ained 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,
"Nemin