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Question 39. Why is it unlawful for such as are not
mustered (although they be otherwise conversant in the
army) to slay an enemy or wound him?
Solution. This thing Cato Senior hath made clear in a
certain epistle, writing to his son and commanding him, if
he be discharged of the army having fulfilled his time
there, to return; but if he stay, to take commission from
the general to march forth in order to wounding and
slaying the enemy. Is it the reason, that necessity alone
can give warrant for the killing of a man, while he that
doth this illegally and without commission is a murderer?
Therefore Cyrus commended Chrysantas that, when he
was about to slay an enemy and had lifted up his scimitar
to take his blow, hearing a retreat sounded, he let the
man alone and smote him not, as being prohibited. Or is
it that, if a man conflicts and fights with his enemies and
falls under a consternation, he ought to be liable to answer
for it, and not escape punishment? For verily he doth
not advantage his side so much by smiting and wounding
him, as he doth mischief by turning his back and flying.
Therefore he that is disbanded is freed from martial laws;
but when he doth petition to perform the office of a soldier, he doth again subject himself to military discipline
and put himself under the command of his general.
Plutarch. Plutarch's Morals. Translated from the Greek by several hands. Corrected and revised by. William W. Goodwin, PH. D. Boston. Little, Brown, and Company. Cambridge. Press Of John Wilson and son. 1874. 2.
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