Chapter VII: Part 7

For to be one of the counsell, it is the highest and supremest dignitie that a man can come vnto; for that (as aforesaid) in all this kingdome there is neither prince, duke, marquesse, earle, nor lord, that hath any subiectes, but the king only, and the prince his sonne. These counsellers, and the gouernors of these prouinces by them appointed, bee such personages, that they are respected and esteemed for the time of their continuance in the same estimation, as is the other, where as they haue these titles.

[Sidenote: Councillors must be expert in sciences.]

For to be one of this counsell, it is not sufficient that they be expert and learned in the lawes of the countrie, and in morall and naturall philosophie, and commenced in the same, but they must be also expert in astrologie and iudgements. For they say, he that must be of this supreme counsell, by whome is gouerned all these fifteene prouinces: it is requisite that they know all this that is saide, for to prognosticate what shall succeede and happen, the better to prouide for all necessities that shall come. These twelue doo sit in counsell ordinarily in the kinges pallace, for the which there is a hall appointed, maruellous richly trimmed: and in the same thirteene chayres, sixe of them of golde, and sixe of siluer: both the one and the other of great price, wrought with great curiositie: yet the thirteenth is more richer, for that it is of golde and set full of precious stones of great value, and that is placed in the middest of them vnder a canopie or cloth of estate, of cloth of gold: in the which is imbrodered the kinges armes, and is as it is saide, certaine serpentes, wrought with golde wyer: in this chayre the president doth sitte when the king is not in presence: but if hee be there (as seeldome he is) then doth the president sit in the first and highest of the chaires on the right hand, which be of gold: in the which, and in the other of siluer, they bee placed according vnto their antiquitie: in this sort, that if the president do die, then do the most auncient proceede and inherite his roome, and in his chaire doth the fift person rise on the side of the golden chaires: and so from the fourth vnto the fift: and in this order all the rest arise in the chaires of siluer, passing into the other chaires of golde. This may the president doo, preferring euerie one in order (if any doo die) without the consent of the king. And if any of these chaires be voyd, then doth the counsell choose an other by voices: the which is done by vprightnes, and he which hath the most is preferred; but the chiefest in this preferment is merit and sufficiencie. If he that is chosen be absent in any gouernment, then doo they send for him; but if hee be present in the citie, then doo they carrie him before the king, giuing him to vnderstand of their election, in whose power it is to accept or to make it voyde, which neuer doth happen. Then the king himselfe on his owne handes, according vnto their custome, doth make him sweare a solemne oth that he shall doo vpright iustice according vnto the lawes of the countrie, and that he shall likewise doo vprightly in the choosing of viceroyes and gouernours or any other iustices, and not be led with affections nor passions, neyther receiue anie bribes himself nor any other for him: with many other things in this order and effect: and aboue all thinges hee shall not bee partaker, neyther consent to anye treason at anie time against the king: but rather if that hee doo vnderstande of anie such, directly or indirectly, he shall straight wayes giue the kinge to vnderstande thereof, or his counsell, of all that he dooth knowe or vnderstande, alwaye favouring with his industrie and force the preseruation of peace and life of the king.

This oth of homage being doone, they doo carrie him vnto the chaire which is on the left hande in the hall, and doo giue him the possession with great solemnitie; for the which, certaine dayes after there is great feastes in the citie, as well by them of the counsell as by the citizens and courtiers: during the which time, the marchants do leaue their contractions and trafickes, and handicraft men their occupations.

If any occasion bee requisite to talke with the king, there is none that speaketh with him but the president, and if it so fall out that hee be sicke, then the most auncient and vppermost in the golden chayres dooth talke with him at all times when neede requireth; but when hee talketh with him hee is on his knees, and his eyes inclyned to the grounde, and neuer mooueth although the talke endureth two houres. He is paide with the same money that all viceroyes, gouernours, iustices, and captaines of the kingdome are: when they will talke with the president, it is in the self same order.

In this royall counsell euerie moneth they doo knowe all thinges that doo happen in all the kingdome woorthie to bee aduised of, and this is without falt; for that those which doo gouerne the prouinces haue expresse commandement to sende notice vnto the court of all thinges that doo happen in anye of their prouinces touching warres, the estate of the countrie, the kinges rents, or any other thing: the which is accomplished with so great care, that although it bee a prouince distant fiue hundred leagues from the court, yet the post doth not misse his day appointed. And those which do first come, do tarrie till the last or furthest off doo come, and then vpon the day appointed they do all together giue their relations. Those which are farre off for to be at the court so soone and at the instant as those which are nigh at hand, doo send postes daily, that the one may ouertake the other. They do run post after the vse of Italy and Spain with a horne, but they were woont to haue a coller of belles, the better to be heard: so yt the postmasters when they do heare the horne or bels, do straight waies bridle their horse to be in a readines. Likewise, if their iourney be to passe by water (as many times it hapneth), then ye boat-men do make their barks readie.

