THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
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IN CITIES FIVE WITNESSES, AND ON A JOURNEY AND IN THE COUNTRY THREE, SHALL BE SUFFICIENT TO ESTABLISH THE VALIDITY OF A WILL.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 
The Same Emperor to the Same Stylianus.

  As all the concerns of human life which require the presence of witnesses necessarily derive their force therefrom, this is especially true where arrangements are made in contemplation of the last moments of our lives, and which demand confirmation of this kind; for there is no other way to determine what is right under such circumstances, except by means of witnesses. Hence, since it is absolutely necessary for the dispositions of men about to depart from life to be valid, there is the more need to have these established by testimony. But as what the law strictly requires cannot always be accomplished, and its demands must be brought within the bounds of possibility (for when what is absolutely prescribed cannot be accomplished, the best means available must be adopted), it has seemed to Us proper to fix the number of witnesses who must be present at the execution of wills. This opinion was also entertained by Our Father, of worthy memory, but what he enacted concerning it was not found to be perfectly applicable. For while the ancient legislators held different views on this point, as one thought that seven witnesses should be called, and another that five were necessary (that is to say, seven in cities, where, on account of the number of people there would be no difficulty in obtaining them; and five in the country, and on the highways, because fewer men could be depended upon and be found in such places) ; when, I say, this rule was established, Our Father, without taking into consideration the greater facility of procuring witnesses in cities, decreed that both there and in the country five would be sufficient to establish the validity of a will. I think he came to this conclusion because he remembered how extremely lacking in virtue men are in these days. This conclusion, however, has already been stated as not entirely responsible, for anyone might say that the same number of witnesses is not required in cities and in the country, and that in the country as well as on the highways the number available is certainly less. Hence, not desiring to make the same mistake, We hereby decree that five witnesses must be called in the cities, and three on the highways, in the country, and in other inhabited places, to establish the validity of a will.