De testibus et testimoniis theses L

XXVII.
In the presence of the parties, or at least once they have been summoned, so that they may not later have any just cause for complaint.

XXVIII.
After the contestation of the suit: because an examination performed beforehand does not provide proof.

XXIX.
Before the publication of other witnesses: because once attestations have been published, other witnesses cannot be produced regarding the same points or those directly contrary.

XXX.
Within the time limit which the judge has set for providing proof: because if they testify afterwards, their statements will be of little or no consequence.

XXXI.
Thus, three persons converge for this examination: the judge, the parties, and the witnesses. We require three gifts and functions from them: wisdom and gravity in the judges, reason and counsel in the parties, and fidelity and constancy in the witnesses.

XXXII.
We require a wise judge so that he may confirm the motion of his own mind based on the arguments and testimonies which he finds to be more appropriate to the matter and closer to the truth.

XXXIII.
So that he may examine those who are to be subjected to questioning with tortures; and in this matter, let him consider that some, by the patience or hardness of their bodies, so despise tortures that the truth can in no way be extracted from them: while others are of such impatience that they would rather lie about anything than endure torture.

XXXIV.
So that he may reconcile varying witnesses as often as he judges it equitable to reconcile them: and so that, if the occasion provides, he may call more than were produced by the parties themselves to confirm the testimony.