THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XLIX ~ |
SLAVES
SHALL NOT BE PERMITTED TO GIVE TESTIMONY. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
As
the right to give evidence is of great importance, and necessary for
the maintenance of the integrity of public documents upon which the
existence of society depends, those only shall be authorized to act
as witnesses whose status is not ignominious; therefore the laws have
made this distinction with the greatest show of reason, and do not permit
all persons to testify. Nevertheless, because certain statutes have
permitted men of servile condition to be witnesses, under certain circumstances,
We have come to the conclusion that this exception should be extended;
so that while persons who are not free should not generally be admitted
to testify, the law as set forth in the new constitution should be confirmed,
and, in every instance, should be referred to where the legality of
evidence relating to wills, or any other
documents, is in question. For if those who enjoy liberty but do not
lead lives worthy of freemen, and fail in certain respects to manifest
a greatness of soul superior to servitude, but are subjected to the
domination of their illegal acts, are not permitted to give evidence,
those who it is proved are not free should, by no means, be allowed
to do so. For although this is a different kind of servitude, still
it is one which renders the person unworthy of enjoying the dignity
of freedom. |
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