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.=
Public-domain text, read in full here on John Shaqi.
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