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diff --git a/44635-0.txt b/44635-0.txt new file mode 100644 index 0000000..ddd7891 --- /dev/null +++ b/44635-0.txt @@ -0,0 +1,8910 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 44635 *** + + Transcriber's Note: + + Every effort has been made to replicate this text as faithfully as + possible, including inconsistent hyphenation. Some changes have been + made. They are listed at the end of the text. + + Italic text has been marked with _underscores_. + + + + +MILITARY MANNERS AND CUSTOMS + + + + + LONDON: PRINTED BY + SPOTTISWOODE AND CO., NEW-STREET SQUARE + AND PARLIAMENT STREET + + + + + MILITARY MANNERS + AND CUSTOMS + + BY + + JAMES ANSON FARRER + + AUTHOR OF + ‘PRIMITIVE MANNERS AND CUSTOMS’ ‘CRIMES AND PUNISHMENTS’ ETC. + + [Illustration] + + _‘Homo homini res sacra’_--Seneca + + London + CHATTO & WINDUS, PICCADILLY + 1885 + + [_The right of translation is reserved._] + + + + +PREFACE. + + +In the present volume I have attempted within the limits of the +historical period and of our European civilisation, and without +recognising any hard and fast line between ancient and modern, +Christian and Pagan, to allude, in the places that seemed most +appropriate, to all points in the history of war that appeared to be +either of special interest or of essential importance. As examples +of such points I may refer to the treatment of prisoners of war, or +of surrendered garrisons; the rules about spies and surprises; the +introduction of, and feeling about, new weapons; the meaning of parts +of military dress; the origin of peculiar customs like the old one of +kissing the earth before a charge; the prevalent rules of honour, as +displayed in notions of justice in regard to reprisals, or of fairness +in stratagems and deception. The necessity of observing in so vast a +field the laws of proportion has enforced resort to such condensation, +that on subjects which deserve or possess their tomes upon tomes, I +have in many cases been unable to spend more than a page or a chapter. +It is easier, however, to err on the side of length than of brevity, +but on whichever side I have exceeded, I can only hope that others, who +may feel the same interest with myself in the subject without having +the same time to give to it, may derive a tithe of the pleasure from +reading the following nine chapters that I have found in putting them +together. + +The study, of course, is no new one, but there can be no objection +to calling it by the new name of Bellology--a convenient term, quite +capable of holding its own with Sociology or its congeners. The only +novelty I have aimed at is one of treatment, and consists in never +losing sight of the fact that to all military customs there is a moral +and human side which has been only too generally ignored in this +connection. To read books like Grose’s ‘Military Antiquities,’ one +would think their writers were dealing with the manners, not of men but +of ninepins, so utterly do they divest themselves of all human interest +or moral feeling, in reference to the customs they describe with so +laudable but toneless an accuracy. + +The starting-point of modern bellological studies will, undoubtedly, +always be the Parliamentary Blue Book, containing the reports (less +full than one might wish) of the Military International Conference +that met at Brussels in 1874, to discuss the existing laws and customs +of war, and to consider whether any modification of them were either +possible or desirable. Most of the representatives appointed to attend +by the several Powers were military men, so that we are carried by +their conversation into the actual realities of modern warfare, with +an authority and sense of truth that one is conscious of in no other +military book. It is to be regretted that such a work, instructive as +it is beyond any other on the subject, has never been printed in a +form more popular than its official dress. It was from it that I first +conceived the idea of the following pages, and in the sequel frequent +reference will be made to it, as the source of the most trustworthy +military information we possess, and as certain to be for some time +to come the standard work on all the actual laws and customs of +contemporary warfare. + + + + +CONTENTS. + + + CHAPTER I. + + THE LAWS OF WAR. + + PAGE + + The prohibition of explosive bullets in war 2 + + The importance of the Declaration of St. Petersburg of 1868 3 + + The ultimate triumph of more destructive methods 4 + + Illustrated by history of the crossbow or the musket 5 + + Or of cannons, torpedoes, red-hot shot, or the bayonet 5 + + Numbers slain in modern and earlier warfare 8 + + The laws of war at the Brussels Conference of 1874 10 + + Do the laws of war tend to improve? 13 + + A negative answer suggested from reference 13 + + 1. To the use of poison in war 14 + + 2. To the bombardment of towns 15 + + 3. To the destruction of public buildings 16 + + 4. To the destruction of crops and fruit-trees 16 + + 5. To the murder of prisoners or the wounded 17 + + 6. To the murder of surrendered garrisons 18 + + 7. To the destruction of fishing-boats 19 + + 8. To the disuse of the declaration of war 19 + + 9. To the torture and mutilation of combatants and + non-combatants 20 + + 10. To the custom of contributions 20 + + The futile attempts of Grotius and Vattel to humanise warfare 21 + + The rights of war in the time of Grotius 24 + + The futility of international law with regard to laws of war 26 + + The employment of barbarian troops 26 + + The taking of towns by assault 27 + + The laws of war contrasted with the practice 28 + + War easier to abolish than to humanise 30 + + + CHAPTER II. + + WARFARE IN CHIVALROUS TIMES. + + Delusion about character of war in days of chivalry 32 + + The common slaughter of women and children 33 + + The Earl of Derby’s sack of Poitiers 34 + + The massacres of Grammont and Gravelines 35 + + The old poem of the Vow of the Heron 36 + + The massacre of Limoges by Edward the Black Prince 37 + + The imprisonment of ladies for ransom 38 + + Prisoners of war starved to death 39 + + Or massacred, if no prospect of ransom 41 + + Or blinded or otherwise mutilated 42 + + The meaning of a surrender at discretion 44 + + As illustrated by Edward III. at Calais 44 + + And by several instances in the same and the next century 45 + + The practice of burning in aid of war 47 + + And of destroying sacred buildings 47 + + The practice of poisoning the air 49 + + The use of barbarous weapons 50 + + The influence of religion on war 51 + + The Church in vain on the side of peace 52 + + Curious vows of the knights 54 + + The slight personal danger incurred in war by them 54 + + The explanation of their magnificent costume 55 + + Field sports in war-time 56 + + The desire of gain the chief motive of war 57 + + The identity of soldiers and brigands 57 + + The career and character of the Black Prince 59 + + The place of money in the history of chivalry 61 + + Its influence as a war-motive between England and France 62 + + General low character of chivalrous warfare 64 + + + CHAPTER III. + + NAVAL WARFARE. + + Robbery the first object of maritime warfare 66 + + The piratical origin of European navies 67 + + Merciless character of wars at sea 69 + + Fortunes made by privateering in England 71 + + Privateers commissioned by the State 72 + + Privateers defended by the publicists 73 + + Distinction between privateering and piracy 73 + + Failure of the State to regulate privateering 74 + + Privateering condemned by Lord Nelson 77 + + Privateering abolished by the declaration of Paris in 1856 78 + + Modern feeling against seizure of private property at sea 79 + + Naval warfare in days of wooden ships 80 + + Unlawful methods of maritime war 81 + + The Emperor Leo VI.’s ‘Treatise on Tactics’ 83 + + The use of fire-ships 84 + + Death the penalty for serving in fire-ships 85 + + Torpedoes originally regarded as ‘bad’ war 85 + + English and French doctrine of rights of neutrals 86 + + Enemy’s property under neutral flag secured by Treaty of Paris 87 + + Shortcomings of the Treaty of Paris with regard to-- + + 1. A definition of what is contraband 88 + + 2. The right of search of vessels under convoy 88 + + 3. The practice of Embargoes 89 + + 4. The _Jus Angariæ_ 90 + + The International Marine Code of the future 91 + + + CHAPTER IV. + + MILITARY REPRISALS. + + International law on legitimate reprisals 93 + + The Brussels Conference on the subject 95 + + Illustrations of barbarous reprisals 97 + + Instances of non-retaliation 98 + + Savage reprisals in days of chivalry 100 + + Hanging the commonest reprisals for a brave defence 101 + + As illustrated by the warfare of the fifteenth century 102 + + Survival of the custom to our own times 104 + + The massacre of a conquered garrison still a law of war 105 + + The shelling of Strasburg by the Germans 106 + + Brutal warfare of Alexander the Great 107 + + The connection between bravery and cruelty 110 + + The abolition of slavery in its effects on war 112 + + The storming of Magdeburg, Brescia, and Rome 112 + + Cicero on Roman warfare 114 + + The reprisals of the Germans in France in 1870 115 + + Their revival of the custom of taking hostages 117 + + Their resort to robbery as a plea of reprisals 118 + + General Von Moltke on perpetual peace 119 + + The moral responsibility of the military profession 121 + + The Press as a potent cause of war 122 + + Plea for the abolition of demands for unconditional surrender 123 + + Such as led to the bombardment of Alexandria in 1882 123 + + + CHAPTER V. + + MILITARY STRATAGEMS. + + Grotius’ theory of fair stratagems 126 + + The teaching of international law 127 + + Ancient and modern naval stratagems 127 + + Early Roman dislike of such stratagems 132 + + As ambuscades, feigned retreats, or night attacks 132 + + The degenerate standard of Frontinus and Polyænus 135 + + The Conference stratagem of modern Europe 136 + + The distinction between perfidy and stratagem 139 + + The perfidy of Francis I. 140 + + Vattel’s theory about spies 141 + + Frederick the Great’s military instructions about spies 142 + + Lord Wolseley on spies and truth in war 144 + + The custom of hanging or shooting spies 145 + + Better to keep them as prisoners of war 146 + + Balloonists regarded as spies 147 + + The practice of military surprises 148 + + Death formerly the penalty for capture in a surprise 150 + + Stratagems of uncertain character 151 + + Such as forged despatches or false intelligence 151 + + The use of the telegraph in deceiving the enemy 151 + + May prisoners of war be compelled to propagate lies? 152 + + General character of the military code of fraud 153 + + + CHAPTER VI. + + BARBARIAN WARFARE. + + Variable notions of honour 156 + + Primitive ideas of a military life 156 + + What is civilised warfare? 158 + + Advanced laws of war among several savage tribes 159 + + Symbols of peace among savages 161 + + The Samoan form of surrender 162 + + Treaties of peace among savages 162 + + Abeyance of laws of war in hostilities with savages 163 + + Zulus blown up in caves with gun-cotton 165 + + Women and men kidnapped for transport service on the Gold Coast 166 + + Humane intentions of the Spaniards in the New World 167 + + Contrasted with the inhumanity of their actions 167 + + Wars with natives of English and French in America 170 + + High rewards offered for scalps 171 + + The use of bloodhounds in war 171 + + The use of poison and infected clothes 172 + + Penn’s treaty with the Indians 173 + + How Missionaries come to be a cause of war 176 + + Explanation of the failure of modern missions 178 + + The mission stations as centres of hostile intrigues 179 + + Plea for the State-regulation of missions 181 + + Depopulation under Protestant influences 181 + + The prevention of false rumours--_Tendenzlügen_ 182 + + Civilised and barbarian warfare 183 + + No real distinction between them 184 + + + CHAPTER VII. + + WAR AND CHRISTIANITY. + + The war question at the time of the Reformation 185 + + The remonstrances of Erasmus against the custom 186 + + Influence of Grotius on the side of war 187 + + The war question in the early Church 188 + + The Fathers against the lawfulness of war 190 + + Causes of the changed views of the Church 192 + + The clergy as active combatants for over a thousand years 193 + + Fighting bishops 193 + + Bravery in war and ecclesiastical preferment 196 + + Pope Julius II. at the siege of Mirandola 197 + + The last fighting bishop 197 + + Origin and meaning of the declaration of war 198 + + Superstition in the naming of weapons, ships, &c. 200 + + The custom of kissing the earth before a charge 201 + + Connection between religious and military ideas 202 + + The Church as a pacific agency 204 + + Her efforts to set limits to reprisals 207 + + The altered attitude of the modern Church 208 + + Early Reformers only sanctioned _just_ wars 208 + + Voltaire’s reproach against the Church 210 + + Canon Mozley’s sermon on war 212 + + The answer to his apology 214 + + + CHAPTER VIII. + + CURIOSITIES OF MILITARY DISCIPLINE. + + Increased severity of discipline 218 + + Limitation of the right of matrimony 219 + + Compulsory Church parade and its origin 219 + + Atrocious military punishments 221 + + Reasons for the military love of red 223 + + The origin of bear-skin hats 223 + + Different qualities of bravery 225 + + Historical fears for the extinction of courage 225 + + The conquests of the cause of Peace 227 + + Causes of the unpopularity of military service 228 + + The dulness of life in the ranks 228 + + The prevalence of desertion 230 + + Articles of war against Malingering 231 + + Military artificial ophthalmia 233 + + The debasing influence of discipline 234 + + Illustrated from the old flogging system 235 + + The discipline of the Peninsular army 236 + + Attempts to make the service more popular 239 + + By raising the private’s wages 239 + + By shortening his term of service 240 + + The old recruiting system of France and Germany 241 + + The conscription imminent in England 242 + + The question of military service for women 242 + + The probable results of the conscription 243 + + Militarism answerable for Socialism 246 + + + CHAPTER IX. + + THE LIMITS OF MILITARY DUTIES. + + The old feeling of the moral stain of bloodshed 250 + + Military purificatory customs 250 + + Modern change of feeling about warfare 252 + + Descartes on the profession of arms 254 + + The old-world sentiment in favour of piracy 255 + + The central question of military ethics 257 + + May a soldier be indifferent to the cause of war? 257 + + The right to serve made conditional on a good cause 258 + + By St. Augustine, Bullinger, Grotius, and Sir James Turner 258 + + Old Greek feeling about mercenary service 260 + + Origin of our mercenary as opposed to gratuitous service 260 + + Armies raised by military contractors 261 + + The value of the distinction between foreign and native + mercenaries 262 + + Original limitation of military duty 264 + + To the actual defence of the realm 264 + + Extension of the notion of allegiance 265 + + The connection of the military oath with the first Mutiny Act 265 + + Recognised limits to the claims on a soldier’s obedience 266 + + The falsity of the common doctrine of duty 266 + + Illustrated by the devastation of the Palatinate by the French 267 + + And by the bombardment of Copenhagen by the English 268 + + The example of Admiral Keppel 270 + + Justice between nations 271 + + Its observation in ancient India and Rome 271 + + St. Augustine and Bayard on justice in war 273 + + Grotius on good grounds of war 273 + + The military claim to exemption from moral responsibility 276 + + The soldier’s first duty to his conscience 279 + + The admission of this principle involves the end of war 280 + + + + +MILITARY MANNERS AND CUSTOMS. + + + + +CHAPTER I. + +THE LAWS OF WAR. + + _Ce sont des lois de la guerre. Il faut estre bien cruel bien + souvent pour venir au bout de son ennemi; Dieu doit estre + bien miséricordieux en nostre endroict, qui faisons tant de + maux._--MARSHAL MONTLUC. + + The prohibition of explosive bullets in war--The importance of the + Declaration of St. Petersburg of 1868--The ultimate triumph of + more destructive methods--Illustrated by history of the cross-bow + or the musket; or of cannons, torpedoes, red-hot shot, or the + bayonet--Numbers slain in modern and earlier warfare--The laws of + war at the Brussels Conference of 1874--Do the laws of war tend to + improve?--A negative answer suggested from reference: (1) to the + use of poison in war; (2) to the bombardment of towns; (3) to the + destruction of public buildings; (4) to the destruction of crops + and fruit trees; (5) to the murder of prisoners or the wounded; (6) + to the murder of surrendered garrisons; (7) to the destruction of + fishing boats; (8) to the disuse of the declaration of war; (9) to + the torture and mutilation of combatants and non-combatants; (10) + to the custom of contributions--The futile attempts of Grotius + and Vattel to humanise warfare--The rights of war in the time of + Grotius--The futility of international law with regard to laws of + war--The employment of barbarian troops--The taking of towns by + assault--The laws of war contrasted with the practice--War easier + to abolish than to humanise. + + +It is impossible to head a chapter ‘The Laws of War’ without thinking +of that famous chapter on Iceland headed ‘The Snakes of Iceland,’ +wherein the writer simply informed his readers that there were none in +the country. ‘The laws of war’ make one think of the snakes of Iceland. + +Nevertheless, a summary denial of their existence would deprive the +history of the battle-field of one of its most interesting features; +for there is surely nothing more surprising to an impartial observer of +military manners and customs than to find that even in so just a cause +as the defence of your own country limitations should be set to the +right of injuring your aggressor in any manner you can. + +What, for instance, can be more obvious in such a case than that no +suffering you can inflict is needless which is most likely permanently +to disable your adversary? Yet, by virtue of the International +Declaration of St. Petersburg, in 1868, you may not use explosive +bullets against him, because it is held that they would cause him +needless suffering. By the logic of war, what can be clearer than that, +if the explosive bullet deals worse wounds, and therefore inflicts +death more readily than other destructive agencies, it should be +used? or else that those too should be excluded from the rules of the +game--which might end in putting a stop to the game altogether? + +The history of the explosive bullet is worth recalling, for its +prohibition is a straw to clutch at in these days of military revival. +Like the plague, and perhaps gunpowder, it had an Eastern origin. It +was used originally in India against elephants and tigers. In 1863 it +was introduced into the Russian army, and subsequently into other +European armies, for use against ammunition-waggons. But it was not +till 1867 that a slight modification in its construction rendered it +available for the destruction of mankind. The world owes it to the +humanity of the Russian Minister of War, General Milutine, that at this +point a pause was made; and as the Czar, Alexander II., was no less +humane than his minister, the result was the famous Declaration, signed +in 1868 by all the chief Powers (save the United States), mutually +foregoing in their future wars by land or sea the use of projectiles +weighing less than 400 grammes (to save their use for artillery), +either explosive or filled with inflammable substances. The Court of +Berlin wished at the time for some other destructive contrivances to be +equally excluded, but the English Government was afraid to go further; +as if requiring breathing time after so immense an effort to diminish +human suffering, before proceeding in so perilous a direction. + +The Declaration of St. Petersburg, inasmuch as it is capable of +indefinite expansion, is a somewhat awkward precedent for those who +in their hearts love war and shield its continuance with apologetic +platitudes. How, they ask, can you enforce agreements between nations? +But this argument begins to totter when we remember that there is +absolutely no superior power or tribunal in existence which can enforce +the observance of the St. Petersburg Declaration beyond the conscience +of the signatory Powers. It follows, therefore, that if international +agreements are of value, there is no need to stop short at this or that +bullet: which makes the arbitration-tribunal loom in the distance +perceptibly nearer than it did before. + +At first sight, this agreement excluding the use of explosive bullets +would seem to favour the theory of those who see in every increase in +the peril of war the best hope of its ultimate cessation. A famous +American statesman is reported to have said, and actually to have +appealed to the invention of gunpowder in support of his statement, +that every discovery in the art of war has, from this point of view, +a life-saving and peace-promoting influence.[1] But it is difficult +to conceive a greater delusion. The whole history of war is against +it; for what has that history been but the steady increase of the +pains and perils of war, as more effective weapons of destruction have +succeeded one another? The delusion cannot be better dispelled than by +consideration of the facts that follow. + +It has often seemed as if humanity were about to get the better of +the logical tendency of the military art. The Lateran Council of 1139 +(a sort of European congress in its day) not only condemned Arnold of +Brescia to be burnt for heresy, but anathematised the cross-bow for its +inhumanity. It forbade its use in Christian warfare as alike hateful to +God and destructive of mankind.