THE NEW CONSTITUTIONS OF THE EMPEROR LEO. |
~ XCVII ~ |
PARTIES
LITIGANT SHALL BE SWORN WHEN ISSUE IS JOINED IN A CASE, AND MAGISTRATES
SHALL TAKE AN OATH WHEN THEY ASSUME THE DUTIES OF THEIR OFFICE. |
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( S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ). |
The
Same Emperor to the Same Stylianus. |
Although the law which directs magistrates, before entering upon their judicial duties, and parties litigant, when they appear in court, to be sworn, may appear contrary to the Divine command which forbids persons to swear at all, still, where anyone understands the meaning of the words, it can be seen that this is not a violation of the command, but, on the other hand, by ordering the oath to be taken, it has the same end in view as the Divine law had in forbidding it; for the latter intends to prevent falsehood, in prohibiting an oath, just as the former wished to do in having recourse to it. Therefore, paying less attention to the letter than the spirit of the law, We do not think that the civil rule should be rejected as being opposed to the Divine precept, but rather that it should preserve all its force as being devised to accomplish the same object. Moreover, We think that the command of God was not only intended to be applicable to the transactions of ordinary life, but was promulgated in order to enable persons to attain to a more elevated rank in a better world, and He has left us many other precepts of similar character which are contained in the same law, for example: "Do not permit your hearts to be sad, because you are poor, and do not conceal your treasures in the earth," etc., for these things are only intended for persons who wish to be perfect. Therefore, as We have already said, maintaining the Civil Law in full force, We do hereby order that magistrates who are about to assume the discharge of judicial functions, and parties litigant who are on the point of contesting a case, shall swear that they will prefer truth to falsehood, and will, under no circumstances, leave the straight road to follow the crooked path of fraud. |
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