Canonum De Ius Positivum
Canons of Positive Law

one heaven iconIV.   Consensus

4.4 Consensus Instrument

Article 132 - Witness

Canon 2323 (link)

Witness is the first hand attestation of Mind of a fact, action, testimony or evidence. The term Witness also applies to the Person who performs the action of being a Witness.

Canon 2324 (link)

A Witness is a form or union of Minds capable of coherently attesting firsthand knowledge of a fact, action, testimony or evidence. Secondhand or “hearsay” testimony or when a witness expresses their own opinion is strictly forbidden as testimony.

Canon 2325 (link)

In accordance with Divine Law and Natural Law, Existence itself requires the existence of at least one (1) independent witness to an event for it to be said to exist. However, under Positive Law the minimum number of independent witnesses by custom is at least two (2).

Canon 2326 (link)

An independent witness is a Witness sufficiently separate from the Mind performing the action that it is capable of demonstrating its own independent cognition, judgment and volition.

Canon 2327 (link)

In accordance with the function of Divine Law, Natural Law and Cognitive Law, Witness Mind may be defined by the following:

(i) Implied Consent, or Lower Mind accounts for only one (1) Mind but without cognition, judgment and volition and therefore no Witness; and

(ii) Express Consent accounts for both Higher and Lower Mind, therefore accounts for one (1) Mind demonstrating cognition, judgment and volition and therefore (1) Witness; and

(iii) Willing Consent accounts for Divine, Higher and Lower Mind, therefore accounts for two (2) Minds demonstrating cognition, judgment and volition and therefore (2) Witnesses; and

Canon 2328 (link)

A Person properly invested into Office according to a Sacred Vow or Oath, therefore possesses Willing Consent and the power and authority to act as effectively two witnesses to the attestation of any official instrument.

Canon 2329 (link)

Under Roman Cult Law, the Notary and other more senior recognized Ecclesiastical Office are deemed to hold the power to act effectively as two witnesses, while foreign officials not recognized or licensed are denied to possess such power.

Canon 2330 (link)

In the witnessing of the memorial of valid Instruments, there are two separate events that typically require witnessing:

(i) Primary Event – is the actual signing, sealing and witnessing of the instrument that its contents are a true reflection of some past, present or future event; and

(ii) Secondary Event – is the signing, sealing and witnessing of the primary event occuring correctly.

Canon 2331 (link)

In any mutually accepted Bilateral Consensus, a minimum of two witnesses are required for each party.

Canon 2332 (link)

The witnessing of Documents of non-Inferior persons shall be by Real Seal, Great Seal, Ordinary Seal or Official Seal as is appropriate. The use of signature shall not be permitted.

Canon 2333 (link)

When invoking status as a Divine Immortal Spirit, all angels, saints, spirits and the Divine Creator are called and accept the role as witness to the attestation of fact, action, testimony or evidence in accordance with these Canons.

Canon 2334 (link)

The most powerful and valid attestation of a fact, action, testimony or evidence is when one or more instruments issued under the invocation of status as a Divine Immortal Spirit are witnessed by at least two other men or women and such instruments are recorded by some public means as proof of service.