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[108] For swearing to what is false is not necessarily perjury, but to take an oath “upon your conscience,” as it is expressed in our legal formulas, and then fail to perform it, that is perjury. For Euripides aptly says:
“My tongue has sworn; the mind I have has sworn no oath.
But Regulus had no right to confound by perjury1 the terms and covenants of war made with an enemy. For the war was being carried on with a legitimate, declared enemy; and to regulate our dealings with such an enemy, we have our whole fetial2 code as well as many other laws that are binding in common between nations. Were this not the case, the senate would never have delivered up illustrious men of ours in chains to the enemy.

1 Oaths made to an enemy as binding as treaties.

2 See Index, s.v.

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