The Principal Navigations, Voyages, Traffiques and Discoveries of the English Nation — Volume 03 by Richard Hakluyt
page 58 of 425 (13%)
page 58 of 425 (13%)
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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: 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 |
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