Maxim 8.2.8
The witnesses being dead, it must be referred, as to the truth of charters, out of necessity, to the country — i.e. a jury.
Chartarum super fidem, mortuis testibus, ad patriam, de necessitudine, recurrendum est.
Source: Co. Litt. 386; Jackson
Difficulty 3/5 — Intermediate
Explanation
When the original witnesses to a document are deceased, the authenticity of the instrument must be determined by a jury drawn from the community where the facts are known.
Where this applies
- The original witnesses to a deed are all dead — how do we verify the document?
- Ancient documents need to be authenticated but the people who created them are long gone.
Legal domains
Cite this maxim
NeCede Max. 8.2.8 — The witnesses being dead, it must be referred, as to the truth of charters, out of necessity, to the country — i.e. a jury. — Co. Litt. 386; Jackson (Chartarum super fidem, mortuis testibus, ad patriam, de necessitudine, recurrendum est.)
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