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Blanckhard, Johannes · 1579

and the creator of the earth, but through the spirit original: "genium", a reference to the pagan practice of swearing by the emperor's genius, the safety of the prince, nobility, generosity, honor, one's own safety, or created things.
XIIX.
Fourth, an adversary to whom it is deferred is not to be compelled to swear if the taking of the oath would be harmful to him.
XIX.
Fifth, he shall not be compelled to swear to whom, if he were to swear, the oath taken would be of no benefit, as when spendthrifts, wards, and similar persons defer the oath.
XX.
Sixth, no one is compelled to accept an oath that was once deferred but revoked, if it is deferred again.
XXI.
An oath deferred by the consent of the parties can be revoked by the judge before the sentence has passed into a matter judged original: "rem iudicatam", a final legal decision. After that, it cannot; so much so that not even by appeal can the execution of the sentence be suspended.
XXII.
Whence it is well established by the lawmakers that a case decided by the consent of the parties, whether in court or out of court, should not be retracted under any pretext of perjury.
XXIII.
However, this is proven by the laws to have two exceptions: unless the parties have decided by law—that is, by pact or agreement—that a case decided by oath can be reopened later if perjury is detected; or if, upon the later emergence of a will, it becomes clear that nothing was owed to him who had previously sworn, when the heir deferred the oath, that something had been left to him by the testator.
XXIV.
Rightly, therefore, is it defined in law that this oath has the force of payment, a matter judged, a transaction, a novation, and an acceptilation original: "acceptilatio", the formal release of a debt.