De testibus et testimoniis theses L

XLI.

And if, therefore, we condemn premeditated speech, as we have said before, and we scarcely allow that witnesses may send their own dictated words to the judge in writing: we shall nonetheless maintain that witnesses may sometimes read, in the presence of a judge, the testimonies which they are about to deliver.

XLII.

This is done both to consult the fragility of memory and so that they may escape any occasion for wavering, which often tends to happen in long, involved, and complicated matters.

XLIII.

It remains for us to see about what matters witnesses may testify. Certainly about everything, as if it were a case of coming into court, whether criminal or civil. However, we see that this is done in various ways.

XLIV.

For sometimes they provide testimony regarding things they have heard, sometimes regarding things seen, occasionally regarding belief, and most frequently regarding those things which they know with certainty.

XLV.

However, we place the reliability of these people far above the conscience of others: those who, while the event was taking place, were so present with their bodily senses that they saw or heard what was done or said.

XLVI.

For sight and hearing are the two most certain kinds, so to speak, of proof: yet they are not so certain that I believe one should trust only one of them, even if he reports what is most well-known to both senses.

XLVII.