Part 12 (1/2)

These iudges are straitly charged and commanded by the kinges authoritie, that they must go fasting into ye hal of audience or iudgement hall without drinking of any wine, and they must giue no sentence with wine; and that is such a custome amongst them, that whosoeuer dooth breake it is seuerely punished. By way of phisicke they do permit, before they doo go to giue any sentence, to comfort themselues with some conserues or such like. But wine in no manner of wise, although they bee sicke of any infirmitie, and the lacke thereof to be hurtfull unto them: for they esteeme it a lesse euill to leaue of the hearing of any matter, then to giue any sentence after that they haue eaten or dronke. These matters being executed in publike (which is maruelously obserued and kept), it is not possible yt any of the officers should take any bribes, but it must be discouered by one of them; and for that they are vsed with great rigour in their residence, euerie one is afraid of his companion, and are one to an other (in this case) great enemies. The sergeants and notaries and the other officers are maruelous precise in the executing of their office: if that any doo not his duetie in his office, they take him and put a little banner in his hand, and he remaineth with the same, kneeling on his knees till the court of audience be ended. Then do the iudge command the bedelles to giue him so many whippes as hee doth deserue for the neglecting of his office. This same is little esteemed amongest them, for that it is a common thing vsed amongest them. When that anie of these iudges will go abroade into the citie (as seeldome times they doo for the reseruing of their authoritie), they are accompanied with the officers and ministers of iustice, and that in so good order, that the first two doo carrie siluer mases, after the manner as they doo in Rome carrie the mases before the cardinalles. They doo carrie them vpon long roddes, which doth signifie that in the name of the king they are in those offices: then after them followeth other two, and they do carrie ech of them in his hand a long cane and very straight, which doth signifie the vpright iustice that ought to be done and is doone by that iudge that there goeth: then followeth them other two, and they doo trayle ech of them a cane vpon the ground with long red laces, and at the endes ta.s.sels, which doth signifie the instrumentes wherewith they do whippe the faultie or malefactors; then followeth them other two with tables, like vnto white targets, in the which is written the name of the iudge, with his t.i.tle and office. The rest, which be many in number, do accompanie him to do him wors.h.i.+p and honor. Those two that we spake of before, that do carrie the mases, do crie out and make a noyse vnto the people apart themselues, and to make roome that the iudge may pa.s.se: the which is straightwayes accomplished, for that by experience they know that he that doth neglect the same, is incontinent punished in the streete without remission: and the respect they haue vnto him is such that not one, of what state or degree soeuer he be, that dare mooue himself at such time as he doth pa.s.se by, neither crosse the streetes (except it be some superior iudge, vnto whom the inferiors doth the like reuerence).

If any man do offend therein, he is then straightwaies punished. In all matters of lawe, as ciuill as criminall, the iudges do nothing but by writing, and do p.r.o.nounce the sentences, and examine witnesses in publike, before all the rest of the officers, because no subtilty nor falshood shalbe vsed in their demaundes, neither in their writings, to set downe other then the truth. Euerie witnesse is examined by himselfe, and if he do double in his declaration, then do they ioyne together and make their demaunde from one to an other, til by their striuing they may come to a better knowledge of the truth. But when by these meanes they cannot bring it to light, then doo they giue them torments to make them confesse, beleeuing that without it such persons as haue experience and knowledge will tell the truth.

In matters of great importance, and such as doo touche graue personages, the iudge will not trust the scriuener or notarie to write any information; but they with their owne handes will write the declaration of any witnesse, and will consider verie much of that which is declared.

This great diligence is the occason that fewe times there is any that doth complaine of any ill iustice doone, the which is a great and notable vertue, and ought to be imitated of all good iustices, for to auoyd many inconueniences which doo happen for the not vsing the same the which these Gentiles haue great care to performe; who, beside the prosecution of right iustice, without respect or exception of any person, do vse certaine preuentions worthie to be suffered.

[Sidenote: An occasion of amitie betwixt neighbours.]

First these iudges, in al cities and townes of their iurisdiction, do number the households, and do repart them in ten and tenne housholds, and vpon the tenth house they do hang a table or signe whereon is writen the names of those ten housholders, with a commandement, in the which generally they are commanded, and euery one by himselfe particular, yt hauing any knowledge or notice that any of those ten housholders haue committed any trespa.s.se or fault against any of the rest, or against himselfe, that is hurtfull vnto his neighbours or to the commonaltie, to go straight way and giue the iustice to vnderstand thereof, that the fault may be punished, with a mendment vnto the offender, and an example to al other. And vnto him that doth know any such offence and wil not declare it, is allotted the same punishment yt the offender should haue, which is the occasion that one neighbour hath a care of an other, and liueth vnder feare, least they should giue occasion to be complained of. And againe, that their enimies may not this way take any aduantage.

