Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-rkxrd Total loading time: 0 Render date: 2024-07-23T10:22:15.710Z Has data issue: false hasContentIssue false

43 - Of [The] Credence [Given to Documents]

from 2 - The Reformatio legum ecdesiasticarum

Published online by Cambridge University Press:  01 September 2018

Gerald Bray
Affiliation:
Beeson Divinity School, Samford University
Get access

Summary

[Of the credence given to documents.]

In pursuing suits the credence of documents and the depositions of witnesses are of equal force.

Types of public documents.

Some documents are public and others private. Public ones are those which have been made by a notary appointed by our authority and carry the signature of witnesses. Those which are backed by the impress of the our seal, or of the seal of any archbishop, bishop, archdeacon or his commissary or official, or of anyone else holding public office, shall rightly be regarded as authentic.

Private documents.

We call private documents those which are composed by private persons and which are not supported by any public or authentic seal, but we do not want them to have credence unless they are brought out of a public archive, as containing the entire cause in themselves, or have otherwise been proved.

Private documents are invalid, unless they are signed with the signature of three witnesses.

Private documents, by which an agreement is made between certain persons, shall be valid in judgment and have force if they are signed with the signature of three witnesses, so that no harm may be done to either party by the ambiguity of the handwriting and a comparison of the letters, nor any opportunity be given for perfidiously denying what has been done.

Libri mercatorum.

Exemplo perniciosum est, ut ei scripturae credatur, qua unusquisque annotatione propria debitorem sibi aliquem constituit, unde neminem ex suis subnotationibus debiti probationem praebere posse oportet, mercatorum tamen et aliorum artem aliquam approbatam exercentium, libris et [195r] rationibus, cum aliis adminiculis, plenam fidem adhiberi volumus.

Modus conficiendi instrumenta.

In conficiendo instrumento hanc seriem observari volumus, ut scriba cum primis a Dei nomine auspic{i}etur, annum Domini subdat, regis nomen, et regni eius nomen titulum et annum regni annum, posthac mensem et diem eius, et nomen loci ubi contractus initur. Deinde narrentur quae sunt exponenda, testes [1113] adscribantur, aut subscribant. Notarli quoque obsignatio cum subscriptione ac proprio signo in fine adiiciatur. Scriptura [t/c]um alieno sigillo m[uni/inu]ta non minorem facit fidem quam si proprio esset obsignata, si hoc ipsum et causa in eadem exprimatur.

Type
Chapter
Information
Tudor Church Reform
The Henrician Canons Of 1535 and the Reformatio Legum Ecclesiasticarum
, pp. 576 - 589
Publisher: Boydell & Brewer
Print publication year: 2000

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×