Page:Voyage from France to Cochin-China- in the Ship Henry.djvu/16

Rh his ruler, "if thou wouldest have me respect thee, love thee, than chastise me." To love and to fear are synonymous terms in the mouth of a Cochin-Chinese, who says indifferently, "I fear you," or "I respect you."

The code of civil laws, borrowed from the great empire (the common appellation of China) established in Cochin-China, is beyond measure prolix. The interpretation of the laws is so difficult, that, until a change be adopted in the mode of writing them, they never can be understood, excepting by a very small number of the learned. Hence are law-suits endless: hence, when a question of any importance is to be determined, the decision of the ordinary judge is submitted to the imperial council, by them to be confirmed or reversed. It commonly happens, however, that the council requires farther information on the affair. By this mode of proceeding the claimant sees no end of his trouble and expense; unless the governor-in-chief of the province, or the emperor himself inquire into the business in the first instance.

The administration of criminal law is much better arranged and conducted. In every village are judges who decide in the first instance; and from them the cause, with all the documents relating to it, is laid before the grand council, where the whole case is re-examined. For any defect in the forms of justice the first judge is fined; and the emperor himself is required to examine, at three separate periods, the sentence pronounced by the council. That sentence he may modify, but only in favour of the condemned; in no way can he aggravate the sentence; and the three separate revisals afford him time to arrive at a proper judgment on the whole circumstances of the case before him. This regulation was introduced by Gia-Long himself, during the civil war, that he might guard against injustice or prejudice in determining in cases relative to subjects who were or had very lately been his political enemies: a regulation still unknown in the jurisprudence of the most enlightened Christian nations of Europe. He is in the habit also of pardoning criminals, on thrice repeated applications for favour, from persons of known judgment and probity. "For," said he, on more than one occasion, to the Bishop of Adran, whom he always styled his illustrious master; "such is your friendship for me, that you will never suffer me to authorise judgments of excessive severity. It will, besides, be a manifest proof that I am in error, if you shall thrice return to solicit pardon for an offender."

The present viceroy of Tunkin was formerly at the head of the army of the enemies of Gia-Long. Passing over to the emperor's camp, he requested to be either punished as a and, No. 5. Vol. IV.