Their horse for the most part are little, but great traueilers: yet they say, within the countrie there are verie great and excellent good horse.

I do not here declare the industrie that might (with the fauour of G.o.d) be vsed to win and ouercome this people, for that the place serueth not for it; and I haue giuen large notice thereof, vnto whom I am bound. And againe, my profession is more to bee a meanes vnto peace, then to procure any warres; and if that which is my desire might be doone, it is, that with the word of G.o.d, which is the sworde that cutteth the hearts of men, wherewith I hope in the Lorde to see it.

CHAP. VII.

_Of a law amongst the Chinos, that they cannot make anie wars out of their owne countrie, neither go forth of the same, neither can any stranger come in without licence of the king._

[Sidenote: They haue no neede of other nations.]

[Sidenote: Straight lawes.]

Although in many things that haue bin seene in this kingdome is shewed and declared the sharpe and ripe witts of these men, and with what wisedome and prudence they doo most manifest the same (in my iudgment) is in that which shalbe declared in this chapter. They without all doubt seeme to exceede the Greekes, Carthagenians, and Romanes, of whom the old ancient histories haue signified to vs, and also of those later times; who for to conquere strange countries did separate themselues so farre from their natural, that they lost their owne countries at home.

But these of this kingdome being forewarned (as ye prouerbe saith:) Felix quem faciunt aliena pericula cautum. By the hurt of another, etc., they haue found by experience yt to go forth of their owne kingdome to conquer others, is the spoile and losse of much people, and expences of great treasures, besides the trauaile and care which continually they haue to sustaine that which is got, with feare to be lost againe: so that in the meane time whilest they were occupied in strange conquests, their enimies, the Tartarians and other kings borderers vnto them, did trouble and inuade them, doing great damage and harme. And more, considering that they do possesse one of the greatest and best kingdomes of the world, as well for riches as for fertility, by reason whereof, and by the great aboundance of things that the country doth yeeld, many strange nations do profite themselues from them, and they haue need of none other nation, for that they haue sufficient of all things necessarie to the mainteining of humane life. In consideration whereof they called a generall court of Parliament, whether came all vizroyes and gouernours and other princ.i.p.all men of all the fifteene prouinces: and there they did communicate, to put remedy in this great inconuenience in the best manner possible. Then after they had wel considered of the same with great care and diligence, taking the iudgment particular of euery one, and in generall by common consent, they found it requisit for their quietnes and profite, and a thing most conuenient for the common wealth to leaue al yt they had got and gained out of their owne kingdome, but specially such countries as were farre off. And from that day forwards not to make any wars in any place: for that from thence did proceed a known damage and a doubtfull profite: and being altogether conformable, they did request the king that was at that present that he would cal home al such people as he had in other kingdomes bordering there about vnder his obedience, perswading him that in so doing, he should remaine a mightie prince, more richer, more in quiet and in more securitie. Then the king perceiuing the request and pet.i.tion of his kingdome and subiects, and being fully satisfied that this perswasion was requisite to be put in execution: he straight wayes set it a worke, and commanded vpon great penalties, that al his subiects and va.s.sals naturall that were in any strange countries, that in a time limited, they should returne home to their owne country and houses: and likewise to the gouernours of the same countries, that they should in his name abandon and leaue the dominion and possession that he had of them: excepting such as would of their owne good will acknowledge va.s.salage, and giue him tribute, and remaine friends, as vnto this day the Lechios[92] and other nations do. This law was then established and is inuiolablie kept to this day: in the which it is first commanded that none whatsoeuer, vpon paine of death, shall make or begin warre in any part without his licence. Also on the said penaltie, that no subiect of his shall nauigate by sea out of the kingdome without the said licence.

