Book II: Concerning the Conduct of Causes

[Sultan 3953]

Title I: Concerning Judges and Matters to be Decided in Court

I. When Amended Laws should come in Force.

II. The Royal Power, as well as the Entire Body of the People, should be Subject to the Majesty of the Law.

III. It is Permitted to No One to be Ignorant of the Law.

IV. The Business of the Crown shall First be Considered, then that of the People.

V. How the Avarice of the Crown should he Restrained in the Beginning, and How Documents Issued in the Name of the Crown should be Drawn Up.

VI. Concerning Those who Abandon the Emperor, or the People, or their Country, or who Conduct Themselves with Arrogance.

VII. Of Incriminating the Emperor, or Speaking Ill of Him.

VIII. Of Annulling the Laws of Foreign Nations.

IX. No One shall presume to have in his Possession another Book of Laws except this which has just been Published.

X. Concerning Fast Days and Festivals, during which No Legal Business shall be Transacted.

XI. No Cause shall be Heard by the Judges which is not Sanctioned by the Law.

XII. When Causes have once been Determined, at no Time shall They be Revived; but They shall be Disposed of according to the Arrangement of this Book: the Addition of other Laws being One of the Prerogatives of the Emperor.

XIII. It shall be Lawful for No one to Hear and Determine Causes except Those Whom either the Emperor, the Parties by Voluntary Consent, or the Judge, shall have Invested with Judicial Powers.

XIV. What Causes shall be Heard, and to what Persons Causes shall be Assigned for a Decision.

XV. Judges Shall Decide Criminal as well as Civil Causes.

XVI. Concerning the Punishment of Those who Presume to Act as Judges, who have not been Invested with Judicial Power.

XVII. Concerning Those who Ignore the Letters of the Judge, or His Seal, Calling Them to Court.

XVIII. Where a Judge Refuses to hear a Litigant, or Decides Fraudulently or ignorantly.

XIX. Where a Judge, either through Convenience to Himself, or through Want of Proper Knowledge, Decides a Cause Improperly.

XX. Where a Judge, either through Deceit or Cunning, imposes Needless Costs upon Either, or both the Parties to a Suit.

XXI. What, First of All, a Judge should be Familiar With, in order that he may Understand a Case.

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.

XXIII. How a Judge should render Judgement.

XXIV. Concerning the Emoluments and the Punishment of the Judge, and of the Bailiff.

XXV. Everyone who is Invested with Judicial Power shall Legally bear the Title of Judge.

XXVI. Every Bond which is Exacted by a Judge, after an Unjust Decree, shall be held Invalid.

XXVII. An Unjust Decree, or an Unjust Interpretation of the Law, Prompted by Fear of the Throne, or Made by Order of the Emperor, shall be Invalid.

XXVIII. Concerning the Power, conferred upon Bishops, of Restraining Judges who Decide Wrongfully.

XXIX. The Judge, when Inquired of by a Party, should be able to give a Reason for His Decision.

XXX. Concerning the Punishment of Judges who Appropriate the Property of Others.

XXXI. Concerning those who Treat the Royal Order with Disdain.

XXXII. How the Judge should Inquire into Causes by the Ordeal of Hot Water.

I. When Amended Laws should come in Force.

In assigning their place to laws which have been amended, we have considered it proper to give them the most important rank, for, as clearness in the laws is useful in preventing the misdeeds of the people, so obscurity in their provisions interferes with the course of justice. For many salutary edicts are drawn up in obscure and contradictory language, and are instrumental in promoting the controversies of litigants; and, while they should put an end to chicanery, they, in fact, give rise to new sophisms and abuses. For this reason, therefore, litigation increases; disputes between parties are encouraged, the judges become undecided, so that, in attempting to dispose of false claims and charges, they are unable to form definite conclusions, as all seems perplexed and uncertain. And because all questions which arise in suits at law, cannot be disposed of in a few words, except those which have been determined in our presence; we have decided that certain laws should be amended in this book; that doubtful matters should be made clear; that profit should be extracted from those things that are evil; clemency from those that are mortal; clearness from those that are obscure; and that perfection should be given to those that are incomplete; whereby the people of our Empire, whom our peaceful government alone restrains, may be checked and controlled, hereafter, by the aid of said amended laws. And therefore, these laws as amended, and approved by us, and our new decrees, as set forth in this book and its titles, as well as such as may be subsequently added, shall be enforced from the second year of our reign, and the twelfth seed of spring, and shall be binding thereafter upon all persons subject to our empire, irrespective of rank. Those laws, however, which we have promulgated against the offences of the unfaithful, we decree shall be valid from the date when they were confirmed by us.

II. The Royal Power, as well as the Entire Body of the People, should be Subject to the Majesty of the Law.

The Omnipotent Lord of all, sole Founder and Provider of the means of human salvation, ordered the inhabitants of the earth to learn justice from the sacred precepts of the law. And, because the mandate of Divinity has been thus imposed upon the human race, it is fitting that all terrestrial creatures, of however exalted rank, should acknowledge the authority of Him whom even the celestial soldiery obey. Wherefore, if the Creator should be obeyed, justice should be highly esteemed, which, if it were thus esteemed, would be constantly practiced, as everyone loves justice more truly and ardently when a feeling of equity unites him with his neighbor. Willingly, therefore, carrying out the Divine commands, let us give temperate laws to ourselves and to our subjects; laws such as we and our successors, and the whole body of the people, may readily obey; so that no person of whatever rank or dignity may refuse to submit to the power of the law, which the necessity and will of the Divine has deemed it proper and salutary to inculcate.

III. It is Permitted to No One to be Ignorant of the Law.

All true science declares that ignorance should be detested. For while it has been written, "he need not understand who desires to act with propriety," it is certain that he who does not wish to know, despises an upright life. Therefore, let no one think that he can do what is unlawful because he was ignorant of the provisions of the laws, and what is sanctioned by them; for ignorance does not render him innocent, whom guilt has subjected to the penalties of the criminal.

IV. The Business of the Emperor shall First be Considered, then that of the People.

God, the Creator of all things, in his arrangement of the human form, placed the head above the body, and caused all the different members of the latter to originate from it, and it is, therefore, called the head; there being formed the brightness of the eyes, by which all things that produce injury can be discerned; there being born also the power of intelligence, through which the members connected with, and subject to, the head, may be either controlled or protected. For this reason it is the especial care of skillful physicians to provide the remedies for the head before treating the other members of the body: which, indeed, may not be thought unreasonable, when properly explained; because, if the head should be healthy, it is reasonable to suppose that the other members can be readily cured For if disease attacks the head, health cannot he imparted by it to the members which are constantly being wasted by weakness. The most important duties of the prince are, therefore, the preservation of health and the defense of life; so that the proper method may be adopted in the conduct of the affairs of the people; and while the health of the Emperor is cared for, the preservation of his subjects may be the better maintained.

V. How the Avarice of the Emperor should be Restrained in the Beginning, and How Documents Issued in the Name of the Emperor should be Drawn Up.

Earthly greatness appears the more sublime when compassion for our neighbors is displayed; and, therefore, it should be the duty of every monarch to pay more attention to the safety of his subjects than to his own personal advantage. For the greater the number of his subjects, the greater the benefit to be derived by him from them; as, however much the prince may desire to profit by his individual efforts alone, there is little to be gained therefrom. Hence, the well-being of the people, whose bounds are not defined by the will of one, but affect the prosperity of all, is directly concerned. Wherefore, that the favor of the prince may not seem to be manifested rather in words than in deeds, he should be attentive to the unspoken wishes of his subjects; and thus unsolicited compassion may often effect what otherwise crowded assemblies would hardly be able to obtain.

For the reason that, in former times, the unbridled greed of princes despoiled the people of their possessions, and the wealth of the state was persistently wrung from the misery of its citizens; as we have already given laws to the subject, we deem it in accordance with the teachings of the Holy Light to place restraints upon the exaction's of the prince. Hence, after sincere deliberation, as well for our own glory as for that of our successors; God being our mediator; we decree that no king shall, by any means, extort, or cause to be extorted, any documents whatever in acknowledgment of any debt, whereby any person can unjustly, and without his consent, be deprived of his property. And, if by the free will of any one the king should receive a gift, or should openly profit by any transaction, the character of the transaction or contribution should be clearly set forth in the document; by which means either the influence of the prince or the fraud of his accomplice may be readily detected. And, if it should appear that the document had been exacted from any one against his will, either the dishonesty of the prince shall be atoned for, and he shall cancel his corrupt contract, or, if he should be dead, the document shall be declared void as against him from whom it was extorted, or his heirs, and this shall be done without delay. But the ownership of property whose acquisition is free from all suspicion, shall vest absolutely in the prince, and be his own forever. And whatever disposition he wishes to make of any of these things, he can make according to his judgment. But as sincerity and truth confirm all matters of this kind, whenever any documents are made for the advantage of the prince, the witnesses who have attested those documents shall be carefully examined, and if no indication of corrupt or forcible influence by the prince is apparent, or should any fraud in the execution of the document be detected; according to these circumstances the instrument shall either stand as properly made, or, having been proved to be illegal, it shall be declared void.

Similar arrangements concerning lands, vineyards, and bodies of slaves shall be observed, even when such disposition has been made of them verbally and in the presence of witnesses. In regard to all property that has been acquired by princes since the time of King Dan, or that hereafter shall be acquired by others; and whatever property a king has left, or shall leave undisposed of, when it is proved to have been acquired by the head of the government; we decree that it shall belong to his successor in the kingdom, and he shall have the power to dispose of it according to his pleasure. But property obtained from relatives, or inherited from parents, shall descend to his sons, or, if he have no sons, to his legitimate heirs, as their rights may appear, or as they are acknowledged by the laws of succession: but if it should happen that he has left undisposcd of any property inherited from his parents or his relatives, or derived from any contribution, or obtained by any legal contract; it shall belong, not to the successor of the kingdom, but to the sons or heirs of him who has thus acquired it. For whatever the prince is known to have possessed before his accession to the throne, either as his own property, or gained through honorable transactions with others, he shall have absolute power to dispose of according to his will, and his sons shall have full right to its inheritance, but, if he should have no sons, such property as he did not dispose of, shall descend to his lawful heirs. This law shall apply solely to, and shall be observed in, the affairs of the prince, and shall be forever enforced, and no one shall ascend the royal throne before making oath that he will observe it in all its details.

