Chapter 2 (151): 1. Whether Something Which Is Not A Lie Can Be A Perjury.—
Distinction XXXIX | 161 3. CONCERNING JACOB, WHETHER HE LIED. It is usual to ask concerning
Jacob whether he lied, when he said that he was Esau, even though he knew otherwise in his soul.°-—On this, Augustine says: "As for Jacob and that which he did at his mother's bidding so as to deceive his father, if it is considered with diligence, it does not seem to be a lie, but a mystery."®
For he intended to obey his mother, who had known the mystery through the Spirit. And so, because of the familiar counsel of the Holy Spirit which his mother had received, Jacob is excused from lying.
DISTINCTION XXXIX
Chapter | (150) WHAT IS PERJURY. Now let us consider perjury. Perjury is a lie confirmed by an oath.
Chapter 2 (151)
1. WHETHER SOMETHING WHICH IS NOT A LIE CAN BE A PERJURY.—
JEROME, ON JEREMIAS. Here it is asked whether there can be perjury, where there is no lie. This seems to be the case to some, on the authority of Jerome, who says: "It is to be noted that the swearing of an oath has three components: truth, judgement, and justice. If these are lacking, there is no oath, but perjury."' But where a falsehood is sworn, truth is lacking; and so if a falsehood is sworn, even if there is no intention to deceive, it seems to constitute perjury, because truth is lacking.
2. THE OPINION OF SOME ON THIS MATTER. It pleases some to hold that there is no perjury where there is no lie; and just as at times a falsehood is uttered without lying, so a falsehood is sworn without perjury. Perhaps the Apostle spoke a falsehood when he said that he would be coming to Corinth,' and yet, despite charges to the contrary,' he did not incur the fault of lying because he said what he felt in his soul. And if he had confirmed that by an oath, he would not have incurred perjury, because he told the truth insofar as it was in him; and if he had added an oath, he would have sworn the truth insofar as it was in him, even if it turned out otherwise than he said. And so, just as one is not a liar, unless he feels in his soul otherwise than he says, whether the matter is so or not, so it
*Cf Gen: 27, 19-24:
°Augustine, Contra mendacium, c10 24.
'Jerome, In leremiam 4, 2.
*C Pr i Gar u6e5:
3>O£22 Cor 115223.