Then when the counsell hath taken relation of all the posts in effect, the president incontinent doth giue a straight account thereof vnto the king: then hee, or the counsell by his order (if anie such neede requireth), do put remedie for that that is needfull for the time. And if it be requisite to send any iustice about the same, he is straight wayes appointed, and dispatched and sent in all haste and with great secrecie: and this iustice doth make inquiries in such sort that it is not knowen, no not in the citie where the fault is committed.

And for that, touching this matter, it shall bee spoken of more at large in chapters following, I will conclude with this: that this king will haue such dominion ouer his kingdome and subiectes, that although it be great with so manie prouinces, cities, and townes, yet not one uiceroy, gouernor, nor iustice can put any man vnto death, without his sentence be first confirmed by the kinge and his royall counsell, except it be in the warres actually, for that there in the delaying thereof may growe some perill; therefore they doo permit the captaine generall or his lieftenant, to behead or hang what so euer souldier that shall offende or doo anie ill thing; this may they do without consentment of the king or his counsell, onely with the consentment of the kinges treasorer, or of the generall of the fielde: the which bee both of them graue personages, and they must be both conformable in their iudgementes or else they cannot execute death.

CHAP. IX.

_Of such presidents and ministers as the king doth put in euerie
prouince, and the order that they haue in their gouernment._

[Sidenote: Euery prouince hath his viceroy.]

You do vnderstande howe the two prouinces, Paguia and Tolanchia are gouerned by the supreme counsell of the king, and such ministers as they doo send to gouerne. The other thirteene prouinces that do remaine, haue eyther of them a vizroy or gouernor, whom the common people do call Insuanto;[97] who is continually resident, and doth dwell in the metropolitane citie, whereof the prouince doth commonly beare the name. And although all the kinges officers and iustices of what sort of administration they are, be generally called by the name of Loytia;[98] yet euerie one hath a speciall and a particular name besides, according vnto his office that he doth execute: of the which and of their proper names I will giue you to vnderstand, for that it doth differ from our purpose. The vizroy, that is in euery prouince principall and supreme magistrate in place of the king, they do call him Comon.[99] The second in dignitie is the gouernour of all the prouince, and he is called Insuanto, who hath verie little less maiestie than the viceroy: then the corregidor or gouernor that is resident in any citie, where as is neither viceroy nor gouernor, is called Tutuan,[100] all of this degree. Of any thing that is of importance, of what citie soeuer they be, they do giue relation thereof vnto the higher gouernor, called Insuanto, and likewise this Insuanto vnto the viceroy or comon, whose charge is to giue the king to vnderstand thereof or his royall counsell, by the postes that we haue spoken of before. The third in dignitie is called Ponchasi;[101] this is the president or counsell, of the kinges reuenewes, who hath vnder him a counsell and many ministers and officers, as sargents and others, which do recouer the rents in euery province. This state dooth giue account of all his office vnto the tutuan, after that he hath paide all kind of wages and charges ordinarie and extraordinarie due to any officer of the kinges in all that prouince.

[Sidenote: Captaine generall.]

The fourth degree or dignitie is called Totoc,[102] and this is captaine generall of all souldiers, as well footmen as horsemen. The fift is called Anchasi;[103] he is president and gouernour ouer iustices both criminall and ciuill: and doth determine with his counsell of matters in difference, whatsoeuer that do appeale vnto him from other meaner iustices. The sixt is called Aytao:[104] this is generall puruier and president of the counsell of warre, whose office is to prouide souldiers when that it is requisite or necessitie demaundeth, and to prouide ships, munitions, and victuals for any fleete that shall passe by sea, as that shall be requisite by land, and for the suppliment of garisons in cities and coastes. To this is giuen the charge to examine such strangers that do come to any prouince, to knowe of whence they are, and wherefore they do come, and of all other thinges, and after beeing knowen, to giue the viceroy to vnderstand thereof, and of all thinges needful.

