a.d. THE ENGLISH VOYAGES 



*553- 



[I. 241.] The duke giveth sentence himselfe upon all matters 



in the Law. Which is very commendable, that such a 

 Prince wil take paines to see ministration of justice. 

 Yet notwithstanding it is wonderfully abused : and 

 thereby the Duke is much deceived. But if it fall out 

 that the officers be espied in cloking the trueth, they 

 have most condigne punishment. And if the plaintife 

 can nothing proove, then the defendant must take his 

 oth upon the crucifixe whether he bee in the right or no. 

 Then is demanded if the plaintife be any thing able 

 further to make proofe : if hee bee not ; then sometimes 

 he will say, 1 am able to proove 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 upon the Crucifixe, that they 

 bee 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 use in that countrey : they fight 

 all on foote, & seldome the parties themselves do fight, 

 except they be Gentlemen, for they stand much upon 

 their reputation, for they wil not fight, but with such as 

 are come of as good an house as themselves. So that 

 if either partie require the combate, it is granted unto 

 them, and no champion is to serve in their roome : 

 wherein is no deceit : but otherwise by champions there 

 is. For although they take great othes upon them to 

 doe the battell truely, yet is the contrary often seene : 

 because the common champions have none other living. 

 And assoone as the one party hath gotten the victorie, 

 hee demandeth the debt, and the other is carried to 

 prison, and there is shamefully used 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 under the Crucifixe, 

 and the partie plaintife must sweare over his head, and 

 when hee hath taken his othe, the Duke taketh the 



234 



