Theses de iureiurando propter calumniam dando

LXIII.

But if it is openly certain that calumny was committed, then the perjurer must be afflicted with some external punishment.

LXIV.

This punishment was also various. For by civil law, the perjurer endured scourging, or infamy, or the excision of the tongue; by Canon Law, deposition from office, or even deprivation of ecclesiastical benefice.

LXV.

Today, in our customs, perjuries are rarely punished; if they are punished, then two fingers of the perjurers are cut off.

LXVI.

If it is refused, then that happens either by the plaintiff; and if this is approved, it is not permitted for him to proceed fully to the lawsuit, but as a wicked litigant, he fails in the instituted action and is repelled from the court.

LXVII.

Or it happens by the defendant in those chapters which are contained in the narration, and it is held as a confession; and the judge must pass sentence according to the nature of the matter.

LXVIII.

Hence, as a concluding point, it can be asked whether, under civil law, litigants can remit this oath to one another?