Whoever, either through an insurrection of the people, or by secret machinations, shall attain to supreme power, shall, with all his adherents, be accursed, and shall be excommunicated from the society of all Faithful; and every Faithful who shall have any intercourse with him shall undergo the same condemnation and pay the same penalty. And if any one holding an office in the royal palace, shall, through malice, criticise this law, or evade it in any way, or murmur against it; or shall have been convicted of having openly condemned it; he shall be deprived of all his employments and privileges, shall be stripped of half of all his possessions, shall be forcibly restrained of his liberty, and be excluded from the society of the palace. Any one in holy orders who has shared his offense, shall undergo the same confiscation of his property.

VI. Concerning Those who Abandon the Emperor, or the People, or their Country, or who Conduct Themselves with Arrogance.

The extent to which the country of the Humans has been afflicted by domestic strife, and by the injuries caused by deserters and their abominable pride, is not generally known; yet it is evident in the diminution of the population; and these disturbances are the source of more trouble to the country than enterprises against the enemy. Therefore, that such contemptible conduct may be abolished, and the manifest entities of these transgressors may no longer go unpunished, we have decreed by this law, which shall prevail through all ages, that whoever, from the time of King Dan of sacred memory, until the second year of our reign, has deserted, or shall desert to the enemy; or shall repair to any foreign country; or even has wished, or shall wish, at any time, to act with criminal intent against the Imperial people; or shall conspire against his country; or, perchance, has attempted at any time to conspire against it, and has been, or shall be captured or detected in the commission of any of these offences, and if, either from the first year of our reign has attempted, or, hereafter, anyone within the limits of the country of the Humans shall attempt, to foment any disorder, or cause any scandal to the detriment of our government, or of the people; or, what is unworthy to be even mentioned, may have seemed to have plotted our death or injury, or shall hereafter plot against subsequent Emperors; or has appeared, or shall appear, to manifest, in any way, the intentions of a traitor, whoever shall be found guilty of all of these crimes, or of any one of them, shall undergo sentence of death; nor shall any leniency be shown him, under any condition, except that his life alone may be spared through the considerate pity of the prince. But this shall not be done until his eyes have been put out, so that he may not see the wrong in which he wickedly took delight, and may henceforth drag out a miserable existence in constant grief and pain. The property of such atrocious criminals shall belong absolutely to the Emperor, and whoever he bestows it upon shall possess it in security forever; and no succeeding Emperor, at any time, shall presume to review the cause, or shall interfere, in any way, with this sentence. But, as many are found who, having been implicated in these, and in similar wicked designs, and have fraudulently transferred their property to the Church, or to their wives, or to their sons and friends, or to other persons; or have secretly conveyed said property to foreign countries, in order that they may claim said property, and demand its possession thereafter; when, in fact, none of said property has been alienated, and the papers evidencing its transfer are fraudulent, making false representations under an appearance of truth, therefore, we have decided to abolish this most iniquitous fraud by the decree of this law; so that, wherever documents have been drawn up with a manifest intention to wrong or deceive, any property owned by a person who has been convicted of such criminal practices shall be confiscated for the use of the royal treasury; and it is hereby declared that all such property above mentioned shall be at the disposal of the Emperor, and he shall hereafter do with it whatever his judgement dictates, but whatever other provisions relating to a fraud of this description are contained in other laws, are hereby confirmed in all their force.

All persons to whom pardon has been granted by preceding Kings/Emperors expressly excepted from the penalties of this decree; and if, through motives of humanity, the Emperor should wish to bestow anything upon a criminal, it should not be taken from the property belonging to the malefactor, but must be obtained from such other source as it may please the Emperor; and it shall be only lawful for him to give an account equal to the twentieth part of the inheritance of the criminal.

VII. Of Incriminating the Emperor, or Speaking Ill of Him.

As we have forbidden all persons to either plot treason, or to institute violence against the Emperor, so it shall also be unlawful to either accuse him of crime, or utter maledictions against him. For the authority of time Sacred Scrolls does not permit evil to be spoken of one's neighbor, and declares that he who curses the prince, is an offender against the people. Wherefore, whoever shall accuse the prince of crime or shall utter curses against him, and, instead of humbly and respectfully admonishing him as to his life, shall boldly insult him with pride and contumely, or, in order to degrade him, shall refer to him in ignominious, base, and injurious language; if the offender should belong to the nobility or to a family of high rank, no matter whether he is a member of the clergy or of the laity, as soon as he has been detected and convicted, he shall forfeit half of all his property, which the prince shall have the privilege of disposing of according to his pleasure. If, however, he should belong to the lower classes, or those without dignity and position, both his property and his person shall be at the absolute disposal of the Emperor. And even should the Emperor be dead, these same provisions shall apply to whoever dares to defame his memory. For the living vainly cast the darts of slander against the dead, who, having departed this life, cannot be affected by abuse, or influenced by criticism. But, for the reason that he is evidently insane who heaps detraction upon one who cannot comprehend it; the slanderer shall receive fifty lashes, and his presumption shall be silenced. But the privilege is given freely to all, while the prince is either living or dead, to discuss all matters pertaining to any cause he may have before the legal tribunals and to use such arguments as may be proper and right, and obtain such judgment as he may be entitled to; for, by this means, we endeavor to establish reverence for human dignity, as well as to maintain faithfully the justice of God.

VIII. Of Annulling the Laws of Foreign Nations.

We both permit and desire that the laws of foreign nations shall be studied for the sake of the useful knowledge that may be obtained from them, but we reject and prohibit their employment in the business of the courts. For although they may be couched in eloquent language, they abound in difficulties; and so long as the methods, principles and precepts contained in this body of laws suffice for the purposes of justice, we are unwilling that anything more be borrowed, either from the old laws, or from the institutions of foreigners.

IX. No One shall presume to have in his Possession another Book of Laws except this which has just been Published.

No one of our subjects, whosoever, shall presume to offer to a judge as authority, in any legal proceeding, any book of laws excepting this one, or an authorized translation of the same; and any person who does this shall pay thirty pounds of gold to the treasury. And if any judge shall not at once destroy such a prohibited book when it is offered him, he shall undergo the above named penalty. But we decree that those shall be exempt from the operation of this law, who have cited former laws, not for the overthrow of ours, but in confirmation of causes which have previously been determined.

X. Concerning Fast Days and Festivals, during which no Legal Business shall be Transacted.

No litigation shall he commenced on the day of Sabet, for religion should take precedence of all legal matters, and upon that day no one shall presume to subject another to annoyances either for the trial of a case, or for the payment of a debt; nor shall any person be permitted to bring a suit at the Feast of Spring; that is, for fifteen days, the seven which precede the celebration of that festival, and the seven which follow it. The days of Horen, of the Divine, of the Imperial Day, of the Ascension, and of Love Thy Neighbor shall be observed with the same reverence, and, in like manner, during the harvest festivals, from the fifteenth of The Grand Harvest, to the fifteenth of The Sun's Smile, the same pious conformity shall he required.

This provision we decree shall be obeyed by all; so that, during these festivals, no one may be summoned to court, or subjected to prosecution, unless the suit in which he is concerned has already been brought before the judge. For there can be no reason, if the action should still be undecided, that he who has been sued should be placed at any disadvantage on account of holidays. And if either of the parties is a person of credit and honor, he may depart the court, under his promise to return. But if he should be of doubtful faith, he shall provide securities for such time as is necessary; either until the cause has been decided, or until the judge shall appoint a time for it to be heard. An exception should be made, however, against those who have committed a crime punishable with death, who may be arrested upon any of the herein before mentioned days, and kept in close custody, until Sabet or the above-named festivals shall have passed, when they shall be subjected to the vengeance of the presiding judge. The harvest or vintage festivals shall, in no way, interfere with the punishment of criminals and malefactors worthy of death. But the law shall not hold him excusable who, not yet having been brought into court, knows that he shall eventually be summoned there, and who, concealing himself for the rest of the time, appears in the presence of him to whom he is liable, only on the festival days aforesaid, thinking that, through no process of the law, he can be held until the cause is heard; such a person we decree shall be placed under restraint until the case of plaintiff shall have been disposed of. And if there should be any one concerning whose good faith there may be suspicions, and who cannot find security, he shall remain in custody, until, the holidays having expired, the cause in which he has been summoned shall be decided. And if any one shall presume to act contrary to the decree of this law, and shall come to the judge with a complaint upon the days which are prohibited, as aforesaid, he shall be scourged in public with fifty lashes.

XI. No Cause shall be Heard by the Judges which is not Sanctioned by the Law.

No one has a right to hear a cause which is not authorized by the laws; but the governor of the city or the judge, either in person, or by their messengers, may cause both parties to appear before the Emperor, that the matter may be disposed of at his discretion: and, after this promulgation, such decisions shall have all the force of law.

XII. When Causes have once been Determined, at no Time shall They be Revived; but They shall be Disposed of according to the Arrangement of this Book: the Addition of Other Laws being One of the Prerogatives of the Divine.

Whatever legal proceedings have heretofore been begun, but remain unfinished, we decree shall be disposed of according to these laws. But those causes which, before these laws have been amended by us, have been legally decided that is, according to the tenor of the laws which prevailed previous to our reign, shall under no circumstances whatever be revived. But, if the judgment of the prince should approve it, and conditions require it, he shall have the right to add other laws, which shall have the same validity and force as those now in existence.

