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. |
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