11 November 2020

Constantine I, Edict on Court Testimony, from 334 CE

Constantine I, Edict on Court Testimony, from 334 CE


The text suggests a prior edict of a similar nature given by Constantine, but this is now lost. The edict is preserved in the following codes:
  • Theodosian Code, 11.39.3
  • Breviary of Alaric II: 2.14.2
  • Code of Justinian 4.20.9
Source: Pharr, C., Davidson, T. S., & Pharr, M. B. (Eds.). (2001 reprint) [1952]. The Theodosian code and novels, and the Sirmondian constitutions (Vol. 1). The Lawbook Exchange, Ltd. p. 340

“We have previously commanded that, before they give their testimony, witnesses shall be bound by the sanctity of an oath, and that greater trust shall be placed in witnesses of more honourable status.

In a similar manner, we sanctioned that no judge should easily allow the testimony of only one person to be admitted in any case whatever. We now manifestly sanction that the testimony of only one witness shall not be heard at all, even though such witness should be resplendent with the honour of the glorious Senate”. 

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