—against the defendant1. If, however, the defendant denies the claim, the judge says to the claimant, “If you have evidence, then bring it—if you wish.” Should he produce it, the judge hears it and issues judgment2 on its basis; he does not judge by relying on his own personal knowledge. If the claimant says, “I have no evidence,” the judge informs him that he has the right to demand an oath from his opponent in accordance with the latter’s reply. If the claimant then asks3 that the defendant be put on oath, the judge administers the oath and dismisses him. The defendant’s oath counts for nothing until the claimant has requested it. If the defendant refuses, judgment is entered against him, the judge saying, “If you swear, well and good; otherwise I shall rule against you.” If he still will not swear, judgment is rendered against him. Yet if the defendant does take the oath and the claimant later brings4 his evidence5, the judge decides on the strength of that evidence; the oath does not annul the right6.

Section

A lawsuit is valid only when the claim is precisely formulated and the thing claimed is clearly identified, except in those cases where the law allows an unspecified claim, such as a bequest or saying, “one of his slaves as her dower,” and the like.

If someone alleges a marriage contract, a sale, or any other contract, he must state its conditions. If a woman claims that she is married to a man in order to claim maintenance, her dower, or something similar, her suit is heard; but if she merely alleges the marriage itself, it is not accepted. Whoever claims inheritance must state the cause that entitles him to it.

The uprightness of the witnesses must be verified both outwardly and inwardly; and if a witness’s reliability is unknown, the judge is to inquire about it.