When that any of these ten neighbours doth remooue into an other streete, or into any other citie or towne to dwell, or will make any long iorney, hee is bound to ring a bell, or play on a coper kettle amongest all the neighbours for the s.p.a.ce of ten dayes before he doth remooue or depart, and to aduise them all of his departure, and whether for that if he do owe any thing, or any thing be lent, that they may come and demaund it before their departure, because that none shall loose yt which is theirs. And if it so fall out that any shall depart without vsing this diligence, the iustice doth compell the rest of his neighbours yt are written on the signe to pay his debt, because they did not aduise the iustice or his creditors before his departure. Such as do owe money or debts and will not paye (proouing the debt they doo execute their goods), if they haue none, they put them in prison, and limit a time for him to pay the same. But if it pa.s.se, and the debt not paide nor his creditor contented: for the first time they doo whippe them moderately, and do appoint him the second time limited for to pay ye same: if he do then misse, they do whip him more cruelly, and doo appoint him an other time, and so doo prosecute the same till he die with punishments, which is ye occasion yt euery one doth pay that he oweth, or procure amongst his friends to pay, or else giue himselfe for a slaue vnto his creditor, to shun the trouble of the prison and the paine of whippings, which is a thing not to be suffered.

[Sidenote: Cruell tormentes.]

[Sidenote: A more cruell torment.]

These iudges do vse two maner of torments to make them to confesse the truth, when by fayre meanes they can not, or by pollicie, the which first is procured with great care and diligence: the one is on their feete, and the other on their hands, and is so terrible that it cannot be suffered, but of force they do confesse that which the iudge doth pretende to know; yet doo they execute none of them except first they haue good information, or at the least, semiplena, or else so many indicions that it is a sufficient information for the same. The tormentes on the hands is giuen with two stickes as bigge as two fingers, and a span long, turned round and full of hooles in all places, wherein are put cordes to pull in and out: their fingers of both their hands are put into the cordes, and little and little they do pinch them, till in the end they do breake them at the jointes, with an incredible paine vnto them that doo suffer it, and yt causeth them to giue great shrikes and groanes that will mooue any man to compa.s.sion. And if it so come to pa.s.se that by this cruell torment they will not confesse, and that the iudge do vnderstand by witnesse and by indicions that hee is faultie and culpable, then dooth he commaund to giue him the torment of the feete, which is a great deale more cruell than that of the handes, and is in this sort: they take two peeces of woode, foure square of foure spannes long and one spanne broade, and are ioyned together with a gume, and hooles boored thorough, and put thorough them cordes, and in the middest of these bordes they doo put the whole foote, and straine the cordes, and with a mallet they do stryke vpon the cordes, wherewith they do breake all the bones, and cause them to suffer more paine and griefe than with the torment of the handes. At the executing of these torments the supreme iudges are alwaies present, the which seeldome times doth happen: for that such as be culpable will sooner confesse than suffer those torments, desiring rather to die some other death that is not so cruell, than to suffer the paines of this torment.

The prisons that they haue are no lesse cruell and rigorous, as you shall vnderstand in a chapter by it selfe hereafter.

CHAP. XI.

_Of the visitors that the king doth send euery yeare to visite the inferior iudges of his prouinces, and of the punis.h.i.+ng of such as they do find culpable._

[Sidenote: A great care to do true iustice.]

It is to be woondred at the great and vigilant care that this heathen prince hath, in that his ministers and iudges, as wel viceroyes, gouernors, presidents, as anie other officers, should execute their offices well and vprightly, as they ought to doo: for in the end of three yeares that their gouernment doth indure, they do take of them in residence straight account by the iudges thereof, who bee called Chaenes. Likewise they doo dispatch euerie yeere in great secrecie into euerie prouince, other iudges and visitors, that be called Leachis,[115]

the which are persons of great confidence, and prooued by experience of long time to be of good life, good customes, and haue done good seruice in the administring of iustice vprightly. These as they trauaile do inquire in euerie citie and towne that they come in (not being knowen, and in verie secret manner), all griefes and iniustice that is done in that prouince, which is the occasion that euerie one dooth liue (as the prouerbe sayth) with their face discouered. These do carrie from the king so great authoritie in their commissions giuen them, that without returning to the court, if they finde any delict culpable, they may apprehend the iudges and punish them, suspend, and reprieue, and do any thing touching their commission at their owne pleasure, so that it be not to take away the life of any man. This (as it is said) none can do without the consent of the king.

[Sidenote: Ceremonies in performing of their oth.]

