Legal Definitions - remotis testibus

remotis testibus

This Latin phrase, used historically in legal contexts, translates to "the witnesses being absent" or "with the witnesses removed." It refers to a situation or practice where legal proceedings, deliberations, or actions took place without the physical presence of individuals who might serve as observers or provide direct testimony.

Here are some examples illustrating this historical legal concept:

• Imagine a historical court where a judge needed to review sensitive documents or hear confidential arguments. The judge might order that these particular discussions or document reviews occur remotis testibus, meaning all non-essential personnel, including potential observers or those who might later be called as witnesses, were excluded from the courtroom. This ensured privacy and prevented the premature disclosure of information, as the proceedings happened with the usual witnesses absent.

• Consider a medieval legal custom where a will or testament was formally validated by a notary or a council of elders. To prevent any undue influence, emotional outbursts, or challenges during the initial validation process, the family members, beneficiaries, or other interested parties (who could be considered potential witnesses to the will's authenticity) might be asked to leave the room. The validation would then proceed remotis testibus, with only the legal officials present to confirm the document's legality.

• In certain historical ecclesiastical or inquisitorial courts, when an accused person was being questioned, the accusers or other witnesses might not be present in the same room. Instead, their testimonies would have been taken separately and presented to the court. The interrogation of the accused would then occur remotis testibus, meaning the direct confrontation with their accusers was avoided, and the witnesses were physically absent from that specific part of the proceeding.