Persons who make comparisons of different cases are not easily mistaken if they carefully examine the truth; for it is probable that those are in error who, in considering the multitude of laws promulgated by Us on every subject, do not take into consideration the necessity which compels Us to publish new enactments, with a view to providing for cases which have not been foreseen by laws already enforced, an instance of which has recently occurred. A certain man who alleged that he was the creditor of another, being aware that his debtor was about to die, collected a number of officials and several slaves, and with them invaded the chamber of the man who was at the point of death. The latter, being alarmed, began to cry out, until overcome by the violence of his sufferings, he gave up the ghost; and then the creditor, on his own responsibility, affixed his seals to the property of the deceased, although there was no magistrate present, and he did not observe any legal or civil formality; and not only did not retire, but was not ashamed to abuse the deceased, and at first insisted that no funeral should take place. Afterwards, when the funeral procession had begun to remove the corpse from the house, he refused to permit the bier to be carried in public, stating that this should not be done unless payment of his debt was made, or until a surety had been furnished, and that only under such circumstances would he allow the body of the deceased to be placed in the grave. While We have already laid down suitable rules with reference to a case of this kind, We still think it is necessary to remedy the abuse by means of a law of general application, in order to prevent such an act from being repeated, and always remaining without proper legislation.

  Therefore We decree that if anyone, while a person who he thinks is indebted to him is still living, should enter his house and annoy him or members of his family, for instance, his wife, his children, or any of the members of his household, and presume, on his own authority, to place his seals on the property of the person who is ill, without having previously obtained a decree, and observing the ordinary legal formalities, he shall, after the death of him who he alleges is indebted to him, be absolutely deprived of all rights of action against him, whether they are well founded or not; and an amount equal to that which he says is due to him shall be collected from him, and paid to the heirs of the deceased. He shall also suffer the loss of the third part of his property (a penalty which the philosophical Emperor Marcus inserted in his laws), and be branded with infamy; for he who does not blush to injure human nature deserves to be deprived of money, reputation, and everything else.
  (1) If, after the death of a debtor, his creditor should interfere with the funeral ceremonies in such a way as to prevent them from taking place, a law which was promulgated by Our Father imposes a penalty upon him, but a still more severe one will be imposed upon him by Our laws, for We decree that he shall be subjected to the punishment that the present law inflicts upon creditors who abuse dying debtors in the manner which We have mentioned. The Most Glorious Prefect of this Fortunate City, who is charged with the suppression of crime, shall pay special attention to the prevention of what is treated of in this law, and the Most Glorious Praetorian Prefect, as well as the Most Glorious Master of the Imperial Offices, will see that it is enforced; for it is necessary that the right to prevent and punish wrongs against nature should be granted to all magistrates. What We now order shall be applicable not only to this Most Fortunate City, but also to all the provinces, the government of which has been entrusted to Us by God from the beginning, or which He has added to Our Empire, or which he may subsequently add, as one of Our predecessors has already stated. All provincial magistrates, both military and civil, are charged with the execution of this law, and a fine of thirty pounds of gold shall be imposed upon the magistrates of Constantinople and their offices, and one of five pounds of gold shall be imposed upon provincial judges, if they fail to perform their duties in this respect, or disregard any notices of the violation of this law either in this city, or in any of the provinces.

  We have decided that (in conformity with the Constitution of Leo, of pious memory, as well as with that which We Ourselves have promulgated) it is proper not to permit the councillors of judges to hear by themselves any cases brought before magistrates charged with judicial duties or before judges who have been appointed by Us. For it is much better and preferable for proceedings to be instituted before the proper officials themselves, in the presence of the parties interested, as the witnesses produced will be more influenced by fear; and the case will be tried with the same decorum as it would be before ordinary judges, who differ in no respect from councillors. But as the magistrates always appointed by Us may be occupied with the execution of Our orders, or with other matters, and not be able to hear cases themselves, it is absolutely necessary, under the circumstances, to enact a law applicable to existing conditions.
  (1) Therefore We order that suits shall be brought before the magistrates themselves, who have either superior or inferior jurisdiction, and when this is once done, the action may proceed before councillors; but when final judgment is to be rendered, it cannot take place without the presence of the magistrates, and the latter, with the dignity befitting their office which We have for a long time charged them to display, and in the presence of the Holy Scriptures, shall hear the report of all the proceedings, and decide the case, and receive the appeals, without any delay, if anyone should appeal under circumstances permitted by the law. We desire that the judges of appeal shall, by all means, hear cases entirely by themselves, and that no one shall presume to do otherwise; for if anything of this kind should happen, the magistrates themselves will be liable to a penalty of twenty pounds of gold, and the councillors, who have ventured to hear the case alone, if they are advocates, shall be expelled from the association of advocates, and if they are not, shall be deprived of their offices (if they have any) and punished by a fine of ten pounds of gold. For those who treat with contempt the Constitution of Leo, of pious memory, in addition to the one which We have long since promulgated, as well as the present law, cannot expect to escape punishment for their wrongful act. The Most Glorious Count of Our Imperial Domain shall be charged with the execution of this law, and shall collect the fine and turn it over to the Treasury, whenever any violation occurs; for he is well aware that he will be liable to the Treasury for the said fine out of his own property if he does not take measures for the observance of this constitution.
  (2) What We have decreed has reference to magistrates whose duty it is to see to the execution of Our orders, and they have a good excuse not to hear cases by themselves. But so far as other magistrates are concerned, who, having no regular employment, hear cases by virtue of Our orders, whether in this Most Fortunate City or in others, if they should be guilty of anything of this kind, We impose still more severe penalties upon them, when they do what We have forbidden, and those who are subject to their authority as councillors take cognizance of cases; for unless proceedings are conducted before these magistrates from the beginning to the end of the action, and they hear it conjointly with their councillors, We threaten them with the loss of office and a penalty of twenty pounds of gold, and their councillors shall be expelled from the city in which they have violated Our law, and be disgraced in other respects.

  Therefore Your Eminence will communicate to all persons the matters which We have been pleased to enact by this Imperial law, and you will do this by the publication of formal edicts throughout the provinces, in the usual manner, in order that no one may be ignorant of what We have ordered. The Most Glorious Urban Prefect is charged with said publication in this Most Fortunate City.