That Men Are Justly Punished for Being Obstinate in the Defence of a Fort That Is Not in Reason to Be Defended
Valour has its bounds as well as other virtues, which, once transgressed, the next step is into the territories of vice; so that by having too large a proportion of this heroic virtue, unless a man be very perfect in its limits, which upon the confines are very hard to discern, he may very easily unawares run into temerity, obstinacy, and folly. From this consideration it is that we have derived the custom, in times of war, to punish, even with death, those who are obstinate to defend a place that by the rules of war is not tenable; otherwise men would be so confident upon the hope of impunity, that not a henroost but would resist and seek to stop an army.
The Constable Monsieur de Montmorenci, having at the siege of Pavia been ordered to pass the Ticino, and to take up his quarters in the Faubourg St. Antonio, being hindered by a tower at the end of the bridge, which was so obstinate as to endure a battery, hanged every man he found within it for their labour. And again, accompanying the Dauphin in his expedition beyond the Alps, and taking the Castle of Villano by assault, and all within it being put to the sword by the fury of the soldiers, the governor and his ensign only excepted, he caused them both to be trussed up for the same reason; as also did the Captain Martin du Bellay, then governor of Turin, with the governor of San Buono, in the same country, all his people having been cut to pieces at the taking of the place.
But forasmuch as the strength or weakness of a fortress is always measured by the estimate and counterpoise of the forces that attack it —for a man might reasonably enough despise two culverins, that would be a madman to abide a battery of thirty pieces of cannon—where also the greatness of the prince who is master of the field, his reputation, and the respect that is due unto him, are also put into the balance, there is danger that the balance be pressed too much in that direction. And it may happen that a man is possessed with so great an opinion of himself and his power, that thinking it unreasonable any place should dare to shut its gates against him, he puts all to the sword where he meets with any opposition, whilst his fortune continues; as is plain in the fierce and arrogant forms of summoning towns and denouncing war, savouring so much of barbarian pride and insolence, in use amongst the Oriental princes, and which their successors to this day do yet retain and practise. And in that part of the world where the Portuguese subdued the Indians, they found some states where it was a universal and inviolable law amongst them that every enemy overcome by the king in person, or by his lieutenant, was out of composition.
So above all both of ransom and mercy a man should take heed, if he can, of falling into the hands of a judge who is an enemy and victorious.