The Principal Navigations, Voyages, Traffiques and Discoveries of the English Nation — Volume 03Hakluyt, Richard
History
The Principal Navigations, Voyages, Traffiques and Discoveries of the English Nation — Volume 03
Hakluyt, Richard
Discoveries in geography -- English; Voyages and travels
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
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