Also that whatsoeuer will go from one prouince to another within the said kingdome, to traficke in buying and selling, shall giue sureties to returne againe in a certaine time limited, vpon paine to bee disnaturalled of the countrie. Likewise that no stranger whatsoeuer shall come in by sea nor by land, without his express licence, or of the gouernours of such ports or places whereas they shall come or ariue. And this licence must be giuen with great consideration, aduising the king therof. All which lawes haue beene the occasion that this mightie kingdome hath not come to notice and knowledge but of late yeares. All the which that is said, seemeth to be true, for that it is cleerely found in their histories and books of nauigations of old antiquitie: whereas it is plainely seene that they did come with the shipping vnto the Indies, hauing conquered al that is from China, vnto the farthest part thereof. Of all the which they indured possessors in great quietnes, till such time as they ordeined the law of abandoning of their owne good will, as aforesaid. So that at this day there is great memory of them in the Ilands Philippinas and on the cost of Coromande, which is the cost against the kingdome of Norsinga[93] towards the Sea of Cengala;[94] whereas is a towne called vnto this day the soile of the Chinos, for that they did reedifie and make the same. The like notice and memory is there in the kingdom of Calicut, wheras be many trees and fruits, that the naturals of that countrie do say, were brought thither by the Chinos, when that they were lords and gouernours of that countrie. Likewise in those dayes they were of Malaca, Siam, and Chapaa,[95] and other of their borderers. Also it is to be beleeued of ye Ilands of Iapon, for that there are many token unto the Chinos unto this day, and the naturals of the country are much after the fashion of the Chinos, and many particular things that do giue vs to vnderstand: and some lawes that are obserued and kept in China. But now in these dayes the gouernors of the sea ports do dispence with the law that forbiddeth ye going out of the kingdome, by certaine gifts which is giuen them by merchants to giue them secret licence, that they may go and trafficke in ilands bordering there about, as vnto the Philippinas, whither come euery yeare many ships laden with merchandise of great riches, of the which is brought many times into Spaine. Likewise they do trauaile vnto other parts and places, wheras they vnderstand they may profite themselues. Yet they do not giue any such licence vntill they haue giuen sureties to returne within one whole yeare.

The desire of gain hath caused them to traueile to Mexico, whither came the yeare past in anno 1585 three merchants of China, with verie curious things, and neuer staied till they came into Spaine and into other kingdomes further off. Likewise the said iudge and gouernours doo giue licence vnto strangers (in the order aforesaid) for to enter into their ports to buy and sel, but first vpon examination and charge, that they should haue a great care not to demand any licence but to the same intent. Then haue they their licence with a time limited, and with condition that they shall not procure to goe about their cities, neither to see the secrets thereof. And this is giuen in writing vpon a whited table, which is set vpon the fore partes of their ships, that when they come to an anker in any port it may be seene of the keepers and guards that they sinke them not, but let them peaceably to enter and to trafficke in buying and selling, paying their ordinarie customes due vnto the king.

In euery port there is a scriuener or notarie, put there by the gouerners, that dooth set downe in memorie the day and houre that any shippe doth enter in, in order that, whether hee be a stranger or natural, to take in his lading and dispatch, according vnto the old custome of those ports, the which is inuiolably kept; which is the occasion that they do lade and dispatch in so short a time, and with so great quietnesse, as though there were but one shippe, although many times you shall see in one port two thousande ships small and great. In this sort, with a bought licence, did the Portugals traficke from the Indies in Canton, a prouince of this kingdome, and in other parts of that kingdome, as they themselues haue declared, and likewise the Chinos.

CHAP. VIII.

_Of the kings royall counsell, and the order they haue to know euerie moneth what dooth pa.s.se in all the kingdome._

The king hath in the citie of Tabin,[96] whereas he is resident, a royall counsell of twelue counsellers, and a president, chosen men throughout al the kingdome, and such as haue had experience in gouernement many yeares.

For to be one of the counsell, it is the highest and supremest dignitie that a man can come vnto; for that (as aforesaid) in all this kingdome there is neither prince, duke, marquesse, earle, nor lord, that hath any subiectes, but the king only, and the prince his sonne. These counsellers, and the gouernors of these prouinces by them appointed, bee such personages, that they are respected and esteemed for the time of their continuance in the same estimation, as is the other, where as they haue these t.i.tles.

[Sidenote: Councillors must be expert in sciences.]

