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cause_n civil_a court_n criminal_a 1,645 5 10.8192 5 false
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A00400 A discourse of the nauigation which the Portugales doe make to the realmes and prouinces of the east partes of the worlde and of the knowledge that growes by them of the great thinges, which are in the dominions of China. Written by Barnardine of Escalanta, of the realme of Galisia priest. Translated out of Spanish into English, by Iohn Frampton.; Discurso de la navegacion que los portugueses hazen à los reinos y provincias del Oriente. English Escalante, Bernardino de, 16th cent.; Frampton, John, fl. 1577-1596. 1579 (1579) STC 10529; ESTC S101702 64,782 94

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which do represent the trewe and rightful iustice they ought too doo and thother twoo that followe after these doo carrie other twoo canes haling them vppon the grounde and knit to them certaine long red gyrdles and in the point of them certaine tasselles which are the instrumētes of iustice where with al they whippe And the twoo porters go with certain tables listed vpp after the fashion and making of a target wherein is written the name of the Iustice and the charge and Office that he hath and those that go before these do bid with a lowde voice that they giue place bycause it is not permitted that any man of what degree soeuer hee bee shoulde passe a thwart the street nor walke as long as these Iudges passe vppon payne too bee whipped without remission that shoulde doo against it This Prince hath so great care that his Iudges Officers as wel the Gouerners as Presidents al the rest should vse theyr offices wel as they ought to do that although he do send from three yeeres to three yeeres officers which are called Chaenes to take accōpt of the Iudges yet besides that from vi Monethes to vi Monethes or from yeere too yeere hee doth dispatche with all secret other extraordinary Iudges which are called Leachis are men that he hath great trust in and those that are very familier with him that they may visit those Prouinces with so great iurisdiction and autoritie that without returning too him they may chasten al maner of offices be they neuer so great and put out of office al Iudges Officers at theyr wil. And bycause they shoulde execut●… this with more Iustice there is taken of them an othe of theyr faithfulnesse and secresie giuing them to drinke three tymes of the wyne they vse commonly to drinke of which is the maner of theyr othe And bicause hee may goe with more secrecie the Secretaries doo make the letters pattents without any name of him that shal goe nor whether hee shal goe more then to shewe in the letters patents that in what place soeuer that Lawyer shall come and present those letters patents ●…e bee obeyed as the king himselfe vnto whom he sheweth by worde of mouth in secrete the Prouince whether he shall go And so hee departeth vnknowen without knowing vnto any other whether he shal go And in comming too the place hee seeth and vnderstandeth al things that are vsed there and no man knoweth what hee is nor what hee pretendeth and in what sorce all officers do minister iustice And this not geuing knowledge of any thing what his comming is hee staieth vntill a day that the Presidents doo ioyne togither with the Tutam too make a general consultation which is once euery Moneth Then he goeth in to present his letters patentes presently they aryse euery one of them and goe aside with greate humilitie to heare iudgement against themselues and foorthwith they are executed And if there bee any suspencion then he doth prouide in theyr places other newe officers and if hee finde that they haue serued wel hee doth honor thē much doth remoue them to better places of more trust These are woont too visit the Schooles examine the Studentes and such as doo not learne hee commaundeth them too bee whipt and too bee put in prison and the vnprofitable are put out of theyr places such as are vertuous hee offereth them fauour and promiseth them hope of exhibition There is an other office or dignitie aboue all these which is that of the Quinchai and is asmuch to say the sell of gold This man goeth not out of the court but when any great matter doeth concerne the king of the good gouernment and quietnes of the whole realme In all causes as wel ciuil as criminal the Iudges doo proceede orderly in theyr causes and doo make theyr actes and doo examine the witnesses in publike before theyr officers and ministers bicause there shall be no falsehod nor deceipt vsed in the as king of that which they know nor in wryting therof They examine euery witnesse by himselfe and if they doo agree in theyr declarations and depositions they put them aside and doo aske th one and thother vntil they come to differ among themselues bicause by reason that th one and thother doo alledge they may come to declare the trueth the better And when they can not vnderstande the certaintie they whippe them and giue them torment in such sort that by one way or other they may declare the trueth effectually They haue great respect in these causes too men of estimation of whome they presume that they are not persons that wil lye In causes of great importaunce and that doeth touche graue personnes the Iudges doo not trust theyr Notaries too wryte the informations but they with theyr hands do set down al the acts Of such as are prisoners for debt there is a tyme appointed wherein they shal pay them and if they performe not they commaund that there bee giuen too them many whippes and they turne and commaunde a newe Another tyme and if they pay not they returne too whippe them againe and in this sorte they proceeded with them vntil they dye with strypes if their kinsefolkes doo not pay for them When any dweller wil passe to another habitation in some other street then where he dwelt before or go too some other Towne they haue a custome too ring vppon an emptie Bason by all the neighbours with a common crier which shal say that such a person doth remoue and too what place that if he owe any thing that they come to demaunde it before bee depart bycause no person shoulde loose any thing dewe too them if this person doo absent himselfe without making this diligence the Iustices do compel al his neighbours too pay al the debtes that he owe bicause they were so negligent and did not aduise the Iustice of his remouing Those which are Prisoners for thefte or murder are kept perpetually in the prisons vntil they dye by whipping or by hunger or cold For although they be condemned too death they doo execute the Iudgement with such deliberation that many yeeres after they come to die for necessitie as before is declared or of theyr natural death And for this cause there are a great number of prisoners in euery Cytie and Towne And it is affirmed that only in the Cytie of Canton are accustomed too be more then 15. thousand And by reason there are many people and there is littel almes giuen the poore people doo giue themselues to steale There is in this Cytie and in all the reste which are of the Metrapolitan xiii Prisons and in euery one of them a wall of a great circuit very heigh so large that they haue within thē lodges for the head keeper and his officers and for the souldiers of the watche and ordinarily there are gardens and streetes and courtes within where the