s, as stated above.

Reply Obj. 2: If the witnesses disagree in certain principal
circumstances which change the substance of the fact, for instance in
time, place, or persons, which are chiefly in question, their
evidence is of no weight, because if they disagree in such things,
each one would seem to be giving distinct evidence and to be speaking
of different facts. For instance, one say that a certain thing
happened at such and such a time or place, while another says it
happened at another time or place, they seem not to be speaking of
the same event. The evidence is not weakened if one witness says that
he does not remember, while the other attests to a determinate time
or place. And if on such points as these the witness for prosecution
and defense disagree altogether, and if they be equal in number on
either side, and of equal standing, the accused should have the
benefit of the doubt, because the judge ought to be more inclined to
acquit than to condemn, except perhaps in favorable suits, such as a
pleading for liberty and the like. If, however, the witnesses for the
same side disagree, the judge ought to use his own discretion in
discerning which side to favor, by considering either the number of
witnesses, or their standing, or the favorableness of the suit, or
the nature of the business and of the evidence.

Much more ought the evidence of one witness to be rejected if he
contradict himself when questioned about what he has seen and about
what he knows; not, however, if he contradict himself when questioned
about matters of opinion and report, since he may be moved to answer
differently according to the different things he has seen and heard.

On the other hand if there be discrepancy of evidence in
circumstances not touching the substance of the fact, for instance,
whether the weather were cloudy or fine, whether the house were
painted or not, or such like matters, such discrepancy does not
weaken the evidence, because men are not wont to take much notice of
such things, wherefore they easily forget them. Indeed, a discrepancy
of this kind renders the evidence more credible, as Chrysostom states
(Hom. i in Matth.), because if the witnesses agreed in every point,
even in the minutest of details, they would seem to have conspired
together to say the same thing: but this must be left to the prudent
discernment of the judge.

Reply Obj. 3: This passage refers specially to the bishops, priests,
deacons and c