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The Visigothic Code

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The Visigothic Code The Visigothic Code Index Contents Preface Book 1 Book 2 Book 3 Book 4 Book 5 Book 6 Book 7 Book 8 Book 9 Book 10 Book 11 Book 12 1 2 THE LIBRARY OF IBERIAN RESOURCES ONLINE The Visigothic Code: (Forum judicum) ed. S. P. Scott CONTENTS Preface Book I: Concerning Legal Agencies Title I: The Lawmaker Law I: What the Method of Making Laws Should Be. Law II: How the Lawmaker Should Act. Law III: What Should be Required of the Lawmaker. Law IV: What the Conduct of the Lawmaker Should Be in his Daily Life. Law V: How the Lawmaker Should Impart Advice. Law VI: What Manner of Speech the Lawmaker Should Use. Law VII: How the Lawmaker Should Act in Rendering Judgment. Law VIII: How the Lawmaker Should Comport Himself in Public and Private Affairs. Law IX: What Instruction it is Fitting That the Lawmaker Should Give Title II: The Law Law I: What the Lawmaker Should Observe in Framing the Laws. Law II: What the Law Is. Law III: What the Law Does. Law IV: What the Law Should Be. Law V: Why the Law is Made. Law VI: How the Law Should Triumph over Enemies. Book II: Concerning the Conduct of Causes Title I: Concerning Judges, and Matters to be Decided in Court Law I: When Amended Laws Should come in Force. Law II: The Royal Power, as well as the Entire Body of the People should be Subject to the Majesty of the Law. Law III: It is Permitted to No One to be Ignorant of the Law. Law IV: The Business of the King shall First be Considered, then that of the People. Law 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. Law VI: Concerning Those who Abandon the King, or the People, or their Country, or who Conduct themselves with Arrogance. Law VII: Of Incriminating the King, or Speaking Ill of Him. Law VIII: Of Annulling the Laws of Foreign Nations. Law IX: No One shall presume to have in his Possession another Book of Laws except this which has just been Published. Law X: Concerning Fast Days and Festivals, during which No Legal Business shall be Transacted. Law XI: No Cause shall be Heard by the Judges which is not Sanctioned by the Law. Law XII: When Causes have 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. Law 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. Law XIV: What Causes shall be Heard, and to what Persons Causes shall be Assigned for a Decision. Law XV: Judges Shall Decide Criminal as well as Civil Causes. Law XVI: Concerning the Punishment of Those who Presume to Act as Judges, Who have not been Invested with Judicial Power. Law XVII: Concerning Those who Ingore the Letters of the Judge, or His Seal, Calling Them to Court. Law XVIII: Where a Judge Refuses to Hear a Litigant, or Decides Fraudulently or Ignorantly. Law XIX: Where a Judge, either through Convenience to Himself or through Want of Proper Knowledge, Decides Fraudulently or Ignorantly. Law XX: Where a Judge, either through Deceit or Cunning, imposes Needless Costs upon Either or Both the Parties to a Suit. Law XXI: What, First of All, a Judge should be Familiar With, in order that he May Understand a Case. Law 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. Law XXIII: How a Judge should render Judgment. Law XXIV: Concerning the Emoluments and the Punishment of the Judge, and of the Bailiff. Law XXV: Everyone who is Invested with Judicial Power shall Legally bear the Title of Judge. Law XXVI: Every Bond which is Exacted by a Judge, after an Unjust Decree, shall be held Invalid. Law 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. Law XXVIII: Concerning the Power Conferred upon Bishops, of Restraining Judges who Decide Wrongfully. Law XXIX: The Judge, when Inquired or by a Party, should be able to give a Reason for his Decision. Law XXX: Concerning the Punishment of Judges who Appropriate the Property of Others. Law XXXI: Concerning Those who Treat the Royal Order with Disdain. Law XXXII: How the Judge should Inquire into Causes by the Ordeal of Hot Water. Title II: Concerning Causes Law I: No One can Refuse to Answer because the Plaintiff Never Presented his Claim to Him. Law II: The Court must be Disturbed by no Clamor or Tumult. Law III: Where there are Many Litigants, Two may be Chosen who shall have Power to carry on the Suit. Law 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. Law 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. Law VI: Both Parties shall be Required to Furnish Testimony. Law VII: Concerning the Journey which Anyone Compels an Innocent Person to Make. Law 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. Law IX: Concerning Those who Venture to Defend the Suits of Others. Law X: No Freeman shall Refuse to Answer the Slave of another in Court. Title III: Concerning Constituents and Commissions Law I: Princes and Bishops should not Conduct their Cases in Court in Person, but through their Subjects or Subordinates. Law II: The Judge must inquire of a Litigant, whether the Suit brought by Him is his Own, or that of Another. Law III: He who cannot conduct his Cause Himself must give Written Authority to his Attorney. Law 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. Law V: If He who has Appointed an Attorney Suffers Delay, He can revoke his Commission. Law VI: It shall not be Lawful for a Woman to Act as an Attorney, but She may Conduct her Own Case in Court. Law VII: The Constituent shall receive the Benefit, and bear the Loss, resulting from Proceedings Instituted by his Attorney. Law VIII: If an Attorney should die, his Heirs shall be entitled to his Fees. Law IX: What Persons those in Power, and those that are Poor, may appoint to Conduct their Cases. Law 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. Title IV: Concerning Witnesses and Evidence Law I: Concerning Persons who are not Permitted to Testify. Law II: Witnesses shall not Testify except under Oath; Where both parties offer Witnesses which shall be Believed; and Where a Witness Testifies Falsely. Law III: Where a Witness Testifies Orally, and Written Evidence Contradicts Him. Law IV: A Slave shall not be Believed unless he Belongs to the Crown; and When Royal Slaves shall be Believed. Law V: A Witness shall not give his Testimony in Writing, but Orally, and how Testimony should be Given. Law VI: Concerning Those who give False Testimony. Law 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. Law VIII: Concerning Those who Induce Others to give False Testimony, or to Encourage the Slaves of Others to Seek their Liberty. Law IX: In what Causes Slaves can Testify. Law X: Concerning Those who Bind Themselves in Writing, not to give True Testimony in the Cause of Others. Law XI: At what Age Minors can Testify. Law XII: A Near Relative or a Kinsman of a Party to a Suit cannot give Testimony against a Stranger. Title V: Concerning Valid and Invalid Documents and How Wills Should be Drawn Up Law I: What Documents are Valid in Law. Law II: No Witness shall Testify as to the Contents of a Document of which He is Ignorant. Law III: Concerning the Drawing Up of Contracts, and Other Legal Documents. Law IV: Neither Children, nor other Heirs, shall contest the Final Disposition of Property of their Ancestors. Law V: Concerning the Penalties to which those are Liable who attempt to Repudiate their Written Contracts. Law VI: Contracts and Agreements made by Slaves are Invalid, unless Ordered by their Masters. Law VII: Concerning Dishonorable and Illegal Contracts. Law 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. Law IX: Every Obligation, or Contract, which has been Extorted by Force, or Fear, shall be Void. Law X: What Contracts entered into by Minors shall be Valid.
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