Arcadius, also called Charisius, On Witnesses. The employment of witnesses is frequent and necessary, and the testimony of those whose integrity is established should especially be taken. 1Witnesses can also be produced not only in criminal cases, but also in actions involving money, in accordance with the circumstances, and those can give evidence who are not forbidden to do so, or are excused from testifying by any law. 2Although a considerable number of witnesses is prescribed by certain laws, still, according to the Constitutions of the Emperors, this requirement is confined to a sufficient number of the same, in order that the judges may regulate it, and permit only that number of witnesses to be called which they deem necessary, lest a superfluous multitude may, through unrestricted power, be summoned for the purpose of annoying the parties to the suit.

Arcadius, also called Charisius, On Witnesses. A person who has been convicted of having written a libellous poem is incompetent to testify. 1It is also undeniable that, where the case demands it, not only private individuals, but even magistrates, if they are present, can be forced to testify. The Senate also decreed that a Prætor must also give his evidence in a case of adultery. 2Where the circumstances are such that we are compelled to accept a gladiator, or some person of this kind as a witness, his evidence is not to be believed, unless he is subjected to torture. 3When all the witnesses are of equal integrity and reputation, and the nature of the transaction, as well as the opinion of the court, coincides with their assertions, all their testimony should be accepted. Where, however, some of them make statements different from those made by the others, even the smaller number of them may be believed. Moreover, if the evidence corresponds with the nature of the transaction, and no suspicion of either hostility or favor exists, the judge must confirm the impressions of his mind by the arguments and testimony which are most applicable to the case, and which he ascertains to be nearest to the truth. For it is not necessary to take into consideration the number of the witnesses, but rather their sincerity, as well as such evidence as appears to be more illuminated with the light of truth.

Arcadius, also called Charisius, On Witnesses. It is provided by the Imperial Mandates that Governors shall see that patrons do not testify in cases which they are conducting; and this rule must also be observed in the case of those who are transacting the business of others.

Arcadius, Charisius, On Witnesses. Torture should not be inflicted upon a minor under fourteen years of age, as the Divine Pius stated in a Rescript addressed to Cæcilius Jubentinus. 1All persons, however, without exception, shall be tortured in a case of high treason which has reference to princes, if their testimony is necessary, and circumstances demand it. 2It may be asked whether torture cannot be inflicted upon slaves belonging to the castrense peculium of a son in order to obtain evidence against his father. For it has been established that a father’s slave should not be tortured to obtain evidence against his son. I think that it may be properly held that the slaves of a son should not be tortured to obtain evidence against his father. 3Torture should not be applied to the extent that the accuser demands, but as reason and moderation may dictate. 4The accuser should not begin proceedings with evidence derived from the house of the defendant, when he calls as witnesses the freedmen or the slaves of the person whom he accuses. 5Frequently, also, in searching for the truth, even the tone of the voice itself, and the diligence of a keen examination afford assistance. For matters available for the discovery of truth emerge into the light from the language of the witness, and the composure or trepidation he displays, as well as from the reputation which each one enjoys in his own community. 6In questions where freedom is involved, it is not necessary to seek for the truth by the torture of those whose status is in dispute.