The Visigothic code

by Unknown

TITLE I. CONCERNING JUDGES AND MATTERS TO BE DECIDED IN COURT.

I.	When Amended Laws should come in Force.
II.	The Royal Power, as well as the Entire Body of the People, should be Subject to the Majesty of the Law.
III.	It is Permitted to No One to be Ignorant of the Law.
IV.	The Business of the King shall First be Considered, then that of the People.
V.	How the Avarice of the King should be Restrained in the Beginning, and How Documents Issued in the Name of the King should be Drawn Up.
VI.	Concerning Those who Abandon the King, or the People, or their Country, or who Conduct Themselves with Arrogance.
VII.	Of Incriminating the King, or Speaking Ill of Him.
VIII.	Of Annulling the Laws of Foreign Nations.
IX.	No One shall presume to have in his Possession another Book of Laws except this which has just been Published.
X.	Concerning Fast Days and Festivals, during which No Legal Business shall be Transacted.
XI.	No Cause shall be Heard by the Judges which is not Sanctioned by the Law.
XII.	When Causes have once been Determined, at no Time shall They be Revived; but They shall be Disposed of according to the Arrangement of this Book: the Addition of Other Laws being One of the Prerogatives of the King.
XIII.	It shall be Lawful for No One to Hear and Determine Causes except Those Whom either the King, the Parties by Voluntary Consent, or the Judge, shall have Invested with Judicial Powers.
XIV.	What Causes shall be Heard, and to what Persons Causes shall be Assigned for a Decision.
XV.	Judges Shall Decide Criminal as well as Civil Causes.
XVI.	Concerning the Punishment of Those who Presume to Act as Judges, who have not been Invested with Judicial Power.
XVII.	Concerning Those who Ignore the Letters of the Judge, or His Seal, Calling Them to Court.
XVIII.	Where a Judge Refuses to Hear a Litigant, or Decides Fraudulently or Ignorantly.
XIX.	Where a Judge, either through Convenience to Himself, or through Want of Proper Knowledge, Decides a Cause Improperly.
XX.	Where a Judge, either through Deceit or Cunning, imposes Needless Costs upon Either, or Both the Parties to a Suit.
XXI.	What, First of All, a Judge should be Familiar With, in order that he may Understand a Case.
XXII.	Where the Integrity of a Judge is said to be Suspected by Any One of Honorable Rank, or where a Judge presumes to render a Decision Contrary to Law.
XXIII.	How a Judge should render Judgment.
XXIV.	Concerning the Emoluments and the Punishment of the Judge, and of the Bailiff.
XXV.	Everyone who is Invested with Judicial Power Shall Legally bear the Title of Judge.
XXVI.	Every Bond which is Exacted by a Judge, after an Unjust Decree, shall be held Invalid.
XXVII.	An Unjust Decree, or an Unjust Interpretation of the Law, Prompted by Fear of the Throne, or Made by Order of the King, shall be Invalid.
XXVIII.	Concerning the Power, conferred upon Bishops, of Restraining Judges who Decide Wrongfully.
XXIX.	The Judge, when Inquired of by a Party, should be able to give a Reason for His Decision.
XXX.	Concerning the Punishment of Judges who Appropriate the Property of Others.
XXXI.	Concerning those who Treat the Royal Order with Disdain.
XXXII.	How the Judge should Inquire into Causes by the Ordeal of Hot Water.

I. When Amended Laws should come in Force.

In assigning their place to laws which have been amended, we have considered it proper to give them the most important tank, for, as clearness in the laws is useful in preventing the misdeeds of the people, so obscurity in their provisions interferes with the course of justice. For many salutary edicts are drawn up in obscure and contradictory language, and are instrumental in promoting the controversies of litigants; and, while they should put an end to chicanery, they, in fact, give rise to new sophisms and abuses. For this reason, therefore, litigation increases; disputes between parties are encouraged; the judges become undecided, so that, in attempting to dispose of false claims and charges, they are unable to form definite conclusions, as all seems perplexed and uncertain. And because all questions which arise in suits at law, cannot be disposed of in a few words, except those which have been determined in our presence; we have decided that certain laws should be amended in this book; that doubtful matters should be made clear; that profit should be extracted from those things that are evil; clemency from those that are mortal; clearness from those that are obscure; and that perfection should be given to those that are incomplete; whereby the people of our kingdom, whom our peaceful government alone restrains, may be checked and controlled, hereafter, by the aid of said amended laws. And therefore, these laws as amended, and approved by us, and our new decrees, as set forth in this book and its titles, as well as such as may be subsequently added, shall be enforced from the second year of our reign, and the twelfth Kalends of November, and shall be binding thereafter upon all persons subject to our empire, irrespective of rank. Those laws, however, which we have promulgated against the offences of the Jews, we decree shall be valid from the date when they were confirmed by us.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.

II. The Royal Power, as well as the Entire Body of the People, should be Subject to the Majesty of the Law.

The Omnipotent Lord of all, sole Founder and Provider of the means of human salvation, ordered the inhabitants of the earth to learn justice from the sacred precepts of the law. And, because the mandate of Divinity has been thus imposed upon the human race, it is fitting that all terrestrial creatures, of however exalted rank, should acknowledge the authority of Him whom even the celestial soldiery obey. Wherefore, if God should be obeyed, justice should be highly esteemed, which, if it were thus esteemed, would be constantly practised, as every one loves justice more truly and ardently when a feeling of equity unites him with his neighbor.[2] Willingly, therefore, carrying out the Divine commands, let us give temperate laws to ourselves and to our subjects; laws such as we and our successors, and the whole body of the people, may readily obey; so that no person of whatever rank or dignity may refuse to submit to the power of the law, which the necessity and will of the King has deemed it proper and salutary to inculcate.

