Maxim 8.1.39
An oath has in it three component parts — truth, justice, and judgment: truth is requisite in the party swearing, justice and judgment in the judge administering the oath.
Sacramentum habet in se tres comites, veritatem, justitiam et judicium: veritas habenda est in jurato, justitia et judicium in judice.
Source: 3 Inst. 160; Jackson; Weisman, 84e
Difficulty 1/5 — Foundational
Explanation
The oath binds both the swearer and the officer — the swearer must speak truth, and the judge must administer the oath justly and with sound judgment.
Where this applies
- A witness lied under oath — both the witness and the judge who administered the oath have duties.
- The oath-taker must speak truth and the judge administering it must do so justly.
Legal domains
Cite this maxim
NeCede Max. 8.1.39 — An oath has in it three component parts — truth, justice, and judgment: truth is requisite in the party swearing, justice and judgment in the judge administering the oath. — 3 Inst. 160; Jackson; Weisman, 84e (Sacramentum habet in se tres comites, veritatem, justitiam et judicium: veritas habenda est in jurato, justitia et judicium in judice.)
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