[2] Several brave princes disdained to +employ cross-bow shooters, and Innocent III. confirmed the prohibition +on the ground that it was not fair to inflict on an enemy more than the +least possible injury.[3] The long-bow consequently came into greater +use. But Richard I., in spite of Popes or Councils or Chivalry, revived +the use of the cross-bow in Europe; nor, though his death by one +himself was regarded as a judgment from Heaven, did its use from that +time decline till the arquebus and then the musket took its place. + +Cannons and bombs were at first called diabolical, because they +suggested the malice of the enemy of mankind, or serpentines, because +they seemed worse than the poison of serpents.[4] But even cannons were +at first only used against fortified walls, and there is a tradition +of the first occasion when they were directed against men.[5] And +torpedoes, now used without scruple, were called infamous and infernal +when, under the name of American Turtles, they were first tried by the +American Colonies against the ships of their mother country. + +In the sixteenth century, that knight ‘without fear or reproach,’ the +Chevalier Bayard, ordered all musketeers who fell into his hands to +be slain without mercy, because he held the introduction of fire-arms +to be an unfair innovation on the rules of lawful war. So red-hot +shot (or balls made red hot before insertion in the cannon) were at +first objected to, or only considered fair for purposes of defence, +not of attack. Yet, what do we find?--that Louis XIV. fired some +12,000 of them into Brussels in 1694; that the Austrians fired them +into Lille in 1792; and that the English batteries fired them at the +ships in Sebastopol harbour, which formed part of the Russian defences. +Chain-shot and bar-shot were also disapproved of at first, or excluded +from use by conventions applying only to particular wars; now there +exists no agreement precluding their use, for they soon became common +in battles at sea. + +The invention of the bayonet supplies another illustration. The +accounts of its origin are little better than legends: that it was +invented so long ago as 1323 by a woman of Bayonne in defence of the +ramparts of that city against the English; or by Puséygur, of Bayonne, +about 1650; or borrowed by the Dutch from the natives of Madagascar; +or connected with a place called the Redoute de la Baïonnette in the +Eastern Pyrenees, where the Basques, having exhausted their ammunition +against the Spaniards, are said to have inserted their knives into +the muzzles of their guns. But it is certain that as soon as the idea +was perfected by fixing the blade by rings outside the muzzle (in +the latter quarter of the seventeenth century), battles became more +murderous than ever, though the destruction of infantry by cavalry +was diminished. The battle of Neerwinden in 1693, in which the French +general, Luxembourg, defeated the Prince of Orange, is said to have +been the first battle that was decided by a charge with a bayonet, and +the losses were enormous on both sides.[6] + +History, in fact, is full of such cases, in which the victory has +uniformly lain ultimately with the legitimacy of the weapon or method +that was at first rejected as inhumane. For the moment, the law of +nations forbids the use of certain methods of destruction, such as +bullets filled with glass or nails, or chemical compounds like kakodyl, +which could convert in a moment the atmosphere round an army into one +of deadly poison;[7] yet we have nothing like certainty--we have not +even historical probability--that these forbidden means, or worse +means, will not be resorted to in the wars of the future, or that +reluctance to meet such forms of death will in the least degree affect +either their frequency or their duration. + +It is easy to explain this law of history. The soldier’s courage, as he +faces the mitrailleuse with the same indifference with which he would +face snow-balls or bread-pellets, is a miracle of which discipline is +the simple explanation; for whether the soldier be hired or coerced to +face death, it is all one to him against what kind of bullet he rushes, +so long as discipline remains--as Helvetius the French philosopher +once defined it, the art of making soldiers more afraid of their own +officers than of their enemy.[8] To Clearchus, the Lacedæmonian, is +attributed the saying that a soldier should always fear his own general +more than the enemy: a mental state easily produced in every system of +military mechanism. Whatever form of death be in front of a man, it +is less certain than that in his rear. The Ashantees as they march +to battle sing a song which is the soldier’s philosophy all the world +over: ‘If I go on, I shall die; if I stay behind I shall be killed; it +is better to go on.’[9] + +How often is it said, in extenuation of modern warfare, that it is +infinitely less destructive than that of ancient or even mediæval +times; and that the actual loss of life in battle has not kept pace +with the development of new and more effective life-taking implements! +Yet it is difficult to imagine a stranger paradox, or a proposition +that, if true, would reflect greater descredit on our mechanical +science. If our Gatling guns, or Nordenfeldt 5-barrels capable of +firing 600 rounds a minute, are less effective to destroy an enemy than +all the paraphernalia of a mediæval army, why not in that case return +to weapons that by the hypothesis better fulfilled the purposes of war? +This question is a _reductio ad absurdum_ of this soothing delusion; +but as a matter of fact, there is no comparison in destructiveness +between our modern warfare and that of our ancestors. The apparent +difference in our favour arises from a practice alluded to by Philip +de Commines, which throws a flood of light upon the subject: ‘There +were slain in this battle about 6,000 men, which, to people that are +unwilling to lie, may seem very much; but in my time I have been in +several actions, where for one man that was really slain they have +reported a hundred, thinking by such an account to please their +masters; and they sometimes deceive them with their lies.’ That is to +say, as a rule the number of the slain should be divided by a hundred. + +This remark applies even to battles like Crecy or Agincourt, where the +numbers slain were unusually high, and where they are said to have been +accurately ascertained by counting after the victory. When Froissart on +such authority quotes 1,291 as the total number of warriors of knightly +or higher rank slain at Crecy, it is possible of course that he is not +the victim of deception; but what of the 30,000 common soldiers for +whose death he also vouches? A monk of St. Albans, also a contemporary, +speaks only of an unknown number (_et vulgus cujus numerus ignoratur_); +which in the account of the Abbot Hugo was put definitely at more than +100,000. It is evident from this that the greatest laxity prevailed +in reference to chronicling the numbers of the slain; so that if we +take 3,000 instead of 30,000 as the sum total of common soldiers slain +at Crecy, it is probable that we shall be nearer the truth than if we +implicitly accept Froissart’s statement. + +The same scepticism will of course hold good of the battles of the +ancient world. Is it likely, for instance, that in a battle in which +the Romans are said only to have lost 100 men, the Macedonians should +have lost 20,000?[10] Or again, is it possible, considering the +difficulty of the commissariat of a large army, even in our own days +of trains and telegraphs and improved agriculture, that Marius in one +battle can have slain 200,000 Teutons, and taken 90,000 prisoners? +But whilst no conclusion is possible but that the figures of the older +histories are altogether too untrustworthy to afford any basis for +comparison, the calculation rests on something more like fair evidence, +that in the fortnight between August 4, 1870, the date of the battle +of Wissembourg, and August 18, that of Gravelotte, including the +battles of Woerth and Forbach on August 6, of Courcelles on the 14th, +and of Vionville on the 16th more than 100,000 French and Germans +met their death on the battle-field, to say nothing of those who +perished afterwards in agonies in the hospitals. Recent wars have been +undoubtedly shorter than they often were in olden times, but their +brevity is founded on no reason that can ensure its recurrence: nor, if +100,000 are to be miserably cast out of existence, is the gain so very +great, if the task, instead of being spread over a number of years, +requires only a fortnight for its accomplishment. + +For the nearest approach to a statement of what the laws of war in our +own time really are, we must turn to the Brussels Conference, which +met in 1874 at the summons of the same great Russian to whom the world +owes the St. Petersburg Declaration, and which constituted a genuine +attempt to mitigate the evils of war by an international agreement and +definition of their limits. The idea of such a plan was originally +suggested by the Instructions published in 1863 by President Lincoln +for the government of the armies of the United States in the civil +war.[11] The project for such an international agreement, originally +submitted by the Russian Government for discussion, was very much +modified before even a compromise of opinion could be arrived at on +the several points it contained. And the project so modified, as a +preliminary basis for future agreement, owing to the timid refusal +of the English Government to take further part in the matter, never, +unfortunately, reached its final stage of a definite code;[12] but it +remains nevertheless the most authoritative utterance extant of the +laws generally thought to be binding in modern warfare on the practices +and passions of the combatants. The following articles from the project +as finally modified are undoubtedly the most important:-- + +_Art. 12._ The laws of war do not allow to belligerents an unlimited +power as to the choice of means of injuring the enemy. + +_Art. 13._ According to this principle are strictly forbidden-- + + _a._ The use of poison or poisoned weapons. + + _b._ Murder by treachery of individuals belonging to the hostile + nation or army. + + _c._ Murder of an antagonist who, having laid down his arms, or having + no longer the means of defending himself, has surrendered at + discretion. + + _d._ The declaration that no quarter will be given. + + + _e._ The use of arms, projectiles, or substances which may cause + unnecessary suffering, as well as of those prohibited by the + Declaration of St. Petersburg in 1868. + + _f._ Abuse of the flag of truce, the national flag, or the military + insignia or uniform of the enemy, as well as the distinctive badges + of the Geneva Convention. + + _g._ All destruction or seizure of the enemy’s property which is not + imperatively required by the necessity of war. + +_Art. 15._ Fortified places are alone liable to be besieged. Towns, +agglomerations of houses or villages which are open or undefended, +cannot be attacked or bombarded. + +_Art. 17._ ... All necessary steps should be taken to spare as far as +possible buildings devoted to religion, arts, sciences, and charity, +hospitals and places where sick and wounded are collected, on condition +that they are not used at the same time for military purposes. + +_Art. 18._ A town taken by storm shall not be given up to the +victorious troops for plunder. + +_Art. 23._ Prisoners of war ... should be treated with humanity.... All +their personal effects except their arms are to be considered their own +property. + +_Arts. 36, 37._ The population of an occupied territory cannot be +compelled to take part in military operations against their own +country, nor to swear allegiance to the enemy’s power. + +_Art. 38._ The honour and rights of the family, the life and property +of individuals, as well as their religious convictions and the exercise +of their religion, should be respected. + +Private property cannot be confiscated. + +_Art. 39._ Pillage is expressly forbidden. + +There is at first sight a pleasing ring of humanity in all this, +though, as yet, it only represents the better military spirit, which is +always far in advance of actual military practice. In the monotonous +history of war there are always commanders who wage it with less +ferocity than others, and writers who plead for the mitigation of +its cruelties. As in modern history a Marlborough, a Wellington, or +a Villars forms a pleasant contrast to a Feuquières, a Belleisle, or +a Blücher, so in ancient history a Marcellus or a Lucullus helps us +to forget a Marius or an Alexander; and the sentiments of a Cicero or +Tacitus were as far in advance of their time as those of a Grotius or +Vattel were of theirs. According to the accident of the existence of +such men, the laws of war fluctuate from age to age; but, the question +arises, Do they become perceptibly milder? do they ever permanently +improve? + +It will be said that they do, because it will be said that they have; +and that the annals of modern wars present nothing to resemble the +atrocities that may be collected from ancient or mediæval history. Yet +such statements carry no conviction. Deterioration seems as likely as +improvement; and unless the custom is checked altogether, the wars of +the twentieth century may be expected to exceed in barbarity anything +of which we have any conception. A very brief inquiry will suffice to +dispel the common assurances of improvement and progress. + +Poison is forbidden in war, says the Berlin Conference; but so it +always was, even in the Institutes of Menu, and with perhaps less +difference of opinion in ancient than in modern times. Grotius and +Vattel and most of their followers disallow it, but two publicists +of grave authority defend it, Bynkershoeck and Wolff. The latter +published his ‘Jus Gentium’ as late as 1749, and his argument is worth +translating, since it can only be met by arguments which equally apply +to other modes of military slaughter. ‘Naturally it is lawful to kill +an enemy by poison; for as long as he is our enemy, he resists the +reparation of our right, so that we may exercise against his person +whatever suffices to avert his power from ourselves or our possessions. +Therefore it is not unfair to get rid of him. But, since it comes to +the same thing whether you get rid of him by the sword or by poison +(which is self-evident, because in either case you get rid of him, and +he can no longer resist or injure you), it is naturally lawful to kill +an enemy by poison.’ And so, he argues with equal force, of poisoned +weapons.[13] That poison is not in use in our day we do not therefore +owe to our international lawyers, but to the accident of tradition. In +Roman history the theory appears to have been unanimous against it. +‘Such conduct,’ says the Roman writer Florus of a general who poisoned +some springs in order to bring some cities in Asia to a speedier +surrender, ‘although it hastened his victory, rendered it infamous, +since it was done not only against divine law, but against ancestral +customs.’[14] Our statesman Fox refused indignantly to avail himself +of an offer to poison Napoleon, but so did the Roman consuls refuse a +similar proposal with regard to Pyrrhus; and Tiberius and the Roman +senate replied to a plan for poisoning Arminius, that the Roman people +punished their enemies not by fraud or in secret, but openly and in +arms. + +The history of bombarding towns affords an instance of something +like actual deterioration in the usages of modern warfare. Regular +and simple bombardment, that is, of a town indiscriminately and not +merely its fortresses, has now become the established practice. Yet, +what did Vattel say in the middle of the last century? ‘At present we +generally content ourselves with battering the ramparts and defences of +a place. To destroy a town with bombs and red-hot balls is an extremity +to which we do not proceed without cogent reasons.’ What said Vauban +still earlier? ‘The fire must be directed simply at the defences and +batteries of a place ... and not against the houses.’ Then what of the +English bombardment of Copenhagen in 1807, when the cathedral and some +300 houses were destroyed; what of the German bombardment of Strasburg +in 1870, where rifled mortars were used for the first time,[15] and the +famous library and picture gallery destroyed; and what lastly of the +German bombardment of Paris, about which, strangely enough, even the +military conscience of the Germans was struck, so that in the highest +circles doubts about the propriety of such a proceeding at one time +prevailed from a moral no less than from a military point of view?[16] + +With respect again to sacred or public buildings, warfare tends to +become increasingly destructive. It was the rule in Greek warfare to +spare sacred buildings, and the Romans frequently spared sacred and +other buildings, as Marcellus, for instance, at Syracuse.[17] Yet when +the French ravaged the Palatinate in 1689 they not only set fire to the +cathedrals, but sacked the tombs of the ancient Emperors at Spiers. +Frederick II. destroyed some of the finest buildings at Dresden and +Prague. In 1814 the English forces destroyed the Capitol at Washington, +the President’s house, and other public buildings;[18] and in 1815 the +Prussian general, Blücher, was with difficulty restrained from blowing +up the Bridge of Jena at Paris and the Pillar of Austerlitz. Military +men have always the excuse of reprisals or accident for these acts of +Vandalism. Yet Vattel had said (in language which but repeated the +language of Polybius and Cicero): ‘We ought to spare those edifices +which do honour to human society, and do not contribute to the enemy’s +strength, such as temples, tombs, public buildings, and all works of +remarkable beauty.’ + +Of as little avail has been the same writer’s observation that those +who tear up vines and cut down fruit trees are to be looked upon +as savage. The Fijian islanders were barbarians enough, but even +they used as a rule to spare their enemies’ fruit trees; so did the +ancient Indians; and the Koran forbids the wanton destruction of fruit +trees, palm trees, corn and cattle. Then what shall we think of the +armies of Louis XIV. in the Palatinate not only burning castles, +country-houses, and villages, but ruthlessly destroying crops, vines, +and fruit trees?[19] or of the Prussian warrior, Blücher, destroying +the ornamental trees at Paris in 1815? + +It is said that the Germans refused to let the women and children leave +Strasburg before they began to bombard it in 1870.[20] Yet Vattel +himself tells us how Titus, at the siege of Jerusalem, suffered the +women and children to depart, and how Henri IV., besieging Paris, had +the humanity to let them pass through his lines. + +It was in a campaign of this century, 1815, that General Roquet +collected the French officers, and bade them tell the grenadiers that +the first man who should bring him in a Prussian prisoner should be +shot; and it was in reprisals for this that a few days later the +Prussians killed the French wounded at Genappe.[21] + +Grotius, after quoting the fact that a decree of the Amphictyons +forbade the destruction of any Greek city in war, asserts the existence +of a stronger bond between the nations of Christendom than between +the states of ancient Greece. And then we remember how the Prussians +bombarded the Danish town of Sönderborg, and almost utterly destroyed +it, though it lay beyond the possibility of their possession; and we +think of Peronne in France reduced to ruins, with the greater part of +its fine cathedral, in 1870; and of the German shells directed against +the French fire-engines that endeavoured to save the Strasburg Library +from the flames that consumed it; and we wonder that so great a jurist +could have been capable of so grievous a delusion. + +To murder a garrison that had made an obstinate defence, or in order +to terrorise others from doing the same, was a right of modern war +disputed by Grotius, but admitted by Vattel not to be totally exploded +a century later. Yet they both quote cases which prove that to murder +enemies who had made a gallant defence was regarded in ancient times as +a violation of the laws of war. + +To murder enemies who had surrendered was as contrary to Greek or +Roman as it ever was to Christian warfare. The general Greek and +Roman practice was to allow quarter to an enemy who surrendered, and +to redeem or exchange their prisoners.[22] There was indeed, by the +laws of war, a right to slay or enslave them, and though both rights +were sometimes exercised with great barbarity, the extent to which the +former right was exercised has been very much exaggerated. Otherwise, +why should Diodorus Siculus, in the century preceding our era, have +spoken of mercy to prisoners as the common law (τὰ κοινὰ νόμιμα), and +of the violation of such law as an act of exceptional barbarity?[23] +It may be fairly doubted whether the French prisoners in the English +hulks during the war with Napoleon suffered less than the Athenian +prisoners in the mines of Syracuse; and as to quarter, what of the +French volunteers or Franc-tireurs who in 1870 fell into the hands of +the Germans, or of the French peasants, who, though levied and armed +by the local authorities under the proclamation of Napoleon, were, if +taken, put to death by the Allies in 1814? + +Some other illustrations tend further to show that there is no real +progress in war, and that many of the fancied mitigations of it are +merely accidental and ephemeral features. + +The French and English in olden time used to spare one another’s +fishing boats and their crews. ‘Fishermen,’ said Froissart, ‘though +there may be war between France and England, never injure one another; +they remain friends, and assist each other in case of need, and buy +and sell their fish whenever one has a larger quantity than the other, +for if they were to fight we should have no fresh fish.’