Condition The Punishment for Thieves is particular They put 'em into a Ditch up to the Middle and afterwards fill it with Plaister which gives the Patient excessive Tortures assoon as it is dry Empaling is not in use no more than Fire They have no Wheels but yet they have Punishments as cruel They lay the Patient upon a broad Board and there hash his Body into small Pieces The Governours Lieutenants have no power to condemn to death till they have permission from the King by a Brevet The Derogats may Hamstring or cut off the Noses and Ears of Butchers and Bakers assoon as ever the Lieutenant of the Policies has convicted 'em of selling too dear or by false Weights But none except the Kans a few Sultans and privileged Derogats can condemn to death which causes a great disorder in this Kingdom for the Thieves will be sure to ravage that Country most where they know there 's none have Authority to Condemn ' em The Divan Begui as I have remarked before is the chief of the Civil Justice Of the Civil Justice as well as the Four Great Pontiffs of Persia This Court is very commodious for the Subject for there are neither Messengers Councellors or Attorneys Every one may exhibit his own Cause by way of Petition Every one pleads for himself and defends his own Right They have Cryers to command Silence and their Audiences are always very tumultuous and he that speaks loudest has commonly the better of the Day They never pass Judgment by Default which is the reason that he who was in the wrong oftentimes saves himself by making a good Composition The Laws of the Alcoran by which they steer their Judgments oftentimes subject People to a great many inconveniencies For a Man that lends his Money is always in danger of losing it according to these Laws If he to whom it is lent be of good Repute and has no Money ready to pay the other cannot bring his Action without considerable Damage to himself for he must pay the Tenth part of the Summ immediately and all the Costs of Suit If the Defendant confess the Debt they always give him a reasonable time for Payment He that has the better on 't pays the Costs which Law is not just The Alcoran forbids Usury Vsury forbid but the Indians and Armenians never mind it For Example If they lend 100 Crowns for a Year they compute what Interest they might make by it and that can never be less than Eight per Cent. However practised so that they add that to the principal Summ in the Bond before-hand This Craft will signifie nothing if the Debtor be a Knave for at the end of the Term he 'll deny to have received the full Sum and so offering to lay down in Court the 100 Crowns he 'll avoid the Interest 10 per Cent for the Judge's Box and all the Costs of Suit This Court is very ridiculous and unjust in respect of a Defendant that will deny his Debt for there he is allow'd to do it contrary to his own Hand-writing and the Testimony of the Judge who saw the Money lent and put his Hand and Seal to the Obligation Nevertheless the Defendant need but deny the Fact boldly and the Creditor will be ordered to make Proof of the Loan and to produce his Witnesses or he will be Non-suited These Two things are equally prejudicial to the Creditor for to prove any Act according to their Laws they must produce Seventy Two Witnesses who must all very near equal the Imans in Integrity if not wholly The express Words of the Law are these That to be believ'd the Witnesses must be either Imans or Naib Imans that is Saints or Deputies of Saints There are not wanting in Persia People that can equal these pretended Saints in Adultery Knavery and Murther but they must also equal 'em in Hypocrisy Treachery and being worse than their Word A Christian is never allow'd for Evidence and much less a Jew Indian or follower of Omar Therefore you may judge in what Confusion a Creditor must needs be who is oblig'd to find so great a number of such choice Witnesses He ought to have lent his Money by sound of Trumpet to have got so many to have prov'd the Fact I affirm that it is almost impossible for a Plaintiff to prove his Debt so that he must always yield himself Non-suit when he commences a Suit unless he relies upon Remorses of Conscience which seldom or never trouble the Mahometans especially when they are to injure a Christian But if he be so happy to see any reluctance in his Adversary for a false Oath all his Good Fortune will amount but to this that he must compound for a Third part out of which the Judge will have also his Tenth When the Debtor denies the Debt the Plaintiff is at liberty to swear it after what manner and with what Circumstances he pleases but it will signify nothing I can never remember without Horror after what a cruel manner I saw an Oath forc'd from a Christian in the Province of Naxivan A cruel manner of putting a Christian to his Oath where the Armenians are Catholicks A Renegado made an Insult upon a Christian and demanded 2000 Crowns which he said he lent him upon his Word without Writing but having no Witnesses to prove it he would needs put him to his Oath And to that purpose hal'd away this poor Christian by force to his own Church follow'd by a Crowd of Mahometans where scattering of Bread all the way up to the Altar he forc'd him to walk upon it with Two Dogs tied to his Arms and in this manner he oblig'd him to