Christo auspice: Impetrato consensu amplissimi ordinis facultatis Iuridicae, in inclyta Academia Basiliensi, pro solenni gradu in utroque Iure consequendo, has propositas assertiones de Testibus defendet Caspar Niess Tremonianus

The use of testimonies original: "Testimoniorum ufus" (says Arcad. note: referring to the Roman jurist Arcadius Charisius in the single book on witnesses) is frequent and necessary, and it is to be demanded especially from those whose integrity does not waver. Otherwise, if we were not to believe good men who testify to the truth of words or deeds, we would experience the future confusion of all things, since business cannot always and everywhere be confirmed by signatures, seals, or other solemnity of documents. Hence, Emperor Constantine most holily decreed original: "rescrip." that in making proof, equal credit should be given to witnesses and to instruments.

2. But if an instrument is contradicted, there has existed no small conflict among the learned doctors original: "Dd." - Doctores as to by how many witnesses it may be argued as false. For they dispute variously about this and go in different directions. But we firmly assert against the contrary view that it can be weakened and stripped of its force by two witnesses.

3. We describe witnesses as those whose faith is invoked in a doubtful matter for the testimony of some assertion, so that they may bear witness to the truth against the lies of the wicked, and so that truth may correctly shine forth and be brought out, lest by their concealment someone’s right be subverted.

4. That this should not happen is of the greatest interest to the republic. Therefore, we not undeservedly say that the duty of bearing witness is public, so much so that even foreign and itinerant witnesses can be summoned, warned, and even compelled by penal mandates. Nor does it matter that someone has sworn that they do not wish to bear witness, since the Pope original: "pontifex" most correctly responded that such an oath is illicit and thus not at all binding.

5. Hence it is rightly asked, if a friend has told a friend certain secrets, and that friend has sworn an oath not to reveal such things or tell anyone, and later he is produced as a witness, can he also be compelled, notwithstanding the oath, to tell the truth without fear of perjury? And we shall defend that he must tell the truth without the stain of infamy.

6. Furthermore, some witnesses are wealthy original: "locupletes", who formerly according to the law of the Twelve Tables were called assidui land-owning taxpayers or classei those of the first class/rank; today, however, they are upright, suitable, and beyond all exception. Others are suspicious. And of these, again, some are called vile, redeemed, corrupt, mercenary, false, unsworn, single, domestic, variable, contradictory, wavering, and intestate, etc.

7. All who are not specially prohibited, or who are excused by some law from giving testimony, can be witnesses. And this is true not only in