And Hauing Obtained It, The Officer Fetcheth The Defendant, And Beateth Him On The Legges, Till He Bring Forth A Suretie For Him:

But if he be not of such credite, as to procure a surety, then are his hands by an officer tied to his necke, and he is beaten all the way, till he come before the Iudge.

The Iudge then asketh him (as for example in the matter of debt) whether he oweth any thing to the plaintife. If he denies it, then saith the Iudge, How canst thou deny it? the defendant answereth, By an othe: thereupon the officer is commaunded to cease from beating of him, vntill the matter be further tried. They haue no Lawyers, but euery man is his owne Aduocate, and both the complaint of the accuser, and the answere of the defendant, are in maner of petition deliuered to the Emperour, intreating iustice at his hands. The Emperour himselfe heareth euery great controuersie, and vpon the hearing of it, giueth iudgement, and that with great equitie, which I take to be a thing worthy of speciall commendation, in the Maiestie of a Prince. But although he doe this with a good purpose of mind, yet the corrupt Magistrates do wonderfully peruert the same: but if the Emperour take them in any fault, he doeth punish them most seuerely. Now at the last, when ech partie hath defended his cause with his best reasons, the Iudge demandeth of the accuser, whether he hath any more to say for himselfe: he answereth, that he will trie the matter in fight by his Champion, or else intreateth, that in fight betwixt themselues the matter may be ended: which being graunted, they both fight it out: or if both of them, or either of them seeme vnfit for that kinde of triall, then they haue publike Champions to be hired, which liue by ending of quarrels. These Champions are armed with yron axes, and speares, and fight on foote, and he whose Champion is ouercome, is by and by taken, and imprisoned, and terribly handled, vntill he agree with his aduersarie. But if either of them be of any good calling, and degree, and doe challenge one another to fight, the Iudge granteth it: in which case they may not vse publike Champions. And he that is of any good birth, doth contemne the other, if he be basely borne, and wil not fight with him. If a poore man happen to grow in debt, his Creditor takes him, and maketh him pay the debt, in working either to himselfe, or to some other man, whose wages he taketh vp. And there are some among them, that vse willingly to make themselues, their wiues, and children, bondslaues vnto rich men, to haue a little money at the first into their hands, and so for euer after content themselues with meate and drinke: so little accompt doe they make of libertie.

Of punishments vpon theeues.

If any man be taken vpon committing of theft, he is imprisoned, and often beaten, but not hanged for the first offence, as the manner is with vs:

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