witchcraft, and later, political subversion.
The Laws of the Indies thus codified the dual role of the Holy Office as both a religious and legal institution, enabling its operation within the broader imperial governance framework.
- Institutional Structure and Jurisdiction
The Lima tribunal served as the central inquisitorial authority for much of South America. At its peak, it exercised jurisdiction over present-day Peru, Bolivia (then Alto Perú), Ecuador, Chile, and parts of Paraguay. Its organizational structure included inquisitors, notaries, fiscal prosecutors, jailers, and a vast network of lay collaborators known as familiares.
Inquisitorial procedure was accusatory and secretive, with trials often conducted without the accused knowing the identity of their accusers. Penalties ranged from fines and public penance to property confiscation, imprisonment, and, in the most severe cases, capital punishment — carried out by the secular authorities upon the tribunal’s recommendation (known as «relaxation to the secular arm»).
- Abolition and Legal Legacy
The tribunal was abolished in 1813 under the liberal reforms of the Cádiz Constitution, which sought to secularize Spanish governance. Although briefly reinstated in 1815 under King Ferdinand VII, the Inquisition’s influence in Peru continued to wane amid growing independence movements. It was permanently dismantled in 1820, marking the end of one of the most enduring institutions of Spanish colonial rule.
Despite its formal dissolution, the Holy Office left a lasting mark on Peruvian legal and institutional culture. Its practices influenced the development of criminal procedure and state control mechanisms in the early republic. Moreover, the ideological legacy of the Inquisition continued to inform debates over religious tolerance and state confessionalism well into the nineteenth century.
A comparative perspective reveals that, among the three major inquisitorial centers in Spanish America—Mexico, Lima, and Cartagena—the Tribunal of Mexico was the most active in terms of prosecutions and executions, followed by Lima, and lastly Cartagena. This disparity is partly explained by demographic differences and the distinct historical trajectories of each region. Nevertheless, in all cases, the Inquisition functioned as a powerful instrument of religious and social control, deeply rooted in ecclesiastical norms and reinforced by royal authority.² This comparative insight underscores the broader function of inquisitorial tribunals as mechanisms of governance beyond purely spiritual concerns.
Conclusion
The creation of the Holy Office in Peru, formally ordered on January 9, 1570, underscores the Spanish Crown’s commitment to enforcing religious orthodoxy in its American domains. Its integration into the Laws of the Indies further illustrates the depth of its legal institutionalization within the colonial administrative system.
As a legal and historical phenomenon, the Inquisition in Peru exemplifies how the Spanish Empire fused ecclesiastical authority with state power to maintain social order. Its regulatory, procedural, and ideological dimensions provide valuable insights into the legal culture of colonial Latin America.
Notes
- Congreso de la República del Perú, Leyes de Indias: De los Tribunales de el Santo Oficio de la Inquisición, y sus Ministros (Book I, Title XIX), https://www.leyes.congreso.gob.pe/Documentos/LeyIndia/0101019.pdf.
Bibliography
Congreso de la República del Perú. Leyes de Indias: De los Tribunales de el Santo Oficio de la Inquisición, y sus Ministros. Book I, Title XIX. Accessed January 9, 2026. https://www.leyes.congreso.gob.pe/Documentos/LeyIndia/0101019.pdf.
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Moreno Cebrián, Alfredo. La Inquisición en América. México: Instituto de Investigaciones Históricas, UNAM, 2000.
SOSLEGAL Abogados. “Análisis comparativo sobre la Inquisición en Lima, Cartagena y México: Procesos de fe, normas eclesiásticas y estadísticas de ejecuciones.” Accessed January 9, 2026. https://soslegal.com.pe/analisis-comparativo-sobre-la-inquisicion-en-lima-cartagena-y-mexico-procesos-de-fe-normas-eclesiasticas-y-estadisticas-de-ejecuciones/