It is my intention, as far as possible, to enact such laws as relate to the observance of good morals, or will restore to full force the ancient enactments which had the same purpose; therefore, it is proper to revive the ancient rule which compels a litigant, who tenders the oath to his adversary, himself previously to swear that his act was not prompted by fraud, or with a view to injure him, but only to remove the doubts which obscured his reason, and to ascertain the truth; for although the ancients may very justly have approved of this, and the security which it offers, it is at present neglected, and the party to whom the oath is tendered is obliged to take it, without requiring anything from his opponent. Therefore, We decree that the law adopted by the ancient legislators with reference to such an oath shall be obeyed, and that he who wishes to have his adversary sworn shall first give the solemn assurance that he does not tender him the oath from any fraudulent motive, but for a necessary and indispensable reason; for I think that when both the parties are thus compelled to be sworn, either the truth will become more apparent from their oaths, or they will be less likely to proceed hastily and unadvisedly in tendering them.