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.=
We direct the ministers of God, to whom the Divine authority has been
committed to remedy the misfortunes of oppression and poverty, that
they admonish, with paternal piety, such judges as oppress the people
with unjust decrees, by which means such wrongs may be remedied. But if
any magistrate, invested with judicial functions, has either decided
unjustly, or has imposed a wrongful sentence upon any one, then the
bishop in whose diocese this has been done, shall summon the judge who
is alleged to have acted unjustly, and shall render a just decision,
sitting along with him, in the presence of ecclesiastics, or other
persons of respectability. But if the judge, moved by perversity,
refuses to correct the iniquitous judgment given by him, after the
bishop has exhorted him to do so, then the bishop shall have the
privilege of reviewing the case, and of rendering judgment alone; and
the wrongful decision of the judge, subsequently set aside by him,
as well as his own decision, shall be committed to writing, and be
deposited among the records of the court. The bishop shall so act
toward the party who has been oppressed, and liberated by him from
that oppression, that truth may be established and confirmed by our
authority. If the judge should prevent the party whom he has oppressed
from appearing before the bishop, he shall forfeit two pounds of gold
to the king.
=FLAVIUS CHINTASVINTUS, KING.=
=XXIX. The Judge, when Inquired of by a Party, should be able to give a
Reason for His Decision.=
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