And because they should execute their office the better in this visitation, and with iustice and equitie, they do make them to sweare to be loyall, true, and secret. The which oth is executed in this order: they doo giue him to drinke three times of a certaine beuerage which they doo vse, and that is the confirming of their oth. And for that their departure should be with more secrecie, the counsell doth command their secretaries to make their prouisions, leauing in blank a s.p.a.ce for his name that shal haue the prouision, and for the name of the prouince whether he shall goe, declaring nothing but that which is their ordinarie, that wheresoeuer the Loytia or iudge (being so dispatched) shall come, that they shall obey him as the king himselfe. But when soeuer it is in secret determined who shall goe, then doth the president of the counsel command the prouision to be sealed, then he himselfe doth write his name in, and the prouince whether he doth goe. And tharewithall hee dooth depart from the court in great secrecie, and vnknowen of any who it is, nor whether he doth go, nor wherefore.

Then when he doth come to the prouince, citie, or town, whether he is sent, he dooth with like secrecie make his inquirie how the viceroy or gouernour doth vse himselfe in his gouernment, and how all other officers do execute their offices, without knowing from whence he came, nor whether he will, neither what he doth pretend. So after that hee hath pa.s.sed throughout all the prouince, and is fullie certified of all his desire, then doth hee goe vnto the chiefe or metropolitane citie, whereas are resident all those iudges against whom hee hath made his visitation, and there he dooth remaine and abide till such time as the Tutam or viceroy doth make a generall counsell, which is once a month at the least: and at such time as they are in their counsell hall (and peraduenture without thought of any such iudge that should come), then this uisitor doth goe vnto the doore, and sayth vnto the porter, goe and tell them of the councell, that there is a uisitor that must and will come in, to notifie vnto them a commandement from the king: then the viceroy (vnderstanding by these words what he might be) doth commaund the doores to be open, and doth himselfe and the rest that are with him, rise vp from their seates, and doth goe and receiue him as their superior iudge; who doth enter with his prouision open in his handes (which dooth not cause a small feare amongest them all, but in especiall vnto such as their owne conscience doth accuse them): he doth read his prouision in the presence of them all, and at the instant of the conclusion, the viceroy doth arise from his place and dooth vnto him great reuerence and complementes, and so doo all the rest, acknowledgeing their duties.

Then dooth this uisitor place himselfe in the princ.i.p.allest seate of counsell, and maketh his oration as the common vse is amongst them, wherein he doth giue them to vnderstande the cause of his comming, and with what care and diligence he did vse in his visitation to search out the trueth of matters: after which, with well pondred wordes, he doth laude and prayse all such as haue well executed their offices, and according thereunto he doth straight waies place them in their counsels in the higher seates, and promising them to giue the king and his counsell large account of their good seruice, that they might be rewarded according as they do deserue. Likewise he doth sharply reprehende all such as haue neglected their bounden dueties. Then doth he read there before them all the sentence p.r.o.nounced against them, declaring in summe all such thinges wherein he hath found them culpable, which hath caused him to p.r.o.nounce that sentence against them, the which, although it be never so rigorous, it is foorthwith executed without any replication or appellation: for from these visitors there is no appellation.

All such as shalbe punished or reprehended, they do first take away from them the ensignes of iustice, which be, as I haue told you, the girdle, bonnet, or narrowe brimd hat: with the which they can neither punish nor hurt him: and if that any wil absolutely do it, he shall for the same be deprived of his office, and loose his head. So being cleare of these things, then do they execute the rigour of the sentence p.r.o.nounced against the malefactor. But if there be any doubt in the sentence giuen, doth he straight waies (vppon the same doubt) ordaine nine iudges to sit vpon it, admonis.h.i.+ng them (with the present before their eyes) to vse well their offices, wherewith hee doth charge them in the name of the king. Manie times these visitors do carrie power for to reward all such as doo well execute their offices, in giuing them roomes and offices of greater honor: so that the present and knowen reward which is done vnto the good, and the rigorous punishment for the malefactors, is the occasion that this mighty kingdome is one of the best ruled and gouerned of any that is at this time knowen in all the world: waying the gouernement of the one (as in many places of this historie it is expressed) and ioyne it vnto the long and great experience which we haue had in the other, and then you will say as I say. Many times these visitors do visite the colleges and schooles, such as the king hath ordained of his owne cost in euerie prouince (as in the processe of this booke you shall vnderstand), and do examine the schoollers of the same, animating them to promotion all such as doo profite themselues in their studies, and doo whip and put in prison, yea and thrust them out of the schooles all such as are to the contrarie. Of all the which and of their commencing and rewardes, which is given vnto such as they do find sufficient, shall be at large declared vnto you in a particular chapter for the same.

CHAP. XII.

_Of their prisons they doo vse, and the order they haue in the executing of iustice vpon the culpable._