[24] Yet in +the Crimean war, the English fleets in the Baltic seized or burnt the +fishing boats of the Finns, and destroyed the cargoes of fish on which, +having been salted in the summer months, they were dependent for their +subsistence during the winter.[25] + +Polybius informs us that the Œtolians were regarded as the common +outlaws of Greece, because they did not scruple to make war without +declaring it. Invasions of that sort were regarded as robberies, not +as lawful wars. Yet declarations of war may now be dispensed with, the +first precedent for doing so having been set by Gustavus Adolphus. + +Gustavus Adolphus, in 1627, issued some humane Articles of War, which +forbade, among other things, injuries to old men, women, and children. +Yet within a few years the Swedish soldiery, like other troops of their +time, made the gratuitous torture and mutilation of combatants or +non-combatants a common episode of their military proceedings.[26] + +When Henry V. of England invaded France, early in the fifteenth +century, he forbade in his General Orders the wanton injury of +property, insults to women, or gratuitous bloodshed. Yet four centuries +later the character of war had so little changed that we find the Duke +of Wellington, when invading the same country, lamenting in a General +Order that, ‘according to all the information which the Commander +of the Forces had received, outrages of all descriptions’ had been +committed by his troops, ‘in presence even of their officers, who took +no pains whatever to prevent them.’[27] + +The French complain that their last war with Germany was not war, +but robbery; as if pillage and war had ever been distinct in fact +or were distinguishable in thought. There appears to have been very +little limit to the robbery that was committed under the name of +contributions; yet Vattel tells us that, though in his time the +practice had died out, the belligerent sovereigns, in the wars of Louis +XIV., used to regulate by treaty the extent of hostile territory in +which each might levy contributions, together with the amount which +might be levied, and the manner in which the levying parties were to +conduct themselves.[28] + +Is it not proved then by the above facts, that the laws of war +rather fluctuate from age to age within somewhat narrow limits than +permanently improve, and that they are apt to lose in one direction +whatever they gain in another? Humanity in warfare now, as in +antiquity, remains the exception, not the rule; and may be found now, +as at all times, in books or in the finer imaginations of a few, far +more often than in the real life of the battle-field. The plea of +shortening the horrors of war is always the plea for carrying them to +an extreme; as by Louvois for devastating the Palatinate, or by Suchet, +the French general, for driving the helpless women and children into +the citadel of Lerida, and for then shelling them all night with the +humane object of bringing the governor to a speedier surrender.[29] + +Writers on the Law of Nations have in fact led us into a Fool’s +Paradise about war (which has done more than anything else to keep +the custom in existence), by representing it as something quite mild +and almost refined in modern times. Vattel, the Swiss jurist, set the +example. He published his work on the rights of nations two years +after the Seven Years’ War had begun, and he speaks of the European +nations in his time as waging their wars ‘with great moderation and +generosity,’ the very year before Marshal Belleisle gave orders to +make Westphalia a desert. Vattel too it was who first appealed to the +amenities that occasionally interrupt hostilities in support of his +theory of the generosity of modern warfare. + +But what after all does it come to, if rival generals address each +other in terms of civility or interchange acceptable gifts? At +Sebastopol, the English Sir Edmond Lyons sent the Russian Admiral +Machinoff the present of a fat buck, the latter acknowledging the +compliment with the return of a hard Dutch cheese. At Gibraltar, when +the men of Elliot’s garrison were suffering severely from scurvy, +Crillon sent them a cartload of carrots. These things have always +occurred even in the fiercest times of military barbarism. At the +siege of Orleans (1429) the Earl of Suffolk sent the French commander +Dunois a present of dessert, consisting of figs, dates, and raisins; +and Dunois in return sent Suffolk some fur for his cloak; yet there was +little limit in those days to the ferocity shown in war by the French +and English to one another. A ransom was extorted even for the bodies +of the slain. The occasional gleams of humanity in the history of war +count for nothing in the general picture of its savagery. + +The jurists in this way have helped to give a totally false colour to +the real nature of war; and scarcely a day passes in a modern campaign +that does not give the lie to the rules laid down in the ponderous +tomes of the international-law writers. It is said that Gustavus +Adolphus always had with him in camp a copy of ‘Grotius,’ as Alexander +is said to have slept over Homer. The improbability of finding a copy +of ‘Grotius’ in a modern camp may be taken as an illustration of the +neglect that has long since fallen on the restraints with which our +publicists have sought to fetter our generals, and of the futility of +all such endeavours. + +All honour to Grotius for having sought to make warfare a few degrees +less atrocious than he found it; but let us not therefore deceive +ourselves into an extravagant belief in the efficacy of his labours. +Kant, who lived later, and had the same problem to face, cherished no +such delusion as to the possibility of humanising warfare, but went +straight to the point of trying to stop it altogether; and Kant was in +every point the better reasoner. Either would doubtless have regarded +the other’s reasoning on the subject as Utopian; but which with the +better reason? + +Grotius took the course of first stating what the extreme rights of +war were, as proved by precedent and usage, and of then pleading for +their mitigation on the ground of religion and humanity. In either case +he appealed to precedent, and only set the better against the worse; +leaving thereby the rights of war in utter confusion, and quite devoid +of any principle of measurement. + +Let us take as an illustration of his method the question of the +slaughter of women and children. This he began with admitting to be +a strict right of war. Profane history supplied him with several +instances of such massacres, and so more especially did Biblical +history. He refrained, he expressly tells us, from adducing the slaying +of the women and children of Heshbon by the Hebrews, or the command +given to them to deal in the same way with the people of Canaan, for +these were the works of God, whose rights over mankind were far greater +than those of man over beasts. He preferred, as coming nearer to the +practice of his own time, the testimony of that verse in the Psalms +which says, ‘Blessed shall he be who shall dash thy children against a +stone.’ Subsequently he withdrew this right of war, by reference to the +better precedents of ancient times. It does not appear to have occurred +to him that the precedents of history, if we go to them for our rules +of war, will prove anything, according to the character of the actions +we select. Camillus (in Livy) speaks of childhood as inviolable even +in stormed cities; the Emperor Severus, on the other hand, ordered his +soldiers to put all persons in Britain to the sword indiscriminately, +and in his turn appealed to precedent, the order, namely, of Agamemnon, +that of the Trojans not even children in their mothers’ womb should +be spared from destruction. The children of Israel were forbidden in +their wars to cut down fruit trees; yet when they warred against the +Moabites, ‘they stopped all the wells of water and felled all the good +trees.’ It was only possible in this way to distinguish the better +custom from the worse, not the right from the wrong; either being +equally justifiable on a mere appeal to historical instances. + +The rules of war which prevailed in the time of Grotius--the early +time of the Thirty Years’ War--may be briefly summarised from his work +as follows. The rights of war extended to _all_ persons within the +hostile boundaries, the declaration of war being essentially directed +against every individual of a belligerent nation. Any person of a +hostile nation, therefore, might be slain wherever found, provided it +were not on neutral territory. Women and children might be lawfully +slain (as it will be shown that they were also liable to be in the +best days of chivalry); and so might prisoners of war, suppliants for +their lives, or those who surrendered unconditionally. It was lawful +to assassinate an enemy, provided it involved no violation of a tacit +or express agreement; but it was unlawful to use poison in any form, +though fountains, if not poisoned, might be made undrinkable. Anything +belonging to an enemy might be destroyed: his crops, his houses, his +flocks, his trees, even his sacred edifices, or his places of burial. + +That these extreme rights of war were literally enforced in the +seventeenth century admits of no doubt; nor if any of them have at all +been mitigated, can we attribute it so much to the humane attempt of +Grotius and his followers to set restrictions on the rightful exercise +of predominant force, as to the accidental influence of individual +commanders. It has been well remarked that the right of non-combatants +to be unmolested in war was recognised by generals before it was ever +proclaimed by the publicists.[30] And the same truth applies to many +other changes in warfare, which have been oftener the result of a +temporary military fashion, or of new ideas of military expediency, +than of obedience to Grotius or Vattel. They set themselves to as +futile a task as the proverbial impossibility of whitening the negro; +with this result--that the destructiveness of war, its crimes, and +its cruelties, are something new even to a world that cannot lose the +recollection of the sack of Magdeburg in 1631, or the devastation of +the Palatinate in 1689.[31] + +The publicists have but recognised and reflected the floating +sentiments of their time, without giving us any definite principle by +which to separate the permissible from the non-permissible practice in +war. We have seen how much they are at issue on the use of poison. They +are equally at issue as to the right of employing assassination; as to +the extent of the legitimate use of fraud; as to the right of beginning +a war without declaration; as to the limits of the invader’s rights of +robbery; as to the right of the invaded to rise against his invader; or +as to whether individuals so rising are to be treated as prisoners of +war or hanged as assassins. Let us consider what they have done for us +with regard to the right of using savages for allies, or with regard to +the rights of the conqueror over the town he has taken by assault. + +The right to use barbarian troops on the Christian battle-field is +unanimously denied by all the modern text-writers. Lord Chatham’s +indignation against England’s employment of them against her revolted +colonies in America availed as little. Towards the end of the Crimean +war Russia prepared to arm some savage races within her empire, and +brought Circassians into Hungary in 1848.[32] France employed African +Turcos both against Austria in 1859 and against Prussia in 1870; and it +is within the recollection of the youngest what came of the employment +by Turkey of Bashi-Bazouks. Are they likely not to be used in future +because Bluntschli, Heffter, or Wheaton prohibits them? + +To take a town by assault is the worst danger a soldier can have to +face. The theory therefore had a show of reason, that without the +reward of unlimited licence he could never be brought to the breach. +Tilly is said to have replied, when he was entreated by some of his +officers to check the rapine and bloodshed that has immortalised +the sack of Magdeburg in 1631: ‘Three hours’ plundering is the +shortest rule of war. The soldier must have something for his toil +and trouble.’[33] It is on such occasions, therefore, that war shows +itself in its true character, and that M. Girardin’s remark, ‘_La +guerre c’est l’assassinat, la guerre c’est le vol,_’ reads like a +revelation. The scene never varies from age to age; and the storming of +Badajoz and San Sebastian by the English forces in the Peninsular War, +or of Constantine in Algeria by the French in 1837, teaches us what +we may expect to see in Europe when next a town is taken by assault, +as Strasburg might have been in 1870. ‘No age, no nation,’ says Sir +W. Napier, ‘ever sent forth braver troops to battle than those who +stormed Badajoz’ (April 1812). Yet for two days and nights there +reigned in its streets, says the same writer, ‘shameless rapacity, +brutal intemperance, savage lust, cruelty, and murder.’[34] And what +says he of San Sebastian not a year and a half later? A thunderstorm +that broke out ‘seemed to be a signal from hell for the perpetration +of villany which would have shamed the most ferocious barbarians of +antiquity.’ ... ‘The direst, the most revolting cruelty was added to +the catalogue of crime: one atrocity ... staggers the mind by its +enormous, incredible, indescribable barbarity.’[35] If officers lost +their lives in trying to prevent such deeds--whose very atrocity, as +some one has said, preserves them from our full execration, because it +makes it impossible to describe them--is it likely that the gallant +soldiers who crowned their bravery with such devilry would have been +one whit restrained by the consideration that in refusing quarter, or +in murdering, torturing, or mutilating non-combatants, they were acting +contrary to the rules of modern warfare? + +If, then, we temper theory with practice, and desert our books for the +facts of the battle-field (so far as they are ever told in full), we +may perhaps lay down the following as the most important laws of modern +warfare: + +1. You may not use explosive bullets; but you may use conical-shaped +ones, which inflict far more mutilation than round ones, and even +explosive bullets if they do not fall below a certain magnitude. + +2. You may not poison your enemy, because you thus take from him the +chance of self-defence: but you may blow him up with a fougass or +dynamite, from which he is equally incapable of defending himself. + +3. You may not poison your enemy’s drinking-water; but you may infect +it with dead bodies or otherwise, because that is only equivalent to +turning the stream. + +4. You may not kill helpless old men, women, or children with the sword +or bayonet; but as much as you please with your Congreve rockets, +howitzers, or mortars. + +5. You may not make war on the peaceable occupants of a country; but +you may burn their houses if they resist your claims to rob them of +their uttermost farthing. + +6. You may not refuse quarter to an enemy; but you may if he be not +equipped in a particular outfit. + +7. You may not kill your prisoners of war; but you may order your +soldiers not to take any. + +8. You may not ask a ransom for your prisoners; but you may more than +cover their cost in the lump sum you exact for the expenses of the war. + +9. You may not purposely destroy churches, hospitals, museums, or +libraries; but ‘military exigencies’ will cover your doing so, as they +will almost anything else you choose to do in breach of any other +restrictions on your conduct. + +And it is into these absurdities that the reasonings of Grotius and his +followers have led us. The real dreamers, it appears, have been, not +those who, like Henri IV., Sully, St. Pierre, or Kant, have dreamed of +a world without wars, but those who have dreamed of wars waged without +lawlessness, passion, or crime. On them be thrown back the taunts of +Utopianism which they have showered so long on the only view of the +matter which is really logical and consistent. On them, at least, rests +the shadow, and must rest the reproach, of an egregious failure, unless +recent wars are of no account and teach no lesson. And if their failure +be real and signal, what remains for those who wish for better things, +and for some check on deeds that threaten our civilisation, but to turn +their backs on the instructors they once trusted; to light their fires +rather than to load their shelves with Grotius, Vattel, and the rest; +and to throw in their lot for the future with the opinion, hitherto +despised, though it was Kant’s, and the endeavour hitherto discredited, +though it was Henry the Great’s, Sully’s, and Elizabeth’s--the opinion, +that is, that it were easier to abolish war than to humanise it, and +that only in the growth of a spirit of international confidence lies +any possible hope of its ultimate extinction? + + + + +CHAPTER II. + +WARFARE IN CHIVALROUS TIMES. + + _Voi m’avete fatto tornare quest’arte del soldo quasi che nulla, ed + io ne l’aveva presupposta la più eccellente e la più onorevole che + si facesse._--MACHIAVELLI, _Dell’Arte della Guerra_. + + Delusion about character of war in days of chivalry--The common + slaughter of women and children--The Earl of Derby’s sack of + Poitiers--The massacres of Grammont and Gravelines--The old poem + of the Vow of the Heron--The massacre of Limoges by Edward the + Black Prince--The imprisonment of ladies for ransom--Prisoners + of war starved to death; or massacred, if no prospect of ransom; + or blinded or otherwise mutilated--The meaning of a surrender at + discretion, as illustrated by Edward III. at Calais; and by several + instances in the same and the next century--The practice of burning + in aid of war; and of destroying sacred buildings--The practice of + poisoning the air--The use of barbarous weapons--The influence of + religion on war--The Church in vain on the side of peace--Curious + vows of the knights--The slight personal danger incurred in war by + them--The explanation of their magnificent costume--Field-sports + in war-time--The desire of gain the chief motive to war--The + identity of soldiers and brigands--The career and character of the + Black Prince--The place of money in the history of chivalry--Its + influence as a war-motive between England and France--General low + character of chivalrous warfare. + + +For an impartial estimate of the custom of war, the best preparation +is a study of its leading features in the days of chivalry. Not only +are most of our modern military usages directly descended from that +period, though many claim a far remoter ancestry, and go back to the +days of primitive savagery, but it is the tradition of chivalry that +chiefly keeps alive the delusion that it is possible for warfare to be +conducted with humanity, generosity, and courtesy. + +Hallam, for instance, observes that in the wars of our Edward III., +‘the spirit of honourable as well as courteous behaviour towards +the foe seems to have arrived at its highest point;’ and he refers +especially to the custom of ransoming a prisoner on his parole, and to +the generous treatment by the Black Prince of the French king taken +captive at Poitiers. + +In order to demonstrate the extreme exaggeration of this view, and to +show that with war, as with the greater crimes, moral greatness is only +connected accidentally, occasionally, or in romance, it is necessary +to examine somewhat closely the warfare of the fourteenth century. +Chivalry, according to certain historians, was during that century in +process of decline; but the decline, if any, was rather in the nature +of its forms and ceremonies than of its spirit or essence. It was +the century of the most illustrious names in chivalry, in France of +Bertrand du Guesclin, in England of the Black Prince, Sir Walter Manny, +Sir John Chandos. It was the century of the battles of Crecy, Poitiers, +Avray, and Navarette. It was the century of the Order of the Star in +France, of the Garter and the Bath in England. Above all, it was the +century of Froissart, who painted its manners and thoughts with a +vividness so surpassing that to read his pages is almost to live in his +time. So that the fourteenth century may fairly be taken as the period +in which chivalry reached its highest perfection, and in which the +military type of life and character attained its noblest development. +It is the century of which we instinctively think when we would imagine +a time when the rivalry of brave deeds gave birth to heroism, and the +rivalry of military generosity invested even the cruelties of the +battle-field with the halo of romance. + +Imagination, however, plays us false here as elsewhere. Froissart +himself, who described wars and battles and noble feats of arms +with a candour equal to his honest delight in them, is alone proof +enough that there seldom was a period when war was more ferociously +conducted; when the laws in restraint of it, imposed by the voice +of morality or religion, were less felt; when the motives for it as +well as the incentives of personal courage, were more mercenary; or +when the demoralisation consequent upon it were more widely or more +fatally spread. The facts that follow in support of this conclusion +come, in default of any other special reference, solely from that +charming chronicler; allusions to other sources being only necessary +to prove the existence of a common usage, and to leave no room for the +theory that the cases gathered from Froissart were but occasional or +accidental occurrences. + +Even savage tribes, like the Zulus, spare the lives of women and +children in war, and such a restraint is the first test of any warfare +claiming to rank above the most barbarous. But in the fourteenth +century such indiscriminate slaughter was the commonest episode of +war: a fact not among the least surprising when we remember that the +protection of women and the defenceless was one of the special clauses +of the oath taken by knights at the ceremony of investiture. Five +days after the death of Edward III., and actually during negotiations +between France and England, the admirals of France and Spain, at the +command of the King of France, sailed for Rye, which they burnt, +slaying the inhabitants, whether men or women (1377); and it is a +reasonable supposition that the same conduct marked their further +progress of pillage and incendiarism in the Isle of Wight. + +Nor were such acts only the incidents of maritime warfare, and +perpetrated merely by the pirates of either country; for they occurred +as frequently in hostilities by land, and in connection with the +noblest names of Christendom. At Taillebourg, in Saintonge, the Earl +of Derby had all the inhabitants put to the sword, in reprisals for +the death of one knight, who during the assault on the town had met +with his death. So it fared during the same campaign with three other +places in Poitou, the chronicler giving us more details with reference +to the fate of Poitiers. There were no knights in the town accustomed +to war and capable of organising a defence; and it was only people of +the poorer sort who offered a brave but futile resistance to the army. +When the town was won, 700 people were massacred; ‘for the Earl’s +people put every one to the sword, men, women, and little children.’ +The Earl of Derby took no steps to stop the slaughter, but after many +churches and houses had been destroyed, he forbade under pain of death +any further incendiarism, apparently for no other reason than that he +wished to stay there for ten or twelve days. A few years later, when +the French had recovered Poitiers, the English knights, who had been +there, marched away to Niort, which, on the refusal of the inhabitants +to admit them, they forthwith attacked and speedily won, owing to the +absence, as at Poitiers, of any knights to direct the defence. The male +and female inhabitants alike were put to the sword. All these instances +occur in one short chapter of Froissart. + +Sometimes this promiscuous slaughter even raised its perpetrators to +higher esteem. An episode of this sort occurred in the famous war +between the citizens of Ghent and the Earl of Flanders. The Lord +d’Enghien, with 4,000 cavaliers and a large force of foot, besieged the +town of Grammont, which was attached to Ghent. About four o’clock one +fine Sunday in June, the besiegers gained the town, and the slaughter, +says Froissart, was very great of men, women, and children, for to +none was mercy shown. Upwards of 500 of the inhabitants were killed; +numbers of old people and women were burnt in their beds; and the town +being then set on fire in more than two hundred places, was speedily +reduced to ashes. ‘Fair son,’ said the Earl of Flanders, greeting his +returning relative, ‘you are a valiant man, and if it please God will +be a gallant knight, for you have made a handsome beginning.’ History, +however, may rejoice that so promising a career was checked in the bud; +for the young nobleman’s death in a skirmish within a few days made his +first feat of arms also his last. + +A similar story is connected with the memory of the fighting Bishop of +Norwich, famous in those days. Having been authorised by Pope Urban +VI. to make war on Pope Clement VII., he went and besieged the town of +Gravelines with shot and wild-fire, ‘till in the end our men entered +the town with their Bishop, when they at his commandment destroying +both man, woman, and child, left not one alive of all those who +remained in the town.’[36] This was in 1383; and it will be observed +how then, just as in later days, the excuse of superior orders served +as an excuse for the perpetration of any crime, provided only it were +committed in war. + +It would be an error to suppose that these things were the mere +accident of war, due to the passion of the moment, or to the feeble +control of leaders over their men. In a very curious old French poem, +called ‘The Vow of the Heron,’ indisputable evidence exists that the +slaughter of women and children was not only often premeditated before +the opening of hostilities, but that an oath binding a man to it was +sometimes given and accepted as a token of commendable bravery. The +poem in question deals with historical events and persons; and if not +to be taken as literal history, undoubtedly keeps within the limits +of probability, as proved by other testimony of the manners of those +times. Robert, Count of Artois, exiled from France, comes to England, +and bringing a roasted heron before Edward III. and his court, prays +them to make vows by it before eating of it (in accordance with the +custom which attached to such oaths peculiar sanctity) concerning the +deeds of war they would undertake against the kingdom of France. Edward +III., the Earl of Salisbury, Sir Walter Manny, the Earl of Derby, +Lord Suffolk, having all sworn according to the Count’s wishes, Sir +Fauquemont, striving to outdo them in the profession of military zeal, +swore that if the king would cross the sea to invade France, he would +always appear in the van of his troops, carrying devastation and fire +and slaughter, and sparing not altars, nor relations, nor friends, +neither helpless women nor children.[37] + +Let the reader reflect that these things occurred in war, not of +Christians against infidels, but of Christians with one another, and +in a period commonly belauded for its advance in chivalrous humanity. +The incidents related were of too common occurrence to call for special +remark by their chronicler; but the peculiar atrocities of the famous +sack of Limoges, by the express orders of Edward the Black Prince, +were too much even for Froissart. It is best to let him tell his own +story from the moment of the entry of the besieging force: ‘The Prince, +the Duke of Lancaster, the Earls of Cambridge and of Pembroke, Sir +Guiscard d’Angle, and the others, with their men, rushed into the town. +You would then have seen pillagers active to do mischief, running +through the town, slaying men, women, and children, according to their +commands. It was a most melancholy business, for all ranks, ages, and +sexes cast themselves on their knees before the Prince, begging for +mercy; but he was so inflamed with passion and revenge that he listened +to none, but all were put to the sword, wherever they could be found, +even those who were not guilty; for, I know not why, the poor were +not spared, who could not have had any part in this treason; but they +suffered for it, and indeed more than those who had been the leaders +of the treachery. There was not that day in the city of Limoges any +heart so hardened or that had any sense of religion, who did not deeply +bewail the unfortunate events passing before their eyes; for upwards +of 3,000 men, women, and children were put to death that day. God have +mercy on their souls, for they were veritable martyrs.’ Yet the man +whose memory is stained with this crime, among the blackest in history, +was he whom not his own country alone, but the Europe of his day, +dubbed the Mirror of Knighthood; and those who blindly but (according +to the still prevalent sophistry of militarism) rightly carried out +his orders counted among them at least three of the noblest names in +England. + +The absence in chivalry of any feeling strong enough to save the lives +of women from the sword of the warrior renders improbable _à priori_ +any keen scruples against making them prisoners of war. In France such +scruples were stronger than in England. The soldiers of the Black +Prince took captive the Duchess of Bourbon, mother to the King of +France, and imprisoned her in the castle of Belleperche; whence she was +afterwards conducted into Guyenne, and ransom exacted for her liberty. +Similar facts mark the whole period from the twelfth to the fifteenth +century. When the Crusaders under Richard I. took Messina by assault, +they carried off with their other lawful spoils all the noblest women +belonging to the Sicilians.[38] Edward I. made prisoners of the queen +of Robert Bruce and her ladies, and of the Countess of Buchan, who had +crowned Bruce. The latter, he said, as she had not used the sword, +should not perish by it; but for her lawless conspiracy she should be +shut up in a chamber of stone and iron, circular as the crown she gave; +and at Berwick she should be suspended in the open air, a spectacle to +travellers, and for her everlasting infamy. Accordingly, a turret was +fitted up for her with a strong cage of lattice-work, made of strong +posts and bars of iron.[39] In the fifteenth century, the English, in +their war upon the French frontier, according to Monstrelet, ‘made many +prisoners, and even carried off women, as well noble as not, whom they +kept in close confinement until they ransomed themselves.’[40] The +notion, therefore, that in those times any special courtesy was shown +in war to the weaker sex must be received with extreme latitude. In +1194, Henry, Emperor of the Romans, having taken Salerno in Apulia by +storm, actually put up for auction to his troops the wives and children +of the chief citizens whom he had slain and exiled. + +To pass to the treatment of prisoners of war, who, be it remembered, +were only those who could promise ransom. The old historian Hoveden, +speaking of a battle that was fought in 1173, says that there fell in +it more than 10,000 Flemings; the remainder, who were taken captive, +being thrown into prison in irons, and there starved to death. There +is no evidence whether, or for how long, starving remained in vogue; +but the iron chains were habitual, down even to the fourteenth century +or later, among the Germans and Spaniards, the extortion of a heavier +ransom being the motive for increasing the weight of chain and the +general discomfort of prison. To let a prisoner go at large on parole +for his ransom was an advance initiated by the French, that sprang +naturally out of a state of hostilities in which most of the combatants +became personally acquainted, but it was still conduct so exceptional +that Froissart always speaks of it in terms of high eulogy. It was also +an advance that often sprang out of the plainest necessities of the +case, as when, after the battle of Poitiers, the English found their +prisoners to be double their own numbers, wherefore in consideration of +the risk they ran, they either received ransom from them on the spot +or gave them their liberty in exchange for a promise to bring their +ransom-money at Christmas to Bordeaux. Bertrand du Guesclin did the +same by the English knights after their defeat at Pontvalin; and it was +in reference to this last occasion that Froissart calls attention to +the superiority of the French over the Germans in not shackling their +prisoners with a view to a heavier ransom. ‘Curses on them for it,’ he +exclaims of the Germans; ‘they are a people without pity or honour, +and they ought never to receive quarter. The French entertained their +prisoners well and ransomed them courteously, without being too hard +upon them.’ + +Nevertheless we must suspect that this sort of courtesy was rather +occasional than habitual. Of this same Du Guesclin, whom St.-Palaye +calls the flower of chivalry,[41] two stories are told that throw a +different but curious light on the manners of those times. Having on +one occasion defeated the English and taken many of them prisoners, +Du Guesclin tried to observe the rules of distributive justice in +the partition of the captives, but failing of success and unable to +discover to whom the prisoners really belonged, he and Clisson (who +were brothers in arms) in order to terminate the differences which the +victorious French had with one another on the subject, conceived that +the only fair solution was to have them all massacred, and accordingly +more than 500 Englishmen were put to death in cold blood outside the +gates of Bressière.[42] So, on a second occasion, such a quantity +of English were taken that ‘there was not, down to the commonest +soldier, anyone who had not some prisoner of whom he counted to win a +good ransom; but as there was a dispute between the French to know to +whom each prisoner belonged, Du Guesclin, to put them all on a level, +ordered them to put all to the sword, and only the English chiefs were +spared.’[43] This ferocious warrior, the product and pride of his +time, and the favourite hero of French chivalry, was hideous in face +and figure; and if we think of him, with his round brown face, his +flat nose, his green eyes, his crisp hair, his short neck, his broad +shoulders, his long arms, short body, and badly made legs, we have +evidently one of the worst specimens of that type which was for so long +the curse of humanity, the warrior of mediæval Europe. + +In respect, therefore, of Hallam’s statement that the courtesy of +chivalry gradually introduced an indulgent treatment of prisoners which +was almost unknown to antiquity, it is clear that it would be unwise to +press too closely the comparison on this head between pre-Christian and +post-Christian warfare. At the siege of Toledo, the Besque de Vilaines, +a fellow-soldier of Du Guesclin in the Spanish war, in order to +intimidate the besieged into a surrender, had as many gallows erected +in front of the city as he had taken prisoners, and actually had more +than two dozen hung by the executioner with that object. In the pages +of Livy or Thucydides there may be many a bad deed recorded, but at +least there is nothing worse than the deeds of the Besque de Vilaines, +or of Du Guesclin, Constable of France, or of Edward the Black Prince +of England. + +There is another point besides the fettering of prisoners in which +attention is drawn in Froissart to the exceptional barbarity of +the Spaniards; and in no estimate of the military type of life in +the palmiest days of chivalry would it be reasonable to omit all +consideration of Spain. In the war between Castile and Portugal, +the forces under Don John of Castile laid siege to Lisbon, closely +investing it; and if any Portuguese were taken prisoners in a skirmish +or otherwise, their eyes were put out, their legs, arms, or other +members torn off, and in such plight they were sent back to Lisbon with +the message that when the town was taken mercy would be shown to none. +Such was the story told by the Portuguese ambassador to the Duke of +Lancaster, and repeated on his authority by Froissart. For the credit +of humanity, to say nothing of chivalry, one would fain disbelieve +the tale altogether, or regard it as an episode that stood by itself +and apart from the general practice of the age, since it is the only +one of the kind related by Froissart. But the frequency as much as +the rarity of a practice may account for the silence of an annalist, +and there is little doubt that mutilation of the kind described was +common in the chivalrous period, even if obsolete or nearly so in the +fourteenth century. Blinding and castration were not only punishments +inflicted for offences against the forest laws of the Norman kings of +England, but were the common fate of captive enemies in arms throughout +Europe in the eleventh and twelfth centuries. This, for instance, was +the treatment of their Welsh prisoners by the Earls of Shrewsbury +and Chester in 1098; as also of William III., King of Sicily, at the +hands of Henry, Emperor of the Romans, in 1194. At the close of the +twelfth century, in the war between Richard I. of England and Philip +Augustus of France, blinding was resorted to on both sides; for Hoveden +expressly says: ‘The King of France had the eyes put out of many of the +English king’s subjects whom he had made prisoners, and this provoked +the King of England, unwilling as he was, to similar acts of impiety.’ +And to take a last instance, in 1225, the Milanese having taken +prisoners 500 Genoese crossbowmen, deprived each of them of an eye and +an arm, in revenge for the injury done by their bows.[44] So that it +would be interesting, if possible, to learn from some historian the +date and cause of the cessation of customs so profoundly barbarous and +brutal. + +By the rules, again, of chivalrous warfare all persons found within +a town taken by assault were liable, and all the male adults likely, +to be killed. Bertrand du Guesclin made it a maxim before attacking a +place to threaten its commander with the alternative of surrender or +death; a military custom perhaps as old as war itself, and one that +has descended unchanged to our own times. Only by a timely surrender +could the besieged cherish any hope for their lives or fortunes; and +even the offer of a surrender might be refused, and an unconditional +surrender be insisted upon instead. This is proved by the well-known +story of Edward III. at the siege of Calais, a story sometimes called +in doubt merely for resting solely on the authority of Froissart. The +governor of Calais offered to surrender the town and all things in it, +in return for a simple permission to leave it in safety. Sir Walter +Manny replied that the king was resolved that they should surrender +themselves solely to his will, to ransom or kill them as he pleased. +The Frenchman retorted that they would suffer the direst extremities +rather than submit to the smallest boy in Calais faring worse than the +rest. The king obstinately refused to change his mind, till Sir Walter +Manny, pressing upon him the reluctance of his officers to garrison his +castles with the prospect of reprisals which such an exercise of his +war-right would render probable, Edward so far relented as to insist +on having six citizens of Calais left to the absolute disposal of his +revenge. When the six who offered themselves as a sacrifice for the +rest of their fellow-citizens reached the presence of the king, the +latter, though all the knights around him were moved even to tears, +gave instant orders to behead them. All who were present pleaded for +them, and above all, Sir Walter Manny, in accordance with his promise +to the French governor; but it was all in vain, and but for the +entreaties of the queen, those six citizens would have fallen victims +to the savage wrath of the pitiless Edward. + +Two facts support the probable truth of the above narrative from +Froissart. In the first place, it is in perfect keeping with the +conduct of the same warrior at the taking of Caen. When the king heard +what mischief the inhabitants had inflicted on his army by their +vigorous defence, he gave orders that all the rest of the inhabitants +should be slain and the town burnt;[45] and had it not been for the +remonstrances of Sir Godfrey de Harcourt, there is little reason to +doubt but that he would thus have glutted, as he craved to do, the +intense native savagery of his soul. In the second place, the story is +in perfect keeping with the common war-rule of that and later times, by +virtue of which a conqueror might always avail himself of the distress +of his enemy to insist upon a surrender at discretion, which of course +was equivalent to a surrender to death or anything else. + +How commonly death was inflicted in such cases may be shown from +some narratives of capitulations given by Monstrelet. When Meaux +surrendered to Henry V., six of the defenders were reserved by name to +be delivered up to justice (such was the common expression), and four +were shortly after beheaded at Paris.[46] When Meulan surrendered to +the regent, the Duke of Bedford, numbers were specially excepted from +those to whom the Duke granted their lives, ‘to remain at the disposal +of the lord regent.’[47] When some French soldiers having taken refuge +in a fort were so closely besieged by the Earl Marshal of England as to +be obliged to surrender at discretion, many of them were hanged.[48] +When the garrison of Guise capitulated to Sir John de Luxembourg, a +general pardon was granted to all, except to certain who were to be +delivered up to justice.[49] When the same captain, with about one +thousand men, besieged the castle of Guetron, wherein were some sixty +or eighty Frenchmen, the latter proposed to surrender on condition +of the safety of their lives and fortunes; ‘they were told they must +surrender at discretion. In the end, however, it was agreed to by the +governor that from four to six of his men should be spared by Sir +John. When this agreement had been settled and pledges given for its +performance, the governor re-entered the castle, and was careful not to +tell his companions the whole that had passed at the conference, giving +them to understand in general that they were to march away in safety; +but when the castle was surrendered all within it were made prisoners. +On the morrow, by the orders of Sir John de Luxembourg, they were all +strangled and hung on trees hard by, except the four or six before +mentioned--one of their companions serving for the executioner.’[50] +One more of these black acts, so common among the warriors of chivalry, +and this point perhaps will be accepted as proved. The French had +gained possession of the castle of Rouen, but after twelve days were +obliged to surrender at discretion to the English; ‘they were all made +prisoners, and put under a good guard; and shortly after, one hundred +and fifty were beheaded at Rouen.’