We remember certain laws which We have enacted, which provide that the genuineness of documents shall be established by comparison of handwriting, and We are aware that certain Emperors, influenced by the constantly increasing fraudulent efforts of persons who are in the habit of altering documents, have forbidden such changes to be made. We are, however, of the opinion that forgers generally confine themselves to the imitation of writing, for the reason that forgery is nothing else but an imitation of the truth. We have, during Our reign, discovered innumerable forgeries in many cases which have been brought to Our knowledge, one of which, that originated in Armenia, has been investigated in Our presence. In this instance an exchange was made, and the instrument evidencing it was decided to be forged, but as the witnesses who had been present when it was executed and had signed it were found, and acknowledged it, the document was held to be genuine; but this was an unusual occurrence, as the writing was decided to be false, and the answers of the true witnesses coincided with the truth, so that the document was only considered worthy of confidence on account of these statements which were, to some extent, held to be reliable. We are, however, aware that the comparison of handwriting must be very carefully made, since age very often causes dissimilarity in handwriting, for that of a young man who is strong and robust does not resemble that of one who is old, whose hand trembles and who often writes with feebleness; and, indeed, We can say that the change of pen and ink removes entirely the resemblance of handwriting; nor can We find words to express how many new cases nature causes to arise which furnish Us occasion for the enactment of laws.
  (1) Therefore as God rules the Empire of Heaven, in order that he may afford good solutions to perplexing questions, and interpret the laws in accordance with the variety of nature, We have thought it is proper to draw up this statute, and render it generally applicable to Our subjects, whom God has originally entrusted to Our care, and to whom he is always making additions, from time to time. And, as certain doubts have arisen with reference to deposits evidenced by written instruments, and We have ascertained that controversies have arisen in consequence, it becomes necessary for Us to provide for all these matters, and therefore We are going to begin with the contract of deposit.

  Hence when anyone desires to make a deposit with safety, he will not confine himself solely to the written contract of him who receives the deposit (which is also legally required, for when anyone does not acknowledge the instrument to be in his handwriting, the matter becomes extremely complicated, and he who makes the denial will be compelled to furnish other writing; and when this appears to resemble that of the instrument in question, only partially, but not entirely, then the matter is inconclusive, so far as the writing is concerned), but the person who makes the deposit shall, as soon as possible, call witnesses who must be honorable and deserving of confidence, and not less than three in number, in order that he may not solely rely upon the written instrument, and his examination of the same, and to enable the judges to have the assistance of witnesses; for We admit testimony of this kind, where the witnesses state that he who made the instrument signed it in their presence and they acknowledged it. If We should find that there are less than three witnesses worthy of credit, We do not forbid the instrument from being declared genuine, as We do not enact this law for the purpose of abridging evidence, but with a view to rendering it more reliable.

  If anyone should draw up an instrument evidencing a loan or any other contract whatsoever, without desiring to have it become public, this instrument, as We have just stated with reference to a deposit, will not, of itself, be considered worthy of credit, unless it was executed in the presence of at least three witnesses, who attest its genuineness by their own signatures, or who prove that the instrument was written in their presence, for it will become worthy of confidence in either of these instances; and if the examination of handwriting is not absolutely rejected, it will not be sufficient alone, and must be confirmed by the testimony of the witnesses.

  But if anything resembling what has taken place in Armenia should happen, and the comparison of handwriting should prove one thing, and the evidence of witnesses another, We have then thought that the sworn oral testimony is more trustworthy than the written instrument by itself. Still, the wisdom and conscientiousness of the judge should, under such circumstances, induce him to decide in favor of what appears to be better entitled to credence, and We have come to the conclusion that the genuineness of documents should be established in this manner.

  When, however, anyone who makes a deposit lends money, or contracts in any other way, is satisfied with the written instrument alone of the other party to the transaction, he is hereby notified that the said instrument, by itself, will not be worthy of any confidence whatever, unless, in accordance with Our law, its genuineness is confirmed by the presence of the witnesses before whom it was executed; or by the last resort in such a case, that is to say, by the sanction of an oath. We do not, however, under such circumstances, declare the instrument to be void; and We only require these formalities to be observed for the reason that We are apprehensive of forgeries and imitations, and do not trust to mere written instruments. Nor do We desire by this rule to deprive persons of their confidence in others with whom they have contracted in this way, but We make this provision in order to avoid perfidy and artifice, as much as possible, and in every way that We can.

  We have made these provisions with reference to written instruments, but when anyone desires to make a contract without committing it to writing, it is clear that he must establish its genuineness either through witnesses, or by oath; and the plaintiff shall produce the witnesses, and the defendant take the oath, or tender it to the plaintiff, as the judge may decide. But in order that nothing may be unprovided for, it is advisable to add to the law that these provisions need not be observed in a case of contracts involving property to the amount of only one pound of gold, but the agreement will be valid as entered into between the contracting parties, in order that men may not be subjected to great expense where articles of trifling value are concerned. We desire that all these rules shall be observed in cities, for in the country (where there is much simplicity, and comparatively few persons who know how to write are available as witnesses), whatever has been valid up to this time is hereby confirmed, and We have also made the same provision with reference to wills, to which We are accustomed to pay special attention. Hence this law shall only be valid so far as any instruments and contracts which may hereafter be entered into are concerned; for why should any disposition be made regarding what has already taken place? The multitude of legal disputes which have arisen have necessitated the enactment of this law, which has been promulgated by Us to prevent men from daily contending with one another, and, by means of the legislative formalities, to remove every cause of altercation.

  Wherefore it is proper for Your Eminence, as soon as you receive this law, to communicate it to all persons both here and in the provinces ; and We have addressed it to the other Most Glorious Prefects in the West in Lybia, and in the North (We mean Illyria) so that what We have decreed for the purpose of preventing controversies among Our subjects will become known throughout the entire Empire.