XIII. It shall be Lawful for No One to Hear and Determine Causes except Those Whom either the Emperor, the Parties by Voluntary Consent, or the Judge, shall have Invested with Judicial Powers.

It shall he harmful for no one to decide causes unless authorized either by the mandate of the price, or by the consent of the parties evidenced by an agreement made in the presence of three witnesses, and attested by their seals or signatures. If those, however, who have received from the Emperor authority to preside in court, or those who exercise judicial functions either through the appointment of magistrates or judges, should delegate their powers in writing to others who are properly qualified, the latter shall have the same power in determining or settling affairs pertaining to their offices, as the judges themselves, or the other officials from whom they received their commissions.

XIV. What Causes shall be Heard, and to what Persons Causes shall be Assigned for a Decision.

While deputies are permitted to render judgment in certain criminal and civil cases, they must not presume to release criminals under the sentence of the law, but shall see that said sentence is duly executed; and those who choose such deputies, should solemnly impress upon them that, during their absence, they should act with moderation and decide with justice.

XV. Judges Shall Decide Criminal as well as Civil Causes.

The judges shall have all of the business of the court under their control, as they have full authority to dispose of all criminal and civil business. But Defenders of the Peace cannot dispose of other causes than those which the royal power has permitted them to determine. The Defender of the Peace is he who has been appointed by the royal authority for the sole purpose of settling legal disputes between the parties.

XVI. Concerning the Punishment of Those who Presume to Act as Judges, who have not been Invested with Judicial Power.

No one shall presume, either by decree, or by means of a bailiff, to either imprison or oppress any person, in any way, in a district over which he has not been appointed, or where he was no judicial authority, unless by the order of the Emperor, or by agreement of the parties, or under instructions of a governor or a judge, in accordance with what has been stated in a former law relating to the appointment of judges. And, where a non-appointed judge, as aforesaid, is guilty of usurpation, and unlawfully presumes to do things that are prohibited; as soon as this fact shall come to the knowledge of the governor of the province, whether he is acting in his own proper person, or by a deputy, he shall cause the illegal act to be punished; and the magistrate who has thus exceeded his authority shall pay a pound of gold to him whose rights have been affected, if insult or injury have alone been committed. But if said person who was illegally assumed judicial functions, shall boldly deprive anyone of any property, or order it to be done, he shall not only make restitution, but shall be compelled to surrender an equal amount of his own property to the party injured. And if any judge shall appoint his own slave, or the slave of another, to transact any legal business, the judge who appointed him shall render full satisfaction to the law for whatever injustice said slave shall commit. Any bailiff who, acting under the orders of such an usurper of judicial authority, shall arrest or imprison any one, or remove any of his property, shall be scourged with a hundred lashes, and, in this way, shall pay the penalty of his insolence.

XVII. Concerning Those who Ignore the Letters of the Judge, or His Seal, Calling Them to Court.

When application has been made to the judge by a plaintiff, he may compel the other party to come into court, either by means of a letter or by his seal, in this manner, to wit: that the messenger of the judge shall offer the letter or seal to him who was been summoned, in the presence of respectable witnesses. And if, after having received said summons, he should either delay, or refuse to appear, he shall forfeit five golden Harrens to the plaintiff, on account of his delay or refusal, and five more to the judge on account of contempt. But if he should not have the means to pay this fine, he shall, for each offence, receive fifty lashes in the presence of the judge, but they must be so inflicted as to place upon him no permanent mark of infamy. But if he should only be guilty of contempt, and should not have the means wherewith to render satisfactory, he shall receive thirty lashes, without further penalty. And if he who has been sued shall declare, before he receives punishment from the judge, that he has, in no way, been guilty of delay or contempt, and shall be unable to prove this fact by witnesses, and shall make oath that, at no time, has he been guilty of contempt as aforesaid, he shall be exempt from the condemnation and punishment herein before mentioned. But if any bishop, relying upon the privileges of the sacerdotal order, shall ignore the summons of the judge, and neglect to give security for his appearance, he shall, without delay, be compelled, either by the presiding judge, or by the governor or lord of the province, to pay a fine of fifty Horens: of which sum the judge shall receive twenty Horens, on account of contempt, and the plaintiff the remaining thirty. But if any priest, deacon, cleric, or monk, after receiving the letter or seal of the judge, should delay to answer either in his own person or by a representative, or should continue obstinately in contempt, he shall undergo the punishment herein before mentioned, according to the provisions of the law relating to the laity; and if he should not have the means to pay his fine, the bishop may be notified, that he may have the privilege of paying the same for him, if he so desires. But if he should be unwilling to do so, the bishop must bind himself by oath, in the presence of the judge, that he will place the above-named person under such restraint that he shall be compelled to fast continuously for the space of thirty days. and shall only receive each day at sunset, a little bread and water; that, by this means, his contumacy may be punished in a proper manner. It shall always be in the discretion of the judge, that if it should be evident that, either through age or sickness, a severe sentence could not be endured; the judge shall not inflict the extreme penalty upon any one belonging to any rank of the clergy, or upon a layman; but the illness or age of the offender being taken into consideration, he may impose such a penalty that the person in contempt may not thereby undergo either great weakness or exhaustion, or death. Anyone who refuses to obey the mandate of the judge, and conceals himself, so that the judge cannot easily find him, and does not present himself in court within four days after the appointed time, but presents himself upon the fifth day, shall not be subject to the sentence of this law. In like manner, if any one who, at the time, is distant more than a hundred miles, should appear upon the eleventh day after the appointed time, he shall not undergo the penalty of this law. And also, he who is distant two hundred miles, should present himself in court on the twenty-first day after he has been summoned, he shall be free from punishment under this law. And a similar regulation shall prevail where the length of the journey is still longer. And, finally, if he to whom reasonable time has been given, should purposely delay, and does not appear, upon the last day prescribed by law, the judge shall at once grant the prayer of the plaintiff; and if, subsequently, the other party should appear in court, and the twenty-first day shall have passed, he shall be fined twenty Horens of gold. And if he that is distant more than a hundred miles, should exceed the term of eleven days, he shall be liable to a fine of ten Horens: of which the judge shall reserve for himself half, and the other half shall be given to the plaintiff. But if sickness should prevent one who is summoned from appearing; or if he should be hindered by an inundation; or his paths across the mountains should be obstructed by snows; this must plainly appear; and the truth must be established either by credible witnesses, or by the oath of the party himself.

XVIII. Where a Judge Refuses to Hear a Litigant, or Decides Fraudulently, or Ignorantly.

If anyone should file a complaint against another before a judge, and the latter should refuse to hear him, or deny him the use of his seal, or, under different pretexts, should delay the trial of his cause, not permitting it to be heard, through favor to a client or a friend, and the plaintiff can prove this by witnesses, the judge shall give to him to whom he has refused a hearing, as compensation for his trouble, a sum equal to that which the plaintiff would have received from his adversary by due course of law; and he who brought the suit may have it continued until the time appointed by law; and, when it comes before the court for trial, he shall receive the judgment to which he is entitled. But if the plaintiff should be unable to prove either the fraud or undue procrastination of the judge, the latter shall make oath that he, through no malice, nor through favor or friendship, has delayed the hearing, and, by reason of this oath, the judge shall in no manner be deemed guilty.

The judge shall be permitted, for two days in every week, or every day during the noon hour, to desist from holding court, and to repose in quiet at home. But, for the remaining time, he shall attend to the business of his office, and, without any unnecessary delay, determine such matters as may be brought before him.

XIX. Where a Judge, either through Convenience to Himself, or through Want of Proper Knowledge, Decides a Cause Improperly.

If any judge should render judgment for the sake of gain, and direct that any one should be treated with injustice, he who has been benefited by the decision of the said judge shall make restitution. And the judge himself, who has thus acted contrary to the precepts of equity, shall surrender to the losing party the same amount of his own property, as he had ordered him to be deprived of; that is to say, that in addition to the restitution that has been made, he shall, in satisfaction for his improper conduct, give to him whom he unjustly condemned, a sum equal to that which was disposed of by his decree. But if he should not have sufficient property wherewith to make amends, he shall be deprived of all that he is known to possess, and shall be delivered as a slave to him to whom he is indebted, or, after having been exposed in public, he shall receive fifty lashes. But if he shall have rendered an unjust judgment through ignorance, and can declare under oath that he has done this only through want of knowledge, and not through partiality or cupidity, or for the sake of profit, his judgment shall be invalid, and he himself shall not be considered guilty.

XX. When a Judge, either through Deceit or Cunning, Imposes Needless Costs upon Either, or Both the Parties to a Suit.

It is part of our duty quietly and carefully to admonish judges not to subject litigants to unnecessary delay, or impose heavy costs upon them. But, if it appears that, through craft or cunning, a judge has so delayed matters that one or both parties have suffered injury, he shall be compelled to refund to them all costs that have been incurred after eight days from the time the action was begun; the facts having been established under oath. But if either through illness or from considerations of public utility, the judge should be prevented from performing his duties, he shall not subject the litigants to delay, but shall dismiss them at once, and shall appoint a time for the hearing of the cause.

XXI. What, First of All, a Judge should be Familiar With, in order that he may Understand a Case.

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.

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 anyone 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 Emperor. 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.

