THE ENACTMENTS OF JUSTINIAN.
  
THE NOVELS.
~  CXXVI  ~
A COPY OF THE IMPERIAL FORM HAVING REFERENCE TO APPEALS.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 
The Emperor Justinian to Peter, Most Glorious Praetorian Prefect of the East.
PREFACE.
  The most Holy Princes Theodosius and Valentinian expressly set forth in a law that the Quaestor of the Imperial Palace, along with the Prefect of the Praetors of the East, who temporarily occupies the throne of Your Excellency, shall examine cases which have been appealed according to the form of the Imperial Consultations. We have, however, ascertained that in examinations of this kind, things take place which are unworthy of Our Empire and of Our Government. For litigants, agents, and their advocates, as well as all those who perform legal duties in cases taken up on appeal, when they appear before Our magistrates, use the garments, the coverings of the feet, as well as the language which should only be employed by those who appear in the presence of Our Imperial Majesty. In addition to this, the said magistrates render their decisions, not in their own names, but as if We Ourself were present, and were deciding and issuing decrees in Our own person.
CHAPTER I.
  We forbid this to be done in the future, in any judicial proceeding whatsoever, and order that the Quaestor of Our Palace at the time in office, along with Your Excellency, to hear suits of this kind with the Imperial Praetorian Prefect, and not render interlocutory decrees in Our name, but in theirs, and to pronounce judgment in accordance with law. The secretaries alone shall discharge their duties in these proceedings and the magistrates are also notified that if anything should be committed in violation of these provisions, while they are determining such cases, they will be considered guilty of treason.
CHAPTER II.
  Again, We order with reference to all appeals, that whenever an appeal is taken, and all the parties are present on the last day of the prescribed term, the judges shall without delay hear all the facts of the case, as well as the decision from which the appeal was taken, and render judgment in conformity with law and justice. But when the appellant appears alone on the last day, We direct that if the defendant who has been notified to be present, does not appear on the same day, the judges, after having examined the documents, shall legally decide the case; but if, on the other hand, the defendant should appear, and the plaintiff, after having been notified, does not do so, the judges shall wait not only until the end of the term allowed for appearance, but also the entire time granted for satisfaction, that is to say, three months. If the appellant should not then present himself, the decision shall not be confirmed by lapse of time; but, as only one of the parties is present in court, the judges shall examine the decision appealed from, and if they find that it has been regularly rendered, they shall affirm it. Where anything has been admitted through negligence, they must correct it, and render judgment in conformity to law. But where the hearing of the appeal had been begun within the prescribed time by both parties, or by one alone, the decision shall not be confirmed by the lapse of two years, but justice and the truth must diligently be taken into consideration; the judges shall render a final decision in the presence of one or both the parties; and We order that the examination of cases of this kind shall not be continued for a longer period, as has been done up to this time in former appeals, but that it shall take place upon the appointed day.
CHAPTER III.
  Hence We decree that all judges shall, without fail, receive appeals not forbidden by the law which are brought before them during the prescribed time. But they must give their written acknowledgment of the appeal to the parties litigant within thirty days after it has been taken, and this document shall bear their signature, in order that the parties may, for their own security, give notice of the same to a competent magistrate. If any judge should neglect to do this, the decision shall be confirmed by lapse of time, and the judge who did not observe what We order shall be compelled to make good out of his own property any loss which the litigant may have sustained because the document granting the appeal was not issued, and he shall, in addition, pay a fine of ten pounds of gold for the benefit of the Treasury of Our Private Affairs.
EPILOGUE.
  Therefore Your Glorious Authority, born for the administration of important matters, will take pains to publish the present law in this Royal City, and to promulgate it elsewhere, in order that all Our subjects may learn what they are obliged to do.