For to be one of this counsell, it is not sufficient that they be expert and learned in the lawes of the countrie, and in morall and naturall philosophie, and commenced in the same, but they must be also expert in astrologie and iudgements. For they say, he that must be of this supreme counsell, by whome is gouerned all these fifteene prouinces: it is requisite that they know all this that is saide, for to prognosticate what shall succeede and happen, the better to prouide for all necessities that shall come. These twelue doo sit in counsell ordinarily in the kinges pallace, for the which there is a hall appointed, maruellous richly trimmed: and in the same thirteene chayres, sixe of them of golde, and sixe of siluer: both the one and the other of great price, wrought with great curiositie: yet the thirteenth is more richer, for that it is of golde and set full of precious stones of great value, and that is placed in the middest of them vnder a canopie or cloth of estate, of cloth of gold: in the which is imbrodered the kinges armes, and is as it is saide, certaine serpentes, wrought with golde wyer: in this chayre the president doth sitte when the king is not in presence: but if hee be there (as seeldome he is) then doth the president sit in the first and highest of the chaires on the right hand, which be of gold: in the which, and in the other of siluer, they bee placed according vnto their antiquitie: in this sort, that if the president do die, then do the most auncient proceede and inherite his roome, and in his chaire doth the fift person rise on the side of the golden chaires: and so from the fourth vnto the fift: and in this order all the rest arise in the chaires of siluer, pa.s.sing into the other chaires of golde.

This may the president doo, preferring euerie one in order (if any doo die) without the consent of the king. And if any of these chaires be voyd, then doth the counsell choose an other by voices: the which is done by vprightnes, and he which hath the most is preferred; but the chiefest in this preferment is merit and sufficiencie. If he that is chosen be absent in any gouernment, then doo they send for him; but if hee be present in the citie, then doo they carrie him before the king, giuing him to vnderstand of their election, in whose power it is to accept or to make it voyde, which neuer doth happen. Then the king himselfe on his owne handes, according vnto their custome, doth make him sweare a solemne oth that he shall doo vpright iustice according vnto the lawes of the countrie, and that he shall likewise doo vprightly in the choosing of viceroyes and gouernours or any other iustices, and not be led with affections nor pa.s.sions, neyther receiue anie bribes himself nor any other for him: with many other things in this order and effect: and aboue all thinges hee shall not bee partaker, neyther consent to anye treason at anie time against the king: but rather if that hee doo vnderstande of anie such, directly or indirectly, he shall straight wayes giue the kinge to vnderstande thereof, or his counsell, of all that he dooth knowe or vnderstande, alwaye favouring with his industrie and force the preseruation of peace and life of the king.

This oth of homage being doone, they doo carrie him vnto the chaire which is on the left hande in the hall, and doo giue him the possession with great solemnitie; for the which, certaine dayes after there is great feastes in the citie, as well by them of the counsell as by the citizens and courtiers: during the which time, the marchants do leaue their contractions and trafickes, and handicraft men their occupations.

If any occasion bee requisite to talke with the king, there is none that speaketh with him but the president, and if it so fall out that hee be sicke, then the most auncient and vppermost in the golden chayres dooth talke with him at all times when neede requireth; but when hee talketh with him hee is on his knees, and his eyes inclyned to the grounde, and neuer mooueth although the talke endureth two houres. He is paide with the same money that all viceroyes, gouernours, iustices, and captaines of the kingdome are: when they will talke with the president, it is in the self same order.

In this royall counsell euerie moneth they doo knowe all thinges that doo happen in all the kingdome woorthie to bee aduised of, and this is without falt; for that those which doo gouerne the prouinces haue expresse commandement to sende notice vnto the court of all thinges that doo happen in anye of their prouinces touching warres, the estate of the countrie, the kinges rents, or any other thing: the which is accomplished with so great care, that although it bee a prouince distant fiue hundred leagues from the court, yet the post doth not misse his day appointed. And those which do first come, do tarrie till the last or furthest off doo come, and then vpon the day appointed they do all together giue their relations. Those which are farre off for to be at the court so soone and at the instant as those which are nigh at hand, doo send postes daily, that the one may ouertake the other. They do run post after the vse of Italy and Spain with a horne, but they were woont to haue a coller of belles, the better to be heard: so yt the postmasters when they do heare the horne or bels, do straight waies bridle their horse to be in a readines. Likewise, if their iourney be to pa.s.se by water (as many times it hapneth), then ye boat-men do make their barks readie.

Then when the counsell hath taken relation of all the posts in effect, the president incontinent doth giue a straight account thereof vnto the king: then hee, or the counsell by his order (if anie such neede requireth), do put remedie for that that is needfull for the time. And if it be requisite to send any iustice about the same, he is straight wayes appointed, and dispatched and sent in all haste and with great secrecie: and this iustice doth make inquiries in such sort that it is not knowen, no not in the citie where the fault is committed.