[51] + +Let us pass next from the animate to the inanimate world as affected +by warfare. The setting on fire of Grammont in more than two hundred +places is a fair sample of the normal use of arson as a military weapon +in the chivalrous period. To burn an undefended town or village was +accounted no meanness; and was as frequent as the destruction of crops, +fruit trees, or other sources of human subsistence. The custom of +tearing up vines or fruit trees contrasts strongly with the command of +Xerxes to his forces to spare the groves of trees upon their march; and +any reader of ancient history will acknowledge the vast deterioration +from the pagan laws of war which every page of the history of Christian +chivalry reveals and exposes. + +But little as was the forbearance displayed in war towards defenceless +women and children, or to the crops and houses that gave them food and +shelter, it might perhaps have been expected that, at a time when no +serious dissent had come to divide Christianity, and when the defence +of religion and religious ceremonies were among the professed duties of +knighthood, churches and sacred buildings should have enjoyed especial +immunity from the ravages of war. Even in pagan warfare the temples +of the enemy as a rule were spared; such an act as the destruction of +the sacred edifices of the Marsi by the Romans under Germanicus being +contrary to the better traditions of Roman military precedent. + +Permissible as it was by the rules of war, says Polybius, to destroy +an enemy’s garrisons, cities, or crops, or anything else by which his +power might be weakened, it was the part of mere rage and madness to +destroy such things as their statues or temples, by which no benefit +or injury accrued to one side or the other; nor are allusions to +violations of this rule numerous in pre-Christian warfare.[52] The +practice of the Romans and Macedonians to meet peaceably together in +time of war on the island of Delos, on account of its sanctity as +the reputed birthplace of Apollo,[53] has no parallel in the history +of war among the nations of Christendom. The most that can be said +for the fourteenth century in this respect is that slightly stronger +scruples protected churches and monasteries than the lives of women and +children. This is implied in Froissart’s account of the storming of +Guerrande: ‘Men, women, and children were put to the sword, and fine +churches sacrilegiously burnt; at which the Lord Lewis was so much +enraged, that he immediately ordered twenty-four of the most active to +be hanged on the spot.’ + +But the slightest embitterment of feeling removed all scruples +in favour of sacred buildings. Richard II., having with his army +crossed the Tweed, took up his quarters in the beautiful abbey of +Melrose; after which the monastery, though spared in all previous +wars with Scotland, was burnt, because the English had determined, +says Froissart, to ruin everything in Scotland before returning home, +in revenge for the recent alliance entered into by that country with +France. The abbey of Dunfermline, where the Scotch kings used to be +buried, was also burnt in the same campaign; and so it fared with all +other parts of Scotland that the English overran; for they ‘spared +neither monasteries nor churches, but put all to fire and flame.’ + +Neither did any greater degree of chivalry display itself in the +matter of the modes and weapons of warfare. Although reason can urge +no valid objection against the means of destruction resorted to +by hostile forces, whether poisoned arrows, explosive bullets, or +dynamite, yet certain things have been generally excluded from the +category of fair military practices, as for example the poisoning of +an enemy’s water. But the warriors of the fourteenth century, even if +they stand acquitted of poisoning rivers and wells, had no scruples +about poisoning the air: which perhaps is nearly equivalent. The great +engines they called Sows or Muttons, like that one, 120 feet wide and +40 feet long, from which Philip von Artefeld and the men of Ghent cast +heavy stones, beams of wood, or bars of hot copper into Oudenarde, must +have made life inside such a place unpleasant enough; but worse things +could be injected than copper bars or missiles of wood. The Duke of +Normandy, besieging the English garrison at Thin-l’Evêque, had dead +horses and other carrion flung into the castle, to poison the garrison +by the smell; and since the air was hot as in midsummer, it is small +wonder that the dictates of reason soon triumphed over the spirit of +resistance. And at the siege of Grave the chivalry of Brabant made a +similar use of carrion to empoison the garrison into a surrender. + +Even in weapons different degrees of barbarity are clearly discernible, +according as they are intended to effect a disabling wound, or a wound +that will cause needless laceration and pain by the difficulty of their +removal. A barbed arrow or spear betokens of course the latter object, +and it is worth visiting the multi-barbed weapons in Kensington Museum +from different parts of the world, to learn to what lengths military +ingenuity may go in this direction. The spear heads of the Crusaders +were barbed;[54] and so were the arrows used at Crecy and elsewhere, +as may be seen on reference to the manuscript pictures, the object +being to make it impossible to extract them without laceration of +the flesh. The sarbacane or long hollow tube was in use for shooting +poisoned arrows at the enemy;[55] and pictures remain of the vials +of combustibles that were often attached to the end of arrows and +lances.[56] + +The above facts clearly show the manner and spirit with which our +ancestors waged war in the days of what Hallam calls chivalrous virtue: +one of the most stupendous historical impostures that has ever become +an accepted article of popular belief. The military usages of the +Greeks and Romans were mild and polished, compared to the immeasurable +savagery which marked those of the Christians of Froissart’s day. As +for the redeeming features, the rare generosity or courtesy to a foe, +they might be cited in almost equal abundance from the warfare of the +Red Indians; but what sheds a peculiar stain on that of the Chevaliers +is the ostentatious connection of religion with the atrocities of +those blood-seeking marauders. The Church by a peculiar religious +service blessed and sanctified both the knight and his sword; and the +most solemn rite of the Christian faith was profaned to the level of +a preliminary of battle. At Easter and Christmas, the great religious +festivals of a professedly peace-loving worship, the Psalm that was +deemed most appropriate to be sung in the chapels of the Pope and the +King of France was that beginning, ‘Benedictus Dominus Deus meus, qui +docet manus meas ad bellum et digitos meos ad prœlia.’ + +It was a curious feature of this religion of war that, when Edward +III.’s forces invaded France, so strict was the superstition that led +them to observe the fast of Lent, that among other things conveyed +into the country were vessels and boats of leather wherewith to obtain +supplies of fish from the lakes and ponds of the enemy. + +It is indeed passing strange that Christianity, which could command so +strict an observance of its ordinances as is implied in the transport +of boats to catch fish for Lent, should have been powerless to place +any check whatever on the ferocious militarism of the time; and the +very little that was ever done by the Church to check or humanise +warfare is an eternal reflection on the so-called conversion of Europe +to Christianity. Nevertheless the Church, to do her justice, used what +influence she possessed on the side of peace in a manner she has long +since lost sight of; nor was the Papacy in its most distracted days +ever so indifferent to the evils of war as the Protestant Church has +been since, and is still. Clement VI. succeeded in making peace between +France and England, just as Alexander III. averted a war between the +two countries in 1161. Innocent VI. tried to do the same; and Urban V. +returned from Rome to Avignon, hoping to effect the same good object. +Gregory XI. was keenly distressed at the failure of efforts similar to +those of his predecessors. The Popes indeed endeavoured to stop wars, +as they endeavoured to stop tournaments, or the use of the crossbow; +but they were defeated by the intense barbarism of chivalry; nor can it +be laid to the charge of the Church of Rome, as it can to that of the +Church of the Reformation, that she ever folded her hands in despairful +apathy before a custom she admitted to be evil. The cardinals and +archbishops of those days were constantly engaged in pacific, nor +always futile, embassies. And the prelates would frequently preach to +either side arguments of peace: a fact that contrasts badly with the +almost universal silence and impotence of the modern pulpit, either to +stay a war or to mitigate its barbarities. + +But it is true that they knew equally well how to play on the martial +as on the pacific chord in their audiences; for the eloquence of an +Archbishop of Toulouse turned sixty towns and castles to the interest +and rights of the French king in his quarrel with England; and the +preaching of prelates and lawyers in Picardy had a similar effect in +other large towns. Nor were the English clergy slower than the French +to assert the rights of their king and country, for Simon Tibald, +Bishop of London, made several long and fine sermons to demonstrate (as +always is demonstrated in such cases) that the King of France had acted +most unjustly in renewing the war, and that his conduct was at total +variance both with equity and reason. + +But these appeals to the judgment of their congregations by the clergy +are also a proof that in the fourteenth century the opinion of the +people did not count for so little as is often supposed in the making +of peace and war. Yet the power of the people in this respect was +doubtless as insignificant as it still is in our own days: nothing +being more remarkable, even in the free government of modern England, +than the influence of the people in theory and their influence in fact +on the most important question that regards their destinies. + +Nor are the moral causes difficult to trace which in those times made +wars break out so frequently and last so long, that those who now read +of them can only marvel how civilisation ever emerged at all, even to +the imperfect degree to which it is given to us to enjoy it. The love +of adventure and the hope of fame were of course among the principal +motives. The saying of Adam Smith, that the great secret of education +is the direction of personal vanity to proper objects, contains the +key to all advance that has ever been made in civilisation, and to +every shortcoming. The savagery of the middle ages was due to the +direction of personal vanity exclusively into military channels, so +that the desire for distinction often displayed itself in forms of +perfect absurdity, as in the case of the young English knights who went +abroad with one eye veiled, binding themselves by a vow to their ladies +neither to see with their eyes nor to reply to anything asked of them +till they had signalised themselves by the performance of some wondrous +deed in France. The gradual opening up in later days of other paths to +distinction than that of arms has very much diminished the danger to +the public peace involved in the worthless education of our ancestors. + +Nor was the personal distinction of the warrior gained at any great +risk of personal danger. The personal danger in war decreased in +exact ratio with the rank of the combatant, and it was only the lower +orders of the social hierarchy who unreservedly risked their lives. +In case of defeat they had no ransom to offer for mercy, and appear +almost habitually to have been slain without any. If it was a common +thing for either side to settle before a battle the names of those on +the other who should be admitted to ransom, it was no uncommon thing +to determine, as the English did before Crecy, to give no quarter to +the enemy at all. But as a rule the battle-field was of little more +peril to the knight than the tournament; and though many perished when +powerless to avert the long thin dagger, called the _miséricorde_, from +the interstices of their armour or the vizor of their helmets, yet the +striking fact in Froissart is the great number of battles, skirmishes, +and sieges in which the same names occur, proving how seldom their +bearers were wounded, disabled, or killed. This of course was due +mainly to the marvellous defensive armour they wore, which justifies +the wonder not merely how they fought but even how they moved. Whether +encased in coats of mail, sewn upon or worn over the gambeson or thick +undergarment of cloth or leather, or in plates of solid steel, at first +worn over the mail and then instead of it, and often with the plastron +or breastplate of forged iron beneath both hauberk and gambeson, they +evidently had little to fear from arrow, sword, or lance, unless +when they neglected to let down the vizor of the helmet, as Sir John +Chandos did, when he met with his death from a lance wound in the eye +(1370). Their chief danger lay in the hammering of battle-axes on their +helmets, which stunned or wounded, but seldom killed them. But the foot +soldiers and light cavalry, though generally well equipped, were less +well protected by armour than the knights, the hauberk or coat of mail +being allowed in France only to persons possessed of a certain estate; +so that the knights were formidable less to one another than to those +who by the conditions of the combat could not be so formidable to +themselves. + +The surcoat was also a defence to the knight, as indicating the ransom +he could pay for his life. Otherwise it is impossible to account for +his readiness to go into action with this long robe flowing over his +plate of steel and all his other accoutrements. Had Sir John Chandos +not been entangled in his long surcoat when he slipped, he might have +lived to fight many another battle to the honour of English chivalry. +Richness of armour served also the same purpose as the surcoat. At +the battle of Nicopoli, when the flower of the French nobility met +with so disastrous a defeat at the hands of the Turks, the lords of +France were, says Froissart, so richly dressed out in their emblazoned +surcoats as to look like little kings, and many for a time owed their +lives to the extreme richness of their armour, which led the Saracens +to suppose them greater lords than they could really boast to be. So +again the elaborate gold necklaces worn by distinguished officers in +the seventeenth century were probably rather symbols of the ransom +their wearers could pay, than worn merely for ostentation and vanity. +It was to carelessness on this score that the Scotch owed their great +losses at the battle of Musselborough in 1548: for (to put the words of +Patin in modern dress) their ‘vileness of port was the cause that so +many of the great men and gentlemen were killed and so few saved. The +outward show, the semblance and sign whereby a stranger might discern a +villain from a gentleman, was not among them to be seen.’ + +War under these conditions chiefly affected the lives of the great by +pleasantly relieving the monotony of peaceful days. In time of peace +they had few occupations but hawking, hunting, and tilting, and during +hostilities those amusements continued. Field sports, sometimes spoken +of by their eulogists as the image of war, were not absent during its +reality. Edward III. hunted and fished daily during his campaign in +France, having with him thirty falconers on horseback, sixty couples +of staghounds, and as many greyhounds. And many of his nobles followed +his example in taking their hawks and hounds across the Channel. + +But the preceding causes of the frequency of war in the days of +chivalry are quite insignificant when compared with that motive +which nowadays mainly finds vent in the peaceful channels of +commerce--namely, the common desire of gain. The desire for glory had +far less to do with it than the desire of lucre; nor is anything from +the beginning to the end of Froissart more conspicuously displayed +than the merely mercenary motive for war. The ransom of prisoners +or of towns, or even ransom for the slain,[57] afforded a short and +royal road to wealth, and was the chief incentive, as it was also the +chief reward of bravery. The Chevalier Bayard made by ransoms in the +course of his life a sum equal to 4,000_l._, which in those days must +have been a fortune;[58] and Sir Walter Manny in a single campaign +enriched himself by 8,000_l._ in the same way.[59] So that the story is +perfectly credible of the old Scotch knight, who in a year of universal +peace prayed, ‘Lord, turn the world upside down that gentlemen may make +bread of it.’ Loot and rapine, the modern attractions of the brigand, +were then in fact the main temptations of the knight or soldier; and +the distinction between the latter and the brigand was far less than +it had been in the pre-Christian period, or than it is in more modern +times. Indeed the very word _brigand_ meant, originally, merely a +foot-soldier who fought in a brigade, in which sense it was used by +Froissart; and it was only the constant addiction of the former to +the occupations of the highwayman that lent to the word brigand its +subsequent evil connotation. + +But it was not merely the common soldier to whom the first question in +a case of war was the profit to be gained by it; for men of the best +families of the aristocracy were no less addicted to the land piracy +which then constituted war, as is proved by such names as Calverly, +Gournay, Albret, Hawkwood, and Guesclin. The noble who was a soldier +in war often continued to fight as a robber after peace was made, nor +thought it beneath him to make wretched villagers compound for their +lives; and in spite of truces and treaties, pillage and ransom afforded +his chief and often his sole source of livelihood. The story of Charles +de Beaumont dying of regret for the ransom he had lost, because by +mistake he had slain instead of capturing the Duke of Burgundy at the +battle of Nancy, is a fair illustration of the dominion then exercised +by the lowest mercenary feelings over the nobility of Europe. + +This mercenary side of chivalrous warfare has been so lost sight of in +the conventional descriptions of it, that it is worth while to bring +into prominence how very little the cause of war really concerned those +who took part in it, and how unfounded is the idea that men troubled to +fight for the weak or the oppressed under fine impulses of chivalry, +and not simply in any place or for any object that held out to them +the prospect of gain. How otherwise is it possible to account for the +conduct of the Black Prince, in fighting to restore Pedro the Cruel +to the throne of Castile, from which he had been displaced in favour +of Henry of Trastamare not merely by the arms of Du Guesclin and the +French freebooters, but by the wishes and consent of the people? Any +thought for the people concerned, or of sympathy for their liberation, +as little entered into the mind of the Black Prince as if the question +had concerned toads or rabbits. Provided it afforded an occasion for +fighting, it mattered nothing that Pedro had ruled oppressively; that +he had murdered, or at least was believed to have murdered, his wife, +the sister of the reigning King of France: nor that he had even been +condemned by the Pope as an enemy to the Christian Church. Yet before +the battle of Navarette (1367), in which Henry was completely defeated, +the Prince did not hesitate in his prayers for victory to assert that +he was waging war solely in the interests of justice and reason; and it +was for his success in this iniquitous exploit (a success which only +awaited his departure from the country to be followed by a rising in +favour of the monarch he had deposed) that the Prince won his chief +title to fame; that London exhausted itself in shows, triumphs, and +festivals in his honour; and that Germans, English, and Flemish with +one accord entitled him ‘the mirror of knighthood.’ The Prince was only +thirteen when he fought at Crecy, and he fought with courage: he was +only ten years older when he won the battle of Poitiers, and he behaved +with courtesy to the captive French king, from whom he looked for an +extortionate ransom: but the extravagant eulogies commonly heaped upon +him prove how little exalted in reality was the military ideal of his +age. His sack of Limoges, famous among military atrocities, has already +been spoken of; nor should it be forgotten, as another indication of +his character, that when two messengers brought him a summons from the +King of France to answer the appeal of the Gascons of Aquitaine, he +actually imprisoned them, showing himself however in this superior to +his nobles and barons, who actually advised capital punishment as the +fittest salary to the envoys for their pains. + +The Free Companies, or hordes of robbers, who ravaged Europe through +all the period of chivalry and constituted the greatest social +difficulty of the time, were simply formed of knights and men-at-arms, +who, when a public war no longer justified them in robbing and +murdering on behalf of the State, turned robbers and murderers on their +own account. After the treaty of Bretigny had put a stop to hostilities +between France and England (1360), 12,000 of these men, men of rank +and family as well as needy adventurers, and under leaders of every +nationality, resolved sooner than lay down their arms to march into +Burgundy, there to relieve by the ransoms they might levy the poverty +they could not otherwise avert. Many a war had no other justification +than the liberation of one people from their outrages by turning them +upon another. Thus Du Guesclin led his White Company into Spain on +behalf of Henry the Bastard, less to avenge the cruelties of Pedro than +to free France from the curse of her unemployed chivalry; and Henry the +Bastard, when by such help he had wrested the kingdom of Castile from +his brother Pedro, designed an invasion of Granada simply to divert +from his own territories the allies who had placed him in possession of +them. This was a constant source of war in those days, just as in our +own the existence of large armies leads of necessity to wars for their +employment; and even the Crusades derive some explanation from the +operation of the motive indicated. + +No historical microscope, indeed, will detect any difference between +the Free Companies and the regular troops, since not only the latter +merged into the former, but both were actuated by the sole pursuit +of gain, and equally indifferent to ideas of honour or patriotism. +The creed of both was summed up in the following regretful speech, +attributed to Aymerigot Marcel, a great captain of the pillaging +bands: ‘There is no pleasure in the world like that which men such as +ourselves enjoyed. How happy were we when, riding out in search of +adventures, we met a rich abbot, a merchant, or a string of mules, well +laden with draperies, furs, or spices, from Montpellier, Beziers, and +other places! All was our own, or ransomed according to our will. Every +day we gained money, ... we lived like kings, and when we went abroad +the country trembled; everything was ours both in going and returning.’ + +In the days of chivalry, this desire of gain, however gotten, pervaded +and vitiated all classes of men from the lowest to the highest. Charles +IV. of France, when his sister Isabella, queen of Edward II., fled to +him, promised to help her with gold and silver, but secretly, lest +it should bring him into war; and then when messengers from England +came with gold and silver and jewels for himself and his ministers, +both he and his council became in a short time as cold to the cause +of Isabella as they had been warm, the king even going so far as to +forbid any of his subjects under pain of banishment to help his sister +in her projected return. And again, when Edward III. was about to make +war with France, was he not told that his allies were men who loved to +gain wealth, and whom it was necessary to pay beforehand? And did he +not find that a judicious distribution of florins was as effective in +winning over to his interests a duke, a marquis, an archbishop, and the +lords of Germany, as the poorer citizens of the towns of Flanders? + +Money, therefore, or its equivalent, and not the title to the crown of +France, was at the root of the wars waged abroad by the English under +Edward III. The question of title simply served as pretext, covering +the baser objects of the invasion. No historical fact is clearer, +ignored though it has been in the popular histories of England, than +that the unpopularity of his successor, Richard II., arose from his +marriage with the daughter of the King of France, and from his desire +for peace between the two kingdoms, of which the marriage was the +proof and the security. When his wish for peace led to the formation +of a war and a peace party among the English nobility, Froissart says: +‘The poorer knights and archers were of course for war, as their sole +livelihood depended upon it.[60] They had learnt idleness and looked to +war as a means of support.’ In reference to the great peace conference +held at Amiens in 1391, he observes: ‘Many persons will not readily +believe what I am about to say, though it is strictly true, that the +English are fonder of war than of peace. During the reign of Edward, of +happy memory, and in the lifetime of his son the Prince of Wales, they +made such grand conquests in France, and by their victories and ransoms +of towns, castles, and men gained such wealth, that the poorest knights +became rich; and those who were not gentlemen by birth, by gallantly +hazarding themselves in these wars, were ennobled by their valour and +worth. Those who came after them were desirous of following the same +road.... Even the Duke of Gloucester, son of King Edward, inclined to +the opinion of the commons, as did many other knights and squires who +were desirous of war to enable them to support their state.’[61] + +No other country, indeed, pleased these English brigand knights so well +as France for the purpose of military plunder. Hence the English who +returned from the expedition to Castile complained bitterly that in the +large towns where they expected to find everything, there was nothing +but wines, lard, and empty coffers; but that it was quite otherwise +in France, where they had often found in the cities taken in war such +wealth and riches as astonished them; it was in a war with France +therefore that it behoved them to hazard their lives, for it was very +profitable, not in a war with Castile or Portugal, where there was +nothing but poverty and loss to be suffered.[62] + +With this evidence from Froissart may be compared a passage from Philip +de Commines, where he says, in speaking of Louis XI. towards the end of +the following century: ‘Our master was well aware that the nobility, +clergy, and commons of England are always ready to enter upon a war +with France, not only on account of their old title to its crown, but +by the desire of gain, for it pleased God to permit their predecessors +to win several memorable battles in this kingdom, and to remain in +possession of Normandy and Guienne for the space of 350 years, ... +during which time they carried over enormous booty into England. Not +only in plunder which they had taken in the several towns, but in the +richness and quality of their prisoners, who were most of them great +princes and lords, and paid them vast ransoms for their liberty; so +that every Englishman afterwards hoped to do the same thereby and +return home laden with spoils.’[63] + +Such, then, were the antecedents of the evil custom of war which has +descended to our own time; and we shall have taken the first step to +its abolition when we have thus learnt to read its real descent and +place in history, and to reject as pure hallucination the idea that +in the warfare of the past any more than of the present there was +anything noble or great or glorious. That brave deeds were often done +and noble conduct sometimes displayed in it must not blind us to its +other and darker features. It was a warfare in which not even women and +children were safe from the sword or lance of the knight or soldier; +nor sacred buildings exempt from their rage. It was a warfare in +which the occasional mercy shown had a mercenary taint; in which the +defeated were only spared for their ransom; and in which prisoners were +constantly liable to torture, mutilation, and fetters. Above all, it +was a warfare in which men fought more from a sordid greed of gain than +from any love or attachment to their king or country, so that all sense +of loyalty would speedily evaporate if a king like Richard II. chanced +to wish to live peaceably with his neighbours. + +It is not unimportant to have thus shown the warfare of chivalry in its +true light. For it is the delusion with regard to it, which more than +anything else keeps alive those romantic notions about war and warriors +that are the most fatal hindrance to removing both from the face of the +earth. We clearly drive militarism to its last defences, if we deprive +it of every period and of almost every name on which it is wont to rely +as entitling it to our admiration or esteem. + + + + +CHAPTER III. + +NAVAL WARFARE. + + _Una et ea vetus causa bellandi est profunda cupido imperii et + divitiarum._--SALLUST. + + Robbery the first object of maritime warfare--The piratical origin + of European navies--Merciless character of wars at sea--Fortunes + made by privateering in England--Privateers commissioned by + the State--Privateers defended by the publicists--Distinction + between privateering and piracy--Failure of the State to regulate + privateering--Privateering condemned by Lord Nelson--Privateering + abolished by the Declaration of Paris in 1856--Modern feeling + against seizure of private property at sea--Naval warfare in days + of wooden ships--Unlawful methods of maritime war--The Emperor + Leo VI.’s ‘Treatise on Tactics’--The use of fire-ships--Death + the penalty for serving in fire-ships--Torpedoes originally + regarded as ‘bad’ war--English and French doctrine of rights of + neutrals--Enemy’s property under neutral flag secured by Treaty of + Paris--Shortcomings of the Treaty of Paris with regard to:--(1) + A definition of what is contraband; (2) The right of search of + vessels under convoy; (3) The practice of embargoes; (4) The _jus + angariæ_--The International Marine Code of the future. + + +The first striking difference between military and naval warfare is +that, while--in theory, at least--the military forces of a country +confine their attacks to the persons and power of their enemy, the +naval forces devote themselves primarily to the plunder of his +property and commerce. If on land the theory of modern war exempts +from spoliation all of an enemy’s goods that do not contribute to his +military strength, on sea such spoliation is the professed object of +maritime warfare. And the difference, we are told, is ‘the necessary +consequence of the state of war, which places the citizens or subject +of the belligerent states in hostility to each other, and prohibits +all intercourse between them,’[64] although the very reason for the +immunity of private property on land is that war is a condition of +hostility between the military forces of two countries, and not between +their respective inhabitants.[64] + +Writers on public law have invented many ingenious theories to explain +and justify, on rational grounds, so fundamental a difference between +the two kinds of warfare. ‘To make prize of a merchant ship,’ says +Dr. Whewell, ‘is an obvious way of showing (such a ship) that its own +State is unable to protect it at sea, and thus is a mode of attacking +the State;’[65] a reason that would equally justify the slaughter +of nonagenarians. According to Hautefeuille, the differences flows +naturally from the conditions of hostilities waged on different +elements, and especially from the absence at sea of any fear of a +rising _en masse_ which, as it may be the result of wholesale robbery +on land, serves to some extent as a safeguard against it.[66] + +A simpler explanation may trace the difference to the maritime Piracy +which for many centuries was the normal relation between the English +and Continental coasts, and out of which the navies of Europe were +gradually evolved. Sir H. Nicolas, describing the naval state of the +thirteenth and early part of the fourteenth century, proves by abundant +facts the following picture of it: ‘During a truce or peace ships were +boarded, plundered, and captured by vessels of a friendly Power as if +there had been actual war. Even English merchant ships were attacked +and robbed as well in port as at sea by English vessels, and especially +by those of the Cinque Ports, which seem to have been nests of robbers; +and, judging from the numerous complaints, it would appear that a +general system of piracy existed which no government was strong enough +to restrain.’[67] + +The governments of those days were, however, not only not strong +enough to restrain, but, as a rule, only too glad to make use of these +pirates as auxiliaries in their wars with foreign Powers. Some English +ships carrying troops to France having been dispersed by a storm, the +sailors of the Cinque Ports were ordered by Henry III., in revenge, to +commit every possible injury on the French; a commission undertaken +with such zeal on their part that they slew and plundered not only all +the foreigners they could catch, but their own countrymen returning +from their pilgrimages (1242). During the whole reign of Henry IV. +(1399-1413), though there existed a truce between France and England, +the ordinary incidents of hostilities continued at sea just as if the +countries had been at open war.[68] The object on either side was +plunder and wanton devastation; nor from their landing on each other’s +coasts, burning each other’s towns and crops, and carrying off each +other’s property, did the country of either derive the least benefit +whatever. The monk of St. Denys shows that these pirates were really +the mariners on whom the naval service of England chiefly depended in +time of war, for he says, in speaking of this period: ‘The English +pirates, discontented with the truce and unwilling to abandon their +profitable pursuits, determined to infest the sea and attack merchant +ships. Three thousand of the most skilful sailors of England and +Bayonne had confederated for that purpose, and, as was supposed, with +the approbation of their king.’ It was not till the year 1413 that +Henry V. sought to put a stop to the piratical practices of the English +marine, and he then did so without requiring a reciprocal endeavour on +the part of the other countries of Europe.[69] + +Maritime warfare being thus simply an extension of maritime piracy, the +usages of the one naturally became the usages of the other; the only +difference being that in time of war it was with the licence and pay of +the State, and with the help of knights and squires, that the pirates +carried on their accustomed programme of incendiarism, massacres, and +robberies. + +From this connection, therefore, a lower character of warfare prevailed +from the first on sea than on land, and the spirit of piracy breathed +over the waters. No more mercy was shown by the regular naval service +than was shown by pirates to the crew of a captured or surrendered +vessel, for wounded and unwounded alike were thrown into the sea. When +the fleet of Breton pirates defeated the English pirates in July 1403, +and took 2,000 of them prisoners, they threw overboard the greater +part of them;[70] and in the great sea-fight between the English and +Spanish fleets of 1350, the whole of the crew of a Spanish ship that +surrendered to the Earl of Lancaster were thrown overboard, ‘according +to the barbarous custom of the age.’[71] + +Two other stories of that time still further display the utter want +of anything like chivalrous feeling in maritime usages. A Flemish +ship, on its way to Scotland, having been driven by a storm on the +English coast, near the Thames, and its crew having been slain by the +inhabitants, the king rewarded the assassins with the whole of the +cargo, and kept the ship and the rigging for himself (1318).[72] In +1379, when a fleet of English knights, under Sir John Arundel, on its +way to Brittany, was overtaken by a storm, and the jettison of other +things failed to relieve the vessels, sixty women, many of whom had +been forced to embark, were thrown into the sea.[73] + +The piratical origin, therefore, of the navies of Europe sufficiently +explains the fact that plunder, which is less the rule than an incident +of war on land, remains its chief object and feature at sea. The fact +may further be explained by the survival of piracy long sanctioned by +the States under the guise of Privateering. If we would understand the +popularity of wars in England in the old privateering days, we must +recall the magnificent fortunes which were often won as prize-money in +the career of legalised piracy. During the war which was concluded in +1748 by the treaty of Aix-la-Chapelle, England captured of French and +Spanish ships collectively 3,434, whilst she herself lost 3,238; but, +small compensation as this balance of 196 ships in her favour may seem +after a contest of some nine years, the pecuniary balance in her favour +is said to have amounted to 2,000,000_l._[74] + +We now begin to see why our forefathers rang their church bells at the +announcement of war, as they did at the declaration of this one against +Spain. War represented to large classes what the gold mines of Peru +represented to Spain--the best of all possible pecuniary speculations. +In the year 1747 alone the English ships took 644 prizes; and of what +enormous value they often were! Here is a list of the values which the +cargoes of these prizes not unfrequently reached: + + That of the ‘Héron,’ a French ship, 140,000_l._ + That of the ‘Conception,’ a French ship, 200,000_l._ + That of ‘La Charmante,’ a French East Indiaman, 200,000_l._ + That of the ‘Vestal,’ a Spanish ship, 140,000_l._ + That of the ‘Hector,’ a Spanish ship, 300,000_l._ + That of the ‘Concordia,’ a Spanish ship, 600,000_l._[75] + +Two Spanish register ships are recorded to have brought in 350_l._ +to every foremast man who took part in their capture. In 1745 three +Spanish vessels returning from Peru having been captured by three +privateersmen, the owners of the latter received to their separate +shares the sum of 700,000_l._, and every common seaman 850_l._ Another +Spanish galleon was taken by a British man-of-war with a million +sterling in bullion on board. + +These facts suffice to dispel the wonder we might otherwise feel at +the love our ancestors had for mixing themselves up, for any pretext +or for none, in hostilities with Continental Powers. Our policy was +naturally spirited, when it meant chances like these for all who lacked +either the wit or the will to live honestly, and returns like these on +the capital invested in the patriotic equipment of a few privateers. +But what advantage ultimately accrued to either side, after deduction +made for all losses and expenses, or how far these national piracies +contributed to the speedier restoration of peace, were questions that +apparently did not enter within the range of military reasoning to +consider. + +Everything was done to make attractive a life of piracy spent in the +service of the State. Originally every European State claimed some +interest in the prizes it commissioned its privateers to take; but the +fact that each in turn surrendered its claim proves the difficulty +there was in getting these piratical servants to submit their plunder +to the adjudication of the prize-courts. Originally all privateers +were bound to deliver captured arms and ammunition to their sovereign, +and to surrender a percentage of their gains to the State or the +admiral; but it soon came to pass that sovereigns had to pay for the +arms they might wish to keep, and that the percentage deducted was +first diminished and then abolished altogether. At first 30 per cent. +was deducted in Holland, which fell successively to 18 per cent., to +10 per cent., to nothing; and in England the 10 per cent. originally +due to the admiral was finally surrendered.[76] The crew also enjoyed +an additional prize of money for every person slain or captured on an +enemy’s man-of-war or privateer, and for every cannon in proportion to +its bore.[77] + +Of all the changes of opinion that have occurred in the world’s +history, none is more instructive than that which gradually took place +concerning privateering, and which ended in its final renunciation by +most of the maritime Powers in the Declaration of Paris in 1856. + +The weight of the publicists’ authority was for long in its favour. +Vattel only made the proviso of a just cause of war the condition for +reconciling privateering with the comfort of a good conscience.[78] +Valin defended it as a patriotic service, in that it relieved the State +from the expense of fitting out war-vessels. Emerigon denounced the +vocation of pirates as infamous, while commending that of privateers +as honest and even glorious. And for many generations the distinction +between the two was held to be satisfactory, that the privateer acted +under the commission of his sovereign, the pirate under no one’s but +his own. + +Morally, this distinction of itself proved little. Take the story of +the French general Crillon, who, when Henri III. proposed to him to +assassinate the Duc de Guise, is said to have replied, ‘My life and my +property are yours, Sire; but I should be unworthy of the French name +were I false to the laws of honour.’ Had he accepted the commission, +would the deed have been praiseworthy or infamous? Can a commission +affect the moral quality of actions? The hangman has a commission, +but neither honour nor distinction. Why, then, should a successful +privateer have been often decorated with the title of nobility or +presented with a sword by his king?