Page:Select historical documents of the Middle Ages.djvu/234

214 one producing different investors, the judge in whose pre- sence the ease is carried on shall require of two men of good testimony dwelling in the province of these same litigants, that they swear by an oath which of them, with- out plunder, has been the possessor of that benefice; and, the truth of the matter being known from their testi- mony, the possessor shall quietly obtain his benefice, unless, justice and judgment dictating, another shall snatch it from his hand.

8. If a rustic charge a knight with violating the peace, he shall swear by his hand that he does this not willingly but of necessity; the knight shall clear himself by the hand of four.

9. If a knight charge a rustic with violating the peace, the rustic shall swear by his hand that he has done this not willingly but of necessity ; the rustic shall choose one of two things : whether he shall show his innocence by a divine or a human judgment, or whether he shall expur- gate himself by six suitable witnesses whom the judge shall choose.

10. If for violation of the peace, or in any capital matter, a knight wishes to engage in wager of battle against a knight, permission to fight shall not be granted to him unless he can prove that from of old he himself, and his parents as well, have by birth been lawful knights.

11. After the nativity of St. Mary each count shall choose for himself seven men of good testimony, and shall wisely make arrangements for each province, and shall usefully provide for what price, according to the quality, the grain is to be sold at different times; but whoever, contrary to his ruling, within the term of the year, shall presume to sell a measure for a higher price, shall be con- sidered a violator of the peace, and shall pay as many times thirty pounds to the count as the number of measures he shall have been convicted of selling.

12. If any rustic shall carry as weapons either a lance or a sword, the judge within whose jurisdiction he shall be found to belong shall either take away the weapons, or shall receive 20 shillings for them from the rustic.

13. A merchant passing through the province on business may tie his sword to his saddle, or place it above his