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Blanckhard, Johannes · 1579

if one is suing him. But if he has been deceived, he can be restored to his original state original: "in integrum restitutio", a legal restitution upon examination of the case.
X.
A procurator, if he has a special mandate for that purpose, or has been made procurator for his own interest, or if he has free and general administration, rightly defers the oath in place of the master.
XI.
Everyone to whom an oath is deferred is compelled to swear or pay, unless he has some cause for refusing the oath.
XII.
First, he is not compelled to swear if the person who deferred it, at the request of the adversary, refuses to take an oath of calumny original: "iuramentum de calumnia", an oath that the lawsuit is not brought in bad faith; with the exception of parents and patrons, to whom this is waived out of honor and reverence.
XIII.
Second, he is not compelled to swear who has referred the oath back to the adversary who deferred it.
XIV.
However, I wish this conclusion to proceed in this way, unless the case concerns only the crime of the person to whom the oath was deferred, or it is deferred out of court by agreement, or it has been referred to the one who deferred it first. For in these three cases, the person to whom the oath was deferred is compelled to take it precisely and not to refer it back.
XV.
Third, no one is to be compelled to swear if the oath is deferred to him who cannot take it while preserving piety and religion.
XVI.
An oath cannot be taken while preserving piety and religion if it concerns the act of another, or a matter unknown to him, or, as far as the conception of the words is concerned, if the oath is of a condemned religion.
XVII.
An oath of a condemned religion is that which is not made through the God of heaven