The Ethical Writings. Cicero
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Theseus would not have been bereft of his son, Hippolytus; for, of the three wishes which Neptune had promised to grant him, the third, as the story runs, was his demand in anger for the death of Hippolytus, the granting of which plunged him into the deepest sorrow. Promises, then, are not to be kept, when by keeping them you do harm to those to whom they are made; nor yet if they injure you more than they benefit him to whom you made them, is it contrary to duty that the greater good should be preferred to the less. Ref. 023 For instance, if you engaged to appear as an advocate in an impending lawsuit, and meanwhile your child became severely ill, you would not fail in your duty to your client by breaking your promise; on the other hand, he to whom you made the promise would be false to his duty, if he complained of your deserting him. Again, who does not perceive that promises extorted by fear, Ref. 024 or obtained by fraud, are not to be kept? Indeed, such promises are made void, in most cases by praetorian edict, Ref. 025 in some by express statutes.
There are, also, wrongs committed by a sort of chicanery, which consists in a too subtle, and thus fraudulent, interpretation of the right. Hence comes the saying: The extreme of right is the extreme of wrong. Under this head, there have been many violations of the right in the administration of public affairs, as in the case of him who, during a thirty days’ truce with an enemy, ravaged the enemy’s territory by night, on the pretext that the truce had been agreed upon for so many days, not nights. Ref. 026 Nor can we approve of our fellow-citizen, if the story is true, that Quintus Fabius Labeo, or some one else, — I know of the matter only by hearsay, — being appointed by the Senate as an umpire between the people of Nola and those of Neapolis about their boundaries, when he came to the spot, argued with each party separately that they should not be greedy or covetous, but should rather recede than advance in their demands of each other. When they had both complied with his advice, there remained some territory between these previously contiguous states; and so he fixed their bounds in accordance with their respective claims, and adjudged the intermediate territory to the Roman people. Ref. 027 This, indeed, is swindling, not arbitration. Shrewdness like this is to be shunned in transactions of every kind.
11. There are also certain duties to be observed toward those who may have injured you. For there is a limit to revenge and punishment, — nay, I know not whether it may not be enough for him who gave the provocation to repent of his wrong-doing, so that he may not do the like again, and that others may be the less disposed to do as he has done. In the public administration, also, the rights of war are to be held sacred. While there are two ways of contending, one by discussion, the other by force, the former belonging properly to man, the latter to beasts, recourse must be had to the latter if there be no opportunity for employing the former. Wars, then, are to be waged in order to render it possible to live in peace without injury; but, victory once gained, those are to be spared who have not been cruel and inhuman in war, as our ancestors even admitted to citizenship the Tuscans, the Aequi, the Volsci, the Sabines, the Hernici; while they utterly destroyed Carthage and Numantia. I could wish that they had not destroyed Corinth; but I believe that they had some motive, especially the convenience of the place for hostile movements, — the fear that the very situation might be an inducement to rebellion. Ref. 028 In my opinion, peace is always to be sought when it can be made on perfectly fair and honest conditions. In this matter had my opinion been followed, we should now have, not indeed the best republic possible, but a republic of some sort, which is no longer ours. Still further, while those whom you conquer are to be kindly treated, those who, laying down their arms, take refuge in the good faith of the commander of the assailing army, ought to be received to quarter, even though the battering-ram have already shaken their walls. Ref. 029 In this respect justice used to be so carefully observed by our people, that by the custom of our ancestors those who received into allegiance states or nations subdued in war were their patrons. Indeed, the rights of war are prescribed with the most sacred care by the fecial law Ref. 030 of the Roman people, from which it may be understood that no war is just unless after a formal demand of satisfaction for injury, or after an express declaration and proclamation of hostilities. Popilius, as commander, held control of a province. A son of Cato served his first campaign in his army. When Popilius saw fit to discharge one of the legions, he discharged also Cato’s son, who served in that same legion. But when the youth remained in the army for love of military service, Cato wrote to Popilius that if he permitted his son to stay, he must make him take a second oath of military duty, else, the term of the first oath having expired, he could not lawfully fight with the enemy. Thus there used to be the most scrupulous observance of the right in the conduct of war. There is, indeed, extant a letter of Marcus Cato the elder to his son Marcus, in which he writes that he has heard of his son’s discharge by the consul, after service in Macedonia in the war with Perseus, and warns him not to go into battle, inasmuch as it is not right for one who is no longer a soldier to fight with the enemy. Ref. 031
12. In this connection it occurs to my mind that in the early time the name denoting an enemy engaged in actual war was the word employed to denote a foreigner, the unpleasantness of the fact being thus relieved by the mildness of the term; for he whom we call a foreigner bore with our ancestors the appellation which we now give to an enemy. The laws of the Twelve Tables show this, as, for instance, “A day assigned for trial with a foreigner,” “Perpetual right of ownership as against a foreigner.” Ref. 032 What can more truly indicate gentleness of spirit than calling him with whom you are at war by so mild a name? Yet time has made that word harsher; for it has ceased to denote a foreigner, and has retained, as properly belonging to it, its application to an adversary in arms. Even when there is a contest for power, and fame is sought in war, there ought still to underlie the conflict the same grounds that I have named above as just causes for war. But the wars waged for superiority in honor or in dominion should be conducted with less bitterness of feeling than where there are actual wrongs to be redressed. For as we contend with a fellow-citizen in one way if he is an enemy, in a very different way if he is a rival, — the contest with the latter being for honor and promotion, with the former for life and reputation, — so our wars with the Celtiberi and the Cimbri were waged as with enemies, to determine not which should come off conqueror, but which should survive; while with the Latins, the Sabines, the Samnites, the Carthaginians, Pyrrhus, the contest was for superiority. The Carthaginians, indeed, violated their treaties; Hannibal was cruel; the others were more worthy of confidence. Indeed, what Pyrrhus said about restoring the captives of war is admirable: —
“I ask that you should give no gold, no price;
In war I ply no trade but sword with sword;
With steel, and not with gold, stake we our lives.
Wills queenly Fortune you or I should rule,
Try we by might. And bear this message with you, —
For those whose prowess Fortune spared in battle
Freedom is also spared by my decree.
Lead them away, — I grant, — the gods approve.” Ref. 033
A sentiment truly royal, and worthy of the race of the Aeacidae. Ref. 034
13. Still further, if any person, induced by stress of circumstances, makes a promise to a public enemy, good faith must be observed in keeping such a promise. Thus Regulus, in the first Punic war, taken captive by the Carthaginians, sent to Rome to negotiate an exchange of prisoners, and bound by an oath to return, in the first place, on his arrival, gave his opinion in the Senate that the prisoners should not be sent back, and then, when his kindred and friends tried to retain him, preferred returning to punishment to breaking his faith with the enemy.
But in the second Punic war, after the battle of Cannae, the ten men whom Hannibal sent to Rome bound by an oath that they would return unless they obtained the redemption of the prisoners of war, were all disfranchised for life Ref. 035 by the censors, because they had perjured themselves. Nor did that one of the ten escape who had incurred guilt by the fraudulent performance of his oath. He, having been suffered by Hannibal to leave the camp, returned shortly afterward, saying that he had forgotten something. Then going out again from the camp, he imagined himself acquitted of his oath, and he was so in words alone, not in fact. But in a promise, what you mean, not what you