The Principal Navigations, Voyages, Traffiques and Discoveries of the English Nation — Volume 03 by Richard Hakluyt
page 57 of 425 (13%)
page 57 of 425 (13%)
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may compare them to a young horse that knoweth not his strength: whome a
little childe ruleth and guideth with a bridle, for all his great strength: for if he did, neither childe nor man could rule him. Their warres are holden against the Crimme Tartarians and the Nagaians. I will stand no longer in the rehearsall of their power and warres. For it were too tedious to the reader. But I will in part declare their lawes, and punishments, and the execution of iustice. 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 |
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