Witnesses shall not give testimony by letter, but present, in person, they shall be required to tell the truth, as far as lies in their knowledge. Nor shall they testify concerning foreign matters, but only concerning those which they know to have taken place under their own eyes. But if the witnesses, or their relatives, or friends, should either be oppressed with age or infirmity, or resident in a foreign or distant province, and should think that their testimony should be taken, and if all those concerned in the case are not residents of the same province, they shall assemble in that province, where he who is the highest in rank among the parties lives, and, either in the presence of the judge of the district, or of those whom he shall select, and those interested having been duly summoned, shall give their evidence under oath. Any other proceeding relating to such matters shall be void and of no effect in law.[13]
FLAVIUS CHINTASVINTUS, KING.
VI. Concerning Those who give False Testimony.
If any one should give false testimony against another, and be detected, or should acknowledge his crime; if he is a person of rank, he shall give as much of his own property to him against whom he testified falsely, as the latter would have lost by his evidence, and he shall never again be permitted to testify in court. If he is a person of inferior rank, and does not possess the means wherewith to make amends, he shall be delivered as a slave to him against whom he testified falsely. But the cause shall by no means be lost by reason of such false testimony, unless the truth shall have been established otherwise; that is, either by a lawful and approved witness, or by just and legal documents in writing. If any one should corrupt another, either by a gift, or by fraud, and should thereby induce him to perjure himself, then, as soon as this fact shall become apparent, the instigator of the crime who aimed at the injury of another, as well as he who was induced by avarice to swear falsely, shall undergo the penalty of forgery.[14]
FLAVIUS CHINTASVINTUS, KING.
VII. Concerning Those who are Proved to have given False Testimony; and Concerning the Space of Six Months in which a Witness may be Declared Infamous. It shall not be Lawful to give Testimony concerning One who is Dead.
The wickedness of those who give false testimony is not limited to this offence merely, but attempts to add another crime to that of perjury. And, therefore, because such detestable criminals are condemned to death by the Divine Law, we decree that those whom judicial authority has proved to have given false witness against their brethren, shall henceforth not be permitted to testify, as they have already been declared worthy of death, not by human, but by the Divine decree. And if any one should give evidence in court concerning any matter in dispute, and the case should be gained by his testimony, and this witness should subsequently declare that he had given false testimony in the first place, and should then testify in such a manner that his former evidence shall be overthrown; he having been influenced by friendship, or fear, or by a gift from that party against whom he formerly testified; we decree by this new law, the old one still remaining in force, that the testimony of said witness shall not be entitled to credit; and that the cause in which he perjured himself shall not be lost by reason of his testimony, unless it happens that the judgment shall be reversed by the introduction of more reliable, legitimate witnesses, or by means of properly verified documents; so that it may be proper to have a rehearing of the case, and a second decision, as hereinbefore stated. If a party desiring to accelerate the progress of his case should produce a witness in court, and his adversary being present, the latter should declare that he cannot offer anything to contradict said witness, the matter in question shall be settled by the judge in favor of him whose witness has testified. We, however, grant the privilege to the party who declared that he did not know what he could adduce to contradict the witness, to discover, if possible, within six months, the means of contradicting him, and to remedy the defects of his case. But if, within six months, he cannot impeach this witness, and establish his infamy in court, no further time shall be given him in which to do so, or to introduce other witnesses in his behalf; and whatever has been proved by the aforesaid testimony, shall remain established for all time. And, on the other hand, if he who has the right to impeach the aforesaid witness within six months, shall be able to prove his assertions within the appointed time, and if he can thereby establish the infamy of said witness, it shall be lawful for the said party to produce evidence to contradict any witness who is living. But if it should be proved that any witness who formerly testified, is dead, no testimony to impeach him shall be given. Nor shall the testimony of a living witness, in contradiction of one who is dead, ever be taken; excepting in the case of a lawful and manifest instrument in writing, in which he who is dead, confessed, over his own signature, that he was guilty of crime, or that he has been rendered publicly infamous by the sentence of a court of justice. And these statements concerning the infamy which renders any one incompetent to testify in court are sufficient. But if a debt is due from a person who is dead; or if he is accused of wrong; it shall be lawful for a party, according to another law, to prove, either by a competent witness, or by a legal document, either the existence of the debt or the commission of the wrong; and to obtain such redress as he may be entitled to.
FLAVIUS CHINTASVINTUS, KING.
VIII. Concerning Those who Induce Others to give False Testimony, or Encourage the Slaves of Others to Seek their Liberty.
Any one convicted of having induced another to give false testimony against a freeman, shall pay the same amount to him whom he attempted to injure by that false testimony, as the latter could have justly obtained by a judgment in court. But if a witness, asked by another to testify, is known to have given false testimony against a freeman or a liberated slave, and the latter has been reduced to servitude by his evidence, and he who introduced the witness shall not have been convicted of the fraud; the witness himself is to be subjected to the penalty hereinbefore stated; that is, he shall be liable to him whom he wished to injure by his testimony, for the full sum involved in the suit. And if he should not have the means to make amends, he shall be delivered over, with all his property, to the party he attempted to defraud, to forever serve him as a slave. We hereby decree that the same penalty shall be inflicted upon those who have been convicted of giving false testimony in order to liberate the slaves of others; or who, by their schemes, have manifested an intention to deprive freemen of their liberty.