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.