THE GLORIOUS FLAVIUS RECESVINTUS, KING.
IX. No One shall presume to have in his Possession another Book of Laws except this which has just been Published.
No one of our subjects, whosoever, shall presume to offer to a judge as authority, in any legal proceeding, any book of laws excepting this one, or an authorized translation of the same; and any person who does this shall pay thirty pounds of gold to the treasury.[6] And if any judge shall not at once destroy such a prohibited book when it is offered him, he shall undergo the above named penalty. But we decree that those shall be exempt from the operation of this law, who have cited former laws, not for the overthrow of ours, but in confirmation of causes which have previously been determined.
THE GLORIOUS FLAVIUS CHINTASVINTUS, KING.
X. Concerning Fast Days and Festivals, during which no Legal Business shall be Transacted.
No litigation shall be commenced on Sunday, for religion should take precedence of all legal matters, and upon that day no one shall presume to subject another to annoyances either for the trial of a case, or for the payment of a debt; nor shall any person be permitted to bring a suit at Easter; that is, for fifteen days, the seven which precede the celebration of that festival, and the seven which follow it. The days of Christmas, of the Circumcision, of the Epiphany, of the Ascension, and of Pentecost shall be observed with the same reverence; and, in like manner, during the harvest festivals, from the fifteenth Kalends of August, to the fifteenth Kalends of September, the same pious conformity shall be required. But in the province of Carthage, by reason of the constant ravages of the locust, we decree that the harvest festival shall be celebrated from the fifteenth Kalends of July to the fifteenth Kalends of August; and, on account of the vintage, from the fifteenth Kalends of October to the fifteenth Kalends of November.
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.