FLAVIUS RECESVINTUS, KING.

III. It is Permitted to No One to be Ignorant of the Law.

All true science declares that ignorance should be detested.[3] For while it has been written, “he need not understand who desires to act with propriety,” it is certain that he who does not wish to know, despises an upright life. Therefore, let no one think that he can do what is unlawful because he was ignorant of the provisions of the laws, and what is sanctioned by them; for ignorance does not render him innocent, whom guilt has subjected to the penalties of the criminal.

FLAVIUS RECESVINTUS, KING.

IV. The Business of the King shall First be Considered, then that of the People.

God, the Creator of all things, in his arrangement of the human form, placed the head above the body, and caused all the different members of the latter to originate from it, and it is, therefore, called the head; there being formed the brightness of the eyes, by which all things that produce injury can be discerned; there being born also the power of intelligence, through which the members connected with, and subject to, the head, may be either controlled or protected. For this reason it is the especial care of skilful physicians to provide the remedies for the head before treating the other members of the body; which, indeed, may not be thought unreasonable, when properly explained; because, if the head should be healthy, it is reasonable to suppose that the other members can be readily cured. For if disease attacks the head, health cannot be imparted by it to the members which are constantly being wasted by weakness. The most important duties of the prince are, therefore, the preservation of health and the defence of life; so that the proper method may be adopted in the conduct of the affairs of the people; and while the health of the king is cared for, the preservation of his subjects may be the better maintained.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.

V. How the Avarice of the King should be Restrained in the Beginning, and How Documents Issued in the Name of the King should be Drawn Up.

Earthly greatness appears the more sublime when compassion for our neighbors is displayed; and, therefore, it should be the duty of every monarch to pay more attention to the safety of his subjects than to his own personal advantage. For the greater the number of his subjects, the greater the benefit to be derived by him from them; as, however much the king may desire to profit by his individual efforts alone, there is little to be gained therefrom. Hence, the wellbeing of the people, whose bounds are not defined by the will of one, but affect the prosperity of all, is directly concerned. Wherefore, that the favor of the prince may not seem to be manifested rather in words than in deeds, he should be attentive to the unspoken wishes of his subjects; and thus unsolicited compassion may often effect what otherwise crowded assemblies would hardly be able to obtain.

For the reason that, in former times, the unbridled greed of princes despoiled the people of their possessions, and the wealth of the state was persistently wrung from the misery of its citizens; as we have already given laws to the subject, we deem it in accordance with the teachings of the Holy Spirit to place restraints upon the exactions of the prince. Hence, after sincere deliberation, as well for our own glory as for that of our successors; God being our mediator; we decree that no king shall, by any means, extort, or cause to be extorted, any documents whatever in acknowledgment of any debt, whereby any person can unjustly, and without his consent, be deprived of his property. And, if by the free will of any one the king should receive a gift, or should openly profit by any transaction, the character of the transaction or contribution should be clearly set forth in the document; by which means either the influence of the prince or the fraud of his accomplice may be readily detected. And, if it should appear that the document had been exacted from any one against his will, either the dishonesty of the prince shall be atoned for, and he shall cancel his corrupt contract, or, if he should be dead, the document shall be declared void as against him from whom it was extorted, or his heirs, and this shall be done without delay.[4] But the ownership of property whose acquisition is free from all suspicion, shall vest absolutely in the prince, and be his own forever. And whatever disposition he wishes to make of any of these things, he can make according to his judgment. But as sincerity and truth confirm all matters of this kind, whenever any documents are made for the advantage of the prince, the witnesses who have attested those documents shall be carefully examined, and if no indication of corrupt or forcible influence by the prince is apparent, or should any fraud in the execution of the document be detected; according to these circumstances the instrument shall either stand as properly made, or, having been proved to be illegal, it shall be declared void.

Similar arrangements concerning lands, vineyards, and bodies of slaves shall be observed, even when such disposition has been made of them verbally and in the presence of witnesses. In regard to all property that has been acquired by princes since the time of King Chintilanus, or that hereafter shall be acquired by others; and whatever property a king has left, or shall leave undisposed of, when it is proved to have been acquired by the head of the government; we decree that it shall belong to his successor in the kingdom, and he shall have the power to dispose of it according to his pleasure. But property obtained from relatives, or inherited from parents, shall descend to his sons, or, if he have no sons, to his legitimate heirs, as their rights may appear, or as they are acknowledged by the laws of succession: but if it should happen that he has left undisposed of any property inherited from his parents or his relatives, or derived from any contribution, or obtained by any legal contract; it shall belong, not to the successor of the kingdom, but to the sons or heirs of him who has thus acquired it. For whatever the prince is known to have possessed before his accession to the throne, either as his own property, or gained through honorable transactions with others, he shall have absolute power to dispose of according to his will, and his sons shall have full right to its inheritance; but, if he should have no sons, such property as he did not dispose of, shall descend to his lawful heirs. This law shall apply solely to, and shall be observed in, the affairs of the prince, and shall be forever enforced, and no one shall ascend the royal throne before making oath that he will observe it in all its details.

