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.