THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XLIII ~ |
WILLS
CAN BE WITNESSED BY PERSONS WHO DO NOT KNOW HOW TO WRITE. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
In
enacting the following law, We do not wish to find fault with Our predecessors
for having carefully provided for the interests of the general public,
but rather for the purpose of confirming their wise enactments; to regulate
matters which are not affected by their judicious legislation; and,
by providing for this as far as possible, prevent them from being removed
from the condition in which they should remain. But what do I mean?
It was decided by the ancient authorities, when treating of wills, that
their validity must be established by the evidence of seven witnesses,
or at least by that of five. They were, however, not content with having
done this, but added that where wills were executed in cities where
there is no lack of educated men, persons should not act as witnesses
who did not know how to write, but that no attention should be paid
to this where the same facilities did not exist, and that witnesses
might be called there, whether they were able to write or not. Thus
what had been decreed with reference to localities where there are very
few who know how to write, custom and time extended everywhere, even
to cities, although there are many educated persons there; and this
custom seems to Us to be worthy of being enacted into law. Hence We
decree that in all places, even in cities, wills can be witnessed by
persons who are unable to write, provided their morals are such as render
them worthy of confidence. Moreover, not only do We restrict the number
of witnesses to five, but We also desire three to be sufficient where
they are difficult to find; without anyone being able to call their
testimony in question. |
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