Authoritate et iussu amplissimi ordinis Iuridicae Facultatis in celeberrima Basiliensi Academia, Conclusiones has de iureiurando voluntario

C O N C L V S I O I.
A decorative drop cap C.Since it is of the utmost importance to the Republic that lawsuits be ended as soon as possible, and that the truth of matters—which is accomplished through proofs—becomes known, the Praetor proposed in his Edict the most useful remedy concerning the Oath, by which he promises he will compel one to either swear or pay.

II.
An oath is a religious affirmation by which, having invoked the name of God, or having taken God as a witness or avenger, something is affirmed.

III.
I maintain that an oath can be rightly taken regarding all licit and honest matters, whether one is dealing with an action in rem, in personam, whether ordinary or extraordinary, whether penal, or any other kind.

IV.
As far as the subject matter is concerned, I establish that the oath is twofold: voluntary, and necessary or judicial.

V.
Voluntary is that which is deferred by one litigant to another by consent, either in court or out of court.

VI.
This oath, deferred by the consent of both parties, must be taken immediately in set terms and before a judge, unless it has been waived, or the person is one who is prohibited by law from deferring it.

VII.
A person who has deferred an oath waives it when, seeing the adversary is prepared to swear, he releases him, being content with the willingness to have taken the oath.

IIX.
A ward without the authority of his guardian, a madman, and similar persons are prohibited from deferring an oath in court or out of court.

IX.
The same law is established for a minor under twenty-five years as for a ward if he has a curator. If, however, he does not have one, the oath does not harm him by law, whether he is the plaintiff or