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,[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.
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.