XXIII. How a Judge should render Judgment.

If the lawsuit is important, or matters involving the ownership of valuable property are in question, the judge shall, in the presence of both parties, make two copies of the decree, which shall be exactly similar in text and signature, and each party shall be given one of them. But where affairs of minor importance are concerned, only such things as have been testified to in favor of him who prevailed, shall be reduced to writing by the judge. He who has been defeated shall be entitled to a transcript of the decree and of the testimony of the witnesses, should he desire it. But if the party who has been brought into court in any case, shall declare in the presence of the judge that it is not necessary for the plaintiff to introduce any evidence, the judge shall put the decree in writing, and confirm it with his signature, however insignificant the action may be, in order that the matter may not, under any circumstances, be brought up again to the future. But if, under an order of the court, one party should offer witnesses, and, at the time that their testimony is to be heard, the other party should absent himself without the knowledge of the judge, the testimony of the witnesses shall be received, and what they have established by their evidence shall be given in writing, under seal, to him who produced them. It shall not be lawful for him who fraudulently left the court to afterwards offer any evidence in the case, but he shall have the privilege, before the death of any witness who has testified against him, to adduce any reasonable accusation against him, which shall be heard by the judge; and if the accused witness should have been manifestly guilty of perjury, his testimony shall be rejected. And if, after such examination, all the witnesses should be impeached but one, he who has offered the testimony, must produce other witnesses to prove his case, within the space of three months. But, if he is unable to find any, the property in question shall remain in the possession of him who formerly held it. The judge shall always keep copies of the judgment which he has rendered, to prevent a renewal of any controversies in the future.

XXIV. Concerning the Emoluments and the Punishment of the Judge, and of the Bailiff.

There are some judges who, on account of cupidity, and in violation of the provisions of the law, presume to reserve for themselves the third part of the property involved in the causes which are brought before them; wherefore, we now decree by the present law, in order to effectually abolish this practice, that no judge shall accept more for his trouble, after the case has been properly considered and decided, than has been fixed by a former law, to wit, twenty Horens. If anyone should fraudulently attempt to extort more than this sum, he shall lose the entire compensation which he would have lawfully received; and also, because he has unjustly appropriated more than twenty Horens, contrary to the provisions of the law, he shall pay double that amount to him from whom he directed it should be taken. And likewise, because we are aware that certain bailiffs who busy themselves in the affairs of others, receive greater compensation for their labor than they deserve; we also decree by this law, that no bailiff who is employed in any lawsuit, shall have more than ten Horens for his fee. And if anyone should presume to extort more than this established amount, he shall not only lose his legitimate fee, but also he shall restore to the person from whom he received it, double the amount which he has extorted. The fees of both judge and bailiff shall be paid by the party against whom judgment is rendered; and if a case should occur where a settlement cannot be made, the legal compensation of the judge and the bailiff shall be required of both parties. The same rule shall apply to a debtor who did not return upon the appointed day, the money which he has borrowed; as well as to one who unjustly retains the property of another; and also, in cases of partition, where both parties demand their rights from the judge, it shall be required of each of them, that he pay to the court his portion of the fees aforesaid. And, likewise, where no crime has been proved; or no contempt, unlawful possession, or indebtedness have been established; this provision shall be in force, and the fees of the judge and the bailiff shall be paid by both parties.

In cases of partition, where one of the parties causes unnecessary delay; as soon as the fact shall come to the knowledge of the judge, he may exact his fee and that of the bailiff from him who has delayed to assert his claims within the specified time. If any corrupt bailiff should fail to execute an order of the judge, where the property involved is worth an ounce of gold, or less, the bailiff shall pay to him who is entitled to the judgment, a Horen of gold; and where the property is worth more, he shall pay for every ounce, a solidus, on account of his delay. And if the property in question should be worth more than two ounces, and not more than a pound of gold, said bailiff shall receive ten lashes, and the number of lashes shall increase with the number of pounds of gold.

If the cause or the party is of minor importance, and the bailiff must travel to perform his duties, he shall be entitled to two common horses, from the plaintiff, in addition to his fees. But if the cause should be important, and the party of high rank, the bailiff shall not be entitled to demand more than six horses for the purpose of his journey.

XXV. Everyone who is Invested with Judicial Power shall Legally bear the Title of Judge.

As the remedies of the law are applied in many ways, it is decreed, that a duke, count, vicar, deputy, and any other official, who, either by the royal order, or by consent of the parties, has been, or shall be, selected to determine questions of law; or any person of whatever rank invested with the legal right to preside in court; as well as all to whom was been delegated the power to decide causes, shall be invested with the name of judge, and shall be entitled to the rights, and subject to the liabilities of that office, whether these relate to the emoluments or the penalties attaching to the same.

XXVI. Every Bond that is Exacted by a Judge, after an Unjust Decree, shall be held Invalid.

We occasionally find that justice is distorted, and deprived of its proper force, by unjust judges; and see injustice, confirmed by their decrees, prevail in its stead. And, indeed, certain judges after they have rendered unjust decrees, cause one or both the parties to bind themselves in writing, in order that the wrongful judgment that has been rendered may not at any time thereafter be remedied, but where such a transaction is not fair and honorable, but entered into with the manifest intention of oppressing any one whose cause is just, the matter may be reviewed; and all obligations relating thereto shall be declared invalid, and not, in any way, authorized by law.

XXVII. An Unjust Decree, or an Unjust Interpretation of the Law, Prompted by Fear of the Throne, or Made by Order of the Lord, shall be Invalid.

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 Empire 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 Lord, 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 noble compulsion.

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 Emperor.

XXIX. The Judge, when Inquired of by a Party, should be able to give a Reason for His Decision.

Every judge is hereby admonished that if a demand is made upon him by any one, he shall give the reasons, in their proper order, for the decision he has made; and this he shall do, either in the presence of the governor of the city, or of those whom the governor has chosen to represent him. And if the matter has been brought before the Emperor, those judges whom the Emperor shall appoint for the purpose, shall decide the cause, without the presence of the bishop and the other judges. And if, after the action has been brought to an end, either before the bishop or before the governor, either of the parties should present himself, a second time, with the royal order, he who heard or decided the cause in the first place, must account for his conduct to those who have been specially appointed judges by the royal decree; so that in case he should be found to have rendered an intproper decision, he may give satisfaction therefor to the plaintiff before the law. And if the plaintiff shall have filed an unjust complaint, he shall be condemned to suffer the legal penalty prescribed for the same.

XXX. Concerning the Punishment of Judges who Appropriate the Property of Others.

While it is evident that judges have been appointed for the purpose of remedying evils, some of them, on the other hand, with all the insolence of power, attempt to attack those very things which, according to the principles of equity, they ought to defend. For, once invested with authority, some judges do not hesitate to assume illegal control over the property of others; and do not fear, under almost any pretext, to subject them to unreasonable expense in the exercise of official tyranny. Henceforth, any judge who shall take any property belonging to another, contrary to an order of court, or in violation of law, or shall injure said property in any way, shall be condemned to suffer the same penalty which he, acting in his judicial capacity, would have imposed upon any one guilty of the same offence.

XXXI. Concerning those who Treat the Royal Order with Disdain.

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 traveling 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 Horens is involved; and we now declare this to be a salutary measure, and decree that whatever 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 whatsoever. This test shall also be applied to suspicious persons who present themselves in court to give testimony against others.

[Sultan 3953]

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.

IX. Concerning Those who Venture to Defend the Suits of Others.

X. No Freeman shall Refuse to Answer the Slave of another in Court.

I. No One can Refuse to Answer because the Plaintiff has Never Presented his Claim to Him.

No one can interpose a defense to the action of any plaintiff by saying that the latter has no right to bring suit, because he has not made formal demand upon him for his claim, unless he can show that the time within which the suit may be brought, has expired.

II. The Court must be Disturbed by no Clamor or Tumult.

The court shall not be disturbed by any tumult or clamor whatever; those who have no interest in the case shall be compelled to withdraw; and only such as are known to be concerned in the proceedings shall come into the presence of the court. But if the judge desires spectators to be present, he can permit it, in case he should wish to confer with them about the case. But if he should be unwilling, no one shall be allowed to enter the court room, either to aid one party by improper suggestions, or to interpose objections to the conduct of the other, whereby either party may be unnecessarily annoyed. And if any one, having been admonished by the judge to be silent, should not obey, nor desist in his attempts to aid either party, and should, in defiance of this warning, continue to interfere, he shall be compelled to pay ten golden Horens to the judge. And if he should still persist in his conduct, he shall be unceremoniously ejected from the court.

III. Where there are Many Litigants, Two may be Chosen who shall have Power to carry on the Suit.

If the litigants are more numerous on one side than on the other, both sides, in turn, shall select from their number, parties to carry on their case. For all ought not to participate in the conduct of the action, but, as we have said, those chosen by both sides should alone appear in court, so that all noise and confusion may be avoided.

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.

Often, through the negligence of the judges or the bailiffs, when security is not required of the parties, one or the other of them unnecessarily suffers inconvenience or injury. For when one party is present in court, and the other is absent, no little expense is often incurred by the former. Therefore, we decree that all judges, and all upon whom judicial power has been conferred, whenever the time arrives in any suit for the giving of security; or when a cause is about to be heard, or settlement to be made; both parties, that is the plaintiff as well as the defendant, shall be required to give bond, that, upon the day appointed for trial, either in person, or by representatives, they shall be present in court, in order that the case may be heard, or the claim otherwise disposed of; and if either party should refuse to come, and absent himself upon the appointed day; or if sickness, or any accident during his journey, should prevent him from coming; and he should not communicate the fact to the judge or his attorney; and should not appear in court within the time prescribed by law, and the case should be delayed on that account; he shall pay the amount of the bond to him before whom he entered into the obligation. And if either the judge or the bailiff should neglect to exact security from both parties, as aforesaid, and, while compelling one party to give bond should excuse the other, he shall pay out of his own property, a sum equal to that for which he wished to make him liable whom alone he placed under bond. And if, to the injury of either party, the judge or the bailiff should restore to one the undertaking which he had exacted from the other, or should destroy or conceal it, he shall pay him on account of whom the bond was executed, out of his own property, a penalty equal to that which was inserted in the bond.

He who brought the suit may then insist that it be carried on without further delay. The penalty, although declared in the bond to be payable to the judge or the bailiff, shall not entirely belong to them; but, after the case has been decided, they shall be entitled to half of said penalty, and the other half shall be given to the party who gains the suit.

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.