[79] + +Historically, the distinction had even less foundation. In olden times +individuals carried on their own robberies or reprisals at their own +risk; but their actions did not become the least less piratical when, +about the thirteenth century, reprisals were taken under State control, +and became only lawful under letters of marque duly issued by a +sovereign or his admirals. In their acts, conduct, and whole procedure, +the commissioned privateers of later times differed in no discernible +respects from the pirates of the middle ages, save in the fact of being +utilised by the State for its supposed benefit: and this difference, +only dating as it did from the time when the prohibition to fit out +cruisers in time of war without public authority first became common, +was evidently one of date rather than of nature. + +Moreover, the attempt of the State to regulate its piratical service +failed utterly. In the fourteenth century it was customary to make +the officers of a privateer swear not to plunder the subjects of the +commissioning belligerent, or of friendly Powers, or of vessels +sailing under safe-conducts; in the next century it became necessary, +in addition to this oath, to insist on heavy pecuniary sureties;[80] +and such sureties became common stipulations in treaties of peace. +Nearly every treaty between the maritime Powers after about 1600 +contained stipulations in restraint of the abuses of privateering; +on the value of which, the complaints that arose in every war that +occurred of privateers exceeding their powers are a sufficient comment. +The numerous ordinances of different countries threatening to punish +as pirates all privateers who were found with commissions from _both_ +belligerents, give us a still further insight into the character of +those servants of the State. + +In fact, so slight was the distinction founded on the possession of +a commission, that even privateers with commissions were sometimes +treated as actual pirates and not as legitimate belligerents. In the +seventeenth century, the freebooters and buccaneers who ravaged the +West Indies, and who consisted of the outcasts of England and the +Continent, though they were duly commissioned by France to do their +utmost damage to the Spanish colonies and commerce in the West Indies, +were treated as no better than pirates if they happened to fall into +the hands of the Spaniards. And especially was this distinction +disallowed if there were any doubt concerning the legitimacy of the +letters of marque. England, for instance, refused at first to treat +as better than pirates the privateers of her revolted colonists in +America; and in the French Revolution she tried to persuade the Powers +of Europe so to deal with privateers commissioned by the republican +government. Russia having consented to this plan, its execution was +only hindered by the honourable refusal of Sweden and Denmark to accede +to so retrograde an innovation.[81] + +An illusory distinction between the prize of a pirate and that of +a privateer was further sustained by the judicial apparatus of the +prize-court. The rights of a captor were not complete till a naval +tribunal of his own country had settled his claims to the ships or +cargo of an enemy or neutral. By this device confiscation was divested +of its likeness to plunder, and a thin veneer of legality was laid on +the fundamental lawlessness of the whole system. Were it left to the +wolves to decide on their rights to the captured sheep, the latter +would have much the same chance of release as vessels in a prize-court +of the captor. A prize-court has never yet been equally representative +of either belligerent, or been so constituted as to be absolutely +impartial between either. + +But, even granted that a prize-court gave its verdicts with the +strictest regard to the evidence, of what nature was that evidence +likely to be when it came chiefly from the purser on board the +privateer, whose duty it was to draw up a verbal process of the +circumstances of every visit or capture, and who, as he was paid and +nominated by the captain of the privateer, was dependent for his +profits in the concern on the lawfulness of the prizes? How easy to +represent that a defenceless merchant vessel had offered resistance to +search, and that therefore by the law of nations she and her cargo +were lawful prize! How tempting to falsify every circumstance that +really attended the capture, or that legally affected the captors’ +rights to their plunder! + +These aspects of privateering soon led unbiassed minds to a sounder +judgment about it than was discernible in received opinion. Molloy, an +English writer, spoke of it, as long ago as 1769, as follows: ‘It were +well they (the privateers) were restrained by consent of all princes, +since all good men account them but one remove from pirates, who +without any respect to the cause, or having any injury done them, or so +much as hired for the service, spoil men and goods, making even a trade +and calling of it.’[82] Martens, the German publicist, at the end of +the same century, called privateering a privileged piracy; but Nelson’s +opinion may fairly count for more than all; and of his opinion there +remains no doubt whatever. In a letter dated August 7, 1804, he wrote: +‘If I had the least authority in controlling the privateers, whose +conduct is so disgraceful to the British nation, I would instantly take +their commissions from them.’ In the same letter he spoke of them as +a horde of sanctioned robbers;[83] and on another occasion he wrote: +‘The conduct of all privateering is, as far as I have seen, so near +piracy, that I only wonder any civilised nation can allow them. The +lawful as well as the unlawful commerce of the neutral flag is subject +to every violation and spoliation.’[84] Yet it was for the sake of +such spoliation, which England chose to regard as her maritime right +and to identify with her maritime supremacy, that, under the pretext +of solicitude for the liberties of Europe, she fought her long war +with France, and made herself the enemy in turn of nearly every other +civilised Power in the world. + +The Declaration of Paris, the first article of which abolished +privateering between the signatory Powers, was signed by Lord Clarendon +on behalf of England; but on the ground that it was not formally a +treaty, never having been ratified by Parliament or the Crown, it has +actually been several times proposed in the English Parliament to +violate the honour of England by declaring that agreement null and +void.[85] Lord Derby, in reference to such proposals, said in 1867: +‘We have given a pledge, not merely to the Powers who signed with +us, but to the whole civilised world.’ This was the language of real +patriotism, which esteems a country’s honour its highest interest; the +other was the language of the plainest perfidy. In November 1876, the +Russian Government was also strongly urged, in the case of war with +England, to issue letters of marque against British commerce, in spite +of the international agreement to the contrary.[86] It is not likely +that it would have done so; but these motions in different countries +give vital interest to the history of privateering as one of the +legitimate modes of waging war. + +Moreover, since neither Spain, the United States, nor Mexico signed +the Declaration of Paris, war with any of them would revive all the +atrocities and disputes that have embittered previous wars in which +England has been engaged. The precedent of former treaties, such as +that between Sweden and the United Provinces in 1675, the United States +and Prussia in 1785, and the United States and Italy in 1871, by which +either party agreed in the event of war not to employ privateers +against the other, affords an obvious sample of what diplomacy might +yet do to diminish the chances of war between the signatory and the +non-signatory Powers. + +The United States would have signed the Declaration of Paris if it had +exempted the merchant vessels of belligerents as well from public armed +vessels as from privateers: and this must be looked to as the next +conquest of law over lawlessness. Russia and several other Powers were +ready to accept the American amendment, which, having at first only +fallen through owing to the opposition of England, was subsequently +withdrawn by America herself. Nevertheless, that amendment remains the +wish not only of the civilised world, but of our own merchants, whose +carrying trade, the largest in the world, is, in the event of England +becoming a belligerent, in danger of falling into the hands of neutral +countries. In 1858 the merchants of Bremen drew up a formal protest +against the right of ships of war to seize the property and ships of +merchants.[87] In the war of 1866 Prussia, Italy, and Austria agreed +to forego this time-honoured right of mutual plunder; and the Emperor +of Germany endeavoured to establish the same limitation in the war of +1870. The old maxim of war, of which the custom is a survival, has +long since been disproved by political economy--the doctrine, namely, +that a loss to one country is a gain to another, or that one country +profits by the exact extent of the injury that it effects against the +property of its adversary. Having lost its basis in reason, it only +remains to remove it from practice. + +If we turn for a moment from this aspect of naval warfare to the actual +conduct of hostilities at sea, the desire to obtain forcible possession +of an enemy’s vessels must clearly have had a beneficial effect in +rendering the loss of life less extensive than it was in battles on +land. To capture a ship, it was desirable, if possible, to disable +without destroying it; so that the fire of each side was more generally +directed against the masts and rigging than against the hull or lower +parts of the vessel. In the case of the ‘Berwick,’ an English 74-gun +ship, which struck her colours to the French frigate, the ‘Alceste,’ +only four sailors were wounded, and the captain, whose head was taken +off by a bar-shot, was the only person slain; and ‘so small a loss was +attributed to the high firing of the French, who, making sure of the +‘Berwick’s’ capture, and wanting such a ship entire in their fleet, +were wise enough to do as little injury as possible to her hull.’[88] +The great battle between the English and Dutch fleets off Camperdown +(1795) was exceptional both for the damage inflicted by both on the +hulls of their adversaries, and consequently for the heavy loss of +life on either side. ‘The appearance of the British ships at the close +of the action was very unlike what it generally is when the French +or Spaniards have been the opponents of the former. Not a single mast +nor even a top-mast was shot away; nor were the rigging and sails of +the ships in their usual tattered state. It was at the hulls of their +adversaries that the Dutchmen had directed their shot.’[89] As the +English naturally retaliated, though ‘as trophies the appearance of +the Dutch prizes was gratifying,’ as ships of war ‘they were not the +slightest acquisition to the navy of England.’[90] + +When this happened, as it could not but often do in pitched naval +battles, the Government sometimes made good to the captors the value of +the prizes that the serious nature of the conflict had caused them to +lose. Thus in the case of the six French prizes made at the Battle of +the Nile, only three of which ever reached Plymouth, the Government, +‘in order that the captors might not suffer for the prowess they had +displayed in riddling the hulls of the captured ships, paid for each of +the destroyed 74s, the “Guerrier,” “Heureux,” and “Mercure,” the sum of +20,000_l._, which was as much as the least valuable of the remaining +74s had been valued at.’ + +It is curious to notice distinctions in naval warfare between lawful +and unlawful methods similar to those conspicuous on land. Such +projectiles as bits of iron ore, pointed stones, nails, or glass, are +excluded from the list of things that may be used in _good war_; and +the Declaration of St. Petersburg condemns explosive bullets as much +on one element as on the other. Unfounded charges by one belligerent +against another are, however, always liable to bring the illicit +method into actual use on both sides under the pretext of reprisals; +as we see in the following order of the day, issued at Brest by the +French Vice-Admiral Marshal Conflans (Nov. 8, 1759): ‘It is absolutely +contrary to the law of nations to make bad war, and to shoot shells at +the enemy, who must always be fought according to the rules of honour, +with the arms generally employed by polite nations. Yet some captains +have complained that the English have used such weapons against them. +It is, therefore, only on these complaints, and with an extreme +reluctance, that it has been resolved to embark hollow shells on +vessels of the line, but it is expressly forbidden to use them unless +the enemy begin.’[91] + +So the English in their turn charged the French with making bad +war. The wound received by Nelson at Aboukir, on the forehead, was +attributed to a piece of iron or a langridge shot.[92] And the wounds +that the crew of the ‘Brunswick’ received from the ‘Vengeur’ in the +famous battle between the French and English fleets in June 1794, are +said to have been peculiarly distressing, owing to the French employing +langridge shot of raw ore and old nails, and to their throwing +stinkpots into the portholes, which caused most painful burnings and +scaldings.[93] It is safest to discredit such accusations altogether, +for there is no limit to the barbarities that may come into play, in +consequence of too ready a credulity. + +Red-hot shot, legitimate for the defence of land forts against ships, +used not to be considered good war in the contests of ships with one +another. In the three hours’ action between the ‘Lively’ and the +‘Tourterelle,’ a French privateer, the use by the latter of hot-shot, +‘not usually deemed honourable warfare,’ was considered to be wrong, +but a wrong on the part of those who equipped her for sea more than +on the part of the captain who fired them.[94] The English assailing +batteries that fired red-hot shot against Glückstadt in 1813 are said +to have resorted to ‘a mode of warfare very unusual with us since the +siege of Gibraltar.’[95] + +The ‘Treatise on Tactics,’ by the Emperor Leo VI., carries back the +record of the means employed against an enemy in naval warfare to +the ninth century. The things he recommends as most effective are: +cranes, to let fall heavy weights on the enemy’s decks; caltrops, +with iron spikes, to wound his feet;[96] jars full of quicklime, +to suffocate him; jars containing combustibles, to burn him; jars +containing poisonous reptiles, to bite him; and Greek fire with its +noise like thunder, to frighten as well as burn him.[97] Many of these +methods were of immemorial usage; for Scipio knew the merits of jars +full of pitch, and Hannibal of jars full of vipers.[98] Nothing was +too bad for use in those days; nor can it be ascertained when or why +they ceased to be used. Greek fire was used with great effect in the +sea-battles between the Saracens and Christians; and it is a fair cause +for wonder that the invention of gunpowder should have so entirely +superseded it as to cause its very manufacture to have been forgotten. +Neither does history record the date of, nor the reason for, the disuse +of quicklime, which in the famous fight off Dover in 1217 between +the French and English contributed so greatly to the victory of the +latter.[99] + +It is difficult to believe that sentiments of humanity should have +caused these methods to be discarded from maritime hostilities; but +that such motives led to a certain mitigation in the use of fire-ships +appears from a passage in Captain Brenton’s ‘Naval History,’ where he +says: ‘The use of fire-ships has long been laid aside, to the honour of +the nation which first dispensed with this barbarous aggravation of the +horrors of war.’ That is to say, as he explains it, though fire-ships +continued to accompany the fleets, they were only used in an anchorage +where there was a fair chance of the escape of the crew against which +they were sent; they ceased to be used, as at one time, to burn or +blow up disabled ships, which the conqueror dared not board and carry +into port, and which were covered with the wounded and dying. The last +instance in which they were so used by the English was in the fight +off Toulon, in 1744; and their use on that occasion is said to have +received merited reproach from an historian of the day.[100] + +As the service of a fire-ship was one that required the greatest +bravery and coolness--since it was, of course, attacked in every +possible way, and it was often difficult to escape by the boat chained +behind it--it displays the extraordinary inconsistency of opinion about +such matters that it should have been accounted rather a service of +infamy than of honour. Molloy, in 1769, wrote of it as the practice of +his day to put to death prisoners made from a fire-ship: ‘Generally +the persons found in them are put to death if taken.’[101] And another +writer says: ‘Whether it be from a refined idea, or from the most +determined resentment towards those who act in fire-ships, may be +difficult to judge; but there is rarely any quarter given to such as +fall into the enemy’s power.’[102] + +Clock-machines, or torpedoes, were introduced into European warfare by +the English, being intended to destroy Napoleon’s ships at Boulogne in +1804. It is remarkable that the use of them was at first reprobated by +Captain Brenton, and by Lord St. Vincent, who foresaw that other Powers +would in turn adopt the innovation.[103] The French, who picked up some +of them near Boulogne, called them infernal machines. But at present +they seem fairly established as part of good warfare, in default of any +international agreement against them, such as that which exists against +explosive bullets. + +The same International Act which abolished privateering between the +signatory Powers settled also between them two other disputed points +which for centuries were a frequent cause of war and jealousy--namely, +the liability of the property of neutrals to be seized when found in +the ships of an enemy, and of the property of an enemy to be seized +when found in the ships of a neutral. + +Over the abstract right of belligerents so to deal with the ships +or property of neutral Powers the publicists for long fought a +battle-royal, contending either that a neutral ship should be regarded +as neutral territory, or that an enemy’s property was lawful prize +anywhere. Whilst the French or Continental theory regarded the +nationality of the vessel rather than of its cargo, so that the goods +of a neutral might be fairly seized on an enemy’s vessel, but those +of an enemy were safe even in a neutral ship; the English theory was +diametrically the opposite, for the Admiralty restored a neutral’s +property taken on an enemy’s vessel, but confiscated an enemy’s goods +if found on a neutral vessel. This difference between the English +rule and that of other countries was a source of endless contention. +Frederick II. of Prussia, in 1753, first resisted the English claim to +seize hostile property sailing under a neutral flag. Then came against +the same claim the first Armed Neutrality of 1780, headed by Russia, +and again in 1801 the second armed coalition of the Northern Powers. +The difference of rule was, therefore, as such differences always must +be, a source of real weakness to England, on account of the enemies it +raised against her all over the world. Yet the Continental theory of +free ships making free goods was considered for generations to be so +adverse to the real interests of England, that Lord Nelson, in 1801, +characterised it in the House of Lords as ‘a proposition so monstrous +in itself, so contrary to the law of nations, and so injurious to the +maritime interests of England, as to justify war with the advocates +of such a doctrine, so long as a single man, a single shilling, or a +single drop of blood remained in the country.’[104] The Treaty of Paris +has made binding the Continental rule, and in spite of Lord Nelson free +ships now make free goods. + +The fact, therefore, that if England were now at war with France she +could not take French property (unless it were contraband) from a +Russian or American ship, we owe not to the publicists who were divided +about it, nor to naval opinion which was decided against it, but to the +accidental alliance between France and England in the Crimean war. In +order to co-operate together, each waived its old claim, according to +which France would have been free to seize the property of a neutral +found on Russian vessels, and England to seize Russian property on the +vessels of a neutral. As the United States and other neutral Powers +as well would probably have resisted by arms the claim of either so +to interfere with their neutrality, the mutual concession was one of +common prudence; and as the same opposition would have been perennial, +it was no great sacrifice on the part of either to perpetuate and +extend by a treaty at the close of the war the agreement that at first +was only to last for its continuance. + +Much, however, as that treaty has done for the peace of the world, by +assimilating in these respects the maritime law of nations, it has left +many customs unchanged to challenge still the attention of reformers. +It is therefore of some practical interest to consider of what nature +future changes should be, inasmuch as, if we cannot agree to cease from +fighting altogether, the next best thing we can do is to reduce the +pretexts for it to as few as possible. + +The reservation, then, in favour of confiscating property that is +contraband of war has left the right of visiting and searching neutral +or hostile merchantmen for contraband untouched; though nothing has +been a more fruitful source of quarrel than the want of a common +definition of what constitutes contraband. Anything which, without +further manipulation, adds directly to an enemy’s power, as weapons +of war, are contraband by universal admission; but whether corn and +provisions are, as some text-writers assert and others deny; whether +coined money, horses, or saddles are, as was decided in 1863 between +the Northern Powers of Europe; whether tar and pitch for ships are, as +was disputed between England and Sweden for 200 years; whether coal +should be, as Prince Bismarck claimed against England in 1870; or +whether rice is a war-threatening point of difference between England +and France in this very year of grace; these are questions that remain +absolutely undecided, or are left to the treaties between the several +Powers or the arbitrary caprice of belligerents. + +The Declaration of Paris was equally silent as to the right (demanded +by all the Powers save England) for ships of war, which have always +been exempt from search, to exempt from search also the merchant +vessels sailing under their convoy. So fundamental a divergence between +the maritime usages of different countries can only be sustained under +the peril of incurring hostility and war, without any corresponding +advantage in compensation. + +The Declaration of Paris has also left untouched the old usage of +embargoes. A nation wronged by another may still seize the vessels of +that other which may be in its ports, in order to secure attention to +its claims; restoring them in the event of a peaceable settlement, +but confiscating them if war ensues. The resemblance of this practice +of hostile embargo to robbery, ‘occurring as it does in the midst of +peace ... ought,’ says an American jurist, ‘to make it disgraceful and +drive it into disuse.’