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
Hauing hitherto spoken so much of the chiefest Cities of Russia, as the
matter required: it remaineth that we speake somewhat of the lawes, that
the Moscouits doe vse, as farre foorth as the same are come to our
knowledge. If any controuersie arise among them, they first make their
Landlords Iudges in the matter, and if they cannot end it, then they
preferre it to the Magistrate. The plaintif craueth of the said Magistrate,
that he may haue leaue to enter law against his aduesarie: 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
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