These sixe offices or charge are of great authoritie, and they that haue the execution thereof are had in great reuerence: euerie one of them hath in societie or counsell tenne, which are men chosen of great experience and diligence, and they do help him in the exhibition and dispatch of matters touching that office. When they are in place of counsell, which is in the pallace of the viceroy (whereas euerie office hath his place appointed, garnished in very good order), their sociates are diuided in two partes, fiue of them do sit on the right hand of the president, and fiue on the left hand; those which do sit on the right hande are the most auncientes and haue the more preheminence, and doo differ from the other that be on the left hande in this only, for that they do weare wastes or girdels imbossed with gold, and yealow hattes: and they on the left hand haue their girdels imbossed with siluer, and weare blewe hats; the which girdels, with gold and siluer, and hats yealow and blewe, there is none that is permitted to weare but onelye the counsellers. Likewise these and the presidents do weare the kinges armes on their breastes and backes imbrodered with golde, without the which they can not goe foorth to anie place where they must be seen, neyther sitte in iustice to determine anie thing whatsoeuer. If they doo, they are not onely disobedient, but are seuerely punished at the time of their visitation.

[Sidenote: A very good propertie of iustices.]

If the president of any of these counsels doo die, then one of the auncientest of the counsellers dooth succeede him in the office, obseruing in all thinges the order, as I haue saide in the chapter past, of the royall counsell. All these iustices generally haue a maruellous morall vertue, and that is, they be all very patient in hearing any complaynt, although it be declared with choller and proude speech. It is the first thing that is taught them in their schooles: they are verye well nourtered, and courteous in their speeches, although it bee with them that they haue condemned by lawe. If that vppon any necessitie they must goe into any part of the prouince to make any information of importance, then is appointed one of the counsell, and hee goeth alone, but he hath with him the authoritie of them all.

Besides these sixe counsellers or iudges aforesaide, there bee others of lesse dignitie (although greatly respected, as all ministers of iustice bee in this kingdome), and they are called as followeth: Cautoc, this is the chiefe auncient-bearer;[105] Pochim,[106] the seconde treasourer; Pochinsi, he that keepeth the seale royall; Antzatzi,[107] he is as the maior or bailife of any citie or towne. There be also other three officers, which are called Guytay,[108] Tzia,[109] Toutay,[110] these doo keepe court and haue audience in their houses once a weeke; and when they do open their doores, there is shott off foure peeces of artilerie, to giue all men to vnderstande that they are in place, readie to heare, and to doo iustice. If they do finde any that is culpable or faultie, they doo straight wayes sende them with a sargent vnto the ordinarie iustice of the citie, which is called zompau, with a bill or note, in the which is signified the punishment that he must haue.

[Sidenote: A very good order.]

Euerie ordinarie iustice hath committed to his charge a thousand souldiers. He can not exceed his limit nor iurisdiction, neyther can anie other haue to doo in his charge. Euerie night they doo range their circuit, and doo cause that euery one may be quiet in his house, and to put out their candelles and lightes in time to auoyde fires, which hath happened amongest them verie great, by reason that their houses are so neere one to an other, and all the vpper partes of their houses wrought with tymber, according vnto the vse of Byskaye: and all suche as they doo finde with light after the houre limited, they are punished verie asperly. From these there is no appellation but vnto suche iustices as are sent from the court, and besides them vnto none but vnto the visiters that doo come ordinarily, who doo vndoo and make satisfaction of all griefes or wronges doone by the other, and these are called in their language Gomdim, which is as much to say, a righter of all griefe: this man is respected more than all the rest.

Besides all these there be other particular officers, which be called Tompo:[111] these haue the charge to see the prouision of victualles, and to put a price on them; an other is called Tibuco,[112] he that dooth arest and punish vagabundes and idle persons. Quinche[113] is the cheefe sargent, Chomcan[114] is the keeper of the prison: this is one that they haue in great reuerence, for that he hath a priuilege aboue all the rest: that after hee hath done his dutie vpon his knees at his first entrie, hee may tell his tale on foote, and so can not the rest doo, but kneeling.

When that these gouernours or iustices doo newly come into these prouinces or cities, ordeyned and sent by the supreme counsell, they doo sende two or three dayes before they come themselues their letters patentes and prouisions: the which being seene and obeyed, there goeth foorth to receiue him all the loytias and men of warre with their souldiers and ensignes military, and other officers, making great feastes and pastimes.

Likewise the citizens at this time doo hange their streetes with clothes of silke and other thinges very richly, and trimmed with flowers, bearing him companie vnto his lodging with much musicke and sound of instrumentes.

