And That Is, That Euery Gentleman Hath Rule And Iustice Vpon His Owne Tenants.

And if it so fall out that two gentlemens seruants and tenaunts doe disagree, the two gentlemen examine the matter, and haue the parties before them, and soe giue the sentence.

And yet cannot they make the ende betwixt them of the controuersie, but either of the gentlemen must bring his seruant or tenant before the high iudge or iustice of that countrey, and there present them, and declare the matter and case. The plaintife sayth, I require the law: which is graunted: then commeth an officer and arresteth the party defendant, and vseth him contrarie to the lawes of England. For when they attach any man they beate him about the legges, vntill such time as he findeth sureties to answere the matter: And if not, his handes and necke are bound together, and he is led about the towne and beaten aboute the legges, with other extreme punishments till he come to his answere: And the Iustice demaundeth if it be for debt, and sayth: Owest thou this man any such debt? He will perhaps say nay. Then sayth the Iudge: art thou able to denie it? Let vs heare how? By othe sayth the defendant. Then he commandeth to leaue beating him till further triall be had.

Their order in one point is commendable. They haue no man of Lawe to plead their causes in any court: but euery man pleadeth his owne cause, and giueth bill and answere in writing: contrarie to the order in England. The complaint is in maner of a supplication, and made to the Dukes grace, and deliuered him into his owne hand, requiring to haue iustice as in his complaint is alleadged.

The Duke giueth sentence himselfe vpon all matters in the Law. Which is very commendable, that such a Prince wil take paines to see ministration of iustice. Yet nowithstanding it is wonderfully abused: and thereby the Duke is much deceiued. But if it fall out that the officers be espied in cloking the trueth, they haue most condigne punishment. And if the plaintife can nothing prooue, then the defendant must take his oth vpon the crucifixe whether he be in the right or no. Then is demanded if the plaintife be any thing able further to make proof: if hee bee not; then sometimes he will say, I am able to prooue it by my body and hands, or by my champions body, so requiring the Campe. After the other hath his othe, it is graunted aswell to the one as to the other. So when they goe to the field, they sweare vpon the Crucifixe, that they be both in the right, and that the one shall make the other to confesse the trueth before they depart foorth of the field: and so they goe both to the battell armed with such weapons as they vse in that countrey: they fight all on foote, and seldome the parties themselues do fight, except they be Gentlemen, for they stand much vpon their reputation, for they wil not fight, but with such as are come of as good an house as themselues. So that if either partie require the combate, it is granted vnto them, and no champion is to serue in their room: wherein is no deceit: but otherwise by champions there is. For although they take great othes vpon them to doe the battell truely, yet is the contrarie often seene: because the common champions haue none other liuing. And assoone as the one partie hath gotten the victorie, he demandeth the debt, and the other is carried to prison, and there is shamefully vsed till he take order. There is also another order in the lawe, that the plaintife may sweare in some causes of debt. And if the partie defendant be poore, he shalbe set vnder the Crucifixe, and the partie plaintife must sweare ouer his head, and when hee hath taken his othe, the Duke taketh the partie defendant home to his house, and vseth him as his bond-man, and putteth him to labour, or letteth him for hier to any such as neede him, vntill such time as his friends make prousion for his redemption: or else hee remaineth in bondage all the dayes of his life. Againe there are many that will sell themselues to Gentlemen or Marchants to bee their bond-men, to haue during their life meate, drinke and cloth, and at their comming to haue a piece of mony, yea and some will sell their wiues and children to be bawdes and drudges to the byer. Also they haue a Lawe for Fellons and Pickers contrary to the Lawes of England. For by their law they can hang no man for his first offence; but may keepe him long in prison, and oftentimes beate him with whips and other punishment: and there he shall remaine vntill his friends be able to bayle him. If he be a picker or a cut-purse, as there be very many, the second time he is taken, he hath a piece of his nose cut off, and is burned in the forehead, and kept in prison till hee finde sureties for his good behauiour. And, if he be taken the third time, he is hanged. And at the first time he is extremely punished and not released, except hee haue very good friends, or that some Gentleman require to haue him to the warres: And in so doing, he shall enter into great bonds for him: by which meanes the countrey is brought into good quietnesse. But they be naturally giuen to great deceit, except extreme beating did bridle them. They be naturally giuen to hard liuing aswell in fare as in lodging. I heard a Russian say, that it was a great deale merrier liuing in prison then foorth, but for the great beating. For they haue meate and drinke without any labour, and get the charitie of well disposed people:

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