Page:History of Manchester (1771), Volume 1, by John Whitaker.djvu/312

Chap. VIIL OF'MANCHES: 1^ R. 281 Ivith the fimpleft forms, and was confequently decided in a furn- mary manner. At the commencement of the caufe, the plaintiff and defendant were ordered to propound their picas, and were . allowed three nipe or fourteen days for producing their wit-r nefles, according to the diftances at which they aflerted them to xefide from them; Upon the day appointed the judges repaired to the disputed eftate, and each took his feat in the open air, the king or his deputy firft feating himfelf with his back to the fun or weather. The parties gave fecurities for their peaceable fubmiflion to the award of the court, fecurities that were a&ual hoflages and were lodged in a priibn. Silence was proclaimed in the court, the breach of it was feverely fineable, and each |>arty in perfon briefly ftated the nature of his caufe and offered to produce hk> witnefles. If thp witnefles were actually prefent, the, caufe. was immediately determined. If the witnefles .were abfent, another interval of three nine or fourteen .days wa$ allowed. The fecond meeting was decifive. . The; hoflages were brought .into court, the. witnefles delivered their teftimonies, and . the. judges retired for confutation. The perfonal.digpUy as well as the. aftyal mjmber of the witnefles influenced the decifion. ^Vnd contrary to .all.. thp principles of equity, which upon an equality of evidence ,always determine in .favour of the pofleflbr* the defendant was abfolutely nonfyited, unlefs his witnefles were not jonly equal but even fuperior in number and dignity to the . P lauitjffV • t • i 1 Caejarp* 3 and 114/ And fee below.—* Howel lib. ii. c. 19. — J See Wotton's Gloflary tQ Howel ,urider Diffaith Brenin.— 4 Howel lib. iii. c. 27.^.25. And fee lib. ii. c. 19, Moha p. 117, and Davies p* 134. — 5 Csefar p. 3 and 7 and 1 1 7.— - 6 Caefar p. 2. 7 JDioderus p. 347,* v^ko-pLv^Trp^ jfo-t^, and Gsiar p. 88,. Homi- num eft infinita.multitudo. — >' Tacitu6 Agric. Vit. c. 17, Bri- gantes — civitas numerofiflima totius.provinciae. — • See b.lLch.iv. {. 2. — 10 Capfar p« u8 concerning the Gauls, Plebs. pene fervo- rura habetur loco, quae per fe nihil audet, & nuili adhibetur Oo ' concilio.