No person of noble rank shall, under any circumstances, be put to the
torture by authority of a commission given to another. It is, however,
hereby permitted that any freeborn person of low rank who is poor,
and has already been convicted of crime, may be tortured under such a
commission; but only when the principal gives authority in writing to
do this, signed by him, and attested by three witnesses, which shall
be entrusted for delivery, to a freeman, and not to a slave. And if
he should cause the torture to be inflicted upon an innocent person,
the aforesaid principal is hereby admonished, that he has incurred
the penalty of the law which is found in the sixth book, first title,
second chapter; wherein it is stated for what things freeborn persons
are to be put to the question. It is lawful for other criminal causes
to be prosecuted under commission; and, as has been said above,
tortures may be applied to a freeman by the representative of another
who is also free. And it is granted by the law to a freeman or a slave,
to subject a slave to torture, with this provision, to wit: that if
either torture or injury should be inflicted upon an innocent person,
the principal shall be compelled to give complete satisfaction, under
the instructions of the judge. Nor is he to be discharged who received
the commission, until either the principal may be produced in court, or
shall make amends according to law. And whoever desires to inflict the
torture, having received authority to do so under a commission, shall
be compelled by the judge to give bond.
=V. If He who has Appointed an Attorney Suffers Delay, he can Revoke his
Commission.=
He who conducts a case as the representative of another should
proceed with it as rapidly as possible; and if he is dilatory, and
the case which should have been prosecuted with alacrity, is retarded
unnecessarily, or is fraudulently postponed, the principal may have
recourse to the judge. And if he who receives the commission to conduct
the case should, through malice or corruption, cause delay for ten days
after he has received the order of the judge to proceed with the same,
the adversary or the judge being present, then the principal can either
conduct the case himself, or appoint any one else whom he may select,
to conduct it for him.
=ANCIENT LAW.=
=VI. It shall not be Lawful for a Woman to Act as an Attorney, but She
may Conduct Her Own Case in Court.=
Public-domain text, read in full here on John Shaqi.
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