Any freeman who shall have been convicted of having disobeyed the royal
summons, or shall have been proved to have acted in such a manner that
his duplicity is apparent, and shall say contrary to the truth, that
he has neither seen nor received the summons; if he is a person of
noble birth, he shall pay three pounds of gold to the treasury; but,
if he should not have sufficient property to pay this fine, he shall
receive a hundred lashes with the scourge, without any degradation of
rank. But if he should have been prevented from travelling by sickness,
tempest, inundation, or snow, or by unavoidable trouble of any kind,
and this should be established by the testimony of reliable witnesses,
he shall not be considered guilty of disobedience to the royal order,
or be liable to any punishment, as it is evident that the delay was the
result of manifest necessity.
=XXXII. How the Judge should Inquire into Causes by the Ordeal of Hot
Water.=
We are aware that many persons assert that they have received injuries
at the hands of freeborn citizens; and it is our opinion that torture
should be applied in such instances, where an amount exceeding three
hundred solidi is involved; and we now declare this to be a salutary
measure, and decree that whenever crime has been committed by any
one, where a small amount of property is concerned, the ordeal by hot
water be instituted by the judge; and should the accused appear to be
guilty, the judge shall not hesitate to put him to the torture, and
after confession has been obtained, he shall inflict upon the criminal
the sentence of the law provided in such cases. If, after the test,
he should prove to be innocent, his accuser shall incur no reproach
whatever. This test shall also be applied to suspicious persons who
present themselves in court to give testimony against others.[8]
TITLE II. CONCERNING CAUSES.
=I.= _No One can Refuse to Answer because the Plaintiff has
Never Presented his Claim to Him._
=II.= _The Court must be Disturbed by no Clamor or Tumult._
=III.= _Where there are Many Litigants, Two may be Chosen who
shall have Power to carry on the Suit._
=IV.= _Both Parties may be Compelled by the Judge, or the
Bailiff, to be Present in Court on the Day when the
Case is to be Heard._
=V.= _Those whose Affairs have been brought before a
Tribunal for a Decision, shall, under no
Circumstances, enter into a Compromise before the Case
has been Decided._
=VI.= _Both Parties shall be Required to Furnish Testimony._
=VII.= _Concerning the Journey which any one Compels an
Innocent Person to Make._
=VIII.= _Where any one Residing in the District of one Judge has
a Cause of Action against a Party Living in the
District of another Judge._
Public-domain text, read in full here on John Shaqi.
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