lay his Hand upon the Evangelists and to swear with a Thousand Oaths and Imprecations that were enough to frighten one that he ow'd him nothing This Man who was an honest Merchant would have willingly given him 100 Crowns to have freed himself from such a Scandal and his Church from so great a Profanation but he might as well have offer'd a Penny to satisfie the whole Sum for he was resolv'd he should drink out of the Chalice in that posture which gave me as much uneasiness and dislike as it did him If there be so much hazard in Trading or Lending Money in Persia there is without doubt no less in Buying Lands or Houses for whatever care is taken of the Contract the Seller may deny he ever sold 'em or if he owns the selling yet he may deny receiving of his Money and so put the Buyer upon proving it which perhaps he would never be able to do Therefore the best way is to take immediate Possession and to let the other prove it unjust and illegal The Soveraign Judge of the Tribunal of Religion Tribunal of Religion is the Sadre Cassa who is the Chief Pontiff or Archbishop of Persia and whose Deputies are the Modarrés in all Provinces but from whom there
Kingdom to that of the Ottoman's dissuaded 'em from their Pilgrimage to Mecca and inspir'd 'em with great Devotion for Iman Reza one of the Twelve Saints of Persia who has his Sepulchre at Masched He has made this Tomb Famous by a great many false Miracles he caus'd to be practis'd there for placing People there on purpose who should counterfeit themselves Blind they suddenly receiv'd their Sight at this Sepulchre and immediately cryed out A Miracle He procur'd so great a Veneration for this Tomb of Iman Reza that most of the greatest Lords in Persia have desired to be bury'd in his Mosque and to which they give great Legacies From thence arises the great Treasure it has in it and of which no doubt the Vsbegs are more desirous than of the Town it self They were so near to it about two Years ago that the King was oblig'd to send a puissant Army thither under the Conduct of Roustan Kan his Divan Begui and Favourite He omitted nothing to divide these Usbegs insomuch that his good Deeds prevail'd upon the Prince D' Organge to be detach'd from their side The good Intelligence the King of Persia always has with the Kalmoukes and Lezguis Good Intelligence with the other Tartars against the Muscovites serves for a Bulwark to defend him against the Muscovites on the North Nevertheless they might very much incommode Persia by Pyracies on the Caspian Sea For the Cossacks who live under their Obedience dayly encrease in strength there but yet they would not do wisely to make any descent for their Troops are not fitting to grapple with those of Persia especially such as live about Mount-Caucasus for they retain too much of the Courage of the Amazons from whom they descend ever to be overcome The Women also have a great deal of their Valour in them They are very Tall and very Fair and do not want for Chastity Their Men have also a great Meen and are very strong but are unreasonably Brutish and have little or no Neatness The Grand Signior is the most formidable Enemy the Persians have The Persians Politicks in regard of the Grand Signior His State confines with Persia from the Black Sea even to Balsora which comprehends both the West and the South The Christian Princes in League against the Grand Signior not being satisfied with the Answers they receiv'd byt their Ambassadors sent Solomon Skourki whom I have mention'd before once more to Sollicite the King of Persia with new Arguments in which they employ'd all the power of Politicks to engage him to advantage himself by the Confusion and Disorder the Grand Signior was in and moreover they endeavour'd to persuade him that he might now restore his Empire to that glorious condition it was in in the Reign of his Predecessor Ahasuerus who Govern'd 27 Provinces and of which the Grand Signior now enjoys Arabia Chaldaea Syria and the other Countries which are between Tygris and Aethiopia which confin'd the Empire of Ahasuerus But he was answered anew That the King of Persia would rather chuse to lose his Kingdom than to Conquer another contrary to Articles of Peace made betwixt him and the Grand Signior The Arabians who had possest themselves of Balsora two Years ago dispatcht away Couriers to the Governour of Laurestan to desire him to send thither a Garrison to take possession of that place for the King his Master whom the Governour sent away immediately to Court with other Couriers from him But the King did not think fit to accept of their Offer and they had the same Answer with the former The Persians His managing Alliances with his Neighbours against this Powerful Neighbour take care to manage their Alliance prudently with the Princes of Turcomania Curdistan and Arabia Deserta all which owe no Obedience to the Grand Signior They also carefully keep Correspondence with the Prince of the Arabians of Mascat to assist 'em against the Portuguese when they come with Sword in hand to demand their share of the Customs of Congo Bandarik and Baharin The King's Politicks are admirable in respect of the Georgians His Politicks with the Georgians who might give him a great deal of disturbance if they were once united against him But he knows how to keep 'em divided