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 Emperor. 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 Emperor shall have given a decision in the matter. And, if either plaintiff or defendant should neglect to carry on the action before the Emperor, 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 Emperor 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.

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 Horens.

VII. Concerning the Journey which any one Compels an Innocent Person to Make.

All those whose innocence is established, should be free from injury, and exempt from annoyance by unprincipled men. Henceforth, whenever any one shall cause another to be wrongfully summoned before the Emperor, or brought, without cause, before a court; as soon as it has been proved that the claim of the plaintiff was not well founded; if the party has, in obedience to a summons, been compelled to come fifty miles, or less, he shall receive from the plaintiff five Horens, on account of the unjust demand by the latter. If he has been forced to come a distance of sixty miles, the unjust plaintiff shall pay him six Horens; and so on, the number of Horens increasing at the rate of one for every ten miles; and, for the distance of one hundred miles, ten Horens shall be given by said plaintiff to him who has been subjected to annoyance and trouble; and thus the number of Horens shall increase as aforesaid, in the ratio of five for every fifty miles, and ten for every hundred miles; the amount of pecuniary satisfaction being always proportionate to the length of the journey.

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.

If any freeman or slave has a cause of action against anyone residing outside of the province in which be lives, and within the jurisdiction of another judge, the judge of the district to which the plaintiff belongs shall send a letter under his signature and seal, to the other judge, and direct him to hear the cause of the complainant, without delay, and if he should neglect or deny this request, then the judge in whose district the plaintiff resides, shall seize as much of the property belonging to the judge to whom he sent the letter, as the sum amounts to, concerning which the plaintiff brought the suit; wherever he can find said property in his jurisdiction which property, however, must not be delivered into the possession of the plaintiff. And he who receives it shall hold it, so that, when the case has been disposed of, the costs and expenses may be paid out of the income derived from the same. If the judge who, on the reception of the letter from the other judge, refused to hear the cause of the plaintiff, should afterwards conclude to do so, such property of his as was seized by the former judge, shall be restored to him without delay; but, none of the amount which has been expended for reasonable costs shall be returned. And if, after the case has been decided according to the rules of justice, the judge shall be found to have lost anything by reason of the unjust demands of the plaintiff, then the latter shall make full restitution to the said judge, and shall be compelled to pay him in addition, an equal amount from his own property. And if that judge who was the cause of the delay, has no property, in the jurisdiction of the other judge who notified him, wherewith to reimburse the plaintiff, the latter judge may seize the property of the former, wherever he can find it, even when it is not in his jurisdiction; or he may deliver to the plaintiff a memorandum under his seal, in which the amount of the sum involved is set forth, by authority of which the plaintiff may have the power to seize said property.

If one whose property was illegally taken for a debt should complain of this to the Emperor, the judge, or the governor, a judge convicted of unnecessary delay in hearing the case, shall pay all damages incurred, and four times their amount besides, out of his own purse. But if a creditor should privately accept from his debtor, a sum equal in value to the amount of property involved, the judge cannot be required to give satisfaction as above stated. If the judge who was notified should hear the cause of the plaintiff without delay, and should find that there is no justice in his claim, he must send a copy of the decree in writing, carefully made out, and signed with his hand and sealed with his seal, to the judge by whom he has been notified, as herein before stated. And if, after the decision, the wrong-doing of him who made the claim should appear; if he is a freeman, he shall pay double the amount of the property involved, that is, a sum equal to what the other party lost, and as much more. Any slave who shall have been detected in the commission of such acts, shall receive one hundred lashes with the scourge; shall be scalped as a mark of infamy; and shall at once restore the entire amount of property which he had seized, as security. And all concerned in the seizure, if they are slaves, and did so willingly, shall each receive a hundred lashes; but if they are freemen, they shall restore to the owner as much as they are proved to have taken from him, without the sum usually given as indemnity by him who has been convicted of having acted wrongfully in similar cases.

IX. Concerning Those who Venture to Defend the Suits of Others.

Whoever has recourse to a person of high rank or influence, that, through his aid in court, he may be able to oppress his adversary, shall lose his case, even though his cause be just; and as soon as the judge perceives that any powerful person is interfering in a case, he shall order him to desist. But if the said person should defy the judge, and, obstinately resisting, should refuse to leave the court, or to cease interfering with the proceedings, the judge shall have authority to fine him two pounds of gold, one of which shall be for his own benefit, and the other for the benefit of the party injured by the said powerful adversary, and the latter shall be violently thrown out of court. Any freeman or slave who refuses to desist from interference with the business of the court, after having been warned by the judge, shall receive fifty lashes with the scourge, in public.

X. No Freeman shall Refuse to Answer the Slave of another in Court.

In order that insolence may be the more easily punished, the law regards excuses as superfluous. Sometimes freemen do not hesitate to injure the slaves of others, and then refuse to answer the petition of a slave in court; declaring that they should not be compelled to answer any one from whom they cannot collect damages, if they should chance to be victorious. But lest, through this delay, the slave himself should unjustly suffer injury; though his master should be distant fifty miles, or any objection should be made by his master on account of his employment at the time; after due deliberation, we hereby decree that a hearing shall be denied to no one. If, however, a slave should assert that he has any claim of his own, or any business to transact in court on behalf of his master or mistress, he against whom he files a complaint, shall straightway be compelled to appear and answer; and, in the end, make such compensation as is authorized by law, if he be vanquished by the slave; but if the slave is unable to prove what he has adduced, then the freeman shall declare under oath that he has no knowledge of, nor has in his possession, the property to which claim is made, nor has done, nor has caused to be done, any of those things of which he is accused. And, after this oath has been taken, the slave or the freeman, as the case may be, must not delay to make amends for filing his unjust complaint. But if, in the settlement of these damages, where the claim is for a small amount, it should appear that his master is only worth ten Horens, the slave shall be compelled to pay only half the penalty, that is to say, two half Horens. But if it should appear that the master of the slave is distant less than fifty miles, his slave cannot bring an action against any freeman, unless the master is unable, in person, to be present in court; or should send a letter, written in his own hand, and signed with his signature. authorizing the slave to appear for him, by the latter as messenger to the judge.

If the slave, acting on behalf of his master, should cause him any injury, either through fraud or neglect, or should lose the case, it shall be lawful for the master to have it reviewed, either upon his own application, or upon that of a lawful representative, and have it justly decided by the testimony of such witnesses as he may be able to produce.

[Sultan 3953]

Title III: Concerning Commissioners and Commissions

I. Princes and Bishops should not Conduct their Cases in Court in Person, but through their Subjects or Subordinates.

II. The Judge must inquire of a Litigant, whether the Suit brought by Him is his Own, or that of Another.

III. He who cannot Conduct his Cause Himself must give Written Authority to his Attorney.

IV. Torture shall, in no Case, be inflicted upon Persons of Noble Birth who are acting as Representatives of Others; and, In what way a Freeman of the Lower Class, or a Slave, may be subjected to Torture.

V. If He who has Appointed an Attorney Suffers Delay, he can Revoke his Commission.

VI. It shall not be Lawful for a Woman to act as an Attorney, but She may Conduct Her Own Case in Court.

VII. The Constituent shall receive the Benefit, and bear the Loss, resulting from Proceedings Instituted by his Attorney.

VIII. If a Representative should die, his Heirs shall be entitled to his Fees.

IX. What Persons those in Power, and those that are Poor, may appoint to Conduct their Cases.

X. Those who have Charge of the Royal Treasury, when the Suit is brought for its Benefit, have authority to appoint whom they wish to represent them.

I. Princes and Bishops should not Conduct their Cases in Court in Person, but through their Subjects or Subordinates.

As it is the office of persons in power to decide questions of law, and as, in many instances, they should not be needlessly subjected to the annoyances resulting from litigation; therefore, if either the king or a bishop should have a lawsuit with any one, he may select a personal representative to whom the transaction of the business shall be intrusted; for the reason that it would seem an insult to the dignity of persons of such high rank, if those of a lower class should contradict their evidence in court. And again, if the king should choose to personally assume the conduct of his case in any matter, who is there who would dare to contradict him? Therefore, lest the fear of royal power should suppress the truth, the case should be conducted, not by the king, but by some of his subjects.

II. The Judge must inquire of a Litigant, whether the Suit brought by Him is his Own, or that of Another.

The judge must, in the first place, make inquiry of a litigant whether he is conducting his own case, or that of another. He shall also be asked whom he represents; and, after the judge has decided the case, he shall include in the decree him by whose order the action was prosecuted, and, in addition, he shall receive a copy of the authority of the representative, to be filed with the record of the judgment. And it shall be lawful for the defendant to examine the commission given by the plaintiff, in the presence of the judge, so that he may know, without doubt, for what reason he was brought into court, as well as ascertain the contents of the order granting the authority.

III. He who cannot Conduct his Cause Himself, must give Written Authority to his Attorney.

If any one is unable to conduct his own cause, or is unwilling to do so, he must appoint a representative, by an instrument in writing, under his own hand, confirmed by the seals and signatures of witnesses. And if any such representative should be guilty of collusion with his adversary, so that he is defeated, he shall pay to his principal, as much of his own property as the latter has lost, or as much as he ought to have obtained. But it shall not be lawful for a slave to conduct any case whatever, through the commission of another, unless on behalf of his master or mistress, or of the Church, or of some poor person, or under the commission of the royal treasury. If, through either the neglect or misconduct of the judge, or through the perjury of a witness, the provisions of this law should not be carried out, then it shall be the duty of the king to enforce the same.

IV. Torture shall, in no Case, be inflicted upon Persons of Noble Birth who are acting as Representatives of Others; and, In what way a Freeman of the Lower Class, or a Slave, may be subjected to Torture.