Whoever, either through an insurrection of the people, or by secret machinations, shall attain to supreme power, shall, with all his adherents, be accursed, and shall be excommunicated from the society of all Christians; and every Christian who shall have any intercourse with him shall undergo the same condemnation and pay the same penalty. And if any one holding an office in the royal palace, shall, through malice, criticise this law, or evade it in any way, or murmur against it; or shall have been convicted of having openly condemned it; he shall be deprived of all his employments and privileges, shall be stripped of half of all his possessions, shall be forcibly restrained of his liberty, and be excluded from the society of the palace. Any one in holy orders who has shared his offense, shall undergo the same confiscation of his property.

FLAVIUS CHINTASVINTUS, KING.

VI. Concerning Those who Abandon the King, or the People, or their Country, or who Conduct Themselves with Arrogance.

The extent to which the country of the Goths has been afflicted by domestic strife, and by the injuries caused by deserters and their abominable pride, is not generally known; yet it is evident in the diminution of the population; and these disturbances are the source of more trouble to the country than enterprises against the enemy. Therefore, that such contemptible conduct may be abolished, and the manifest crimes of these transgressors may no longer go unpunished, we have decreed by this law, which shall prevail through all ages, that whoever, from the time of King Chintilanus of sacred memory, until the second year of our reign, has deserted, or shall desert to the enemy; or shall repair to any foreign country; or even has wished, or shall wish, at any time, to act with criminal intent against the Gothic people; or shall conspire against his country; or, perchance, has attempted at any time to conspire against it; and has been, or shall be captured or detected in the commission of any of these offences; and if, either from the first year of our reign has attempted, or, hereafter, any one within the limits of the country of the Goths shall attempt, to foment any disorder, or cause any scandal to the detriment of our government, or of the people; or, what is unworthy to be even mentioned, may have seemed to have plotted our death or injury, or shall hereafter plot against subsequent kings; or has appeared, or shall appear, to manifest, in any way, the intentions of a traitor; whoever shall be found guilty of all of these crimes, or of any one of them, shall undergo sentence of death; nor shall any leniency be shown him, under any condition, except that his life alone may be spared through the considerate pity of the prince. But this shall not be done until his eyes have been put out, so that he may not see the wrong in which he wickedly took delight, and may henceforth drag out a miserable existence in constant grief and pain. The property of such atrocious criminals shall belong absolutely to the king, and whoever he bestows it upon shall possess it in security forever; and no succeeding king, at any time, shall presume to review the cause, or shall interfere, in any way, with this sentence. But, as many are found who, having been implicated in these, and in similar wicked designs, and have fraudulently transferred their property to the Church, or to their wives, or to their sons and friends, or to other persons; or have secretly conveyed said property to foreign countries, in order that they may claim said property, and demand its possession thereafter; when, in fact, none of said property has been alienated, and the papers evidencing its transfer are fraudulent, making false representations under an appearance of truth; therefore, we have decided to abolish this most iniquitous fraud by the decree of this law; so that, wherever documents have been drawn up with a manifest intention to wrong or deceive, any property owned by a person who has been convicted of such criminal practices shall be confiscated for the use of the royal treasury; and it is hereby declared that all such property above mentioned shall be at the disposal of the king, and he shall hereafter do with it whatever his judgment dictates, but whatever other provisions relating to a fraud of this description are contained in other laws, are hereby confirmed in all their force.

All persons to whom pardon has been granted by preceding kings are expressly excepted from the penalties of this decree; and if, through motives of humanity, the king should wish to bestow anything upon a criminal, it should not be taken from the property belonging to the malefactor, but must be obtained from such other source as it may please the king; and it shall be only lawful for him to give an amount equal to the twentieth part of the inheritance of the criminal.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.

VII. Of Incriminating the King, or Speaking Ill of Him.

As we have forbidden all persons to either plot treason, or to institute violence against the king, so it shall also be unlawful to either accuse him of crime, or utter maledictions against him. For the authority of the Sacred Scriptures does not permit evil to be spoken of one’s neighbor, and declares that he who curses the prince, is an offender against the people. Wherefore, whoever shall accuse the prince of crime or shall utter curses against him, and, instead of humbly and respectfully admonishing him as to his life, shall boldly insult him with pride and contumely; or, in order to degrade him, shall refer to him in ignominious, base, and injurious language; if the offender should belong to the nobility or to a family of high rank, no matter whether he is a member of the clergy or of the laity, as soon as he has been detected and convicted, he shall forfeit half of all his property, which the prince shall have the privilege of disposing of according to his pleasure. If, however, he should belong to the lower classes, or those without dignity and position, both his property and his person shall be at the absolute disposal of the king. And even should the king be dead, these same provisions shall apply to whoever dares to defame his memory.[5] For the living vainly cast the darts of slander against the dead, who, having departed this life, cannot be affected by abuse, or influenced by criticism. But, for the reason that he is evidently insane who heaps detraction upon one who cannot comprehend it; the slanderer shall receive fifty lashes, and his presumption shall be silenced. But the privilege is given freely to all, while the prince is either living or dead, to discuss all matters pertaining to any cause he may have before the legal tribunals and to use such arguments as may be proper and right, and obtain such judgment as he may be entitled to; for, by this means, we endeavor to establish reverence for human dignity, as well as to maintain faithfully the justice of God.

