Chapter III: Book II: Concerning the Conduct of Causes

TITLE I.--_Concerning Judges, and Matters to be
Decided in Court._

I. When Amended Laws Should come in Force 11

II. The Royal Power, as well as the Entire Body of the
People should be Subject to the Majesty of the Law 12

III. It is Permitted to No One to be Ignorant of the Law 13

IV. The Business of the King shall First be Considered,
then that of the People 13

V. How the Avarice of the King should be Restrained in
the Beginning, and How Documents Issued in the
Name of the King should be Drawn Up 14

VI. Concerning Those who Abandon the King, or the
People, or their Country, or who Conduct themselves
with Arrogance 17

VII. Of Incriminating the King, or Speaking Ill of Him 19

VIII. Of Annulling the Laws of Foreign Nations 20

IX. No One shall presume to have in his Possession another
Book of Laws except this which has just been
Published 20

X. Concerning Feast Days and Festivals, during which No
Legal Business shall be Transacted 21

XI. No Cause shall be Heard by the Judges which is not
Sanctioned by the Law 22

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 King 23

XIII. It Shall be Lawful for No One to Hear and Determine
Causes except Those Whom either the King, the
Parties by Voluntary Consent, or the Judge, shall
have Invested with Judicial Powers 23

XIV. What Causes shall be Heard, and to what Persons
Causes shall be Assigned for a Decision 24

XV. Judges Shall Decide Criminal as well as Civil Causes 24

XVI. Concerning the Punishment of Those who Presume to
Act as Judges, Who have not been Invested with
Judicial Power 24

XVII. Concerning Those who Ignore the Letters of the Judge,
or His Seal, Calling Them to Court 25

XVIII. Where a Judge Refuses to Hear a Litigant, or Decides
Fraudulently or Ignorantly 27

XIX. Where a Judge, either through Convenience to Himself
or through Want of Proper Knowledge, Decides
a Cause Improperly 28

XX. Where a Judge, either through Deceit or Cunning,
imposes Needless Costs upon Either or Both the
Parties to a Suit 29

XXI. What, First of All, a Judge should be Familiar With,
in order that he May Understand a Case 29

XXII. Where the Integrity of a Judge is said to be Suspected
by Anyone of Honorable Rank, or where a Judge
presumes to render a Decision Contrary to Law 30

XXIII. How a Judge should render Judgment 31

XXIV. Concerning the Emoluments and the Punishment of
the Judge, and of the Bailiff 32

XXV. Everyone who is Invested with Judicial Power shall
Legally bear the Title of Judge 33

XXVI. Every Bond which is Exacted by a Judge, after an
Unjust Decree, shall be held Invalid 34

XXVII. An Unjust Decree, or an Unjust Interpretation of the
Law, Prompted by Fear of the Throne, or Made by
Order of the King, shall be Invalid 34

XXVIII. Concerning the Power Conferred upon Bishops, of
Restraining Judges who Decide Wrongfully 35

XXIX. The Judge, when Inquired of by a Party, should be
able to give a Reason for his Decision 35

XXX. Concerning the Punishment of Judges who Appropriate
the Property of Others 36

XXXI. Concerning Those who Treat the Royal Order with
Disdain 36

XXXII. How the Judge should Inquire into Causes by the
Ordeal of Hot Water 37

TITLE II.--_Concerning Causes._

I. No One can Refuse to Answer because the Plaintiff
Never Presented his Claim to Him 38

II. The Court must be Disturbed by no Clamor or Tumult 38

III. Where there are Many Litigants, Two may be Chosen
who shall have Power to carry on the Suit 39

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 39

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 40

VI. Both Parties shall be Required to Furnish Testimony 41

VII. Concerning the Journey which Anyone Compels an
Innocent Person to Make 42

VIII. Where Anyone Residing in the District of one Judge
has a Cause of Action against a Party Living in the
District of another Judge 42

IX. Concerning Those who Venture to Defend the Suits of
Others 44

X. No Freeman shall Refuse to Answer the Slave of
another in Court 45

TITLE III.--_Concerning Constituents and Commissions._

I. Princes and Bishops should not Conduct their Cases
in Court in Person, but through their Subjects or
Subordinates 47

II. The Judge must inquire of a Litigant, whether the
Suit brought by Him is his Own, or that of Another 48

III. He who cannot conduct his Cause Himself must give
Written Authority to his Attorney 48

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 49

V. If He who has Appointed an Attorney Suffers Delay,
He can revoke his Commission 50

VI. It shall not be Lawful for a Woman to Act as an
Attorney, but She may Conduct her Own Case in
Court 50

VII. The Constituent shall receive the Benefit, and bear the
Loss, resulting from Proceedings Instituted by his
Attorney 51

VIII. If an Attorney should die, his Heirs shall be entitled
to his Fees 51

IX. What Persons those in Power, and those that are
Poor, may appoint to Conduct their Cases 52

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 52

TITLE IV.--_Concerning Witnesses and Evidence._

I. Concerning Persons who are not Permitted to Testify 54

II. Witnesses shall not Testify except under Oath; Where
both parties offer Witnesses which shall be Believed;
and Where a Witness Testifies Falsely 54

III. Where a Witness Testifies Orally, and Written Evidence
Contradicts Him 54

IV. A Slave shall not be Believed unless he Belongs to the
Crown; and When Royal Slaves shall be Believed 56

V. A Witness shall not give his Testimony in Writing, but
Orally, and How Testimony should be Given 57

VI. Concerning Those who give False Testimony 58

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 58

VIII. Concerning Those who Induce Others to give False
Testimony, or Encourage the Slaves of Others to
Seek their Liberty 60

IX. In what Causes Slaves can Testify 61

X. Concerning Those who Bind Themselves in Writing,
not to give True Testimony in the Cause of Others 62

XI. At what Age Minors can Testify 62

XII. A Near Relative or a Kinsman of a Party to a Suit,
cannot give Testimony against a Stranger 62

TITLE V.--_Concerning Valid and Invalid Documents and How Wills
Should be Drawn Up._

I. What Documents are Valid in Law 64

II. No Witness shall Testify as to the Contents of a Document
of which He is Ignorant 64

III. Concerning the Drawing Up of Contracts, and Other
Legal Documents 65

IV. Neither Children, nor Other Heirs, shall contest the
Final Disposition of Property by their Ancestors 65

V. Concerning the Penalties to which those are Liable
who attempt to Repudiate their Written Contracts 65

VI. Contracts and Agreements made by Slaves are Invalid,
unless Ordered by Their Masters 65

VII. Concerning Dishonorable and Illegal Contracts 66

VIII. No One shall be Liable in Person or Property, under
the Terms of any Contract, where Deception has
been Practised; nor shall He be Liable to any
Penalty provided by the same 66

IX. Every Obligation, or Contract, which has been Extorted
by Force, or Fear, shall be Void 66

X. What Contracts entered into by Minors shall be Valid 66

XI. How Wills shall be Drawn Up and Proved 67

XII. How the Wills of those who Die during a Journey shall
be Proved 68

XIII. A Will must be Published in the Presence of a Priest,
or of Witnesses, within Six Months 69

XIV. Concerning the Comparison of Handwriting where
Doubt attaches to any Document 69

XV. Concerning Holographic Wills 70

XVI. Concerning the Comparison of Documents, and the
Infliction of Penalties prescribed by Wills 70

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 72