Latin
Lines 1.564-1.568
Roman Law and Society, The Institutes of Justinian 1.564-568
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9. But no person under power of the testator can be a witness. And if a filiusfamilias makes a testament giving his castrense peculium, after leaving the army, neither his father, nor any one in power of his father, can be a witness. For, in this case, the law does not allow the testimony of a member of the same family.
10. No person instituted heir, nor any one in subjection to him, nor his father, in whose power he is, nor his brothers under power of the same father, can be witnesses; for the whole business of making a testament is in the present day considered a transaction between the person who has purchased from the testator and the heir. But formerly there was great confusion; for although the ancients would never admit the testimony of the familiae emptor, nor of any one connected with him by the ties of patria potestas, yet they admitted that of the heir, and of persons connected with him by the ties of patria potestas, only exhorting them not to abuse their privilege. We have corrected this, making illegal what they endeavored to prevent by persuasion. For, in imitation of the old law respecting the familiae emptor, we refuse to permit the heir, who now represents the ancient familiae emptor, or any of those connected with the heir by the tie of patria potestas, to be, so to speak, witness in their own behalf; and accordingly we have not suffered the constitutiones of preceding emperors on the subject to be inserted in our code.
11. But we do not refuse the testimony of legatees, or persons taking fideicommissa, or of persons connected with them, because they do not succeed to the rights of the deceased. On the contrary, by one of our constitutiones we have specially granted them this privilege; and we give it still more readily to persons in their power, and to those in whose power they are.