I saw, notwithstanding, lately at Mussidan, a place not far from my house, that those who were driven out thence by our army, and others of their party, highly complained of treachery, for that during a treaty of accommodation, and in the very interim that their deputies were treating, they were surprised and cut to pieces: a thing that, peradventure, in another age, might have had some colour of foul play; but, as I have just said, the practice of arms in these days is quite another thing, and there is now no confidence in an enemy excusable till the treaty is finally sealed; and even then the conqueror has enough to do to keep his word: so hazardous a thing it is to entrust the observation of the faith a man has engaged to a town that surrenders upon easy and favourable conditions, to the licence of a victorious army, and to give the soldier free entrance into it in the heat of blood.
Lucius AEmilius Regillus, the Roman praetor, having lost his time in attempting to take the city of Phocaea by force, by reason of the singular valour wherewith the inhabitants defended themselves, conditioned, at last, to receive them as friends to the people of Rome, and to enter the town, as into a confederate city, without any manner of hostility, of which he gave them all assurance; but having, for the greater pomp, brought his whole army in with him, it was no more in his power, with all the endeavour he could use, to restrain his people: so that, avarice and revenge trampling under foot both his authority and all military discipline, he there saw a considerable part of the city sacked and ruined before his face.
Cleomenes was wont to say, "that what mischief soever a man could do his enemy in time of war was above justice, and nothing accountable to it in the sight of gods and men." And so, having concluded a truce with those of Argos for seven days, the third night after he fell upon them when they were all buried in sleep, and put them to the sword, alleging that there had no nights been mentioned in the truce; but the gods punished this subtle perfidy.
In a time of parley also; and while the citizens were relying upon their safety warrant, the city of Casilinum was taken by surprise, and that even in the age of the justest captains and the most perfect Roman military discipline; for it is not said that it is not lawful for us, in time and place, to make advantage of our enemies' want of understanding, as well as their want of courage.
And, doubtless, war has naturally many privileges that appear reasonable even to the prejudice of reason. And therefore here the rule fails, "Neminem id agere ut ex alte rius praedetur inscitia."--["No one should preys upon another's folly."--Cicero, De 0ffic., iii. 17.]-- But I am astonished at the great liberty allowed by Xenophon in such cases, and that both by precept and by the example of several exploits of his complete emperor; an author of very great authority, I confess, in those affairs, as being in his own person both a great captain and a philosopher of the first form of Socrates' disciples; and yet I cannot consent to such a measure of licence as he dispenses in all things and places.
Monsieur d'Aubigny, besieging Capua, and after having directed a furious battery against it, Signor Fabricio Colonna, governor of the town, having from a bastion begun to parley, and his soldiers in the meantime being a little more remiss in their guard, our people entered the place at unawares, and put them all to the sword. And of later memory, at Yvoy, Signor Juliano Romero having played that part of a novice to go out to parley with the Constable, at his return found his place taken. But, that we might not scape scot-free, the Marquess of Pescara having laid siege to Genoa, where Duke Ottaviano Fregosa commanded under our protection, and the articles betwixt them being so far advanced that it was looked upon as a done thing, and upon the point to be concluded, the Spaniards in the meantime having slipped in, made use of this treachery as an absolute victory. And since, at Ligny, in Barrois, where the Count de Brienne commanded, the emperor having in his own person beleaguered that place, and Bertheville, the said Count's lieutenant, going out to parley, whilst he was capitulating the town was taken.
"Fu il vincer sempremai laudabil cosa, Vincasi o per fortuna, o per ingegno,"
["Victory is ever worthy of praise, whether obtained by valour or wisdom."--Ariosto, xv. I.]
But the philosopher Chrysippus was of another opinion, wherein I also concur; for he was used to say that those who run a race ought to employ all the force they have in what they are about, and to run as fast as they can; but that it is by no means fair in them to lay any hand upon their adversary to stop him, nor to set a leg before him to throw him down. And yet more generous was the answer of that great Alexander to Polypercon who was persuading him to take the advantage of the night's obscurity to fall upon Darius. "By no means," said be; "it is not for such a man as I am to steal a victory, 'Malo me fortunae poeniteat, quam victoria pudeat.'"--["I had rather complain of ill-fortune than be ashamed of victory." Quint. Curt, iv. 13]--"Atque idem fugientem baud est dignatus Oroden Sternere, nec jacta caecum dare cuspide vulnus Obvius, adversoque occurrit, seque viro vir Contulit, haud furto melior, sed fortibus armis."
["He deigned not to throw down Orodes as he fled, or with the darted spear to give him a wound unseen; but overtaking him, he confronted him face to face, and encountered man to man: superior, not in stratagem, but in valiant arms."--AEneid, x. 732.]