(Translated by Charles Cotton)
       THAT MEN ARE JUSTLY PUNISHED FOR BEING OBSTINATE IN THE DEFENCE OF A FORT THAT IS NOT IN REASON TO BE DEFENDED
       Valour has its bounds as well as other virtues, which, once transgressed, the next step is into the territories of vice; so that by having too large a proportion of this heroic virtue, unless a man be very perfect in its limits, which upon the confines are very hard to discern, he may very easily unawares run into temerity, obstinacy, and folly. From this consideration it is that we have derived the custom, in times of war, to punish, even with death, those who are obstinate to defend a place that by the rules of war is not tenable; otherwise men would be so confident upon the hope of impunity, that not a henroost but would resist and seek to stop an army.
       The Constable Monsieur de Montmorenci, having at the siege of Pavia been ordered to pass the Ticino, and to take up his quarters in the Faubourg St. Antonio, being hindered by a tower at the end of the bridge, which was so obstinate as to endure a battery, hanged every man he found within it for their labour. And again, accompanying the Dauphin in his expedition beyond the Alps, and taking the Castle of Villano by assault, and all within it being put to the sword by the fury of the soldiers, the governor and his ensign only excepted, he caused them both to be trussed up for the same reason; as also did the Captain Martin du Bellay, then governor of Turin, with the governor of San Buono, in the same country, all his people having been cut to pieces at the taking of the place.
       But forasmuch as the strength or weakness of a fortress is always measured by the estimate and counterpoise of the forces that attack it --for a man might reasonably enough despise two culverins, that would be a madman to abide a battery of thirty pieces of cannon--where also the greatness of the prince who is master of the field, his reputation, and the respect that is due unto him, are also put into the balance, there is danger that the balance be pressed too much in that direction. And it may happen that a man is possessed with so great an opinion of himself and his power, that thinking it unreasonable any place should dare to shut its gates against him, he puts all to the sword where he meets with any opposition, whilst his fortune continues; as is plain in the fierce and arrogant forms of summoning towns and denouncing war, savouring so much of barbarian pride and insolence, in use amongst the Oriental princes, and which their successors to this day do yet retain and practise. And in that part of the world where the Portuguese subdued the Indians, they found some states where it was a universal and inviolable law amongst them that every enemy overcome by the king in person, or by his lieutenant, was out of composition.
       So above all both of ransom and mercy a man should take heed, if he can, of falling into the hands of a judge who is an enemy and victorious.
       [The end]
       Montaigne's essay: That Men Are Justly Punished For Being Obstinate In The Defence Of A Fort

Against Idleness
All Things Have Their Season
The Ceremony Of The Interview Of Princes
A Consideration Upon Cicero
Cowardice The Mother Of Cruelty
A Custom Of The Isle Of Cea
Defence Of Seneca And Plutarch
The Letters Of Montaigne
Nine And Twenty Sonnets Of Estienne De La Boitie
Not To Communicate A Man's Honour
Not To Counterfeit Being Sick
Observation On The Means To Carry On A War According To Julius Caesar
Of A Monstrous Child
Of A Saying Of Caesar
Of Age
Of Ancient Customs
Of Anger
Of Books
Of Cannibals
Of Cato The Younger
Of Coaches
Of Conscience
Of Constancy
Of Cripples
Of Cruelty
Of Custom, And That We Should Not Easily Change A Law Received
Of Democritus And Heraclitus
Of Diversion
Of Drunkenness
Of Experience
Of Fear
Of Friendship
Of Giving The Lie
Of Glory
Of Idleness
Of Ill Means Employed To A Good End
Of Judging Of The Death Of Another
Of Liars
Of Liberty Of Conscience
Of Managing the Will
Of Moderation
Of Names
Of One Defect In Our Government
Of Pedantry
Of Physiognomy
Of Posting
Of Prayers
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Of Profit And Honesty
Of Prognostications
Of Quick Or Slow Speech
Of Recompenses Of Honour
Of Repentance
Of Sleep
Of Smells
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Of The Affection Of Fathers To Their Children
Of The Arms Of The Parthians
Of the Art of Conference
Of The Battle Of Dreux
Of The Custom Of Wearing Clothes
Of The Education Of Children
Of The Force Of Imagination
Of The Inconstancy Of Our Actions
Of The Inconvenience Of Greatness
Of The Inequality Amongst Us
Of The Most Excellent Men
Of The Parsimony Of The Ancients
Of The Punishment Of Cowardice
Of The Resemblance Of Children To Their Fathers
Of The Roman Grandeur
Of The Uncertainty Of Our Judgment
Of The Vanity Of Words
Of Three Commerces
Of Three Good Women
Of Thumbs
Of Vain Subtleties
Of Vanity
Of Virtue
Of War Horses, Or Destriers
A Proceeding Of Some Ambassadors
The Story Of Spurina
That A Man Is Soberly To Judge Of The Divine Ordinances
That Fortune Is Oftentimes Observed To Act By The Rule Of Reason
That It Is Folly To Measure Truth And Error By Our Own Capacity
That Men Are Justly Punished For Being Obstinate In The Defence Of A Fort
That Men Are Not To Judge Of Our Happiness Till After Death
That Men By Various Ways Arrive At The Same End
That Our Affections Carry Themselves Beyond Us
That Our Desires Are Augmented By Difficulty
That Our Mind Hinders Itself
That The Hour Of Parley Is Dangerous
That The Intention Is Judge Of Our Actions
That The Profit Of One Man Is The Damage Of Another
That The Relish For Good And Evil Depends In Great Measure Upon The Opinion
That The Soul Expends Its Passions Upon False Objects, Where The True Are Wantin
That To Study Philosophy Is To Learn To Die
That We Are To Avoid Pleasures, Even At The Expense Of Life
That We Laugh And Cry For The Same Thing
That We Taste Nothing Pure
To-Morrow's A New Day
Upon Some Verses Of Virgil
Use Makes Perfect
Various Events From The Same Counsel
Whether The Governor Of A Place Besieged Ought Himself To Go Out To Parley