De testibus et testimoniis theses L

...incurred on account of such a cause. For it is not equitable for the judge's negligence to harm the parties.

XXII.
Moreover, just as it ought to serve the utility of the parties, so too must it provide a certain solicitude for the comfort of the witnesses, which is seen especially in this: if they have made any expenses on the journey, he should see that they are refunded by those producing them.

XXIII.
And surely, the calculation of expenses is not the only thing to be considered: but if they have suffered any damage on the journey, such as the death of a horse, or the loss of another item necessary for making the journey, all of that, whatever loss it may be, must be compensated.

XXIIII.
These things are mentioned in passing. The rest will be like a certain preliminary cognition. For we have seen who can be admitted or compelled, and how long witnesses can be detained. Therefore, let us see how, before whom, and when they can be examined. However, we arrange for a certain religion of an oath to precede this examination.

XXV.
For witnesses must be bound by the religion of an oath before they provide testimony, and that in their own persons (for they cannot swear through a proxy), having touched and inspected some sacred book, so that they might expect the more severe vengeance of the One whose holy name they have before their eyes while they swear, if they should perjure themselves.

XXVI.
Therefore, bound by an oath, witnesses must be examined before a judge. For an examination made before a notary is not valid.

XXVII.