FLAVIUS CHINTASVINTUS, KING.

VIII. Of Annulling the Laws of Foreign Nations.

We both permit and desire that the laws of foreign nations shall be studied for the sake of the useful knowledge that may be obtained from them, but we reject and prohibit their employment in the business of the courts. For although they may be couched in eloquent language, they abound in difficulties; and so long as the methods, principles and precepts contained in this body of laws suffice for the purposes of justice, we are unwilling that anything more be borrowed, either from the Roman laws, or from the institutions of foreigners.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.

IX. No One shall presume to have in his Possession another Book of Laws except this which has just been Published.

No one of our subjects, whosoever, shall presume to offer to a judge as authority, in any legal proceeding, any book of laws excepting this one, or an authorized translation of the same; and any person who does this shall pay thirty pounds of gold to the treasury.[6] And if any judge shall not at once destroy such a prohibited book when it is offered him, he shall undergo the above named penalty. But we decree that those shall be exempt from the operation of this law, who have cited former laws, not for the overthrow of ours, but in confirmation of causes which have previously been determined.

THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.

X. Concerning Fast Days and Festivals, during which no Legal Business shall be Transacted.

No litigation shall be commenced on Sunday, for religion should take precedence of all legal matters, and upon that day no one shall presume to subject another to annoyances either for the trial of a case, or for the payment of a debt; nor shall any person be permitted to bring a suit at Easter; that is, for fifteen days, the seven which precede the celebration of that festival, and the seven which follow it. The days of Christmas, of the Circumcision, of the Epiphany, of the Ascension, and of Pentecost shall be observed with the same reverence; and, in like manner, during the harvest festivals, from the fifteenth Kalends of August, to the fifteenth Kalends of September, the same pious conformity shall be required. But in the province of Carthage, by reason of the constant ravages of the locust, we decree that the harvest festival shall be celebrated from the fifteenth Kalends of July to the fifteenth Kalends of August; and, on account of the vintage, from the fifteenth Kalends of October to the fifteenth Kalends of November.

This provision we decree shall be obeyed by all; so that, during these festivals, no one may be summoned to court, or subjected to prosecution, unless the suit in which he is concerned has already been brought before the judge. For there can be no reason, if the action should still be undecided, that he who has been sued should be placed at any disadvantage on account of holidays. And if either of the parties is a person of credit and honor, he may depart the court, under his promise to return. But if he should be of doubtful faith, he shall provide securities for such time as is necessary; either until the cause has been decided, or until the judge shall appoint a time for it to be heard. An exception should be made, however, against those who have committed a crime punishable with death, who may be arrested upon any of the hereinbefore mentioned days, and kept in close custody, until Sunday or the above-named festivals shall have passed, when they shall be subjected to the vengeance of the presiding judge. The harvest or vintage festivals shall, in no way, interfere with the punishment of criminals and malefactors worthy of death. But the law shall not hold him excusable who, not yet having been brought into court, knows that he shall eventually be summoned there, and who, concealing himself for the rest of the time, appears in the presence of him to whom he is liable, only on the festival days aforesaid, thinking that, through no process of the law, he can be held until the cause is heard: such a person we decree shall be placed under restraint until the case of plaintiff shall have been disposed of. And if there should be any one concerning whose good faith there may be suspicions, and who cannot find security, he shall remain in custody, until, the holidays having expired, the cause in which he has been summoned shall be decided. And if any one shall presume to act contrary to the decree of this law, and shall come to the judge with a complaint upon the days which are prohibited, as aforesaid, he shall be scourged in public with fifty lashes.

XI. No Cause shall be Heard by the Judges which is not Sanctioned by the Law.

No one has a right to hear a cause which is not authorized by the laws; but the governor of the city or the judge, either in person, or by their messengers, may cause both parties to appear before the king, that the matter may be disposed of at his discretion; and, after this promulgation, such decisions shall have all the force of law.

FLAVIUS RECESVINTUS, KING.

XII. When Causes have once been Determined, at no Time shall They be Revived; but They shall be Disposed of according to the Arrangement of this Book: the Addition of Other Laws being One of the Prerogatives of the King.

Whatever legal proceedings have heretofore been begun, but remain unfinished, we decree shall be disposed of according to these laws. But those causes which, before these laws have been amended by us, have been legally decided, that is, according to the tenor of the laws which prevailed previous to our reign, shall under no circumstances whatever be revived. But, if the judgment of the prince should approve it, and conditions require it, he shall have the right to add other laws, which shall have the same validity and force as those now in existence.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.

XIII. It shall be Lawful for No One to Hear and Determine Causes except Those Whom either the King, the Parties by Voluntary Consent, or the Judge, shall have Invested with Judicial Powers.

It shall be lawful for no one to decide causes unless authorized either by the mandate of the prince, or by the consent of the parties evidenced by an agreement made in the presence of three witnesses, and attested by their seals or signatures. If those, however, who have received from the king authority to preside in court, or those who exercise judicial functions either through the appointment of magistrates or judges, should delegate their powers in writing to others who are properly qualified, the latter shall have the same power in determining or settling affairs pertaining to their offices, as the judges themselves, or the other officials from whom they received their commissions.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.

XIV. What Causes shall be Heard, and to what Persons Causes shall be Assigned for a Decision.

While deputies are permitted to render judgment in certain criminal and civil cases, they must not presume to release criminals under the sentence of the law, but shall see that said sentence is duly executed; and those who choose such deputies, should solemnly impress upon them that, during their absence, they should act with moderation and decide with justice.

