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.