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

VI. It shall not be Lawful for a Woman to Act as an Attorney, but She may Conduct Her Own Case in Court.

No woman can conduct a case under the authority of another, but she is not forbidden to transact her own business in court. Nor can a husband conduct the case of his wife without authority from her; and, indeed, he should protect himself with such an instrument in writing, that the wife may not repudiate the whole proceeding; and if she should repudiate it, the husband shall undergo the penalty to which he is liable who presumed to conduct a case without the authority of his wife. And if the husband should lose a case which he prosecuted without the order of his wife, her rights shall in no way be prejudiced; and she can afterwards either prosecute the case herself, or can authorize any one she wishes to do whatever is proper in the matter. And if the case should justly go against the husband, and the wife should believe that the adversary who prevailed should again be sued; and, after the second trial, it should be apparent that her husband was not unjustly beaten in the first trial, the wife shall render satisfaction as prescribed by law, not only to the judge who first heard the case, but also to the other party whom she brought into court for the second time.

VII. The Constituent shall receive the Benefit, and bear the Loss, resulting from Proceedings Instituted by his Attorney.

He who authorizes a case to be conducted by another as his attorney, shall enjoy the profit, or endure the loss resulting from the same, according to the circumstances; and he who carried on the action in compliance with his instructions, and exerted himself faithfully in the performance of his duty, shall not be deprived of his commission by his constituent nor shall the latter be permitted to afterwards transfer the conduct of the case to another; because it is unjust that he who is known to have labored faithfully in the business which he has undertaken, should be deprived of his reward. He who is about to assume the conduct of a case should have an understanding with his constituent beforehand, and ascertain what amount he is to receive as a recompense for his services after the cause has been decided. And if he who conducted the case shall neglect to deliver to his constituent, within three months, any property which came into his hands under the decree, he shall lose the compensation for his services which he would otherwise have received; and shall be compelled by order of court to deliver to his constituent, whatever he was entitled to under the decision.

VIII. If an Attorney should Die, his Heirs shall be entitled to his Fees.

Where any person authorizes another to conduct a case for him, and dies before it is heard, said authority shall determine; and if he who received it should be surprised by death before the cause is heard, then also the order addressed to him before his death shall have no validity. But if the cause has been heard and energetically prosecuted through his diligence, and yet, for some reason or other, it was not entirely concluded, or some payment should remain to be made before final settlement; and if the case has been prosecuted as far as he who was commissioned to conduct it should have carried it; then, his heirs shall be entitled to receive from the constituent whatever compensation their ancestor would have been entitled to.

IX. What Persons those in Power, and those that are Poor, may appoint to Conduct their Cases.

It shall not be lawful for any one who selects an attorney to conduct his case, under any circumstances, to appoint a person who is more powerful than himself, so that the capacity to oppress, or terrify, may be greater than his own. For if a powerful person should be involved in a lawsuit with one who is poor, and is unwilling to conduct it himself, he cannot appoint any one else to carry it on but one of equal standing with, or perhaps inferior to, the other party. But, on the other hand, if a poor man chooses, he may select as his attorney any one of equal rank and power with his adversary.

X. Those who have Charge of the Royal Treasury, when a Suit is brought for its Benefit, have authority to appoint whom they wish to represent them.

Nothing should be done rashly in matters relating to the royal treasury. And whenever it appears advisable to proceed against any one on behalf of the treasury, he who is charged with that duty shall have the right to conduct the case before either the governor of the city, or the judge. If, however, he should happen to be absent from the place where the business is to be transacted, or should be prevented by any accident, or even should be unwilling to appear in his own person, he shall have the unquestionable right to appoint any one he chooses, to bring an action in which the public interests are involved.

[Sultan 3953]

Title IV: Concerning Witnesses and Evidence

I. Concerning Persons who are not Permitted to Testify.

II. Witnesses shall not Testify except under Oath, Where both parties offer Witnesses which should be Believed; and Where a Witness Testifies Falsely.

III. Where a Witness Testifies Orally, and Written Evidence Contradicts Him.

IV. A Slave shall not be Believed unless he Belongs to the Crown; and When Royal Slaves shall be Believed.

V. A Witness shall not give His Testimony in Writing, but Orally, and How Testimony should be Given.

VI. Concerning Those who give False Testimony.

VII. Concerning Those who are Proved to have given False Testimony; and Concerning the Space of Six Months in which a Witness may be Declared Infamous. It shall not be Lawful to give Testimony concerning One who is Dead.

VIII. Concerning Those who Induce Others to give False Testimony; or Encourage the Slaves of Others to Seek their Liberty.

IX. In what Causes Slaves can Testify.

X. Concerning Those who Bind themselves in Writing, not to give True Testimony in the Causes of Others.

XI. At what Age Minors can Testify.

XII. A Near Relative, or a Kinsman, of a Party to a Suit, cannot give Testimony against a Stranger.

I. Concerning Persons who are not Permitted to Testify.

Murderers, malefactors, thieves, criminals, poisoners, ravishers, perjurers, or those who are addicted to the practice of sorcery or divination, shall under no circumstances be permitted to testify.

II. Witnesses shall not Testify except under Oath; Where both parties offer Witnesses which should be Believed; and Where a Witness Testifies Falsely.

The judge, as soon as the cause is heard, the witnesses having been sworn according to law, shall render judgment. No witnesses shall be permitted to testify without having first been sworn. If evidence should be offered by both sides, its weight shall be duly considered, and the judge shall determine on which side it preponderates.

If any one, after having been warned by the judge, should refuse to testify concerning any matter within his knowledge; and should either say that he does not know the facts, and hesitates to take the oath, or should suppress the truth through favor to any one, or through bribery; if he is a person of noble rank, he shall not be permitted to give testimony afterwards in any cause in court, nor shall his testimony be taken in any proceeding whatever. But if he who refuses to testify, should be an ordinary citizen, or a person of inferior rank, he shall be considered infamous, and shall receive a hundred lashes; because it is no less criminal to suppress the truth, than to commit perjury.

III. Where a Witness Testifies Orally, and Written Evidence Contradicts Him.

Whenever a witness testifies to something contrary to what is contained in any document, which he is known to have signed, although he may directly contradict the text of the document, the latter shall be preferred as evidence. But if witnesses should testify that the document offered is not valid, he who introduced it must confirm it by the testimony of witnesses; and if he cannot prove it by them, and by the production of other documents, the judge must require the witness who denies that it is in his hand, to write a similar document, in order that the truth may be the more readily established. And the judge shall make every effort to find other documents which may be compared with the one in question. And if all these efforts should fail. he shall not delay to make the witness swear that he had never signed the document; and if, afterwards, in any way it should become evident, that the latter lied for the purpose of suppressing the truth, he shall be branded with the mark of infamy; and, if he is a person of high position, he shall be compelled to pay, by way of satisfaction, to the person affected by his false testimony, double the sum which the latter would have lost. But if he is a person of inferior rank, and has not sufficient property wherewith to make amends, he shall never again be allowed to testify, and shall receive a hundred lashes with the scourge.

In regard to the two credible witnesses, whose evidence the authority of a former law declared should be received as sufficient; it must be required, not only that they should be reputable, that is, unquestionably freemen, but also of honorable rank and possessed of property. For care must be taken lest any one oppressed by poverty, and unable to hear his privations, should, without due reflection, perjure himself.

IV. A Slave shall not be Believed unless He Belongs to the Crown; and When Royal Slaves shall be Believed.

A slave is not to be believed at all if he should try to prove any one else guilty of crime, or if he should endeavor to implicate his master in any offence. And even if he should be subjected to torture, and should confess what he has done, still he must not be believed; an exception, however, being made in the case of such slaves as have been transferred to the royal service, and are deservedly honored with the offices of the palace; that is to say, the chiefs of the grooms, of the fowlers, of the silversmiths, and of the cooks; or any besides these who are superior to them in rank or position. Moreover, to any slaves who are well and favorably known to the Emperor, and who have never been guilty of depravity or crime, permission is granted by the law to testify, as well as to persons who are freeborn. But it must not be thought that other slaves in the royal service can be called as witnesses, for no credit shall attach to any of them, unless the king should especially authorize their testimony to be taken.

V. A Witness shall not give His Testimony in Writing, but Orally; and How Testimony should be Given.

Witnesses shall not give testimony by letter, but present, in person, they shall be required to tell the truth, as far as lies in their knowledge. Nor shall they testify concerning foreign matters, but only concerning those which they know to have taken place under their own eyes. But if the witnesses, or their relatives, or friends, should either be oppressed with age or infirmity, or resident in a foreign or distant province, and should think that their testimony should be taken, and if all those concerned in the case are not residents of the same province, they shall assemble in that province, where he who is the highest in rank among the parties lives, and, either in the presence of the judge of the district, or of those whom he shall select, and those interested having been duly summoned, shall give their evidence under oath. Any other proceeding relating to such matters shall be void and of no effect in law.

VI. Concerning Those who give False Testimony.

If any one should give false testimony against another, and be detected, or should acknowledge his crime; if he is a person of rank, he shall give as much of his own property to him against whom he testified falsely, as the latter would have lost by his evidence, and he shall never again be permitted to testify in court. If he is a person of inferior rank, and does not possess the means wherewith to make amends, he shall be delivered as a slave to him against whom he testified falsely. But the cause shall by no means be lost by reason of such false testimony, unless the truth shall have been established otherwise; that is, either by a lawful and approved witness, or by just and legal documents in writing. If any one should corrupt another, either by a gift, or by fraud, and should thereby induce him to perjure himself, then, as soon as this fact shall become apparent, the instigator of the crime who aimed at the injury of another, as well is he who was induced by avarice to swear falsely, shall undergo the penalty of forgery.

VII. Concerning Those who are Proved to have given False Testimony; and Concerning the Space of Six Months in which a Witness may be Declared Infamous. It shall not be Lawful to give Testimony concerning One who is Dead.