THE GLORIOUS FLAVIUS RECESVINTUS, KING.

XV. Judges Shall Decide Criminal as well as Civil Causes.

The judges shall have all of the business of the court under their control, as they have full authority to dispose of all criminal and civil business. But Defenders of the Peace cannot dispose of other causes than those which the royal power has permitted them to determine. The Defender of the Peace is he who has been appointed by the royal authority for the sole purpose of settling legal disputes between the parties.

FLAVIUS CHINTASVINTUS, KING.

XVI. Concerning the Punishment of Those who Presume to Act as Judges, who have not been Invested with Judicial Power.

No one shall presume, either by decree, or by means of a bailiff, to either imprison or oppress any person, in any way, in a district over which he has not been appointed, or where he has no judicial authority, unless by the order of the king, or by agreement of the parties, or under instructions of a governor or a judge, in accordance with what has been stated in a former law relating to the appointment of judges. And, where a non-appointed judge, as aforesaid, is guilty of usurpation, and unlawfully presumes to do things that are prohibited; as soon as this fact shall come to the knowledge of the governor of the province, whether he is acting in his own proper person, or by a deputy, he shall cause the illegal act to be punished; and the magistrate who has thus exceeded his authority shall pay a pound of gold to him whose rights have been affected, if insult or injury have alone been committed. But if said person who has illegally assumed judicial functions, shall boldly deprive anyone of any property, or order it to be done, he shall not only make restitution, but shall be compelled to surrender an equal amount of his own property to the party injured. And if any judge shall appoint his own slave, or the slave of another, to transact any legal business, the judge who appointed him shall render full satisfaction to the law for whatever injustice said slave shall commit. Any bailiff who, acting under the orders of such an usurper of judicial authority, shall arrest or imprison any one, or remove any of his property, shall be scourged with a hundred lashes, and, in this way, shall pay the penalty of his insolence.

FLAVIUS CHINTASVINTUS, KING.

XVII. Concerning Those who Ignore the Letters of the Judge, or His Seal, Calling Them to Court.

When application has been made to the judge by a plaintiff, he may compel the other party to come into court, either by means of a letter or by his seal, in this manner, to wit: that the messenger of the judge shall offer the letter or seal to him who has been summoned, in the presence of respectable witnesses. And if after having received said summons, he should either delay, or refuse to appear, he shall forfeit five golden solidi to the plaintiff, on account of his delay or refusal, and five more to the judge on account of contempt. But if he should not have the means to pay this fine, he shall, for each offence, receive fifty lashes in the presence of the judge, but they must be so inflicted as to place upon him no permanent mark of infamy. But if he should only be guilty of contempt, and should not have the means wherewith to render satisfaction, he shall receive thirty lashes, without further penalty. And if he who has been sued shall declare, before he receives punishment from the judge, that he has, in no way, been guilty of delay or contempt, and shall be unable to prove this fact by witnesses, and shall make oath that, at no time, has he been guilty of contempt as aforesaid, he shall be exempt from the condemnation and punishment hereinbefore mentioned. But if any bishop, relying upon the privileges of the sacerdotal order, shall ignore the summons of the judge, and neglect to give security for his appearance, he shall, without delay, be compelled, either by the presiding judge, or by the governor or lord of the province, to pay a fine of fifty solidi: of which sum the judge shall receive twenty solidi, on account of contempt, and the plaintiff the remaining thirty. But if any priest, deacon, clerk, or monk, after receiving the letter or seal of the judge, should delay to answer either in his own person or by a representative, or should continue obstinately in contempt, he shall undergo the punishment hereinbefore mentioned, according to the provisions of the law relating to the laity; and if he should not have the means to pay his fine, the bishop may be notified, that he may have the privilege of paying the same for him, if he so desires. But if he should be unwilling to do so, the bishop must bind himself by oath, in the presence of the judge, that he will place the above-named person under such restraint that he shall be compelled to fast continuously for the space of thirty days, and shall only receive each day at sunset, a little bread and water; that, by this means, his contumacy may be punished in a proper manner. It shall always be in the discretion of the judge, that if it should be evident that, either through age or sickness, a severe sentence could not be endured; the judge shall not inflict the extreme penalty upon any one belonging to any rank of the clergy, or upon a layman; but the illness or age of the offender being taken into consideration, he may impose such a penalty that the person in contempt may not thereby undergo either great weakness or exhaustion, or death. Any one who refuses to obey the mandate of the judge, and conceals himself, so that the judge cannot easily find him, and does not present himself in court within four days after the appointed time, but presents himself upon the fifth day, shall not be subject to the sentence of this law. In like manner, if any one who, at the time, is distant more than a hundred miles, should appear upon the eleventh day after the appointed time, he shall not undergo the penalty of this law. And also, if he who is distant two hundred miles, should present himself in court on the twenty-first day after he has been summoned; he shall be free from punishment under this law. And a similar regulation shall prevail where the length of the journey is still longer. And, finally, if he to whom reasonable time has been given, should purposely delay, and does not appear, upon the last day prescribed by law, the judge shall at once grant the prayer of the plaintiff; and if, subsequently, the other party should appear in court, and the twenty-first day shall have passed, he shall be fined twenty solidi of gold. And if he that is distant more than a hundred miles, should exceed the term of eleven days, he shall be liable to a fine of ten solidi: of which the judge shall reserve for himself half, and the other half shall be given to the plaintiff. But if sickness should prevent one who is summoned from appearing; or if he should be hindered by an inundation; or his paths across the mountains should be obstructed by snows; this must plainly appear; and the truth must be established either by credible witnesses, or by the oath of the party himself.

