or imprisoned another, whom he claims to be his slave, cannot on the ground of this forcible possession throw the burden of proof on his opponent. To prove a purchase it is not enough to produce a document describing the fact, but there must be shewn by witnesses the fact of purchase, the price paid, and possession of the object formally given. To prove relationship, the fact of birth and the parents' marriage, or adoption by them must be shewn: letters between the parties or application for an arbiter to divide the family inheritance are not sufficient.
Persons who have admitted a debt in writing cannot prove payment without a written receipt, unless they produce five unimpeachable witnesses to the payment in their presence. But as a general rule they are not bound by a statement in the document of debt of their having originally received the money, wholly or partly, if they can prove within 30 days after the production of the document that the stated money had not been paid them.
All witnesses must be sworn. One suspected of giving false evidence can be put to the question at once, and, if convicted, can be subjected by the judge hearing the case to the penalty to which the defendant was liable against whom he had given the false evidence. A single witness without other evidence proves nothing, and Constantine enacted (334) that he should not be heard in any suit. All persons (enacted Justinian 527) with like exceptions as in criminal causes are compellable to give evidence. Slaves were sometimes examined under torture.
No judge was to commence the hearing until he had the Scriptures placed before the tribunal, and they were to remain there until judgment. All advocates had to take an oath, touching the Gospels, that they would do what they could for their clients in truth and justice, and resign their case if they found it dishonest (530). Both plaintiff and defendant had to take an oath to their belief in the goodness of their cause (531).
Justinian among other rules respecting documents enacted these:
All persons are compellable to produce documents who are compellable to give evidence. The production is to be in the court, at the expense of the person requiring it. Anyone declining to produce on the ground that he will be injured thereby, must, if this is contested by the other party, make oath of his belief and also that it is not any bribe or fear or favour of someone else that deters him.
All documents were to be headed with year of Emperor, consul, indiction, month and day.
Contracts of sale, exchange, and gift (if not such as must be officially recorded), of earnest and compromise and any others arranged to be in writing, were not valid, unless written out fair and subscribed by the parties; if written by a notary, he must complete and sign them and be present himself at their execution by the parties (528 and 536). In 538 it was directed that contracts of loan or deposit or other should, even when written, have at least three witnesses to their
