Decree of Roman Emperor Marcian c. 456 CE, as recorded in Codex Justinianus 1.3.25

Decree of Roman Emperor Marcian c. 456 CE, as recorded in Codex Justinianus 1.3.25

Source: Blume, Fred H. Annotated Justinian Code. Edited by Timothy Kearley. University of Wyoming College of Law, 2009. Available at: http://www.uwyo.edu/lawlib/blume-justinian/ajc-edition-2/books/book1/book%201-3rev.pdf

1.3.25. Emperor Marcian to Constaninus, Praetorian Prefect.

Since the bishop's court, with plaintiff's consent, is open to all clergymen hailed into court, if the plaintiff does not want to submit to the jurisdiction of the holy archbishop then he must sue the catholic clergy, who are under the reverend archbishop of this city or the reverend steward in all matters pertaining to his own affairs, as well as those of the church, in your high court; nor shall he attempt to enmesh in suits or entangle in his civil or criminal cases any clergy in any other forum or before any other judge.

1. The above mentioned reverend clergymen of the orthodox churches under the jurisdiction of the pious bishop of this famous city shall, in the case in which they or the procurators appointed by them are summoned pursuant to your order, give to the process-server by whom they were summoned, the steward of the holy church of this city, or the defender (of the church) as surety, up to 50 pounds of gold. The reverend steward of this famous city, against whom an action is commenced, need not knish a surety for himself, since he who is to act as surety for others should be entrusted to his own good faith. But if the amount involved in the action of the different clergymen, except that of the reverend steward, exceeds the above mentioned sum, the clergyman who is sued shall give his guaranty (for his appearance) to the process-server for the excess, in which guaranty, however, no oath shall be inserted, because clergy are by ecclesiastical regulations and by the canon adopted long ago by the blessed bishops forbidden to swear.

2. We decree, moreover, that the same reverend steward or other clergymen who are under the jurisdiction of the blessed archbishop of the splendid city, and who are summoned by the authority of your order, shall give only tow solidi to the process-server for the summons and for the appointment of a procurator if they want to carry on the litigation through the latter.

3. We order that this shall also govern the other various apparitors of your Eminence in cases of the aforesaid clergy, in connection with matters in which fees are customarily paid to officials, so that the outlay for expenses of litigation paid by the clergy shall be smaller and lighter.

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CJ.1.3.25.1: Imperator Marcianus

Memorati autem reverentissimi clerici orthodoxarum ecclesiarum, quae sub viro religioso antistite huius inclitae urbis sunt, in causa, in qua vel ipsi vel procuratores, quos pro se dederint, sententiarum auctoritate pulsantur, exsecutoribus, per quos coeperint conveniri, fideiussorem sacratissimae huius urbis ecclesiae oeconomum vel defensorem praebeant, qui usque ad quinquaginta libras auri fideiussor existat.