FLAVIUS CHINTASVINTUS, KING.

XVIII. Where a Judge Refuses to Hear a Litigant, or Decides Fraudulently, or Ignorantly.

If any one should file a complaint against another before a judge, and the latter should refuse to hear him, or deny him the use of his seal, or, under different pretexts, should delay the trial of his cause, not permitting it to be heard, through favor to a client or a friend, and the plaintiff can prove this by witnesses, the judge shall give to him to whom he has refused a hearing, as compensation for his trouble, a sum equal to that which the plaintiff would have received from his adversary by due course of law; and he who brought the suit may have it continued until the time appointed by law; and, when it comes before the court for trial, he shall receive the judgment to which he is entitled. But if the plaintiff should be unable to prove either the fraud or undue procrastination of the judge, the latter shall make oath that he, through no malice, nor through favor or friendship, has delayed the hearing, and, by reason of this oath, the judge shall in no manner be deemed guilty.

The judge shall be permitted, for two days in every week, or every day during the noon hour, to desist from holding court, and to repose in quiet at home. But, for the remaining time, he shall attend to the business of his office, and, without any unnecessary delay, determine such matters as may be brought before him.

XIX. Where a Judge, either through Convenience to Himself, or through Want of Proper Knowledge, Decides a Cause Improperly.

If any judge should render judgment for the sake of gain, and direct that any one should be treated with injustice, he who has been benefited by the decision of the said judge shall make restitution. And the judge himself, who has thus acted contrary to the precepts of equity, shall surrender to the losing party the same amount of his own property, as he has ordered him to be deprived of; that is to say, that in addition to the restitution that has been made, he shall, in satisfaction for his improper conduct, give to him whom he unjustly condemned, a sum equal to that which was disposed of by his decree. But if he should not have sufficient property wherewith to make amends, he shall be deprived of all that he is known to possess, and shall be delivered as a slave to him to whom he is indebted, or, after having been exposed in public, he shall receive fifty lashes. But if he shall have rendered an unjust judgment through ignorance, and can declare under oath that he has done this only through want of knowledge, and not through partiality or cupidity, or for the sake of profit, his judgment shall be invalid, and he himself shall not be considered guilty.[7]

FLAVIUS CHINTASVINTUS, KING.

XX. When a Judge, either through Deceit or Cunning, Imposes Needless Costs upon Either, or Both the Parties to a Suit.

It is part of our duty quietly and carefully to admonish judges not to subject litigants to unnecessary delay, or impose heavy costs upon them. But, if it appears that, through craft or cunning, a judge has so delayed matters that one or both parties have suffered injury, he shall be compelled to refund to them all costs that have been incurred after eight days from the time the action was begun; the facts having been established under oath. But if either through illness or from considerations of public utility, the judge should be prevented from performing his duties, he shall not subject the litigants to delay, but shall dismiss them at once, and shall appoint a time for the hearing of the cause.

XXI. What, First of All, a Judge should be Familiar With, in order that he may Understand a Case.

In order that he may be perfectly familiar with a case the judge should first interrogate the witnesses; then he should examine the documents, if any there be; and, that the truth may the more certainly be determined, the oaths of the parties should finally be taken with all due reverence. The true investigation of justice demands that written instruments should take precedence over everything else; and that necessity alone justifies the administering of oaths to the parties. But in those cases where there is no documentary evidence, or other proof, or where the judge shall not be able to decide without it, the parties to the suit shall be sworn.

FLAVIUS CHINTASVINTUS, KING.

XXII. Where the Integrity of a Judge is said to be Suspected by Any One of Honorable Rank, or where a Judge presumes to render a Decision Contrary to Law.

If any one should declare that he suspects the integrity of either a judge, a governor, a vice-governor, or any other official, and demands access to his superior, or shall even allege that he has suspicions of that superior himself, he shall not be subject to delay on this account, especially if he should be poor. But those who decide the case shall do so with the bishop of the diocese, and their opinions and judgment shall be reduced to writing, and be signed by them; and he who has declared that he suspected the judge, should he desire to bring a suit against him, after judgment has been rendered in the case in question, shall have the right to summon that judge to appear before the king. And if a judge or an ecclesiastic should be convicted of having decided wrongfully in any cause, the property of which the complainant has been deprived shall be restored to him, and an equal quantity of property shall be given him by way of satisfaction, by those who are proved to have rendered an unrighteous judgment. And if anyone should lodge an unjust complaint against a judge, and it should appear that the cause in question has been properly decided, the accuser shall undergo the same penalty which the judge would have suffered. And if he should not have the property wherewith to make amends, after having been exposed in public he shall receive thirty lashes in the presence of the judge himself.

If anyone, however, should allege that he possesses information which relates to the interests of the Crown, access to our presence shall not be denied him.

FLAVIUS CHINTASVINTUS, KING.