Aboue all these dignities and offices there is one which is called Quinchay, which is to be vnderstood in their language "the golden seale"; this goeth not from the court, but vpon waightie matters and of great importance touching the quietnesse of all the kingdome. The order they haue in the choyse of these iustices and officers, and of other matters touching good gouernment, shall be declared vnto you in the chapter following.

CHAP. X.

_Here is prosecuted the manner how they do choose their gouernors
and iustices, and howe they doo execute the same._

[Sidenote: A very good consideration.]

All such officers as I haue declared vnto you in the chapter past, the king dooth ordaine them by consent of his counsell, who doo informe themselues with a particular diligence of the qualitie and behauiour of the person that shall be elected. The principall matter that they doo aduertise themselues is, that the viceroy, gouernour, or counsellor be not a naturall of that countrey that he is prouided for; and that for to preuent the inconuenience that might happen in the executing of good iustice, which many times chaunceth, eyther for the loue of his friendes and kinsfolkes, or else for the hate hee hath to his enimies. All such as are prouided in these offices, after that they do depart from the court whereas the charge is giuen them, til they come to the prouince, citie, or towne, whereas they shall remaine in iustice, they doo spende nothing on their owne horses; for that in all places whereas they doo trauaile or come, the king hath houses appointed, whereas they are receiued and lodged, and serued of all thinges necessarie, as well for horses for themselues as horses for them that come with him; likewise of barkes and boates, if that his iourney be by water, all is of free cost: it is all appointed what they shall haue to eate, which is conformable vnto the qualitie of his person, and the office he hath in charge. And when they do come vnto such houses as are appointed by the king to receiue and cherish them, they of the house do aske him if he will haue his pittance or ordinarie in money or in victualles; who, if he haue any kinsfolkes or friendes in that place that will inuite him, then dooth hee demand it in money, and keepe it to himselfe. These houses are maruelously well prouided of beds, and all other things necessarie; for that the Ponchas, who is president of the kinges reuenewes, hath a particular care to see all these things well furnished, by a commandement from the king and the supreme counsell. When they doo come vnto the citie or towne whereas they take the charge of gouernment, after they haue giuen the intertainment vnto them with feasts and pastime, as is declared in the chapter past, then do they bring him and lodge him in the kings house, and do prouide him of seruants and all thinges necessarie that belongeth vnto him, and ministers needefull for the execution of iustice, who likewise haue their abiding in the same house, as sergeants and notaries, and other ministers of lesse authoritie. The king doth pay them all sufficient wages, for that it is forbidden vpon great penalties to take bribes or any other thing of any clyent. Likewise ye iudges be straightly charged and commanded, and that is one of the chiefest articles that is giuen them from the counsel, not to consent to be visited of any clyents in their houses, neither can they pronounce any sentence but in the place of publike audience, and in the presence of all the officers, and it must be done in such sort that all men that are in the place of audience may heare it, and is doone in this sort following. The iudge doth set himselfe in the seate of iustice, then do the porters put themselues at the entring or doores of the hall, who do name with a lowde and high voice the person that doth enter in to demand iustice, and the effect of that he doth aske. Then the plaintife doth kneele downe somewhat a far off from the iudge, and doth with a loud voice declare his griefe or demand, or else in writing. If it be in writing, then one of the scriueners or notaries doth take the petition and doth read it, the which being vnderstood by ye iudge, he doth straightwaies prouide vpon the same that which is agreeable vnto iustice, and doth firme the petition with his own firme with red inke, and commandeth what is needful to be done. 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 tassels, 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 title and office. The rest, which be many in number, do accompanie him to do him worship 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 passe: 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 passe 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 pronounce 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 trespasse 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 space 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 passe, 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 compassion. And if it so come to passe 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 punishing 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 space 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 passed 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 principallest 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 pronounced against them, declaring in summe all such thinges wherein he hath found them culpable, which hath caused him to pronounce 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 pronounced 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, admonishing 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._

[Sidenote: Thirteene prisons in euery great cittie.]

[Sidenote: Victualing houses in the prisons and shops.]

