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Justinian I · The Digest of Justinian §22.5.2.pr

Examination of Witness Character and Credibility

Passage 3255 of 9271 · Latin

Summary

Modestinus states that in the evaluation of testimonies, the social standing, credibility, morals, and gravity of the witnesses must be examined, and those who waver in conflict with their own credibility should not be heard.

[MODESTINUS libro octauo regularum. ] §22.5.2.prIn testimoniis autem dignitas fides mores grauitas examinanda est: et ideo testes, qui aduersus fidem suae testationis uacillant, audiendi non sunt.
[MODESTINUS, Rules, Book 8.] In the case of testimonies, however, social standing, credibility, morals, and gravity must be examined; and therefore, witnesses who waver against the credibility of their own testimony are not to be heard.

Notes

  1. §22.5.2.prexaminanda est — Although there are multiple subjects of different genders and numbers (dignitas, fides, mores, grauitas), the gerundive predicate is in the feminine singular (examinanda est), agreeing with the nearest subject, grauitas (attraction/agreement with the nearest).
  2. §22.5.2.praduersus fidem — The preposition aduersus (governing the accusative) means "against" or "contrary to." Here, it indicates wavering in a way that goes against or undermines the credibility (fides) of one's own testimony (testatio).

Cite this passage

Justinian I, The Digest of Justinian §22.5.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.5.2.pr

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