20. Twentiethly, We are graciously pleased to protect in every way the Prelates, nobles, and town Councillors in their privilege of “first instance,” and every case shall be first remitted to the immediate authority, and no case shall be irregularly taken out of his hands, except where the issue is one of justice denied, but the case shall be rejected and simply remitted back to the competent Court and immediate authority, as is expressly provided in earlier Reverses. We are, however, graciously prepared to allow aggrieved persons not only the right of appeal but also the possibility of a sentence’s being quashed.
[ . . . ]
[The rest of the Article deals with special applications of or exceptions from this rule. Art. 21 amends the law against debtors. Previous enactments cannot be repealed, but all reasonable excuses or pleas for delay will be considered.]
22. Twenty-secondly, with reference to complaints that Knights are often taken to Court by their peasants and involved in unreasonable expense, the following procedure shall be followed for the avoidance of vexatious complaints: When a peasant brings an action against his lord and his complaint proves not to be well founded, he shall be punished with imprisonment in accordance with Our revised Kammergericht, in order that others may refrain from similar mischievous complaints; and should it be recognized that a townsman has accused the Council rashly, frivolously, and maliciously, he is to be punished, according to the degree of his disobedience and contumacy, either with imprisonment or with a fine, to be applied to pious causes.
The buying out of peasants is, under the Reverses of 1540 and 1572 again permitted to persons who inhabit their own properties and have no other seat or habitation, in which case, however, the peasant must be paid the value of his property, after valuation, in hard cash. The manorial authority in which the jurisdiction of the first instance is vested cannot be deprived of the right of evicting contumacious persons for grave and important offenses, but this must be done for cause stated, at an enquiry regularly appointed, and after report on the legal position.
Total expulsion of a delinquent from the country can, however, be ordered and executed only with the consent and ratification of Ourselves, Prince of the Land. We may also, given good and sufficient reason, reduce or modify a penalty imposed.
Remissions granted by manorial Courts on compassionate grounds to poor subjects in time of war are not to be taken as creating permanent situations, and shall in no way affect or invalidate the right of the lord to collect his normal rents and services.
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