the better to correspond with his Interest He preferrs so advantageously all their greatest Lords that they forget both their Country and Religion to apply themselves wholly to his Service The greatest Trusts in the Empire are at present in their hands and they who have no Preferments yet have all their Places at Royal Feasts their Expences out of the Treasury and enjoy all other Privileges of the King's Guests and Tablers The care that Chiek-Sephi took to Establish a particular Sect which was so very different from the other Mahometans was an admirable Invention to prevent the People from Revolting through the Solicitations of either the Turks Tartars or Indians who are all their Neighbours for it has imprinted 'em with such an horrour of their belief that the Persians have a saying That if you should boil together a Sunni that is a Follower of Omar with Chiai who is a Follower of Ali their Substances would never Mix but keep their Antipathy and Opposition tho' they were both dissolv'd The Sunni's for their part and above all the Usbeg Tartars have so great an aversion for the Persians that a Soldier returning from the Campagne would be but ill received by his Wife if he should not bring her some of a Persian's Blood wherein she might indulge her Joy for his safe return The Persians have no other Codes The manner of administring Justice in Persia or Digests than the Interpretation of the Alcoran made by the Imans descended from Mortas Ali. They have three sorts of Tribunals 1. The Criminal which they call Ourf 2. The Civil called Cheher And 3. the Legal which has the name of Divan Ali that is The Soveraign Tribunal The Chief Justice of the Courts at Hispahan The sole Chief Justice of the Kingdom and all other Superiour Courts of the Kingdom is the Diven Begui He has a Derogat to execute his Sentences who also serves as Jaylor and sometimes as Judge to determine petty Criminal Causes The Kans are also Chief in their own Courts in their Provinces but there always lies an Appeal from them to the Divan Bigui The Divan Bigui has no cognizance of Treason for that is try'd in the inner part of the King's Palace without any relation had to the Council as I observed before But no Criminal whatever he be is Sentenc'd without the King's knowledge who must be fully acquainted with the Sadre's Decision who always determines the sort of Punishment according to the Laws prescribed by the Imans They proceed in these Courts much after the same manner with us of Europe viz. by Proofs Confronting of Witnesses and Tortures There are two sorts of Tortures in use in Persia as
thought criminal in being the first occasion of displeasing so merciful a Prince But for the Superintendant of the Slaves he took only an innocent Liberty of interceeding for his Friend without acting any thing contrary to the Respect that was due to his Commands for that all his Predecessors had confirmed that Law which forbid any one to execute such Orders as this till they had been reiterated thrice and that knowing of what importance it was to oppose sometimes an humble Intercession to their Anger they have always allow'd of solliciting their Clemency in favour of the Accus'd Very well then says the King I pardon the Superintendant of the Slaves But you Divan Begui I command you thrice go execute my Orders go instantly and strike off that Traytors's Head Whereupon the Divan Begui though very unwillingly was forc'd to go and seize the Constable and to degrade him by snatching off his Turban and throwing it on the ground when dragging him out of the Hall he took off his Girdle and bound his Hands behind him The Constable all the while wishing Prosperity and long Life to the King without daring to murmur any Complaints against his Usage and to shew his entire Submission to his Master's Orders he often kiss'd the Divan Begui's Robe and conjur'd him to entreat his Majesty that he would be pleased to pay his Debts and not to extend his Wrath to the reft of his Family they being altogether innocent and he only guilty Then he desired the Alcoran to pray in and to know whether his last Hour were yet come hoping always the King's Anger would mitigate But the Divan Begui fearing by delay to incense the King farther against himself fix'd the last Minute of his Life by discharging a Stroke into his Neck which through Grief to see his Friend in that Condition was not strong enough to do his Business wherefore the Constable entreating by their ancient Friendship to dispatch him the Divan Begui not being farther able himself caus'd his Gentleman to come up who with three Blows of a Scymetar sever'd his Head from his Body Which done it was immediately carry'd to the King who looking upon it with a stern Countenance cried Very well Traytor Am I now asleep Am I now in a Lethargy as you sent word to my Enemies No no you find I am not Then ordering the Head to be taken from him he turn'd himself to the Lords of his Court and told 'em That that Head was but the First of Four that should fall Which surprizing Speech made every one tremble and look pale for fear it should be his own The Wedding that the King promised to the Princess his Aunt was by these means chang'd into a bloody and frightful Tragedy for he immediately order'd an Eunuch to carry her the Constable's Head and moreover to acquaint