THE
ENACTMENTS OF JUSTINIAN. THE NOVELS. |
~ LXXXVI ~ |
THE
DIFFERENT JUDGES SHALL BE COMPELLED BY THE BISHOPS TO HEAR THE ALLEGATIONS
OF THOSE WHO APPLY TO THEM, AND WHEN ANY SUSPICION OF A JUDGE IS ENTERTAINED
THE BISHOP OF THE CITY SHALL HEAR THE CASE WITH HIM ; AND CONCERNING
OTHER PRECAUTIONS WHICH THE BISHOP MUST BY ALL MEANS TAKE. |
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( S. P. Scott, The Civil Law, XVI, Cincinnati, 1932 ). |
Edict of the Emperor Justinian. |
PREFACE. |
God having placed
Us over the Empire of the Romans, We are exceedingly desirous to govern
the subjects whom He has entrusted to Our care as well as We can; and
so to act that they may be delivered from all difficulties, injuries,
and anxieties, as well as to prevent them from being compelled to leave
their country, and suffer inconvenience in foreign lands on account
of litigation. |
CHAPTER I. |
Hence
We have deemed it advisable to address the present edict to all Our
subjects, and to make it clear to the inhabitants of all cities and
villages. We decree that when any private person has a controversy,
with another, either with reference to a pecuniary claim or to the deprivation
or seizure of movable or immovable property, or of such which can move
itself, or where a criminal matter is involved, the said private person
must first apply to the illustrious Governor of the province, and ask
him to examine the matter in dispute, in accordance with Our laws, and
see that both parties obtain justice; but if, after having applied to
the Governor, he should not obtain justice, We direct that he can then
have recourse to his most holy bishop, who must instruct the illustrious
judge of the province to hear the complainant, and dispose of his case
in conformity to Our laws, and not reduce him to the necessity of travelling
to a great distance from his country. If,
however, after the Most Holy Archbishop has notified the judge to decide
the case of the litigants equitably, and he does not proceed or does
not treat the litigants with justice, We order the most holy bishop
to give letters in Our name to the party who has been treated with injustice,
which letters must state that the judge whose duty it is to hear the
plaintiff and decide between him and the defendant in the case has neglected
to do so. Being then informed of this failure of justice, We will impose
a penalty upon the provincial judge who, having been applied to by the
plaintiff, and notified to proceed with the case by the Most Holy Archbishop,
did not dispose of the matter in controversy. |
CHAPTER II. |
If,
however, any of Our subjects should entertain any suspicions with reference
to the judge, We order the Most Holy Archbishop to hear the case with
him, so that both of them may, by means of an amicable agreement, resolve
any doubts which have arisen, whether this be done by annotation or
conditionally; provided the parties are treated with equity, and the
decision is based upon justice and law, and Our subjects are not compelled,
for any reason of this kind, to depart from their own countries. |
CHAPTER III. |
Where
any private individual, thinking that he has a right of action against
someone else, does not apply to the illustrious judge of the province,
or appear before the Most Holy Archbishop of the city, but comes here
without letters from the archbishop, he is hereby notified that he will
be liable to the same punishment to which the judge would be subjected
if, after having been applied to by him, he had not taken measures to
render justice. We
have considered it Our duty to make these provisions for the welfare
of the inhabitants of towns and villages, in order to prevent private
individuals from leaving their provinces to endure hardships in foreign
lands, as well as lose their property. For We appoint judges gratuitously,
and order them to take an oath, so that they may, in accordance with
Our laws, dispense justice to everyone who applies to them for this
purpose. |
CHAPTER IV. |
Where,
however, any one of Our subjects sustains injury at the hands of the
Governor of the province, We order him to have recourse to the most
holy bishop of the city, and the latter to decide between the said illustrious
Governor of the province and the person who is alleged to have been
injured by him. If the most holy bishop should legally and justly decide
against the judge, the latter must, by all means, satisfy the litigant
who has complained of him. But if the judge should refuse to do this,
and the controversy should be referred to Us, and We should find that
the judge, after having been regularly and legally notified by the most
holy bishop, did not comply with the decision rendered against him,
We direct that he shall be punished with death, because while it was
his duty to relieve the oppressed, he himself is found to have been
guilty of oppression. |
CHAPTER V. |
We
decree that the court, which is under the control of the Governor and
the executive officers of his jurisdiction, shall permit litigants to
depart without accepting from them anything more than is provided by
Our laws. If they do not observe this rule, We order them to be subjected
to punishment. |
CHAPTER VI. |
If,
however, We should ascertain that any most holy bishop has, through
favor to someone, failed to render justice, We direct that the prescribed
castigation should be inflicted upon him; in order that bishops actuated
by the fear of God may use every effort to decide justly, and prevent
men who do not obtain justice from leaving their cities and provinces,
and repairing to other places. |
CHAPTER VII. |
In
cities where there are no judges, We order those who have cases to apply
to the defender, and We direct him to decide between them; but when
the parties litigant desire the defender to hear a case along with the
most holy bishop, We decree that this shall be done. |
CHAPTER VIII. |
We
forbid monks, clerks, and bishops to come to this city without letters
from their most holy patriarch. If, however, they should do so, they
are notified that they will render themselves unworthy of remaining
in their order. |
CHAPTER IX. |
Where
the subordinate of a magistrate or a prefect, no matter what his rank
may be, accepts fees in excess of those prescribed by Our
Imperial Constitution, We order that the judge of the province shall,
in accordance with Our law by all means, be responsible, and that he
shall inflict punishment upon the person who has presumed to do this.
If the judge himself should not punish him, We grant permission to the
most holy bishop of every city to notify Us of what has occurred, and
inform Us of the office or dignity of the person who has been disobedient;
in order that We may render the judge responsible for contemptuously
permitting Our orders to be disobeyed, and that We may take measures
to punish him. |
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