A learned commendation of the politique lawes of Englande vvherin by moste pitthy reasons & euident demonstrations they are plainelye proued farre to excell aswell the ciuile lawes of the Empiere, as also all other lawes of the world, with a large discourse of the difference betwene the. ii. gouernements of kingdomes: whereof the one is onely regall, and the other consisteth of regall and polityque administration conioyned. written in latine aboue an hundred yeares past, by the learned and right honorable maister Fortescue knight ... And newly translated into Englishe by Robert Mulcaster.

Twelue good & lawefull mē beīg at y^e last swor∣ne in fourme aforsaid, ha∣uing besides their mouea∣bles, sufficiēt possessiōs as afore is declared, wherby they may be hable to maī¦taī their own states, & be∣ing to neither partye sus∣pected or hated, but neigh∣bours to thē both, thē shal¦be red before thē in Eng∣lish by y^e court al y^e recorde & processe of the plea de∣pendynge beetwene the

parties, with a plaine de∣claracion of the yssue of y^e plea, touchinge the trueth whereof those sworne mē shall certifie the courte. Whyche thynges beinge done eyther party by him¦selfe or his coūsellours in the presence of the courte shal vtter and open to the saide sworne men all and singuler maters and eui∣dences whereby he thyn∣kethe he may best informe them of the truethe of the yssue so impleaded. And then maye eyther partie bring before the same Ius¦tices and sworne menne al and singuler suche wit∣nesses on his beehalfe as hee will produce. Who by the Iustices beeinge charged vpon the holye gospell of godde, shal tes∣tifie

al thinges proouynge the truthe of the fact, whe¦reupon the parties cōtend And if neede so require, those witnesses shalbe se∣uered and deuided til they haue deposed all that they wyll, so that the sayinge of one shall not mooue or prouoke an other to testy∣fye the lyke. The premis∣ses beeynge done, then af∣ter that those Iurers ha∣ue had talke at theire plea¦sure vppon the truethe of that yssue wythe asmuche deliberation as themselfs shall require, in the kee∣pynge of the ministers of the courte wythin a place to them for the same pur∣pose assigned, to the in∣tente that noe manne in the meane tyme may cor∣rupte them, theye shall

retourne into the courte, and certyfie the Iustices vppon the decitie of the ys¦sue so ioyned in the pre∣sence of bothe the partyes (if theye willbe there) and specially of the plainetyfe The reporte of whiche Iu¦rers by the lawes of Eng¦lande is called a verdycte: by the whyche woorde is mente, a true reporte, or a reporte of the truethe. And thenne accordyng to the qualitie of that vere∣dicte the Iustices shall fra¦me and fourme their iud∣gemente. Notwithestan∣dynge yf the other par∣tye, agaynste whom the verdycte is geeuen com∣playne that hee is there∣by vniustly greeued, then the same partye maye sue a writte of attyncte

agaynst those Iuries, and against the partie y^t hathe preuayled. By force of whiche write if it shalbee found by the othe of .xxiiij. men in fourme aforesaide retourned elect and swor∣ne, whiche shalbee men of muche greater lyuynges then the first Iurers were that the same first Iurers haue made a false othe, then the bodies of y^e same fyrste Iurers shalbee com¦mitted to the kynges pri∣sone, theire goodes shall∣bee confiscate, and al their possessions shalbee seased into the kinges handes. theire howses also & buil∣dynges shalbee rased and throwne downe, there woodes felled, and theire medowe groūdes plowed And also y^e same f••rst Iu∣rers

shal for euer after be noted for infamed persōs, and shal in no place be re∣ceaued to testifie the truth And the partie whiche in the former plea had the ouerthrowe, shalbe resto∣red to all thynges whyche by occasion thereof he ha∣the lost. Who thē, though he regarde not his soules healthe, yet for feare of so greate punishmente, and for shame of so greate in∣famye woulde not vppon his othe declare the trueth And if one man parauen∣ture haue so litle respecte to hys honoure or estima∣tion, yet some of so ma∣nye Iurers wyll not neglecte theyre owne good fame, nor wyl not thoroughe theyre owne defaulte suffre themselfes

thus to be spoyled of their goodes and possessions. Is not this order now for the boultynge oute of the truethe better and more effectuall, then the pro∣cesse which the Ciuile la∣wes do procure? Here no cause nor no mans ryghte quailethe throughe death, or for wante of witnesses Here are not brought f••r∣the vnknowen witnesses, hiered persons, pore men, vagaboundes, vnconstant people or suche whose con¦ditions and naughtynes is vnknowen. These wit¦nesses are neygheboures hable to lyue of theyre owne, of good name and fame of honeste reporte, not brought into the court by the partye, but by a

worshipfull and indiffe∣rent officer chosen, and so compelled to come before the iudge. These knowe all that the witnesses are hable to depose, ••id theye knowe allso the constan∣cye and vnconstauncye of the witnesses, and what reporte goethe vppon thē. And what wyll ye haue more. Doubtles there is nothynge that maye dys∣close the truethe of anye doubt fallynge in conten∣tion, whiche can in anye wyse be hydde from suche Iurers, so that it be possi∣ble for the same to come to mans knowledge.