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.

BVt it is also necessary to discusse how in mat¦ters criminal the laws of Englande do fetche oute the truthe that perfectlye vnderstandinge the four∣me of bothe the lawes, wee maye the more cer∣tainelye perceaue & know whether of them bothe doth more effectually dis∣couer the hydde truthe.

Yf anye manne accused of felonye or treason in Englande doe at his ar∣reignemente beefore the Iudges deny the offence, furthwithe the sherife of the countie where y^e deede was done shal cause to co∣me before the same iudges xxiiij. good and lawefull men dwellinge nighe toe y^e village where the facte was done, suche men as

to the party accused be no thing allyed: and suche as euery of thē hathe. C.s. of land and reuenues, to cer¦tifie the iudges vpon the truthe of the crime. Whi∣che at theire appearaunce the partie accused maye challenge in lyke sorte as in actions reall maye bee done, as afore is described. And moreo∣uer the same partye in fauoure of hys lyfe maye challenge fiue and thirtie menne suche as hee moste fearethe: whyche vppon his challenge shalbee can∣celled in the pannel, or shalbee noted wyth such markes, that theye shall not passe vppon hym: thoughe hee bee not hable to shewe anye cause of his exception and challenge.

Whoe thenne can vniust lye dye in Englande for anye criminall offence, se∣ynge hee maye haue so manye helpes for the fa∣uoure of his life, and that none maye condempne him but his neighboures, good and lawfull menne agaynste whom hee hathe no mater of exception. In deede I woulde rather wyshe twentye euill doo∣ers to escape deathe tho∣roughe pitie, thenne one manne to bee vniustlye c••ndempned. And yet it is not to bee suspected, that anye off••ndoure can vn∣der this fourme escape the punishement of his offen∣ce, forasmuche as his lyfe and conuersation shalbee afterwarde a terroure to them that haue thus cleared hym of the crime.

In this kynde of procee∣dynge there is noe cruel∣tye or extremitie vsed. Nei¦ther can the innocent and vnguiltye persone be hurt in his bodye or lymmes. Wherefore hee shall not stand in feare of the sclaū∣der of hys enemies, bee∣cause hee shall not be rac∣ked or tormen••ed at their wyll and pleasure.

Thus vnder this lawe a manne maye passe his life wythe quietnes and safe∣tie. Iudge yow therefore moste noble prince whe∣ther of these lawes ye had rather chose, if you should liue a priuate life.