And for that, touching this matter, it shall bee spoken of more at large in chapters following, I will conclude with this: that this king will haue such dominion ouer his kingdome and subiectes, that although it be great with so manie prouinces, cities, and townes, yet not one uiceroy, gouernor, nor iustice can put any man vnto death, without his sentence be first confirmed by the kinge and his royall counsell, except it be in the warres actually, for that there in the delaying thereof may growe some perill; therefore they doo permit the captaine generall or his lieftenant, to behead or hang what so euer souldier that shall offende or doo anie ill thing; this may they do without consentment of the king or his counsell, onely with the consentment of the kinges treasorer, or of the generall of the fielde: the which bee both of them graue personages, and they must be both conformable in their iudgementes or else they cannot execute death.

CHAP. IX.

_Of such presidents and ministers as the king doth put in euerie prouince, and the order that they haue in their gouernment._

[Sidenote: Euery prouince hath his viceroy.]

You do vnderstande howe the two prouinces, Paguia and Tolanchia are gouerned by the supreme counsell of the king, and such ministers as they doo send to gouerne. The other thirteene prouinces that do remaine, haue eyther of them a vizroy or gouernor, whom the common people do call Insuanto;[97] who is continually resident, and doth dwell in the metropolitane citie, whereof the prouince doth commonly beare the name.

And although all the kinges officers and iustices of what sort of administration they are, be generally called by the name of Loytia;[98]

yet euerie one hath a speciall and a particular name besides, according vnto his office that he doth execute: of the which and of their proper names I will giue you to vnderstand, for that it doth differ from our purpose. The vizroy, that is in euery prouince princ.i.p.all and supreme magistrate in place of the king, they do call him Comon.[99] The second in dignitie is the gouernour of all the prouince, and he is called Insuanto, who hath verie little less maiestie than the viceroy: then the corregidor or gouernor that is resident in any citie, where as is neither viceroy nor gouernor, is called Tutuan,[100] all of this degree.

Of any thing that is of importance, of what citie soeuer they be, they do giue relation thereof vnto the higher gouernor, called Insuanto, and likewise this Insuanto vnto the viceroy or comon, whose charge is to giue the king to vnderstand thereof or his royall counsell, by the postes that we haue spoken of before. The third in dignitie is called Ponchasi;[101] this is the president or counsell, of the kinges reuenewes, who hath vnder him a counsell and many ministers and officers, as sargents and others, which do recouer the rents in euery province. This state dooth giue account of all his office vnto the tutuan, after that he hath paide all kind of wages and charges ordinarie and extraordinarie due to any officer of the kinges in all that prouince.

[Sidenote: Captaine generall.]

The fourth degree or dignitie is called Totoc,[102] and this is captaine generall of all souldiers, as well footmen as hors.e.m.e.n. The fift is called Anchasi;[103] he is president and gouernour ouer iustices both criminall and ciuill: and doth determine with his counsell of matters in difference, whatsoeuer that do appeale vnto him from other meaner iustices. The sixt is called Aytao:[104] this is generall puruier and president of the counsell of warre, whose office is to prouide souldiers when that it is requisite or necessitie demaundeth, and to prouide ships, munitions, and victuals for any fleete that shall pa.s.se by sea, as that shall be requisite by land, and for the suppliment of garisons in cities and coastes. To this is giuen the charge to examine such strangers that do come to any prouince, to knowe of whence they are, and wherefore they do come, and of all other thinges, and after beeing knowen, to giue the viceroy to vnderstand thereof, and of all thinges needful.

These sixe offices or charge are of great authoritie, and they that haue the execution thereof are had in great reuerence: euerie one of them hath in societie or counsell tenne, which are men chosen of great experience and diligence, and they do help him in the exhibition and dispatch of matters touching that office. When they are in place of counsell, which is in the pallace of the viceroy (whereas euerie office hath his place appointed, garnished in very good order), their sociates are diuided in two partes, fiue of them do sit on the right hand of the president, and fiue on the left hand; those which do sit on the right hande are the most auncientes and haue the more preheminence, and doo differ from the other that be on the left hande in this only, for that they do weare wastes or girdels imbossed with gold, and yealow hattes: and they on the left hand haue their girdels imbossed with siluer, and weare blewe hats; the which girdels, with gold and siluer, and hats yealow and blewe, there is none that is permitted to weare but onelye the counsellers. Likewise these and the presidents do weare the kinges armes on their breastes and backes imbrodered with golde, without the which they can not goe foorth to anie place where they must be seen, neyther sitte in iustice to determine anie thing whatsoeuer. If they doo, they are not onely disobedient, but are seuerely punished at the time of their visitation.

