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The Emperor Augustus,--[This story is taken from Seneca, De Clementia, i. 9.]--being in Gaul, had certain information of a conspiracy L. Cinna was contriving against him; he therefore resolved to make him an example; and, to that end, sent to summon his friends to meet the next morning in counsel. But the night between he passed in great unquietness of mind, considering that he was about to put to death a young man, of an illustrious family, and nephew to the great Pompey, and this made him break out into several passionate complainings. “What then,” said he, “is it possible that I am to live in perpetual anxiety and alarm, and suffer my would-be assassin, meantime, to walk abroad at liberty? Shall he go unpunished, after having conspired against my life, a life that I have hitherto defended in so many civil wars, in so many battles by land and by sea? And after having settled the universal peace of the whole world, shall this man be pardoned, who has conspired not only to murder, but to sacrifice me?”--for the conspiracy was to kill him at sacrifice. After which, remaining for some time silent, he began again, in louder tones, and exclaimed against himself, saying: “Why livest thou, if it be for the good of so many that thou shouldst die? must there be no end of thy revenges and cruelties? Is thy life of so great value, that so many mischiefs must be done to preserve it?” His wife Livia, seeing him in this perplexity: “Will you take a woman’s counsel?” said she. “Do as the physicians do, who, when the ordinary recipes will do no good, make trial of the contrary. By severity you have hitherto prevailed nothing; Lepidus has followed Salvidienus; Murena, Lepidus; Caepio, Murena; Egnatius, Caepio. Begin now, and try how sweetness and clemency will succeed.

or have I, through private hatred or malice, offended any kinsman or friend of yours? It is not above three weeks that I have known you; what inducement, then, could move you to attempt my death?” To which the gentleman with a trembling voice replied, “That it was no particular grudge he had to his person, but the general interest and concern of his party, and that he had been put upon it by some who had persuaded him it would be a meritorious act, by any means, to extirpate so great and so powerful an enemy of their religion.” “Well,” said the prince, “I will now let you see, how much more charitable the religion is that I maintain, than that which you profess: yours has counselled you to kill me, without hearing me speak, and without ever having given you any cause of offence; and mine commands me to forgive you, convict as you are, by your own confession, of a design to kill me without reason.--[Imitated by Voltaire. See Nodier, Questions, p. 165.]--Get you gone; let me see you no more; and, if you are wise, choose henceforward honester men for your counsellors in your designs.”--[Dampmartin, La Fortune de la Coup, liv. ii., p. 139]

Jacques Amiot, grand almoner of France, one day related to me this story, much to the honour of a prince of ours (and ours he was upon several very good accounts, though originally of foreign extraction),--[The Duc de Guise, surnamed Le Balafre.]--that in the time of our first commotions, at the siege of Rouen,--[In 1562]--this prince, having been advertised by the queen-mother of a conspiracy against his life, and in her letters particular notice being given him of the person who was to execute the business (who was a gentleman of Anjou or of Maine, and who to this effect ordinarily frequented this prince’s house), discovered not a syllable of this intelligence to any one whatever; but going the next day to the St. Catherine’s Mount,--[An eminence outside Rouen overlooking the Seine. D.W.]--from which our battery played against the town (for it was during the time of the siege), and having in company with him the said lord almoner, and another bishop, he saw this gentleman, who had been denoted to him, and presently sent for him; to whom, being come before him, seeing him already pale and trembling with the conscience of his guilt, he thus said, “Monsieur,” such an one, “you guess what I have to say to you; your countenance discovers it; ‘tis in vain to disguise your practice, for I am so well informed of your business, that it will but make worse for you, to go about to conceal or deny it: you know very well such and such passages” (which were the most secret circumstances of his conspiracy), “and therefore be sure, as you tender your own life, to confess to me the whole truth of the design.” The poor man seeing himself thus trapped and convicted (for the whole business had been discovered to the queen by one of the accomplices), was in such a taking, he knew not what to do; but, folding his hands, to beg and sue for mercy, he threw himself at his prince’s feet, who taking him up, proceeded to say, “Come, sir; tell me, have I at any time done you offence?

The Lacedaemonians themselves, who were so religious observers of the laws of their country, being straitened by one of their own edicts, by which it was expressly forbidden to choose the same man twice to be admiral; and on the other side, their affairs necessarily requiring, that Lysander should again take upon him that command, they made one Aratus admiral; ‘tis true, but withal, Lysander went general of the navy; and, by the same subtlety, one of their ambassadors being sent to the Athenians to obtain the revocation of some decree, and Pericles remonstrating to him, that it was forbidden to take away the tablet wherein a law had once been engrossed, he advised him to turn it only, that being not forbidden; and Plutarch commends Philopoemen, that being born to command, he knew how to do it, not only according to the laws, but also to overrule even the laws themselves, when the public necessity so required.

forasmuch as the ordinary discipline of a healthful state does not provide against these extraordinary accidents; it presupposes a body that supports itself in its principal members and offices, and a common consent to its obedience and observation. A legitimate proceeding is cold, heavy, and constrained, and not fit to make head against a headstrong and unbridled proceeding. ‘Tis known to be to this day cast in the dish of those two great men, Octavius and Cato, in the two civil wars of Sylla and Caesar, that they would rather suffer their country to undergo the last extremities, than relieve their fellow-citizens at the expense of its laws, or be guilty of any innovation; for in truth, in these last necessities, where there is no other remedy, it would, peradventure, be more discreetly done, to stoop and yield a little to receive the blow, than, by opposing without possibility of doing good, to give occasion to violence to trample all under foot; and better to make the laws do what they can, when they cannot do what they would. After this manner did he--[Agesilaus.]--who suspended them for four-and-twenty hours, and he who, for once shifted a day in the calendar, and that other--[Alexander the Great.]--who of the month of June made a second of May.

