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NeCede's

Maxim 9.5.4

He who does not freely speak the truth is a betrayer of the truth.

Qui non libere veritatem pronuntiat, proditor est veritatis.

Source: 4 Inst. Epil.; Bouv. 152; Weisman, 101b Difficulty 1/5 — Foundational

Explanation

The duty to speak truth is affirmative; a witness or officer who withholds what he knows to be true is as much a traitor to justice as one who speaks falsehood.

Where this applies

  • A witness knows the truth but refuses to speak up.
  • Someone who could clear this up is staying silent on purpose.
  • The person who knows what really happened won't come forward.

Topics

Truth

Legal domains

evidence

See also

Cite this maxim

NeCede Max. 9.5.4 — He who does not freely speak the truth is a betrayer of the truth. — 4 Inst. Epil.; Bouv. 152; Weisman, 101b (Qui non libere veritatem pronuntiat, proditor est veritatis.)

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