Euen as the iudges and ministers are seuere and cruell in punishing, euen so are they in putting them in prisons, the which are as terrible and as cruell, with the which they doo keepe in peace and iustice this mightie kingdome: and as there is much people, so haue they manie prisons and verie great. There are in euery principal citie throughout al these prouinces thirteene prisons, inclosed and compassed about with high wals, and of so great largenesse within, that besides the lodgings of the keeper and his officers, and for a garison of souldiours that are there continually, there are fish ponds, gardeines, and courts, whereas the prisoners do walke and recreate themselues all the day, such as are in for small matters. Likewise there are victualling houses and shops, whereas is solde all manner of such things as the prisoners doo make for to sustaine themselues: which if they did not vse, their whole substance were not sufficient for their maintenance, the time is so long that they be there, although it be for a small matter: the occasion is for that the iudges take deliberation in their sentences: and againe, their cities are great and ful of other matters. Likewise they are slowe in the execution of any sentence. So that many times it doth fall out, that men being condemned to die, doo remaine so long in prison after their condemnation, that they die with pure age, or some other sicknesse or infirmitie, or by the crueltie of the straight and asper prison. Of these thirteene prisons aforesaide, alwayes foure of them are occupied with prisoners condemned vnto death, and in euerie one of them there is a captaine ouer one hundred souldiers which are reparted, and dooth keepe watch and warde day and night: euery one of these condemned prisoners hath a bord tied about his necke that hangeth downe vnto his knees, a third of a yarde brode; it is made white with a certain whiting, and written vpon it the occasion wherefore he was condemned to die. The keeper of the prison hath a booke, wherein is written all the names of them that are condemned, and the occasion wherfore: for to be accountable of them at all times when they shalbe demaunded of him by the iudges or vizroies. They are shakled and manakled, and put in wards that do answere into the court, whereas the officers of the prison do make them to lie with their face downewarde vpon a floore made of bords for the same purpose, and do drawe ouer them iron chaines, drawne through great iron rings that are placed betwixt prisoner and prisoner, wherewith they are so strait crushed that they cannot mooue nor turne them from one side to another: also they doo lay on them a certaine couering of timber, wherein remaineth no more space of hollownesse then their bodies doth make: thus are they vsed that are condemned to death. This prison is so painefull and grievous, that many doo dispaire and kill themselues because they cannot suffer it. In the day time they do take them forth and take off their manacles, that they may worke for to sustaine themselues; all such as haue nothing to maintaine themselues, nor any other that will help them, them the king doth giue a pittance of rice to sustaine them. Likewise they do worke what they may to better the same.

There is neuer no execution done vpon such as are condemned to die, but at the comming of the visiters or iudges of residence, whom they do call Chenes and Leuchis,[116] the which doe make their visitation in secret (as you doo vnderstande in the chapter where I spake of them). These doo visite the prisoners and demaund a note of the names of all them that are condemned, and the cause wherefore: and although that some of their sentences are confirmed by the king and his counsell, yet they will see them againe in the presence of these iudges that did condemne them, or such as did gouerne in their absence, for to be informed of them the faults of euerie one: whereby he may see and vnderstand whether his sentence of condemnation bee done with iustice or not. This diligence being done, they doo choose out among them fiftie condemned men, such whose faults are most odious, and commande the iayler to put all things in order for to doo execution on them: the which being done, they do examine them a new, and looke vpon the causes and faults, to see if by any meanes they can saue them. And if they do finde in any of them any iot of discharge, they do apart them from the rest, and straightwayes command three pieces of ordinance to be shot off, which is to giue warning to bring forth them that shalbe executed. Then againe, when they doo bring them forth, they doo a new enter into counsell, to see if they can saue any of them: and when not, they command other three peeces of ordinance to be shot off, to cause them to be brought out into the fielde, and yet before they do breake vp their counsell, they doo turne and see once againe all their faults, to see if that by any meanes possible there might bee some remedie to saue them. If they do finde any, or any suspect of indicion, they do returne out of the fielde that person, and sende him againe to the prison. Some doo returne with an euill will, for that they had rather die at once, then for to suffer the straightnes and crueltie of the prison. In the meane time while they are perusing their causes, and concluding the same, they do cause these condemned prisoners to sit vpon heaps of ashes, and do giue them to eate. So when all yt these diligences are concluded, and they can find no remedy to saue any of them according vnto iustice, they doo commande three peeces of artilery more bee shot off, then do they execute iustice according vnto their sentence giuen them.

[Sidenote: Adulterie is death.]

