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.=
If any one should declare that he suspects the integrity of either a
judge, a governor, a vice-governor, or any other official, and demands
access to his superior, or shall even allege that he has suspicions
of that superior himself, he shall not be subject to delay on this
account, especially if he should be poor. But those who decide the
case shall do so with the bishop of the diocese, and their opinions
and judgment shall be reduced to writing, and be signed by them; and
he who has declared that he suspected the judge, should he desire to
bring a suit against him, after judgment has been rendered in the
case in question, shall have the right to summon that judge to appear
before the king. And if a judge or an ecclesiastic should be convicted
of having decided wrongfully in any cause, the property of which the
complainant has been deprived shall be restored to him, and an equal
quantity of property shall be given him by way of satisfaction, by
those who are proved to have rendered an unrighteous judgment. And
if anyone should lodge an unjust complaint against a judge, and it
should appear that the cause in question has been properly decided,
the accuser shall undergo the same penalty which the judge would have
suffered. And if he should not have the property wherewith to make
amends, after having been exposed in public he shall receive thirty
lashes in the presence of the judge himself.
If anyone, however, should allege that he possesses information which
relates to the interests of the Crown, access to our presence shall not
be denied him.
=FLAVIUS CHINTASVINTUS, KING.=
=XXIII. How a Judge should render Judgment.=
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