THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ CXXV ~ |
JUDGES
SHALL NOT WAIT FOR IMPERIAL ORDERS, BUT SHALL DECIDE IN WHATEVER MANNER
THEY THINK BEST. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The Emperor Justinian to Gabriel, Most Glorious Praetorian Prefect of the East. |
PREFACE. |
As many magistrates,
after long arguments have been made and great expense incurred by persons
in cases tried before them, refer them to Us, We have deemed it necessary
to suppress this abuse by means of a general law, in order that litigation
may not be protracted, and that new trials may not result. |
CHAPTER I. |
Therefore
We order all judges not to refer to Us, in any way or at any time, suits
which have been brought before them, but to examine them carefully,
and make such disposition of them as may appear to be just and lawful;
and where all the parties interested acquiesce in their decisions, they
shall be executed in conformity with law. But where one of the litigants
thinks that he has been injured by a decree, he can avail himself of
the right of appeal, and the case shall then be heard and determined
in the order prescribed by law. Where, however, two or more judges hear
a case, and are of different opinions, We order each of them to render
his decision in accordance with what seems to him to be proper.
Your Highness, together
with all superior and inferior magistrates, will exert yourself to see
that the provisions which We have inserted in the present law are observed
in perpetuity; so that no one may be ignorant of what We enact for the
benefit of Our subjects, and that notices are issued in such a way as
to occasion them no unnecessary expense. |
Given
at Constantinople, on the Ides of October, during the reign
of Our Lord the Emperor Justinian, and the Consulate of Basil. |
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