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LV.
Sex finally hindered if a woman of honest life should take the oath; to her, court officials were sent to receive the oath at her home.
LVI.
These things do not have great use today, since this oath is generally provided by proctors.
LVII.
Otherwise, there were two articles of this oath. For the plaintiff swore that he was not bringing the lawsuit for the sake of calumny; the defendant, on the contrary, swore that he was not going to deny the claim for the sake of calumny.
LVIII.
Afterward, from Novel 49 of Emperor Justinian, a third [article] was added, common to both plaintiff and defendant, by which both swear that they will not seek proofs from the adversary for the sake of delaying the business. More were not introduced by civil law.
LIX.
This oath was introduced for the sake of public utility, so that the security and recklessness of litigants might be restrained by the fear of the sacrament.
LX.
And its force is one thing if it is provided; another if it is refused.
LXI.
If it is provided, it has this force, that it frees the swearers from calumny; for then both parties avoid calumny, and it is presumed that they have either undertaken or resisted the lawsuit in good faith.
LXII.
Nor should he who has provided this oath, if he lost the case, be accused of perjury for that reason; but if it is not certain concerning it, it is to be committed to the judgment of God, who alone, as the kardiognostes knower of hearts, searches out and punishes all hidden things.