Title — Liber Sextus

Title IV: On the Oath of Calumny

English · Latin · Both

1.

Chapter I

It is not of the substance of the proceeding that the oath of calumny be taken immediately after joinder of issue. John Andrew. — § 1. The proceeding is not annulled although the oath of calumny is tacitly omitted. This is what it says. — § 2. He commands that in spiritual causes an oath be taken concerning both calumny and the truth at the same time. John Andrew.

Boniface VIII. If an oath concerning calumny or stating the truth is not taken at the first beginning of the litigation as it ought to be, it can afterward be taken at any part of the litigation, since that oaths of this kind be furnished at the beginning is not of the substance of the judicial order.

§ 1. Nor, because the oath of calumny has been tacitly omitted throughout the whole cause, is a judicial proceeding otherwise lawfully conducted null or to be annulled.

§ 2. Although in spiritual causes, in which an oath concerning stating the truth ought to be taken, the canons do not enjoin the oath of calumny upon anyone, nevertheless, because we see that calumny is frequently committed in them, we judge it useful that in those causes, as many observe, an oath ought to be taken at the same time both concerning stating the truth and concerning calumny, so that the way may be closed to calumnies.

2.

Chapter II

In an appeal cause an oath ought to be taken concerning calumny and stating the truth. — § 1. A procurator deputed after the oath of calumny will take the oath of calumny. This is what it says. — § 2. Whenever it seems good to him, the judge requires an oath of malice even if an oath concerning calumny or the truth has been taken. John Andrew.

The same. In an appeal cause, although an oath was taken in the principal cause, we command that the oath of calumny be furnished; and we will that the same be observed concerning the oath of stating the truth.

§ 1. We will that procurators who are deputed after the oath of calumny are also bound to undergo an oath of this kind, so that calumny may be avoided by them, even if they have been instructed by their principals concerning what they ought to plead, answer, or do.

§ 2. In all causes, not only before but also after issue has been joined, whether an oath concerning the truth or concerning calumny has been taken in them, the judge can require from the parties an oath of malice whenever he sees that it is expedient.

3.

Chapter III

A procurator having a special mandate takes the oath of calumny. John Andrew.

The same. The judge who admitted your adversary’s procurator, appointed for the cause and having a special mandate concerning this, to furnish the oath of calumny in it is judged to have done you no injury.