XXIII. How a Judge should render Judgment.

If the lawsuit is important, of matters involving the ownership of valuable property are in question, the judge shall, in the presence of both parties, make two copies of the decree, which shall be exactly similar in text and signature, and each party shall be given one of them. But where affairs of minor importance are concerned, only such things as have been testified to in favor of him who prevailed, shall be reduced to writing by the judge. He who has been defeated shall be entitled to a transcript of the decree and of the testimony of the witnesses, should he desire it. But if the party who has been brought into court in any case, shall declare in the presence of the judge that it is not necessary for the plaintiff to introduce any evidence, the judge shall put the decree in writing, and confirm it with his signature, however insignificant the action may be, in order that the matter may not, under any circumstances, be brought up again in the future. But if, under an order of the court, one party should offer witnesses, and, at the time that their testimony is to be heard, the other party should absent himself without the knowledge of the judge, the testimony of the witnesses shall be received, and what they have established by their evidence shall be given in writing, under seal, to him who produced them. It shall not be lawful for him who fraudulently left the court to afterwards offer any evidence in the case, but he shall have the privilege, before the death of any witness who has testified against him, to adduce any reasonable accusation against him, which shall be heard by the judge; and if the accused witness should have been manifestly guilty of perjury, his testimony shall be rejected. And if, after such examination, all the witnesses should be impeached but one, he who has offered the testimony, must produce other witnesses to prove his case, within the space of three months. But, if he is unable to find any, the property in question shall remain in the possession of him who formerly held it. The judge shall always keep copies of the judgment which he has rendered, to prevent a renewal of any controversies in the future.

FLAVIUS CHINTASVINTUS, KING.

XXIV. Concerning the Emoluments and the Punishment of the Judge, and of the Bailiff.

There are some judges who, on account of cupidity, and in violation of the provisions of the law, presume to reserve for themselves the third part of the property involved in the causes which are brought before them; wherefore, we now decree by the present law, in order to effectually abolish this practice, that no judge shall accept more for his trouble, after the case has been properly considered and decided, than has been fixed by a former law, to wit, twenty solidi. If any one should fraudulently attempt to extort more than this sum, he shall lose the entire compensation which he would have lawfully received; and also, because he has unjustly appropriated more than twenty solidi, contrary to the provisions of the law, he shall pay double that amount to him from whom he directed it should be taken. And likewise, because we are aware that certain bailiffs who busy themselves in the affairs of others, receive greater compensation for their labor than they deserve; we also decree by this law, that no bailiff who is employed in any lawsuit, shall have more than ten solidi for his fee. And if any one should presume to extort more than this established amount, he shall not only lose his legitimate fee, but also he shall restore to the person from whom he received it, double the amount which he has extorted. The fees of both judge and bailiff shall be paid by the party against whom judgment is rendered; and if a case should occur where a settlement cannot be made, the legal compensation of the judge and the bailiff shall be required of both parties. The same rule shall apply to a debtor who did not return upon the appointed day, the money which he has borrowed; as well as to one who unjustly retains the property of another; and also, in cases of partition, where both parties demand their rights from the judge, it shall be required of each of them, that he pay to the court his portion of the fees aforesaid. And, likewise, where no crime has been proved; or no contempt, unlawful possession, or indebtedness have been established; this provision shall be in force, and the fees of the judge and the bailiff shall be paid by both parties.

In cases of partition, where one of the parties causes unnecessary delay; as soon as the fact shall come to the knowledge of the judge, he may exact his fee and that of the bailiff from him who has delayed to assert his claims within the specified time. If any corrupt bailiff should fail to execute an order of the judge, when the property involved is worth an ounce of gold, or less, the bailiff shall pay to him who is entitled to the judgment, a solidus of gold; and where the property is worth more, he shall pay for every ounce, a solidus, on account of his delay. And if the property in question should be worth more than two ounces, and not more than a pound of gold, said bailiff shall receive ten lashes, and the number of lashes shall increase with the number of pounds of gold.

If the cause or the party is of minor importance, and the bailiff must travel to perform his duties, he shall be entitled to two common horses, from the plaintiff, in addition to his fees. But if the cause should be important, and the party of high rank, the bailiff shall not be entitled to demand more than six horses for the purpose of his journey.

FLAVIUS RECESVINTUS, KING.

XXV. Every one who is Invested with Judicial Power shall Legally bear the Title of Judge.

As the remedies of the law are applied in many ways, it is decreed, that a duke, count, vicar, deputy, and any other official, who, either by the royal order, or by consent of the parties, has been, or shall be, selected to determine questions of law; or any person of whatever rank invested with the legal right to preside in court; as well as all to whom has been delegated the power to decide causes; shall be invested with the name of judge, and shall be entitled to the rights, and subject to the liabilities of that office, whether these relate to the emoluments or the penalties attaching to the same.

XXVI. Every Bond that is Exacted by a Judge, after an Unjust Decree, shall be held Invalid.

We occasionally find that justice is distorted, and deprived of its proper force, by unjust judges; and see injustice, confirmed by their decrees, prevail in its stead. And, indeed, certain judges after they have rendered unjust decrees, cause one or both the parties to bind themselves in writing, in order that the wrongful judgment that has been rendered may not at any time thereafter be remedied; but where such a transaction is not fair and honorable, but entered into with the manifest intention of oppressing any one whose cause is just, the matter may be reviewed; and all obligations relating thereto shall be declared invalid, and not, in any way, authorized by law.

FLAVIUS RECESVINTUS, KING.

