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XLVII.
And by this law, not only the principals but also the proctors swear both on their own soul and that of their master.
XLVIII.
This is not done, however, without a special mandate; today, however, in the court of the Chamber, it is sufficient that the mandate mentions the providing of the oath. See Andreas Gail, Book 1, observation 83, no. 3.
XLIX.
But if the principal person is more suitable, the proctor can be rejected.
L.
In order that greater reverence be added to this oath, and that reckless litigants be the more deterred, it must be provided publicly in court in the presence of the judge.
LI.
From which rule, others were again excepted by ancient law: some on account of necessity, some on account of absence, some on account of reverence, and others on account of sex.
LII.
Necessity hindered if the litigants were impeded by illness or chains, so that they could not come to the judge; to them, some of the subordinate court officials were sent, along with the opposing party.
LIII.
Absence hindered if either the plaintiff, or the defendant, or both were in a place other than where the action was instituted.
LIIII.
Reverence hindered if the person who is bound to swear is in some position of dignity; and then this oath is provided not in a public place, but at home, with the other party or their proctor present.