A History of Matrimonial Institutions, Vol. 2 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 2 of 3
Howard, George Elliott
Families; Marriage -- History
[Footnote 318: "One witness (if credible) is _sufficient_
evidence to the jury of any single fact, though undoubtedly
the concurrence of two or more corroborates the proof. Yet our
law considers that there are many transactions to which only
one person is privy; and therefore does not _always_ demand
the testimony of two which the civil [and ecclesiastical] law
universally requires. '_Unius responsio testis omnino non
audiatur._' To extricate itself out of such absurdity, the modern
practice of the civil law courts has plunged itself into another.
For, as they do not allow a less number than two witnesses to be
_plena probatio_, they call the testimony of one, though never
so clear and positive, _semi-plena probatio_ only, on which no
sentence can be founded. To make up, therefore, the necessary
complement of witnesses, when they have one only to a single
fact, they admit the party himself (plaintiff or defendant) to be
examined in his own behalf; and administer to him what is called
the _suppletory_ oath; and if his evidence happens to be in his
own favour, this immediately converts the half proof into a whole
one."--BLACKSTONE, _Commentaries_, III, 370. _Cf._ also BISHOP,
_Marriage, Divorce, and Separation_, II, § 456; _Law Review_, I,
378, 379.]
[Footnote 319: _Law Review_, I, 379, 380. See the illustrative
case of Evans _v._ Evans in _Notes of Cases in Ecc. and Mar.
Courts_, II (1842-43), 470-76. _Cf._ BISHOP, _op. cit._, I, §
1532; BURN, _Ecc. Law_, II, 503_e_-503_g_.]
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