The History of the Great and Mighty Kingdom of China and the Situation Thereof, Volume 1 (of 2)

CHAP. IX

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

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;96 who is continually resident, and doth dwell in the metropolitane citie, whereof Euery prouince hath his viceroy. 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;97 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.98 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,99 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;100 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.

The fourth degree or dignitie is called Totoc,101 and this is captaine generall of all souldiers, as well footmen as horsemen. The fift is called Anchasi;102 Captaine generall. 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:103 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.

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 A very good propertie of iustices. 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;104 Pochim,105 the seconde treasourer; Pochinsi, he that keepeth the seale royall; Antzatzi,106 he is as the maior or bailife of any citie or towne. There be also other three officers, which are called Guytay,107 Tzia,108 Toutay,109 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.

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 A very good order. 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:110 these haue the charge to see the prouision of victualles, and to put a price on them; an other is called Tibuco,111 he that dooth arest and punish vagabundes and idle persons. Quinche112 is the cheefe sargent, Chomcan113 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

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 A very good consideration. 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.

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 An occasion of amitie betwixt neighbours. 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.

Cruell tormentes. 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 A more cruell torment. 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

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,114 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.

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.