As We are accustomed to moderate the excessive severity of ancient laws, We think that it is necessary to pursue this course in the present case with reference to appeals. For the ancient law prescribed that anyone who conducted his own case and lost it should have only two days in which to take an appeal, but when this was done by means of an attorney, the time could be extended to three days. We, however, have learned by experience that this was productive of injury, for many men being ignorant of the subtlety of the law, and thinking that an appeal could be brought within three days, allowed the two days to elapse, and thereby lost their right. Wherefore We have considered it necessary to apply a suitable remedy.

  Hence We order that all appeals from the decisions of judges of either superior or inferior jurisdiction (with the sole exception of the Sublime Praetorian Prefects), whether instituted by the parties themselves or by their attorneys, defenders, curators, or guardians, shall be filed within ten days after the rendition of the judgment. We grant this term to persons engaged in lawsuits in order to enable them to determine whether they will take an appeal or not, and lest, through the influence of fear, an appeal may be taken without proper consideration, a course which would increase the number of appellants; but now all shall have a sufficient time for deliberation, which will restrain the unreflecting precipitancy of litigants.

  We have provided that when an appeal is taken to Our Consistory, and the hearing of the same has been deferred on account of the Emperor being employed with the dispatch of public business, and the Senators cannot be called together for this reason, the appeal shall not be exposed to risk on this account. For how can the appellants be to blame when the Emperor is occupied with other matters? Or who has sufficient authority to compel the sovereign to convoke the Senators and other officials, when he is unwilling to do so? When anything of this kind happens, the case shall remain in abeyance until the Emperor voluntarily calls together the Senators and nobles, and allows the matter to be brought before him, and everything to proceed as is customary.

  In this, the third chapter, a matter must be disposed of which was settled in ancient times, but has recently been neglected. For, formerly, when magistrates of superior, intermediate, and inferior rank, were appointed, appeals, when taken, instead of being brought before the superior magistrate, were filed in the tribunal of the intermediate judges, who, together with their associates, decided them. In modern times, however, this course is no longer pursued, for Our judges of superior rank are annoyed by appeals in cases of trifling importance, and litigants are subjected to great expense where insignificant matters are involved, so that the value of the entire property in controversy is not as much as the costs incurred. Therefore We order that when an appeal is taken in Egypt, or in either Lybia, in a case where an article is worth ten pounds of gold, it shall not be brought to this royal city, but before the Augustal Prefect, who shall hear and dispose of it instead of the Emperor, and that no appeal can be taken after he has rendered a final decision.
  (1) In like manner, whenever, either in Asia or Pontus, an appeal is taken in an action where property to the aforesaid amount of ten pounds of gold is involved, it shall be brought before the Counts, Proconsuls, Praetors, or Governors whom We have especially authorized to hear it. These magistrates shall take the place of the Emperor, just as the Augustal Prefect does, and shall hear such suits and decide them, having the fear of God and the law before their eyes, without the right of further appeal. Cases which have been in abeyance in the East, because appeals have been taken, and which are limited to the said value of ten pounds of gold, shall be sent before the Count of the East, who shall hear and finally dispose of them.

  It must be observed that magistrates having the title of spectabiles, or others invested with similar jurisdiction, cannot have their decisions reviewed by other judges of the same rank, when appeals are taken, no matter what may be the amount of the property involved (as appeals must not be brought before judges of equal authority, but from the decisions of those of inferior jurisdiction, to others of more exalted rank), but by the Illustrious Prefect (as has already been stated), who with the distinguished Quaestor in office at the time, shall decide them with the assistance of their subordinates, that is to say, the employees of the Imperial Bureau of Records and of the Praetorian Prefecture. We make this provision in order that appeals from the Proconsuls or other magistrates who, charged with no other public duties, have been appointed by the Emperor, may not be brought indiscriminately before the aforesaid judges without observing the distinction of rank. We, however, desire that appeals from the Governors of provinces and judges appointed by Us, where the latter are not spectabiles, shall be restricted to cases where the above-mentioned amount is involved. But where superior judges have been appointed by Us whose rank is above that of those referred to, or Proconsuls, or any other magistrates of equal official dignity who have been commissioned by the Emperor, their appeals, no matter what the value of the property in dispute may be, shall be brought to this Imperial City, where competent magistrates will hear and determine them, in conformity with ancient custom. Everything prescribed by the ancient authorities, by former constitutions, or by Ourself, shall, in all other matters relating to appeals, remain in full force and effect.

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