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Summary. A judge must employ a
notary or two competent men to put in writing the acts of the judicial process,
so that if a dispute arise regarding any action of the judge, the truth can be
established by referring to these documents. If any difficulty should arise
because of a neglect of this, let the judge be punished.
Text. Since against the
false assertion of an unjust judge the innocent party sometimes cannot prove
the truth of a denial, because by the very nature of things there is no direct
proof of one denying a fact, that falsity may not prejudice the truth, and
injustice may not prevail over justice, we decree that in an ordinary as well
as extraordinary inquiry (judicium) let the judge always employ either a
public person (if he can be had) or two competent men who shall faithfully take
down in writing all the acts of the inquiry, namely, citations and delays,
refusals and exceptions, petitions and replies, interrogations and confessions,
the depositions of witnesses and preesentation of documents, interlocutions,
appeals, renunciations, decisions, and other acts which take place must be
written down in convenient order, the time, places, and persons to be
designated. A copy of everything thus written is to be handed to each of the parties,
the originals are to remain in possession of the writers; so at if a dispute
should arise in regard to any action of the judge, the truth can be established
by a reference to these documents. This provision is made to protect the
innocent party against judges who areimprudent and dishonest. A judge who
neglects to observe this decree, if on account of this neglect some difficulty
should arise, let him be duly punished by a superior judge; nor is there any
presumption in favor of doing things his way unless it be evident from
legitimate documents in the case.
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