XXVII. An Unjust Decree, or an Unjust Interpretation of the Law, Prompted by Fear of the Throne, or Made by Order of the King, shall be Invalid.

Sometimes the influence of power defeats the ends of justice, and although it often prevails, it is certain that it always inflicts injury; for, when the abuse of authority once causes oppression, it never permits the restoration of justice to its original integrity. Therefore, as judges through fear, or at the command of princes, sometimes decide questions contrary to law, for the sake of the peace of our kingdom we have determined to cure two diseases with one remedy; declaring that when it should have been discovered that any document has been drawn up, or any judgment rendered, not according to justice or to the established laws, but by the command or through the dread of the king, then that which is evidently contrary to justice and to the laws shall be void; and those who have rendered the judgment or have caused it to be rendered, shall receive no mark of infamy, nor be subjected to any punishment whatever; and any judge shall be immune from the penalties of the law, if he will swear that he has decided wrongfully, not through his own depravity, but on account of royal compulsion.

FLAVIUS RECESVINTUS, KING.

XXVIII. Concerning the Power, conferred upon Bishops, of Restraining Judges who Decide Wrongfully.

We direct the ministers of God, to whom the Divine authority has been committed to remedy the misfortunes of oppression and poverty, that they admonish, with paternal piety, such judges as oppress the people with unjust decrees, by which means such wrongs may be remedied. But if any magistrate, invested with judicial functions, has either decided unjustly, or has imposed a wrongful sentence upon any one, then the bishop in whose diocese this has been done, shall summon the judge who is alleged to have acted unjustly, and shall render a just decision, sitting along with him, in the presence of ecclesiastics, or other persons of respectability. But if the judge, moved by perversity, refuses to correct the iniquitous judgment given by him, after the bishop has exhorted him to do so, then the bishop shall have the privilege of reviewing the case, and of rendering judgment alone; and the wrongful decision of the judge, subsequently set aside by him, as well as his own decision, shall be committed to writing, and be deposited among the records of the court. The bishop shall so act toward the party who has been oppressed, and liberated by him from that oppression, that truth may be established and confirmed by our authority. If the judge should prevent the party whom he has oppressed from appearing before the bishop, he shall forfeit two pounds of gold to the king.

FLAVIUS CHINTASVINTUS, KING.

XXIX. The Judge, when Inquired of by a Party, should be able to give a Reason for His Decision.

Every judge is hereby admonished that if a demand is made upon him by any one, he shall give the reasons, in their proper order, for the decision he has made; and this he shall do, either in the presence of the governor of the city, or of those whom the governor has chosen to represent him. And if the matter has been brought before the king, those judges whom the king shall appoint for the purpose, shall decide the cause, without the presence of the bishop and the other judges. And if, after the action has been brought to an end, either before the bishop or before the governor, either of the parties should present himself, a second time, with the royal order, he who heard or decided the cause in the first place, must account for his conduct to those who have been specially appointed judges by the royal decree; so that in case he should be found to have rendered an improper decision, he may give satisfaction therefor to the plaintiff before the law. And if the plaintiff shall have filed an unjust complaint, he shall be condemned to suffer the legal penalty prescribed for the same.

FLAVIUS RECESVINTUS, KING.

XXX. Concerning the Punishment of Judges who Appropriate the Property of Others.

While it is evident that judges have been appointed for the purpose of remedying evils, some of them, on the other hand, with all the insolence of power, attempt to attack those very things which, according to the principles of equity, they ought to defend. For, once invested with authority, some judges do not hesitate to assume illegal control over the property of others; and do not fear, under almost any pretext, to subject them to unreasonable expense in the exercise of official tyranny. Henceforth, any judge who shall take any property belonging to another, contrary to an order of court, or in violation of law, or shall injure said property in any way, shall be condemned to suffer the same penalty which he, acting in his judicial capacity, would have imposed upon any one guilty of the same offence.

FLAVIUS RECESVINTUS, KING.

XXXI. Concerning those who Treat the Royal Order with Disdain.

Any freeman who shall have been convicted of having disobeyed the royal summons, or shall have been proved to have acted in such a manner that his duplicity is apparent, and shall say contrary to the truth, that he has neither seen nor received the summons; if he is a person of noble birth, he shall pay three pounds of gold to the treasury; but, if he should not have sufficient property to pay this fine, he shall receive a hundred lashes with the scourge, without any degradation of rank. But if he should have been prevented from travelling by sickness, tempest, inundation, or snow, or by unavoidable trouble of any kind, and this should be established by the testimony of reliable witnesses, he shall not be considered guilty of disobedience to the royal order, or be liable to any punishment, as it is evident that the delay was the result of manifest necessity.

XXXII. How the Judge should Inquire into Causes by the Ordeal of Hot Water.

We are aware that many persons assert that they have received injuries at the hands of freeborn citizens; and it is our opinion that torture should be applied in such instances, where an amount exceeding three hundred solidi is involved; and we now declare this to be a salutary measure, and decree that whenever crime has been committed by any one, where a small amount of property is concerned, the ordeal by hot water be instituted by the judge; and should the accused appear to be guilty, the judge shall not hesitate to put him to the torture, and after confession has been obtained, he shall inflict upon the criminal the sentence of the law provided in such cases. If, after the test, he should prove to be innocent, his accuser shall incur no reproach whatever. This test shall also be applied to suspicious persons who present themselves in court to give testimony against others.[8]