(Translated by Charles Cotton)
       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 Offic., 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.]
       [The end]
       Montaigne's essay: That The Hour Of Parley Is Dangerous

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
Of Presumption
Of Profit And Honesty
Of Prognostications
Of Quick Or Slow Speech
Of Recompenses Of Honour
Of Repentance
Of Sleep
Of Smells
Of Solitude
Of Sorrow
Of Sumptuary Laws
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