_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.