her from him that it belonged to the Husband he had made choice of for her and that it was certain she had yet made no attempt against his Person Nevertheless he should not be contented by punishing her only with Griefs to see her Lover's Head in a Platter he would also have her's for reparation Whilst these Executions were doing in the Palace the Great Master of the Houshold and Governour of Shiras were sealing of the Constable's House The King terminated these tragical Actions by giving the Government of Hamadan to Abdelksum-Kan who had been dispossest thereof Eight Years before by the Wiles of the Constable But the King tho' he restor'd him his Government yet kept his Goods which he had confiscated and united to his Demesns This so absolute Authority that makes the King of Persia Unaccountable at the same time renders his Subjects Miserable Chiek Sephi restorer of the Monarchy of Persia and who rais'd its Power to that height we see it in at present was without doubt an excellent Politician Original of the King 's Despotick Power He knew how to make use of the Advantages he had by being descended from Mahomet and whose Religion the greatest part of the Medians came in Crowds to embrace He had immediately a Reputation of being a Saint of that Law his Life being very regular and retir'd Upon which occasion he had leisure to invent a great many Improbable Revelations but which nevertheless he put off to the People for Oracles In short he knew so well how to manage their weakness with his Hypocrisy He is Head of his Religion that he made 'em acknowledge his Son Cha Ishmael for the Sovereign and Supream Head of their Religion Insomuch that the succeeding Kings have retain'd this Power and Advantage For the People ignorantly believe His Subjects believe him Infallible That being descended from Mahomet they are always faultless in their Manners and infallible in their Decisions In a manner that the Emperor of Persia holds in his Hands both the Reins of Spiritual and Temporal Authority which are the Two only Foundations that can support an Arbitrary Power The Persians are so pre-possess'd and bigotted with the Infallibility of their Prince that they receive his Commands and Ordinances as Oracles descended from Heaven Their respect to his Commands And however innocent a Person in disgrace is yet they look upon him as a Traytor and a Villain Being of Opinion That to incurr the displeasure of their Prince is one of the most enormous of Crimes 'T is therefore they always treat 'em like Cain with the terms of Traytor Ingrate and unworthy to see the Light it being not possible to enter into their Heads That the King can ever condemn any Body without just Cause This spiritual Power is to be remarked in all the Addresses and Discourses they have to and with him As Kourban Olim which is May I be sacrific'd for you Din Imanum Padicha My King my Saint my Law Bachanha Dunim May I turn about your Head This way of expressing themselves May I turn about your Head is not of modern Invention but was in use with the ancient Persian Kings and it is practised now in so particular and frequent a manner that it cannot well be past by For when the King bestows any charge he to whom it is given takes his Instalment by turning thrice about his Person and saying May I turn about your Head and afterwards by falling on his Knees and kissing his Majesty's Feet He protests by this Ceremony That he is ready to expose his Life for the safety of his Masters and acknowledges withal that his and his Family's dependance is altogether upon his Pleasure and 't is therefore they call their King Veli Nahmet that is The Master and Distributer of Favours All things are well order'd in the King's Privy-Council The King's Council His Counsellors of Religion the Sword and the Gown are of an equal number all chosen Men both of Wit and Experience They have a deep Penetration and a great deal of Vivacity They conceive things easily and always give every
which are allow'd or controll'd at his Pleasure The Kingdom of Persia is so very large A good Pulicy that the most distant Kans might very well disturb the State if they were allow'd to be altogether Masters of their Soldiers But this probable disorder has been prevented by placing in every Province a Vizier or Overseer which does the same thing in Persia as the Intendant in France except that they are not allow'd to pronounce Justice as they do but are only Assistants to the Kans who are always the proper Judges in their own Provinces These Viziers raise the Soldiers Pay upon the Demesns that the Kans might not have the power to engage 'em to a Revolt They have also care that the Peasants to avoid the hard Usages of the Kans and other Officers do not forsake their Labour The Kalentar or Provost of the Merchants has also authority to prevent the abusing of Merchants and other Tradesmen And the Deputies of the Sadre Chiek Alislam and the Kazi are as so many Spies to observe the Proceedings of the Kan and who can scarce do any thing without their Privity These are good Orders but ill observ'd for if the Kan have but cunning enough to manage the People he may do what he pleases without any Check or Restraint Tho' the People have the justest cause imaginable Petitions when presented yet they find it often very difficult to make their