A judge shall not inflict torture upon any person accused of crime,
before he who brings the accusation (if he is unwilling to produce the
informer in court), enters into an obligation in writing, confirmed by
the signatures of three witnesses, that if the accused is proved to
be innocent by competent evidence, he himself will suffer the penalty
which he attempted to inflict upon another. After the innocence of the
accused has been established, the accuser shall be placed in custody
by the judge, until he brings the informer into court, that the truth
may be ascertained; and, should he not produce said informer, he shall,
without delay, give his name, so that, when brought before the judge,
he may prove what he has alleged. If, however, the judge is unable
to elicit the truth, on account of the intervention of some powerful
person, or the patronage of a noble, or through fear of the royal
power, he must attempt to bring the matter to the attention of the
king, if he be near at hand; but, if he is at a distance, he must lay
his information before the bishop, or the governor of the province;
in order that the superior authority of these officials may cause the
matter to be properly investigated. Where the judge neglects to give
such notice, the complainant shall be indemnified, at the expense of
the said judge, for the entire property lost or stolen, by order of the
king or of the bishop. If the informer cannot prove what he alleged,
he alone shall be liable to make amends for the consequences of his
act. If the property stolen is of great value, and a freeborn person
is implicated, he shall return ninefold the value of the property, by
way of reparation, and shall be rendered infamous; and, if the culprit
is a slave, he shall pay sixfold the value of the property, and shall
receive in addition, a hundred lashes. Where said freeman has not
sufficient property to render satisfaction as aforesaid, he shall be
surrendered as a slave to him whom he attempted to render infamous
by a false accusation, and to him whom he attempted to deceive. If a
slave should not have the property wherewith to render satisfaction,
as aforesaid, or, if his master should be unwilling to pay the sum
required in his behalf, he shall at once surrender the slave in
satisfaction of his crime.
=II. A Slave, Acting as Informer, must not be Believed, unless the
Testimony of his Master is also Given.=
If a slave, without the knowledge of his master, should give
information of a theft, his statement shall not be believed, unless
his master should testify that he was trustworthy, and should thereby
establish his honor and credibility.
=ANCIENT LAW.=
=III. Where the Informer Knew of the Commission of the Theft.=
Public-domain text, read in full here on John Shaqi.
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