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.



 
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.