So it is, nevertheless, that Fortune still reserving her authority in defiance of whatever we are able to do or say, sometimes presents us with a necessity so urgent, that ‘tis requisite the laws should a little yield and give way; and when one opposes the increase of an innovation that thus intrudes itself by violence, to keep a man’s self in so doing, in all places and in all things within bounds and rules against those who have the power, and to whom all things are lawful that may in any way serve to advance their design, who have no other law nor rule but what serves best to their own purpose, ‘tis a dangerous obligation and an intolerable inequality:

As soon as they saw the men of Chao following up their advantage, they galloped behind the deserted walls, tore up the enemy’s flags and replaced them by those of Han. When the Chao army looked back from the pursuit, the sight of these red flags struck them with terror. Convinced that the Hans had got in and overpowered their king, they broke up in wild disorder, every effort of their leader to stay the panic being in vain. Then the Han army fell on them from both sides and completed the rout, killing a number and capturing the rest, amongst whom was King Ya himself…. After the battle, some of Han Hsin’s officers came to him and said: "In the Art of War we are told to have a hill or tumulus on the right rear, and a river or marsh on the left front. [This appears to be a blend of Sun Tzŭ and T’ai Kung. See IX § 9, and note.] You, on the contrary, ordered us to draw up our troops with the river at our back. Under these conditions, how did you manage to gain the victory?" The general replied: "I fear you gentlemen have not studied the Art of War with sufficient care. Is it not written there: ‘Plunge your army into desperate straits and it will come off in safety; place it in deadly peril and it will survive’? Had I taken the usual course, I should never have been able to bring my colleague round. What says the Military Classic—‘Swoop down on the market-place and drive the men off to fight.’ [This passage does not occur in the present text of Sun Tzŭ.] If I had not placed my troops in a position where they were obliged to fight for their lives, but had allowed each man to follow his own discretion, there would have been a general débandade, and it would have been impossible to do anything with them." The officers admitted the force of his argument, and said: "These are higher tactics than we should have been capable of." [See Ch’ien Han Shu, ch. 34, ff. 4, 5.] ]

God knows, in the present quarrel of our civil war, where there are a hundred articles to dash out and to put in, great and very considerable, how many there are who can truly boast, they have exactly and perfectly weighed and understood the grounds and reasons of the one and the other party; ‘tis a number, if they make any number, that would be able to give us very little disturbance. But what becomes of all the rest, under what ensigns do they march, in what quarter do they lie? Theirs have the same effect with other weak and ill-applied medicines; they have only set the humours they would purge more violently in work, stirred and exasperated by the conflict, and left them still behind. The potion was too weak to purge, but strong enough to weaken us; so that it does not work, but we keep it still in our bodies, and reap nothing from the operation but intestine gripes and dolours.

[These words of Sun Tzŭ were once quoted by Han Hsin in explanation of the tactics he employed in one of his most brilliant battles, already alluded to on p. 28. In 204 B.C., he was sent against the army of Chao, and halted ten miles from the mouth of the Ching-hsing pass, where the enemy had mustered in full force. Here, at midnight, he detached a body of 2000 light cavalry, every man of which was furnished with a red flag. Their instructions were to make their way through narrow defiles and keep a secret watch on the enemy. "When the men of Chao see me in full flight," Han Hsin said, "they will abandon their fortifications and give chase. This must be the sign for you to rush in, pluck down the Chao standards and set up the red banners of Han in their stead." Turning then to his other officers, he remarked: "Our adversary holds a strong position, and is not likely to come out and attack us until he sees the standard and drums of the commander-in-chief, for fear I should turn back and escape through the mountains." So saying, he first of all sent out a division consisting of 10,000 men, and ordered them to form in line of battle with their backs to the River Ti. Seeing this manœuver, the whole army of Chao broke into loud laughter. By this time it was broad daylight, and Han Hsin, displaying the generalissimo’s flag, marched out of the pass with drums beating, and was immediately engaged by the enemy. A great battle followed, lasting for some time; until at length Han Hsin and his colleague Chang Ni, leaving drums and banner on the field, fled to the division on the river bank, where another fierce battle was raging. The enemy rushed out to pursue them and to secure the trophies, thus denuding their ramparts of men; but the two generals succeeded in joining the other army, which was fighting with the utmost desperation. The time had now come for the 2000 horsemen to play their part.