Complaints for they can never present any Petition to the King but when he goes on Horse-back and then the Kans have always so much Interest at Court as to prevent their Approaching him Sometimes they make the Great Astrologer their Friend who pretends to consult the Stars and that it is not a lucky Hour for his Majesty to receive Petitions in How prevented And sometimes the Great Marshal who goes just before the King and commands his Servants to keep the Suppliants off with tough Cudgels Morever the King always does the honour of Discoursing with him upon the way to some one of his Ministers who if he be engag'd will discourse of quite another thing than what is expos'd in the Petition And in a Word there is nothing easier than to corrupt the King's Footmen who always run to receive the Petitions and who can very well suppress some of them by the way Nevertheless Hazara to oppress his Subjects it is no common hazard to oppress any of this King's Subjects for he has so great a love for them that he severely punishes those Governours that do but offend 'em but yet he is not always rightly inform'd of their conduct The Lords of his Councel are all provided of some Government whose Lieutenants are also subject to the same hazards with their Governours and therefore these employ their Interests as strenuously for them as themselves for fear their Extortions being discover'd might prove a prejudice to their Grandeur and great Expences at Court which are altogether supply'd by these means So that providing there be no falling out between the Governours their Oppressions and Injustice can never be known A difference arising between the Chief Minister and the Constable in 1685 was the cause of a Brother of the latter's ruine For the Constable who ow'd his own Rise to this Minister insinuated himself so much farther into his Favour that he obtain'd the Government of Sembran for his Brother Mahmed Reza Kan But this new Governour who might have been one of the greatest Men in Persia had he had so much Goodness and Honesty as Wit began to exercise so many Inhumanities and Oppressions in that Province that the People came to Court in Crowds for redress They carried their Accusations first to the Chief Minister who sending for the Constable acquainted him with the many Complaints were made against his Brother and desir'd him to use means to prevent the like for the future for fear of the ill Consequences that would certainly ensue if they should come to the King's Ear. So great a kindness as this from a Person that had a power of distributing Justice himself one would have thought might have prevail'd upon this Constable but the favour he imagin'd he was in with the King over balanc'd all other Considerations and therefore blinded with Ambition he gave him such an Answer as was the utter ruine of his Brother and in a great measure of himself For he told this Minister That it was not so great a wonder if his Brother who was a young Man had ruin'd a Province when he that was so consummated a Politician had done the like for all Persia This Constable forgot all the while he ow'd his Preferment to this Man and who had as great a power to suppress his Pride as he had had to advance it In short the Etmadaulet inform'd the King of all and this Governour of Sembran was immediately degraded and his Estate confiscated to the People's use to make 'em amends for their loss He was forthwith sent to Hispahan and there laid in Irons He also receiv'd so many blows on the Feet as made his Nails jump off from 'em and he never had escap'd a shameful death if the Constable who was also out of favour upon this occasion had not found out some means to appease the angry Etmadaulet and moreover disburs'd Twenty Thousand Crowns to make the People full satisfaction He saved his Brother's Head by these means but he was never able to re-establish him in any Employ or the King's favour who would never so much as look upon him ever afterwards The People may also present Petitions against the Kans by way of the Etmadaulet or Divan-Begui Petitions presented how but these ways are full as chargeable and often of as great difficulty as the former For if the Kans Complained against are Friends either to one or other of these great Lords or if they be Persons of a better Reputation than ordinary they will be sure to have these Petitions secretly sent ' em And if not so the Suppliant must enter into a Recognizance to the King conformable to the importance of the matter to be instantly paid if he has falsly accus'd the Kan The Etmadaulet and Divan-Begui affix their Seals to this Recognizance and then it must be enter'd in Five several Registers where there are great Duties to be paid After that the Suppliant carries it to the Divan-Begui who grants out a Commission to some Lord of that Province to examine into the Affair and then he allows the Suppliant a Messenger of the Palace to do Execution and levy the Recognizance Afterwards he carries it to the Chancery where the Keeper of the Seals sends him into the Haram to get the King's Seal apply'd Then the Suppliant departs with his Messenger whose Charges he is oblig'd to defray 'till he has made good what he pretended 'T is easie to guess after this with what Impunity the Kans are suffer'd to Tyrannize over the People when they