This provision we decree shall be obeyed by all; so that, during
these festivals, no one may be summoned to court, or subjected to
prosecution, unless the suit in which he is concerned has already
been brought before the judge. For there can be no reason, if the
action should still be undecided, that he who has been sued should be
placed at any disadvantage on account of holidays. And if either of
the parties is a person of credit and honor, he may depart the court,
under his promise to return. But if he should be of doubtful faith, he
shall provide securities for such time as is necessary; either until
the cause has been decided, or until the judge shall appoint a time for
it to be heard. An exception should be made, however, against those
who have committed a crime punishable with death, who may be arrested
upon any of the hereinbefore mentioned days, and kept in close custody,
until Sunday or the above-named festivals shall have passed, when they
shall be subjected to the vengeance of the presiding judge. The harvest
or vintage festivals shall, in no way, interfere with the punishment
of criminals and malefactors worthy of death. But the law shall not
hold him excusable who, not yet having been brought into court, knows
that he shall eventually be summoned there, and who, concealing himself
for the rest of the time, appears in the presence of him to whom he is
liable, only on the festival days aforesaid, thinking that, through
no process of the law, he can be held until the cause is heard: such
a person we decree shall be placed under restraint until the case of
plaintiff shall have been disposed of. And if there should be any one
concerning whose good faith there may be suspicions, and who cannot
find security, he shall remain in custody, until, the holidays having
expired, the cause in which he has been summoned shall be decided. And
if any one shall presume to act contrary to the decree of this law,
and shall come to the judge with a complaint upon the days which are
prohibited, as aforesaid, he shall be scourged in public with fifty
lashes.
=XI. No Cause shall be Heard by the Judges which is not Sanctioned by
the Law.=
No one has a right to hear a cause which is not authorized by the laws;
but the governor of the city or the judge, either in person, or by
their messengers, may cause both parties to appear before the king,
that the matter may be disposed of at his discretion; and, after this
promulgation, such decisions shall have all the force of law.
=FLAVIUS RECESVINTUS, KING.=
=XII. When Causes have once been Determined, at no Time shall They be
Revived; but They shall be Disposed of according to the Arrangement of
this Book: the Addition of Other Laws being One of the Prerogatives of
the King.=
Public-domain text, read in full here on John Shaqi.
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