The deathes that they do execute is hanging, setting vppon stakes, quartering, and burning: but there is none that is burned, but such as are traitors to the king. When the last three of artilerie is shot off, then the belles do ring, and a great rumor is in the cittie, for that this execution is done but seldome. The day of execution all their shops are shut in, and there is none that doth worke vntill sun be set, which is after that the executed men are buried, the which is done with the companie of much people. The next day after this is done, the visitors do make the second visitation, which is of the theeues (a thing verie much abhorred amongst them): and such as they doo finde culpable, hee is whipped throughout the common streetes with great shame, with a borde hanging about his necke (as aforesaide), whereon is written his fault: and therewith they are carried throughout the streetes three or foure dayes. They do beate them on the calues of their legges, with a broade and thicke cane of foure fingers broad, and as thicke as a mans finger, the which they do lay in water before, the more for to torment them: they are bound with their hands behind them, and their faces downewards to the earth: two hangmen do execute this whipping of them, the one at one legge and the other at the other, and it is done with so great crueltie, that after they haue giuen sixe blowes, they cannot stande vppon their feete, and many times it chanceth that with fiftie blowes they die. The most part of these theeues do die in the punishments, and many times there is whipped togither of theeues two hundred. So that with these and others that are punished in the prisons (is of a verie truth) that there do die euerie yeare in one of these principall cities of the prouince more than sixe thousande persons. At these punishments the iudges are alwaies in presence, and for that they should not be mooued to compassion, in the meanetime that execution is done, they do occupie themselues in banquettings or other pastimes. Adulteries are death, and such as do consent to be coockoldes (which is neuer founde but amongst them of the basest sort), are punished with exemplar punishments ordained for the same.

CHAP. XIII.

_Of the characters and letters that the Chinos do vse, and of the
colleges and scholes that are in this kingdome, and of other
curious things._

[Sidenote: Sixe thousand characters in writing.]

It is not from our purpose (now after that we haue told you of the gouernement of this mightie kingdome) to giue you to vnderstand how that there be great and famous philosophers, as well naturall as morall, and other things of great pollicie and curiosity: to tel you now of their characters, and the manner they haue in writing, and then of the colledges and schooles. Now vnto the first. You shall finde verie fewe in this kingdome but can both write and reade, yet haue they not the alphabet of letters as we haue, but all that they doe write is by figures, and they are long in learning of it, and with great difficultie, for that almost every word hath his character. They do signifie the heauen, which they do call Guant, by one character alone, which is this [Chinese character]:[117] the king, whom they doo call Bontay,[118] by this [Chinese character], and by consequent the earth, the sea, and the rest of the elements. They do vse more than sixe thousand characters different the one from the other, and they doo write them verie swiftly (as it hath beene seene many times at the Philippinas, by manie Chinos that are there, and come thither daily); it is a kinde of language that is better vnderstood in writing then in speaking (as the Hebrue toonge), by reason of the certaine distinction of points that is in euery character differing one from the other, which in speaking cannot be distinguished so easilie. Their order of writing is cleane contrarie vnto ours, for that they doo beginne their lines from aboue downewards, but in verie good order: likewise they begin their lines at the right hande and write towards the left, contrarie vnto vs. They keepe the verie same order in their printing, as you shall vnderstande, and as may be seene this day at Rome in the librarie of the sacred pallace. And likewise in that which King Philip hath caused to be erected in the monasterie of Saint Laurence the royall, and also in other places; in this order as I haue saide, and of their characters to the which I referre me, it is an admirable thing to consider how that in that kingdome they doo speake manie languages, the one differing from the other: yet generallie in writing they doo vnderstand one the other, and in speaking not. The occasion is, for yt one figure or character vnto them all doth signifie one thing, although in the pronouncing there is difference in the vowels. The character that doth signifie a citie is this [Chinese character],[119] and in their language some doo call it Leombi, and others Fu, yet both the one and the other doo vnderstande it to bee citie; the like is in all other names. And in this order doo communicate with them the Japones, Lechios, those of Samatra, and those of the kingdome of Quachinchina and other borderers vnto them: whereas in their speech or language, there is no more vnderstanding then is betwixt Greekes and Tuskanes.

The king hath in euerie citie colleges or schooles at his owne cost, in the which they doo learne to write, read, and count, as well as to studie naturall or morall philosophie, astrologie, lawes of the countrie, or any other curious science. They that doo teach in these schooles be such persons as excell in euerie facultie, such as may be found none better, but speciallie in writing and reading: for that there is none, although he be neuer so poore, but dooth learne to write and read, because amongst them he is accounted infamous that cannot doo both. Unto higher studies come a great number of students, and doo trauaile all they may possiblie to profite, for that it is the best course and surest way to obtaine the name of a Loytia, or gentleman, or other dignitie: as more plainelie shall bee showed you in the chapter following, where the order howe they doo giue them the title Loytia shall bee spoken off, and is amongst vs after the fashion of proceeding or commencing doctor.