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A54677 The history of the conquest of China by the Tartars together with an account of several remarkable things concerning the religion, manners, and customes of both nations, but especially the latter / first writ in Spanish by Senõr Palafox ... and now rendred English.; Historia de la conquista de la China por el Tartaro. English. 1671 Palafox y Mendoza, Juan de, 1600-1659. 1671 (1671) Wing P200; ESTC R33642 206,638 622

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doth give a beginning and progress to them Finally the Ruine and Preservation of Empires and People dep●●nds much upon the different management of Affairs by those who are the Supream Governours The Tartars had their Councils and Justice-Seats in the same manner as the Chineses had but not in so great a number They kept up the Dignity of Calao and Mandorin but none attain thereto but by Merit and Election and these ought all to be persons of high Reputation and Merit of which the Tartars would be first well satisfied and informed As for their Laws and Policy the manner of proceeding in their Courts of Judicature and the Officers appertaining thereto and their administration of Justice as well in Criminal Causes as in Actions of Debt and Trials of Right between party and party conformable to those Ordinances and Regulations which the Tartars have made we have not as yet been particularly informed herein We only know in general that herein they act just opposite to what the Chineses did And that they might quietly introduce and establish these new Customs which are so contrary to the ancient they have the more industriously employed the Ch●●neses whom they have put into several Charges and Offices And the people on their part that they may ingratiate themselves to their new Masters have the more readily conformed in all things to these new Laws And thus in all probability there will not be left in a short time the least appearance of the ancient Chinese Government In all Suits and Trials the Tartars never make use of any long Writings neither have Practitioners in Law any great Employment there In all Trials between party and party the parties concerned justifie by word of mouth only their claim to the thing in contest and by word of mouth alone the cause is decided All other Ceremonies are counted a frivolous and expensive loss of time They were yet more quick and expeditious in the dispatch of criminal causes and yet they did very diligently examine all charges and accusations alledged against the party accused They have this Maxime That Guilt or Innocence do presently manifest it self when judicious persons who manage the Examinations proceed impartially Neither do they make use of Prisons Chains and Fetters saying that thus to torment men is to put them twice to death When any criminal person is seized upon at that very instant of time he is brought before the Judge if the Crime be sufficiently proved against him he is immediately punished if the proofs are defective he is set at liberty There is but two sorts of punishments for all criminal persons When the crime doth not deserve death they take two Arrows and strike them through the Ears of the Criminal and turning the shafts upwards they tie them together on the top of his head and in this posture they make him march through the Streets and publick places of the Town or City and an Officer goes before him and proclaims aloud that whoever hath committed the like Crime shall receive the like punishment But if the Crime deserves death his Head is cut off without making any distinctions between either the quality of persons or the nature of Crimes It is sufficient that they have deserved to die When they execute the condemned person they first strip him as naked as when he was born to the end say they that he may go out of the world as he came into it When he is thus stripped the Executioner with a Cimeter or short Sword strikes off his Head and when the Body is fallen down he hacks it to pieces fo●● which reason they stript it at the first And usually they leave the dead Body upon the place pretending thereby to make others dread and abhor the like crime It is said that heretofore the Executioner used to take home with him a Thigh to make therewith an Entertainment for his Friends And this perhaps gave rise to the report that the Tartars eat Mans-Flesh But as it hath been already observed there are none except the most savage barbarous and brutish persons of that Nation who can be judged capable of committing so horrid a crime Neither would the Tartars so honour the Carkasses of criminal persons as to give them living Sepulchres That which seems most strange in the administration of Justice by the Tartars is that they can so soon go through all necessary Proofs and Exa●●inations in criminal causes and private contests between party and party But Xunchi by a Law which will admit of no Gloss or Comment pretends to have taken away all impossibility or difficulty in these quick and speedy Trials by which he ordained that all Suits and Contests between party and party should be decided ass●●on as the parties concerned had been heard and that in criminal Causes the party accused should either immediately be punished or acquitt●●d but if the party accused were really guilty and the accusation not verified nor the party convicted that then the J●●dge who acquitted him should undergo the penalty of the Crime committed for Xunchi pretended that then the fault must be in the Judge But if the fault was proved the party accused was punished at the very instant of time though never so inconvenient and ●●hat either by a pecuniary Mulct or corporeal punishment Thus there was no possibility of prolonging Trials Nor was there any way to evade the due Execution of the Emperour's Law which he designed to oblige thereby the Judge to be as much concern'd to sift and impartially examine the Evidence as the accused person to make his Defence This Law he caused to be executed and observed most rigorously The consequence whereof was this that afterwards there was in all Offices and Courts of Judicature such persons who though they were not rich yet they discharged their Employments with such integrity that the people were much better satisfied with these Judges than with those under the Chinese Emperours though they were very rich and Majestick Such precipitation in the dispatch of Affairs may seem somewhat barbarous and not very politick but the contrary excess of prolonging Trials by perplexing Causes with Tricks and frau●●ulent Nicet●●es and going through all those Terms and Punctilio's and Orders of Courts which serve only to delay Justice and make Causes to be so long depending that they can never come to be decided This I say may perhaps seem not less barbarous to those people Happy is that Nation where Causes are not so precipitately determined as amongst the Tartars nor yet so delatory as in other places But this Moderation is the operation of a Virtue which humane Policy doth not alwaies consult Xunchi hath also given to all those Officers and Mandorins who are actually in possession of those Employments all those Pensions and Allowances which the ancient Emperours of China setled upon them and hath continued several of the most ancient amongst them in their former Offices and Employments or else hath