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.