Plutarch's Romane Questions · Plutarch
39.
_What is the cause, that it was not lawfull for them who were not prest soldiors by oth and enrolled, although upon some other occasions they conversed in the campe, to strike or wound an enemie? And verely_ Cato _himselfe the elder of that name signified thus much in a letter missive which he wrote unto his sonne: wherein he straitly charged him, that if he had accomplished the full time of his service, and that his captain had given him his conge and discharge, he should immediately returne: or in case he had leifer stay still in the campe, that he should obtaine of his captaine permission and licence to hurt and kill his enemie_. IS it because there is nothing else but necessitie alone, doeth warrantize the killing of a man: and he who unlawfully and without expresse commaundement of a superiour (unconstrained) doth it, is a meere homicide and manslaier. And therefore _Cyrus_ commended _Chrysantas_, for that being upon the verie point of killing his enemie, as having lifted up his cemiter for to give him a deadly wound, presently upon the sound of the retreat by the trumpet, let the man go, and would not smite him, as if he had beene forbidden so to do.
Or may it not be, for that he who presenteth himselfe to fight with his enemie, in case he shrink, and make not good his ground, ought not to go away cleere withal, but to be held faulty and to suffer punishment: for he doth nothing so good service that hath either killed or wounded an enemie, as harme and domage, who reculeth backe or flieth away: now he who is discharged from warfare, and hath leave to depart, is no more obliged and bound to militarie lawes: but he that hath demaunded permission to do that service which sworne and enrolled souldiers performe, putteth himselfe againe under the subjection of the law and his owne captaine.
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