Institutio Oratoria

But our proceedings as a whole will draw their arguments from the circumstances of the case at issue. For example, it may be incredible that an incident occurred as stated in the documents, or, as more often happens, the evidence of the documents may be overthrown by other proofs which are likewise of an inartificial nature; if, for example, it is alleged that the person, whose interests are prejudiced by the document, or one of the signatories was absent when the document was signed, or deceased before its signature, or if the dates disagree, or events preceding or following the writing of the document are inconsistent with it. Even a simple inspection of a document is often sufficient for the detection of forgery.

With regard to oaths, [*]( An oath might be taken by one of the parties as an alternative to evidence. In court such an oath might be taken only on the proposal of the adversary; the litigant might not swear on his own initiative, although an oath might be taken voluntarily before the case came into court. The matter of the oath rested with the profferer, and the taking of such a proffered oath meant victory for the swearer. ) parties either offer to take an oath themselves, or refuse to accept the oath of their opponent, demand that their opponent should take an oath or refuse to comply with a similar demand when proffered to themselves. To offer to take an oath unconditionally without demanding that one's opponent should likewise take an oath is as a rule a sign of bad faith.

If, however, anyone should take this course, he will defend his action by appealing to the blamelessness of his life