The wickedness of those who give false testimony is not limited to this offence merely, but attempts to add another crime to that of perjury. And, therefore, because such detestable criminals are condemned to death by the Divine Law, we decree that those whom judicial authority has proved to have given false witness against their brethren, shall henceforth not be permitted to testify, as they have already been declared worthy of death, not by human, but by the Divine decree. And if any one should give evidence in court concerning any matter in dispute, and the case should be gained by his testimony, and this witness should subsequently declare that he had given false testimony in the first place, and should then testify in such a manner that his former evidence shall be overthrown; he having been influenced by friendship, or fear, or by a gift from that party against whom he formerly testified, we decree by this new law, the old one still remaining in force, that the testimony of said witness shall not be entitled to credit, and that the cause in which he perjured himself shall not be lost by reason of his testimony, unless it happens that the judgment shall be reversed by the introduction of more reliable, legitimate witnesses, or by means of properly verified documents; so that it may be proper to have a rehearing of the case, and a second decision, as herein before stated. If a party desiring to accelerate the progress of his case should produce a witness in court, and his adversary being present, the latter should declare that he cannot offer anything to contradict said witness, the matter in question shall be settled by the judge in favor of him whose witness has testified. We, however, grant the privilege to the party who declared that he did not know what he could adduce to contradict the witness, to discover, if possible, within six months, the means of contradicting him, and to remedy the defects of his case. But if, within six months, he cannot impeach this witness, and establish his infamy in court, no further time shall be given him in which to do so, or to introduce other witnesses in his behalf; and whatever has been proved by the aforesaid testimony, shall remain established for all time. And, on the other hand, if he who has the right to impeach the aforesaid witness within six months, shall be able to prove his assertions within the appointed time, and if he can thereby establish the infamy of said witness, it shall [60] be lawful for the said party to produce evidence to contradict any witness who is living. But if it should be proved that any witness who formerly testified, is dead, no testimony to impeach him shall be given. Nor shall the testimony of a living witness, in contradiction of one who is dead, ever be taken; excepting in the case of a lawful and manifest instrument in writing, in which he who is dead, confessed, over his own signature, that he was guilty of crime, or that he was been rendered publicly infamous by the sentence of a court of justice. And these statements concerning the infamy which renders any one incompetent to testify in court are sufficient. But if a debt is due from a person who is dead; or if he is accused of wrong; it shall be lawful for a party, according to another law, to prove, either by a competent witness, or by a legal document, either the existence of the debt or the commission of the wrong , and to obtain such redress as he may be entitled to.

VIII. Concerning Those who Induce Others to give False Testimony, or Encourage the Slaves of Others to Seek their Liberty.

Any one convicted of having induced another to give false testimony against a freeman, shall pay the same amount to him whom he attempted to injure by that false testimony, as the latter could have justly obtained by a judgment in court. But if a witness, asked by another to testify, is known to have given false testimony against a freeman or a liberated slave, and the latter has been reduced to servitude by his evidence, and he who introduced the witness shall not have been convicted of the fraud; the witness himself is to be subjected to the penalty herein before stated; that is, he shall be liable to him whom he wished to injure by his testimony, for the full sum involved in the suit. And if he should not have the means to make amends, he shall be delivered over, with all his property, to the party he attempted to defraud, to forever serve him as a slave. We hereby decree that the same penalty shall be inflicted upon those who have been convicted of giving false testimony in order to liberate the slaves of others, or who, by their schemes, have manifested an intention to deprive freemen of their liberty.

IX. In what Causes Slaves can Testify.

What relates to the general benefit of the public must not be neglected in our decrees, nor shall the facility for committing crime be such, that any person may think that he is exempt from the operation of the law. Since, therefore, when an affray takes place among freemen whereby death results, and no freeman is present who can give evidence of the crime, slaves may testify; so that it may be ascertained from their evidence how the homicide was committed. But for the reason that, under other circumstances, the course of justice would be obstructed as, for instance, when the accused freeman shall be some distance away, or, if at hand, should not be recognized, therefore slaves shall be permitted to testify when no freemen were present, or those who were there are implicated in the affair in question. But slaves shall not be allowed to give testimony in other cases, nor in matters of great importance, but only in such as are comparatively insignificant, as those involving the title to lands, vineyards, or buildings, which are of lesser moment, and concerning which disputes often arise between heirs or neighbors. A slave shall also be believed in matters in which he is personally interested; as, for instance, if he should be seized by others, or be illegally detained by them, and also where another slave has escaped; on his statement, when true, the former may be returned to his master, and by reliable information imparted by a slave, any dispute which has arisen on account of the ownership of another, may be ended. Nevertheless, slaves shall be considered unworthy of credit, unless they are known to be innocent of all crime, and are not grievously oppressed by poverty; and their testimony can, under no circumstances, be received to contradict that of freemen, unless, as has been hereinbefore stated, it should happen that a homicide has been committed.

X .Concerning Those who Bind themselves in Writing, not to give True Testimony in the Causes of Others.

We are aware that many persons are in the habit of entering into obligations in writing, binding themselves to promptly give evidence in their own behalf, or in that of their friends; but to furnish no information in case any one else should bring a suit against them. And because it is well established that they are contrary to truth and equity, all judges shall have the power to at once examine such contracts, cancel them, and inflict a hundred lashes on all who are mentioned in them. Yet that this punishment may not fix upon said persons any mark of infamy, it is granted to them by this law, that they shall afterwards have the right to testify, and that their liberty shall, in no way, be restrained.

XI. At what Age Minors can Testify.

It is hereby decreed that after a boy or girl has reached his or her fourteenth year, they shall be competent to testify in any case in court.

XII. A Near Relative, or a Kinsman of a Party to a Suit, cannot give Testimony against a Stranger.

Brothers, sisters, half-brothers, uncles, aunts, or their children, also grandsons and granddaughters, shall not be permitted to give evidence in court against strangers; unless relations belonging to the same family should have lawsuits among themselves, or there should not be any other freeman who can testify in the case.

[Sultan 3953]

Title V: Concerning Valid and Invalid Documents; and How Wills Should Be Drawn Up

I. What Documents are Valid in Law.

II. No Witness shall Testify as to the Contents of a Document of which He is Ignorant.

III. Concerning the Drawing Up of Contracts, and Other Legal Documents.

IV. Neither Children, nor Other heirs, shall contest the Final Disposition of Properly by their Ancestors.

V. Concerning the Penalties to which those are Liable who attempt to Repudiate their Written Contracts.

VI. Contracts and Agreements made by Slaves are Invalid, unless Ordered by their Masters.

VII. Concerning Dishonorable and Illegal Contracts.

VIII. No One shall be Liable in Person or Property, under the Terms of any Contract, where Deception has been Practiced: nor shall He be Liable to any Penalty provided by the same.

IX. Every Obligation, or Contract, which has been Extorted by Force, or Fear, shall be Void.

X. What Contracts entered into by Minors shall be Valid.

XI. How Wills shall be Drawn Up and Proved.

XII. How the Wills of those who Die during a Journey shall be Proved.

XIII. A Will must be Published in the Presence of a Priest, or of Witnesses, within Six Months.

XIV. Concerning the comparison of Handwriting, where Doubt attaches to any Document.

XV. Concerning Holographic Wills.

XVI. Concerning the Comparison of Documents, and the Infliction of Penalties prescribed by Wills.

XVII. No Testator shall be Permitted to Dispose of Property in One Way in the Presence of Witnesses, and in Another by a Written Will.

I. What Documents are Valid in Law.

All documents which have been drawn up for a year and a day, and are known to have been executed according to law; or which are confirmed by the seals or signatures of the parties, or of witnesses; shall be deemed valid. Such documents also, as any person, on account of sickness, was unable to sign, but requested witnesses to affix their signatures thereto, in his presence, shall be equally valid. And, also, where any one is requested to affix his seal or signature to a docurncnt, instead of the party himself; it shall be valid only under the condition that if the maker of said document should recover from his illness, and desiring that that which has been thus attested be irrevocably established, should confirm it by his own signature, then it shall have complete validity.

If a testator should die after making a will attested by another, as aforesaid, he who was called as a witness shall see that the will is proved by him within six months, as provided by another law.

II. No Witness shall Testify as to the Contents of a Document of which He is Ignorant.

Where any one is asked to witness a document of any kind, he must not sign it before he has read it, or has heard it read. And if he should do so, and then attempt to testify concerning what he has done negligently, his evidence shall not be received, because he was ignorant of the contents of the paper to which he affixed his signature; nor shall the document be valid, because its authenticity has not been established by legal proof.

III. Concerning the Drawing Up of Contracts, and Other Legal Documents.

All contracts and agreements, which have been properly and lawfully reduced to writing, provided they have been published for a year and a day, shall be thereafter unalterable.

IV. Neither Children, nor Other Heirs, shall contest the Final Disposition of Property by their Ancestors.

It shall not be lawful for a son, other heir, to contest the just and legitimate provisions of the will of an ancestor, because it is presumption in him who attempts to nullify the acts of his ancestors.

V. Concerning the Penalties to which those are Liable who attempt to Repudiate their Written Contracts.

He who repudiates a contract, or obligation, lawfully and properly executed, unless some more powerful person compelled him to do so by force; and afterwards, before the cause is heard, shall pay the penalty prescribed by the said contract, or obligation, then the latter shall be valid. And any contract or obligation, properly drawn up between the parties, even if it contains no penalty, shall under no circumstances, be altered or cancelled. And whatever things are set out in writing in contracts or obligations, shall be perfectly valid; and especially if a party has drawn them up himself, and they have reference to any indebtedness incurred by him.

VI. Contracts and Agreements made by Slaves are Invalid, unless Ordered by their Masters.

Honor and justice both demand that, where slaves enter into contracts in writing, or in the presence of witnesses, and not by the order of their masters, such contracts shall be void.

VII. Concerning Dishonorable and Illegal Contracts.

We hereby decree that any contract or obligation, entered into by any person whomsoever, which is injurious and unlawful, shall be void.

VIII. No One shall be Liable in Person or Property, under the Terms of any Contract, where Deception has been Practiced: nor shall He be Liable to any Penalty provided by the same.

