North Eastern Europe - The Principal Navigations, Voyages, Traffiques And Discoveries Of The English Nation - Volume 3 - Collected By Richard Hakluyt
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And First I Will Begin With The
Commons Of The Countrey, Which The Gentlemen Haue Rule On:
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:
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