Theses de iureiurando propter calumniam dando

XL.
Furthermore, this oath was formerly provided by the parties in individual lawsuits; but Justinian willed that it be provided only once at the beginning of the lawsuit and in all cases, whether ordinary, delegated, or even compromissary.

XLI.
Certain cases may be excepted, however, either by reason of the person or by reason of the matter.

XLII.
By reason of the person, the cases of clerics and patrons are excepted, who are immune and free from all oaths by civil law. See thesis 31.

XLIII.
By reason of the matter, the criminal case is excepted: because in this, the inscription note: a formal accusation in criminal proceedings, which represents the oath of calumny, is sufficient.

XLIIII.
Today, it is provided in almost those cases in which it was by Canon Law: and it has a place in both the first and second instance.

XLV.
In criminal cases, the accuser is compelled to swear to the truth of those things contained in the document of accusation; the defendant, in turn, is compelled to swear that he will speak the truth.

XLVI.
Consequently, the oath of calumny was formerly provided in various ways; but Justinian established that it should be provided at the beginning of the lawsuit by touching the holy Gospels, which also holds true under Canon Law.