[Sidenote: A very good propertie of iustices.]

If the president of any of these counsels doo die, then one of the auncientest of the counsellers dooth succeede him in the office, obseruing in all thinges the order, as I haue saide in the chapter past, of the royall counsell. All these iustices generally haue a maruellous morall vertue, and that is, they be all very patient in hearing any complaynt, although it be declared with choller and proude speech. It is the first thing that is taught them in their schooles: they are verye well nourtered, and courteous in their speeches, although it bee with them that they haue condemned by lawe. If that vppon any necessitie they must goe into any part of the prouince to make any information of importance, then is appointed one of the counsell, and hee goeth alone, but he hath with him the authoritie of them all.

Besides these sixe counsellers or iudges aforesaide, there bee others of lesse dignitie (although greatly respected, as all ministers of iustice bee in this kingdome), and they are called as followeth: Cautoc, this is the chiefe auncient-bearer;[105] Pochim,[106] the seconde treasourer; Pochinsi, he that keepeth the seale royall; Antzatzi,[107] he is as the maior or bailife of any citie or towne. There be also other three officers, which are called Guytay,[108] Tzia,[109] Toutay,[110] these doo keepe court and haue audience in their houses once a weeke; and when they do open their doores, there is shott off foure peeces of artilerie, to giue all men to vnderstande that they are in place, readie to heare, and to doo iustice. If they do finde any that is culpable or faultie, they doo straight wayes sende them with a sargent vnto the ordinarie iustice of the citie, which is called zompau, with a bill or note, in the which is signified the punishment that he must haue.

[Sidenote: A very good order.]

Euerie ordinarie iustice hath committed to his charge a thousand souldiers. He can not exceed his limit nor iurisdiction, neyther can anie other haue to doo in his charge. Euerie night they doo range their circuit, and doo cause that euery one may be quiet in his house, and to put out their candelles and lightes in time to auoyde fires, which hath happened amongest them verie great, by reason that their houses are so neere one to an other, and all the vpper partes of their houses wrought with tymber, according vnto the vse of Byskaye: and all suche as they doo finde with light after the houre limited, they are punished verie asperly. From these there is no appellation but vnto suche iustices as are sent from the court, and besides them vnto none but vnto the visiters that doo come ordinarily, who doo vndoo and make satisfaction of all griefes or wronges doone by the other, and these are called in their language Gomdim, which is as much to say, a righter of all griefe: this man is respected more than all the rest.

Besides all these there be other particular officers, which be called Tompo:[111] these haue the charge to see the prouision of victualles, and to put a price on them; an other is called Tibuco,[112] he that dooth arest and punish vagabundes and idle persons. Quinche[113] is the cheefe sargent, Chomcan[114] is the keeper of the prison: this is one that they haue in great reuerence, for that he hath a priuilege aboue all the rest: that after hee hath done his dutie vpon his knees at his first entrie, hee may tell his tale on foote, and so can not the rest doo, but kneeling.

When that these gouernours or iustices doo newly come into these prouinces or cities, ordeyned and sent by the supreme counsell, they doo sende two or three dayes before they come themselues their letters patentes and prouisions: the which being seene and obeyed, there goeth foorth to receiue him all the loytias and men of warre with their souldiers and ensignes military, and other officers, making great feastes and pastimes.

Likewise the citizens at this time doo hange their streetes with clothes of silke and other thinges very richly, and trimmed with flowers, bearing him companie vnto his lodging with much musicke and sound of instrumentes.

Aboue all these dignities and offices there is one which is called Quinchay, which is to be vnderstood in their language "the golden seale"; this goeth not from the court, but vpon waightie matters and of great importance touching the quietnesse of all the kingdome. The order they haue in the choyse of these iustices and officers, and of other matters touching good gouernment, shall be declared vnto you in the chapter following.

CHAP. X.

_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 princ.i.p.all 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 p.r.o.nounce 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 pet.i.tion 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 pet.i.tion with his own firme with red inke, and commandeth what is needful to be done.