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Holinshed, Raphael

"England (1 of 12) William the Conqueror"


[Sidenote: The lawes were written in the Norman toong.] ΒΆ Here by the
waie I giue you to note a great absurditie; namelie, that those lawes
which touched all, and ought to be knowne of all, were notwithstanding
written in the Norman toong, which the Englishmen vnderstood not; so
that euen at the beginning you should haue great numbers, partlie by
the iniquitie of the lawes, and partlie by ignorance in misconstruing
the same, to be wrongfullie condemned: some to death, and some in the
forfeitures of their goods; others were so intangled in sutes and
causes, that by no means they knew how to get out, but continuallie
were tossed from post to piller; in such wise that in their minds they
curssed the time that euer these vnequall lawes were made.
[Sidenote: Matters to be tried by a Iurie of 12. men.] The maner for
the triall of causes in controuersie, was deuised in such sort as is
yet vsed. Twelue ancient men (but most commonlie vnlearned in the
lawes) being of the same countie where the sute laie, were appointed
by the iudges to go togither into some close chamber, where they
should be shut vp, till vpon diligent examination of the matter they
should agr?e vpon the condemnation or acquiting of the prisoner, if it
were in criminall causes; or vpon deciding in whom the right remained,
if it were vpon triall of things in controuersie.


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