If cases are not permanently disposed of by the temperate decision
of the judge, not only do great difficulties arise in settling the
disputes of litigants, but the course of justice is often interfered
with, through the irreconcilability of adverse claims; for many
persons, after they have brought their disputes before the royal
tribunal to be finally determined, in order to avoid the legal penalty
for their conduct, settle, by agreement between themselves, the cause
which they have brought to the hearing of the king. Lest, therefore,
any party by means of such a fraud may escape the justice of the court,
we decree, by this law, that whoever, hereafter, shall apply to the
royal tribunal for the determination of his case against another,
shall, under no circumstances, absent himself, or make any compromise
with his adversary, but shall prosecute the cause already begun until
the king shall have given a decision in the matter. And, if either
plaintiff or defendant should neglect to carry on the action before the
king, or before those whom he has chosen to hear it, or should enter
into any arrangement with the other party, each shall pay to the Crown
the sum which he who filed the petition, could have obtained, had he
gained the suit; and whatever shall be thus obtained by the king in
this proceeding he can dispose of at his pleasure. All those shall be
liable to a similar penalty, who seek to have their disputes settled
by a judicial decision, and, after the cause has been begun, refuse to
proceed with it and presume to compromise with one another.
The judge and the bailiff shall have the right to divide the aforesaid
penalty between them. But if the parties should not have sufficient
property to pay said penalty, each shall receive one hundred lashes
with a scourge, and the judge shall terminate the suit forthwith. We
decree, however, that those shall be free from the operation of this
law to whom the royal mandate was especially directed, as well as those
whom the judge, who heard the cause, shall have dismissed, after a
settlement has been effected with his consent.
=FLAVIUS CHINTASVINTUS, KING.=
=VI. Both Parties shall be Required to Furnish Testimony.=
Whenever a cause is heard, both parties, that is, plaintiff as well as
defendant, shall be required to produce evidence, and the judge shall
decide which side is entitled to a decree. But if, after the testimony
has been taken, the truth does not appear to have been established,
the defendant shall declare under oath that the property in question,
if any has been demanded of him, has never been, and is not now, in
his possession, and that he is not aware of any reason why he should
be sued, and that he truly does not know that he has done anything
to render him liable, in any way, to the party who complains of him,
and after the defendant has thus made oath, the plaintiff shall be
compelled to pay him five _solidi_.
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