The practices of wicked and depraved men should always be opposed by the authority of the law. For the reason, therefore, that the avarice of designing persons often fraudulently ensnares others, and induces them to enter into contracts whereby their liberty and their property are lost, such transactions are hereby absolutely prohibited. And whenever a contract is entered into, the penalty for its violation shall not be more than double the amount involved; or triple the amount, if a sum of money be in dispute. But, under no circumstances shall a person be permitted to pledge all his property or his person for the debt of another, because it is manifestly unjust that any one should be ruined personally and financially on account of such indebtedness; and therefore, any obligation or contract made in violation of this law, shall be void and of no effect.

IX. Every Obligation, or Contract, which has been Extorted by Force, or Fear, shall be Void.

Any contract which a person of high or low rank has extorted by force or fear; that is, if he who makes it has been put in prison, or threatened with violent death, or undergone any punishment, or any indignity whatever, or suffered injury of any kind, in an attempt to compel its execution; then any obligation or agreement made under such circumstances shall be void.

X. What Contracts entered into by Minors shall be Valid.

Minors under fourteen years of age who wish to dispose of their property by will, or in any other manner, whether in writing, or in the presence of witnesses, shall not be permitted to do so, unless in case of serious illness, or impending death. But if they should be impelled by necessity, as aforesaid all minors who are more than ten years of age, have full liberty to make such disposition of their property as they may desire. If, however, they should recover from their illness, whatever they have done shall be void, unless, being ill a second time, they should confirm what they have previously done; or, having reached their fourteenth year, they should have full authority to act for themselves in all matters in which they are interested. All persons who are insane from infancy, or indeed from any age whatever, and remain so without intermission, cannot testify, or enter into a contract, and, if they should do so, it would have no validity. But such as have lucid intervals, shall not be prohibited from transacting business during those periods.

XI. How Wills shall be Drawn Up and Proved.

The last will of a dying person, whether it be signed by his hand and those of witnesses, or confirmed by the seals and signatures of all parties; or even if the testator could not write, or attach his seal, and someone else be requested by him to affix his signature, or seal, instead of his own, along with those of lawful witnesses, or if the wishes of said testator should only be expressed verbally, in the presence of others; where any one of the methods above stated is adopted, the will shall be valid in law. But care must especially be taken that those wills which are executed according to the first and second regulations, that is, such as are signed by the testator and witnesses, or confirmed by the seals of either of these parties, shall be published in the presence of an ecclesiastic within six months, as has been provided for in another law. And if it should happen that the maker of the will, who should have signed it, attaches his seal, the witness who has signed the will, must establish the fact by oath, and explain why the testator attached his seal. But those wills that are executed under the third provision hereinbefore [68] stated, that is, where a competent witness subscribed it at the request of the testator, shall be considered valid if published within six months. And he who signed the will instead of the testator, and the witnesses who had been requested by the latter to be present, shall make oath concerning these facts, before the judge, and shall swear that there was no fraud in the execution of the will signed by them, but that it was drawn up according to the wishes of the testator himself, and that they appeared at his request, and thus the act of the agent of the testator who subscribed the will in his stead shall be proved and confirmed. But a will made verbally, in the presence of witnesses, which the testator, being in extremity, was not able to put in writing, shall be fully proved if the witnesses who heard it, and appeared at the request of the testator, should confirm by oath, in the presence of the judge, within the space of six months, what the testator had declared; and this oath must be signed by the judge as well as by the witnesses. And when the affair shall have been fully settled, the witnesses shall receive for their trouble the thirtieth part of the property of the defunct; but only in money, conveyances, and books, which otherwise would belong to the heirs. The witnesses must, within six months, serve notice upon those who are interested in the settlement of the estate, of the disposition of the same made by the testator.

If any of the witnesses should neglect to carry out the provisions of this law within the appointed time, they shall be liable to the penalty of forgery; excepting, however, they should be able to prove that they had been prevented from performing their duty within the six months aforesaid, either through the fraud or deception of others, or by the royal order; under which circumstances no blame shall be attached to them.

XII. How the Wills of those who Die during a Journey shall be Proved.

If any one should die while on a journey, or on a public expedition, if there should be no freeman with him, he may write his will with his own hand. But if he does not know how to write, or if, from weakness, is unable to do so, he may communicate his wishes to his slaves, whose good faith must subsequently be established by the bishop and the judge. And if the said slaves, at no time previously, have been guilty of fraud, their statements shall be received and reduced to writing, sworn to, and attached by the signatures of the bishop and the judge; and afterwards, if confirmed by the royal authority, they shall be valid.

XIII. A Will must be Published in the Presence of a Priest, or of Witnesses, within Six Months.

A written will must be published within six months, either in the presence of a priest, or of witnesses. And if any one should suppress a will through fraud, he shall be compelled to pay as much out of his own property to the beneficiaries of said will, as they are entitled to according to its provisions.

XIV. Concerning the Comparison of Handwriting, where Doubt attaches to any Document.

Documents of every description, where he who made them and the witnesses to the same are dead, and in which the signature of the former and the attestation of the witnesses appear, when brought into court to be verified, may be proved by comparison of their seals and signatures with those of other documents; and the proof shall be sufficient in this investigation, if the seals and signatures of three or four other documents, when introduced, shall be evidently those of the parties in question. But if the documents aforesaid shall not have been published within the time prescribed by law, they shall be invalid.

XV. Concerning Holographic Wills.

It happens frequently, through necessity, that the solemnities of the law cannot be complied with; and where the locality is such that witnesses cannot be found, by whom any one may have his will subscribed according to the regulations required by law, the testator may write those things in his own hand which he desires to have done; provided it be specifically stated, what he intends to dispose of, or what business he wishes any one he may select to transact; the clay and the year being both given in the instrument. And when the will has been written, the testator himself shall sign it; and if said will should come into the possession of him for whose benefit it was made, or into that of his heirs, within thirty years, it must be presented to the bishop or the judge within six months thereafter. The bishop and the judge -- three other documents having been produced in which the signature of the testator appears -- shall then determine, by comparison of all these documents, whether the will which the testator wrote with his own hand is genuine or not, and if it should become evident that it is genuine, then the bishop, or the judge, or other reputable witnesses, shall confirm the same by their signatures, and, in this manner, the said holographic will shall be fully proved and established.

XVI. Concerning the Comparison of Documents, and the Infliction of Penalties prescribed by Wills.

As we should not, where it is proper to do so, refuse salutary remedies to those who are in distress, so we should justly impose censure where irrational contention occurs. Hereafter, when any dispute arises concerning the will of an ancestor, which appears to have been drawn up justly and legally, and according to obligations which have been incurred; if any interested party to whom the will is shown, should say that he does not know that it is true, he who has produced it must immediately swear that no fraud or mutilation has been made therein at any time. by him, or by any one else, so far as he knows, but that it still remains just as the testator executed it. Then he who refused to accept it shall be forced to swear that he does not know that said will is authentic, and does not recognize it, and is not aware that it has been legally drawn up, or that the seal or signature of the maker is genuine. Then search must be made by both parties, among the effects of the deceased, for instruments in writing; so that, by comparison with the seals and signatures of other documents, it may be properly established, whether the matter alleged is true or false. Then, if documents of the testator should not be found, by comparison with which the will in question can be proved, he who introduced the will shall make diligent inquiry, wherever he can, for other papers of the testator, by comparison with which he may prove the will in question. And if, after all these efforts, the truth should not be ascertained, he who introduced the will, even if he had summoned witnesses from a distance, must pay all expenses; and he who refused to accept it, shall not be liable to any penalty whatever. But in such cases, if he who declared the will to be fraudulent, did so, not for the sake of truth, but solely for the annoyance of the other party, and to compel him to summon witnesses, and incur expense, in order to establish the genuineness of the will; then he who introduced the will, must prove by witnesses that it is true and unmutilated; and he who, through an unjust contention, has caused annoyance and expense to his adversary, must pay the amount of the penalty mentioned in the will. But if he has not sufficient property, after an estimate has been made of the same, to pay the sum which the testator prescribed, or openly refuses to pay said penalty, he shall be forced to surrender to him whom he has wronged, all that he would have inherited from the testator. We decree that this law shall apply to the wills of parents alone: because we see that sons or grandsons very frequently are involved in unjust disputes with one another. This exception, however, is made, that if a will shall be found to be in any way, opposed to the laws, any one is free to dispute its validity.

XVII. No Testator shall be Permitted to Dispose of Property in One Way in the Presence of Witnesses, and in Another by a Written Will.

The evidence, either oral or written, by means of which the proof of a bequest from one person to another is established, and which should be true and manifest, is often rendered doubtful; so that the intentions of the testator, concerning the gifts and other matters set forth in his will, can with difficulty be determined; for the reason that while he has made certain statements in his will, he has made others, of a directly contrary character, secretly, in the presence of witnesses.

Thus, by reason of this duplicity, it is evident that there are practically two wills; for clearness and honesty are excluded, where one thing is published openly, and another secretly stated in the presence of witnesses.

And, where any one who has executed a document conveying property of any kind to another, by gift or sale, shall be found to have made a different disposition of said property before a witness, than he did in writing; he shall pay the penalty prescribed in the document to him upon whom this deceit has been practiced; and, in addition to this, he shall never be permitted to recover what he has surrendered.

Nor shall any witness be allowed to testify concerning anything which is not contained in a will; so that, hereafter, all temptations for dispute having been removed, whatever is found to be the manifest and lawful tenor of such documents may not be brought into dispute, through the machinations of a corrupt witness.

This law shall have equal force with those already promulgated.

If he who offers a will is of such rank and power that the said will appears to have been rather exacted by, than offered to him, and this fact can be proved, then the will shall be declared invalid; and the property disposed of by it shall be distributed among the heirs according to law.

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Moved to the Great Library. It shall be sorted into appropriate category shortly.