Excerpt from An Introduction to the Study of Justinian's Digest: Containing an Account of Its Composition and of the Jurists Used or Referred to Therein

Ultimately it will I believe he found best to leave each private suit as much as possible to the uiri boni arbitratus acting authorita tively and publicly, whether he be called judge or arbitrator. Let the preparatory stages be under his control: let him order the proceedings as in the particular case may be best calculated to bring the issues out clearly: let all witnesses be examined who can throw light on the matter, whether the parties call them or not: let him stop the inquiry whenever it is being carried, even by the parties' consent, to an unreasonable length. It is pessimi exempli to have litigation run on, till the cost in time and money to the public and the parties is out of proportion to the attainable object of the suit.

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