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Corpus Juris Civilis
Constitution XLIX. Slaves Shall Not Be Permitted to Give Testimony.


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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