Note 046
It was a maxim of Constantine, contra jus
rescripta non valeant, (Cod. Theodos. l. i. tit. ii. leg.
1.) The emperors reluctantly allow some scrutiny into the
law and the fact, some delay, petition, &c.; but these
insufficient remedies are too much in the discretion and at
the peril of the judge.]
The History Of The Decline And
Fall Of The Roman Empire
—Fall In The East
—Chapter 44