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NeCede's

Maxim 9.2.11

The form of taking an oath, though it differs in words, agrees in meaning; for it ought to have this sense, that the Deity be invoked.

Jusjurandi forma verbis differt, re convenit; hunc enim sensum habere debet, ut Deus invocetur.

Source: Grotius, l. 2, c. 13, §10; Wharton; Weisman, 84m Difficulty 2/5 — Approachable

Explanation

The particular words of an oath may vary by custom or jurisdiction, but the substance is universal — every lawful oath must invoke the Almighty as witness to the truth of what is sworn.

Where this applies

  • The oath was taken in a different form than what's traditional but it still invoked God.
  • Someone objects to the wording of an oath even though the meaning was the same.
  • An oath was valid in substance even though the exact words were non-standard.

Legal domains

Cite this maxim

NeCede Max. 9.2.11 — The form of taking an oath, though it differs in words, agrees in meaning; for it ought to have this sense, that the Deity be invoked. — Grotius, l. 2, c. 13, §10; Wharton; Weisman, 84m (Jusjurandi forma verbis differt, re convenit; hunc enim sensum habere debet, ut Deus invocetur.)

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