From the time when God set us over the empire of the Romans, we always labour with the highest zeal that we may do all things which tend to the advantage of the subjects of the commonwealth entrusted to us by God, and that we may do those things which free them from all difficulty, injury, and wearing-down, lest at any time, on account of suits and other things of this kind, anyone be compelled to set out from his own homeland and be afflicted with miseries on foreign soil. Therefore in the present case also it has seemed good to us to issue the present edict throughout the whole dominion of our empire, and to make it clear to the inhabitants of all cities and villages:
namely, that if anyone has a controversy with another, whether concerning a pecuniary matter, or because movable things have been carried off from him, or immovable things, or self-moving things, or concerning criminal matters, he should first, on that account, go to the most renowned governor of the province, so that the latter may all the more, regarding those things which are referred to litigation, interpose an examination according to our laws, and reserve to each his own right.
But if anyone, having gone to the governor of the province, did not obtain his right, then we order that he go to the most religious bishop of that place, and that the bishop send to the most renowned governor of the province, or even proceed in person himself, and procure that the governor by all means hear the one who comes, and justly free him according to our laws, lest he be compelled to set out abroad from his own homeland.
But if, even with the most holy bishop urging the governor, the governor nonetheless delays to settle according to law the affairs of those who come, or indeed hears the controversy but does not, for those who commit themselves to his judgment, protect their right, we command the most religious bishop of that city that, for him who did not obtain his right, he give us a letter, declaring that the governor, though urged by him to hear the one who came and to adjudicate the things in controversy between him and the other against whom he has an accusation, delayed; so that we, learning these things, may inflict punishment upon the governor of the province, because, though approached by the one suffering injury, and incited thereto by the most religious bishop, he did not adjudicate the matters in controversy.
But if it should chance that any one of our subjects holds the governor suspect, we order that the most religious bishop, together with the most renowned governor of the province, lend a hearing, and that they both either settle the controversy by amicable conciliation, or, by an annotation set down in writing, or by formal cognizance, adjudicate those matters about which there is contention between the litigants, and give to the case a form agreeable to right and to the laws, lest through a cause of this kind our subjects be compelled to depart from their own homeland.
But if anyone, supposing that he has some claim of action against another, neither approaches the most distinguished governor of the province nor addresses the most religious bishop of the city, and yet proceeds hither without letters from the most religious bishop, let him be assured that he will undergo the same penalties which the governor would have sustained had he, when approached by this man, neglected to safeguard his right for him. All these provisions we have seen fit to enact for the benefit of those who dwell in cities and villages, lest, if they abandon their own homelands, they should both be oppressed upon foreign soil and meanwhile have their household estate go to ruin.
For this reason we appoint magistrates without charge, and moreover require them to take an oath, that they may safeguard, for every man who comes before them, that which is just according to our laws. Furthermore, should it happen that any of our subjects suffers injury from the most distinguished governor of the province, we command that he approach the bishop of that most religious city, who shall adjudicate between the most distinguished governor and him who deems an injury to have been inflicted upon him. And if indeed it should happen that the governor be lawfully or justly condemned by the most religious bishop, let him by all means give satisfaction to the one who lodged complaint of injury against him.
If the governor refuses to do this, and the matter comes to us, then, if we shall find that he, having been justly condemned by the most religious bishop according to our laws, has not carried out what was adjudged, we shall command that he be subjected to the ultimate punishment, because, whereas he ought to have vindicated and defended others who were oppressed by injury, he himself has been caught oppressing by injury. The retinue that obeys him also, and whoever are in the service of the most distinguished governors, we command that they cause the suits of those who come before him to be settled, taking nothing beyond what is contained in our constitutions. But if they do not observe these things, we command that they be subjected to punishments. Assuredly, if we shall catch any of the most religious bishops, for the sake of favoring someone,
to disdain that which it is just to do, we command that canonical chastisement be inflicted upon him, so that they may strive the more, in the fear of God, to judge justly, lest, if men do not obtain their right, they be compelled to abandon their cities, provinces, and seats, and to hasten hither. But in those cities where governors are not at hand, we command that those who have any controversy approach the defensor, and that he adjudicate the matters disputed among them. But if those who have a suit should wish to be judged not by the defensor but by the most religious bishop, we command that this too be done.
But we command that neither monk, nor cleric, nor bishop come hither without letters from his most religious patriarch, or else let them be certain that they will render themselves unworthy of the habit of religion. Moreover, if any officer of the master's office, or of the prefect's office, or of whatever station at last, shall have received larger fees than are defined by our sacred constitutions, we command that the governor of the province, at his own peril, by all means vindicate this according to our law, and inflict chastisement upon those who have presumed such things.
If the governor fails to vindicate it, we grant license to the most religious bishop of that city to inform us of these matters, and moreover to add what military rank or dignity he holds who has presumed these things, so that we may both bring peril upon the governor who has permitted these things and has scorned our command, and may order that the very man who has presumed such things be afflicted with punishment.