superstition or not could be heard by the ordinary tribunals, but by consent they might have the case heard by an arbitrator who was a Jew. Soldiers and officials were not exempt from being sued before the civil tribunals on ordinary matters. Constantine in a constitution of 333 (if genuine) gave either party the right even against the will of the other to have the case transferred to the bishop at any stage before final judgment. But Arcadius in 398 repealed this and required the consent of both parties, so that the bishop was only an arbitrator and his judgment was executed by the ordinary lay officers.
The judices were to act on the general law, said Justinian (541), and during their task were not to expect or accept any special instruction for deciding the case. If any application were made to the Emperor, he would decide the matter himself and not refer it to any other judex. A judex was authorised, if in doubt about the interpretation of a law, to apply to the Emperor.
No suits excepting those touching the Crown (fiscus), or public trials were to be extended beyond three years from the commencement of the hearing. When only six months remained of this period, the judex was to summon either party, if absent, three times at intervals of ten days, and then to examine and decide the matter, the costs being thrown on the absentee (531).
The courts were open all the year, with the exception of harvest and wine-gathering (sometimes defined as 24 June to 1 August, and 23 August to 15 October), also seven days before and after Easter, also Sundays, Kalends of January, birthdays of Rome and Constantinople, birthday and accession of Emperor, Christmas, Epiphany, and time of commemoration of the "Apostolical passion" (Pentecost). Neither law proceedings nor theatrical shows were allowed on Sundays; but Constantine exempted farmers from observance of Sundays. No criminal trials were held in Lent.
Private suits and questions of freedom were to be tried at defendant's place of residence, or of his residence at the date of the contract. So Diocletian, (293) following the old rule, actor rei forum sequatur. Suits in rem, or for a fideicommissum, or respecting possession should be brought where the thing or inheritance is.
Justin (526) forbad any interference with a burial on the ground of a debt due from deceased; and invalidated all payments, pledges, and sureties obtained in these circumstances. Justinian (542) forbad anyone within nine days of a person's death to sue or otherwise molest any of his relatives. Any promise or security obtained during this period was invalid.
Proof. The person who puts forth a claim or plea has to prove it. The possessor has not to prove his right to possess, but to await proof to the contrary. Thus one who is possessed of freedom can await proof by a claimant of his being his slave. But one who has forcibly carried off