[105] It would be as reasonable to seize the +persons and property of all the merchants resident in the country, as +used to be done by France and England. In 1795, Holland, having been +conquered by France, became thereby an enemy of England. Accordingly, +‘orders were issued to seize all Dutch vessels in British ports;’ in +virtue of which, several gun-ships and between fifty and sixty merchant +vessels in Plymouth Sound were detained by the port admiral.[106] It is +difficult to conceive anything less defensible as a practice between +civilised States. + +It equally descends from the barbarous origin of maritime law that all +ships of an enemy wrecked on our coast, or forced to take refuge in our +harbours by stress of weather or want of provisions, or in ignorance +of the existence of hostilities, should become ours by right of war. +There are generous instances to the contrary. The Spanish Governor of +Havana in 1746, when an English vessel was driven into that hostile +port by stress of weather, refused to seize the vessel and take the +captain prisoner; and so did another Spanish governor in the case of +an English vessel whose captain was ignorant that Honduras was hostile +territory. But these cases are the exception; the rule being, that a +hostile Power avails itself of a captain’s ignorance or distress to +make him a prisoner and his ship a prize of war; another proof, if +further needed, how very little magnanimity really enters into the +conduct of hostilities. + +It is a still further abuse of the rights of war that a belligerent +State may do what it pleases, not only with all the vessels of its +own subjects, but with all those of neutrals as well which happen to +be within its jurisdiction at the beginning of a war; that it may, on +paying the owners the value of their freight beforehand, confiscate +such vessels and compel them to serve in the transport of its troops +or its munitions of war. Yet this is the so-called _jus angariæ_, to +which Prince Bismarck appealed when in the war with France the Germans +sank some British vessels at the mouth of the Seine.[107] It is true we +received liberal compensation, but the right is none the less one which +all the Powers are interested in abolishing. + +If, then, from the preceding retrospect it appears that whatever +advance we have made on the maritime usages of our ancestors has been +due solely to international agreement, and to a friendly concert +between the chief Powers of the world, acting with a view to their +permanent and collective interests, the inference is evidently in +favour of any further advance being only possible in the same way. The +renunciations of each Power redound to the benefit of each and all; +nor can the gain of the world involve any real loss for the several +nations that compose it. We shall therefore, perhaps, not err far from +the truth, if we imagine the following articles, in complement of those +formulated in Paris in 1856, to constitute the International Marine +Code which will be found in the future to be most calculated to remove +sources of contention between nations, and best adapted, therefore, to +the permanent interests of the contracting parties: + + 1. Privateering is and remains abolished. + + 2. The merchant vessels and cargoes of belligerents shall be exempted + from seizure and confiscation. + + 3. The colonies of either belligerent shall be excluded from the field + of legitimate hostilities, and the neutrality of their territory + shall extend to their ships and commerce. + + 4. The right of visiting and searching neutral or hostile merchantmen + for contraband of war shall be abolished. + + 5. Contraband of war shall be defined by international agreement; and + to deal in such contraband shall be made a breach of the civil + law, prohibited and punished by each State as a violation of its + proclamation of neutrality. + + 6. Except in the case of contraband as aforesaid, all trade shall + be lawful between the subjects of either belligerent, since + individuals are no more involved in the quarrel between their + respective governments at sea than they are on land. + + 7. The only limitation to commerce shall be so effective a blockade of + an enemy’s ports as shall render it impossible for ships to enter + or leave them; and the mere notification that a port is blockaded + shall not justify the seizure of ships that have sailed from, or + are sailing to, them in any part of the world. + + 8. The right to lay hostile embargoes on the ships of a friendly + Power, by reason of a dispute arising between them, shall be + abolished. + + 9. The right to confiscate or destroy the ships of a friendly Power + for the service of a belligerent State, the _jus angariæ_, shall be + abolished. + +What, then, would remain for the naval forces of maritime Powers to do? +Everything, it may be replied, which constitutes legitimate warfare, +and conforms to the elementary conception of a state of hostility; the +blockading of hostile ports, and all the play of attack and defence +that may be imagined between belligerent navies. Whatsoever is more +than this--the plunder of an enemy’s commerce, embargoes on his ships, +the search of neutral vessels--not only cometh of piracy, as has been +shown, but is in fact piracy itself, without any necessary connection +with the conduct of legitimate hostilities. + + + + +CHAPTER IV. + +MILITARY REPRISALS. + + _Si quis clamet iniquum non dare pœnas qui peccavit, respondeo + multo esse iniquius tot innocentium millia citra meritum in + extremam vocari calamitatem._--ERASMUS. + + International law on legitimate reprisals--The Brussels Conference + on the subject--Illustrations of barbarous reprisals--Instances + of non-retaliation--Savage reprisals in days of chivalry--Hanging + the commonest reprisals for a brave defence, as illustrated by the + warfare of the fifteenth century--Survival of the custom to our own + times--The massacre of a conquered garrison still a law of war--The + shelling of Strasburg by the Germans--Brutal warfare of Alexander + the Great--The connection between bravery and cruelty--The + abolition of slavery in its effects on war--The storming of + Magdeburg, Brescia, and Rome--Cicero on Roman warfare--The + reprisals of the Germans in France in 1870--Their revival of the + custom of taking hostages--Their resort to robbery as a plea + of reprisals--General Von Moltke on perpetual peace--The moral + responsibility of the military profession--The Press as a potent + cause of war--Plea for the abolition of demands for unconditional + surrender, such as led to the bombardment of Alexandria in 1882. + + +On no subject connected with the operations of war has International +Law come as yet to lamer conclusions than concerning Military +Reprisals, or the revenge that may be fairly exacted by one belligerent +from the other for violation of the canons of honourable warfare. + +General Halleck, for instance, whilst as against an enemy who puts in +force the extreme rights of war he justifies a belligerent in following +suit, denies the right of the latter to do so against an enemy who +passes all bounds and conducts war in a downright savage fashion. +Whilst therefore, according to him, the law of retaliation would never +justify such acts as the massacre of prisoners, the use of poison, or +promiscuous slaughter, he would consider as legitimate reprisals acts +like the sequestration by Denmark of debts due from Danish to British +subjects in retaliation for the confiscation by England of the Danish +fleet in 1807, or Napoleon’s seizure of all English travellers in +France in retaliation for England’s seizure and condemnation of French +vessels in 1803.[108] And a French writer, in the same spirit, denies +that the French Government would have been justified in retaliating on +Russia, when the Czar had his French prisoners of war consigned to the +mines of Siberia.[109] + +The distinction is clearly untenable on any rational theory of the laws +of retributive justice. You may retaliate for the lesser, but not for +the greater injury! You may check resort to infamous hostilities by the +threat of reprisals, but must fold your hands and submit, if your enemy +becomes utterly barbarous! You may restrain him from burning your crops +by burning his, but must be content to go without redress if he slays +your wives and children! + +How difficult the question really is appears from the attempt made +to settle it at the Brussels Conference of 1874, when the following +clauses formed part of the original Russian project submitted to the +consideration of that meeting: + +_Section IV._ 69. ‘Reprisals are admissible in extreme cases only, due +regard being paid as far as possible to the laws of humanity when it +shall have been unquestionably proved that the laws and customs of war +have been violated by the enemy, and that they have had recourse to +measures condemned by the law of nations.’ + +70. ‘The selection of the means and extent of the reprisals should be +proportionate to the degree of the infraction of the law committed by +the enemy. Reprisals that are disproportionately severe are contrary to +the rules of international law.’ + +71. ‘Reprisals should be allowed only on the authority of the +commander-in-chief, who shall likewise determine the degree of their +severity and their duration.’ + +The delicacy of dealing with such a subject, when the memories of +the Franco-German war were still fresh and green, led ultimately to +a unanimous agreement to suppress these clauses altogether, and to +leave the matter, as the Belgian deputy expressed it, in the domain +of unwritten law till the progress of science and civilisation should +bring about a completely satisfactory solution. Nevertheless, the +majority of men will be inclined, in reference to this resolution, +to say with the Russian Baron Jomini, the skilful President of that +Military Council: ‘I regret that the uncertainty of silence is to +prevail with respect to one of the most bitter necessities of war. +If the practice could be suppressed by this reticence, I could not +but approve of this course; but if it is still to exist among the +necessities of war, this reticence and this obscurity may, it is to be +feared, remove any limits to its existence.’ + +The necessity of some regulation of reprisals, such as that contained +in the clauses suggested at Brussels, is no less attested by the events +of the war of 1870 than by the customs in this respect which have at +all times prevailed, and which, as earlier in time, form a fitting +introduction to those later occurrences. + +That the fear of reprisals should act as a certain check upon the +character of hostilities is too obvious a consideration not to have +always served as a wholesome restraint upon military licence. When, for +instance, Philip II. of Spain in his war with the Netherlands ordered +that no prisoners of war should be released or exchanged, nor any +contributions be accepted as an immunity from confiscation, the threat +of retaliation led to the withdrawal of his iniquitous proclamation. +Nor would other similar instances be far to seek. + +Nevertheless, it is evident that, as seldom as war itself is prevented +by consideration of the forces in opposition, will its peculiar +excesses, which constitute its details, be restrained by the fear of +retaliatory measures; and inasmuch as the primary offence is more +often the creation of rumour than a proved fact, the usual result +of reprisals is, not that one belligerent amends its ways, but that +both belligerents become more savage and enter on a fatal career of +competitive atrocities. In the wars of the fifteenth century between +the Turks and Venetians, ‘Sultan Mahomet would not suffer his +soldiers to give quarter, but allowed them a ducat for every head, and +the Venetians did the same.’[110] When the Duke of Alva was in the +Netherlands, the Spaniards, at the siege of Haarlem, threw the heads of +two Dutch officers over the walls. The Dutch in return beheaded twelve +Spanish prisoners, and sent their heads into the Spanish trenches. +The Spaniards in revenge hung a number of prisoners in sight of the +besieged; and the latter in return killed more prisoners; and so it +went on during all the time that Alva was in the country, without the +least improvement resulting from such sanguinary reprisals.[111] At +the siege of Malta, the Grand Master, in revenge for some horrible +Turkish barbarities, massacred all his prisoners and shot their heads +from his cannon into the Turkish camp.[112] In one of the wars of Louis +XIV., the Imperialist forces having put to death a French lieutenant +and thirty troopers a few hours after having promised them quarter, +Feuquières, for reprisals, slew the whole garrison of two towns that he +won by surprise, though the number so slain in each instance amounted +to 650 men (1689).[113] + +To all these cases the question asked by Vattel very pertinently +applies: ‘What right have you to cut off the nose and ears of the +ambassador of a barbarian who has treated your ambassador in that +manner?’ The question is not an easy one to answer, for we have no more +right in war than in civil life to punish the innocent for the guilty +apart from the ordinary accidents of hostilities, even if otherwise +we must dispense with redress altogether. To do so by intention and +in cold blood is ferocious, whatever the pretext of justification, +and is never worth the passing gratification it affords. The citizens +of Ghent, in their famous war with the Earl of Flanders, not only +destroyed his house, but the silver cradle and bathing tub he had used +as a child and the very font in which he had been baptized; but such +reprisals are soon regretted, and read very pitiably in the eyes of the +after-world. + +It is pleasanter to record some instances where abstinence from +reprisals has not been without its reward. It is said that Cæsar in +Iberia, when, in spite of a truce, the enemy killed many of his men, +instead of retaliating, released some of his prisoners and thereby +brought the foe to regard him with favour. We read in Froissart that +the Lisboners refrained from retaliating on the Castilians, when the +latter mutilated their Portuguese prisoners; and the English Government +acted nobly when it refused to reciprocate the decree of the French +Convention (though that also was meant as a measure of reprisals) that +no English or Hanoverian prisoner should be allowed any quarter.[114] +But the best story of this kind is that told by Herodotus of Xerxes +the Persian. The Spartans had thrown into a well the Persian envoys who +had come to demand of them earth and water. In remorse they sent two of +their nobles to Xerxes to be killed in atonement; but Xerxes, when he +heard the purport of their visit, answered them that he would not act +like the Spartans, who by killing his heralds had broken the laws that +were regarded as sacred by all mankind, and that, of such conduct as he +blamed in them, he would never be guilty himself.[115] + +But the most curious feature in the history of reprisals is the fact +that they were once regarded as justly exacted for the mere offence +of hostile opposition or self-defence. Grotius states that it was the +almost constant practice of the Romans to kill the leaders of an enemy, +whether they had surrendered or been captured, on the day of triumph. +Jugurtha indeed was put to death in prison; but the more usual practice +appears to have been to keep conquered potentates in custody, after +they had been led in triumph before the consul’s chariot. This was the +fate of Perseus, king of Macedonia, who was also allowed to retain +his attendants, money, plate, and furniture;[116] of Gentius, king of +Illyria;[117] of Bituitus, king of the Arvernians. Prisoners of less +distinction were sold as slaves, or kept in custody till their friends +paid their ransom. + +But in the mediæval history of Europe, in the so-called times of +chivalry, a far worse spirit prevailed with regard to the treatment +of captives. Godfrey of Bouillon, one of the brightest memories of +chivalry, was responsible for the promiscuous slaughter of three days +which the Crusaders exacted for the six weeks’ siege which it had cost +them to take Jerusalem (1099). The Emperor Barbarossa had 1,190 Swabian +prisoners delivered to the executioner at Milan, or shot from military +engines.[118] Charles of Anjou reserved many prisoners, taken at the +battle of Beneventum, to be killed as criminals on his entrance into +Naples. When the French took the castle of Pesquière from the Venetians +by storm, they slew all but three who surrendered to the pleasure of +the king; and Louis XII., who counted for a humane monarch, though his +victims offered 100,000 ducats for their lives, swore that he would +neither eat nor drink till they were hanged (1509).[119] + +The indignation of the Roman Senate on one occasion with a consul +who had sold as slaves 10,000 Ligurian prisoners, though they had +surrendered at discretion,[120] was a sentiment that never affected the +warriors of mediæval Christendom. A surrender at discretion ceased to +constitute a claim for mercy. Where the pagan held it wrong to enslave, +the Christian never hesitated to kill. Froissart’s story of the six +citizens of Calais, whom Edward III. was with difficulty restrained +from hanging for the obstinate siege which their town had resisted, +throws a light over the war customs of that time, which other incidents +of history abundantly confirm. The record of the capitulations of +cities or garrisons is no pleasant one, but it is a record which must +be touched upon, in order that war and its still prevalent maxims may +be judged at their proper value. We need scarcely travel further than +the fifteenth century alone in search of facts to place in its proper +light this aspect of martial atrocities. + +When the town of Rouen surrendered to Henry V. of England, the latter +stipulated for three of the citizens to be left to his disposal, of +whom two purchased their lives, and the third was beheaded (1419).[121] +When the same king the year following was besieging the castle of +Montereau, he sent some twenty prisoners to treat with the governor +for a surrender; but when the governor refused to treat, even to save +their lives, and when, after a fearful leave-taking with their wives +and relatives, they had been escorted back to the English army, ‘the +King of England ordered a gallows to be erected and had them all hanged +in sight of those within the castle.’[122] When the English took the +castle of Rougemont by storm, and some sixty of its defenders alive, +with the loss of only one Englishman, Henry V., in revenge for his +death, caused all the prisoners to be drowned in the Loire.[123] When +Meaux surrendered to the same king, it was stipulated that six of +its bravest defenders should be delivered up to _justice_, four of +whom were beheaded at Paris, and its commander at once hung to a tree +outside the walls of the city (1422).[124] + +Not that there was any special cruelty in the English mode of warfare. +They simply conformed to the customs of the time, as we may see by +reference to the French and Burgundian wars into which they allowed +themselves to be drawn. In 1434, the garrison of Chaumont ‘was soon +so hardly pressed that it surrendered at discretion to the Duke of +Burgundy (Philip the Good), who had upwards of 100 of them hanged;’ and +as with the townsmen, so with those in the castle.[125] Bournonville, +who commanded Soissons for the Duke of Burgundy, and whom Monstrelet +calls ‘the flower of the warriors of all France,’ was beheaded at +Paris, after the capture of the town, by order of the king and council, +and his body hung to a gibbet, like a common malefactor’s (1414).[126] +When Dinant was taken by storm by the Burgundians, the prisoners, +about 800, were drowned before Bovines (1466).[127] When the town of +Saint-frou surrendered to the Duke of Burgundy, ten men, left to the +disposal of that warrior, were beheaded; and so it fared also with +the town of Tongres (1467).[128] After the storming and slaughter at +Liège, before the Duke of Burgundy (Charles the Bold) left the city, +‘a great number of those poor creatures who had hid themselves in the +houses when the town was taken and were afterwards made prisoners, were +hanged’ (1468).[129] At Nesle, most of those who were taken alive were +hung, and some had their hands cut off (1472).[130] After the battle +of Granson, the Swiss retook two castles from the French, and hung +all the Burgundians they found in them. They then retook the town and +castle of Granson, and ordered 512 Germans whom the Burgundians had +hung to be cut down, and as many of the Burgundians as were still in +Granson to be suspended on the same halters (1476). In the skirmishes +that occurred in a time of truce on the frontiers of Picardy, between +the French king’s forces and those of the Duke of Austria, ‘all the +prisoners that were taken on both sides were immediately hanged, +without permitting any, of what degree or rank soever, to be ransomed’ +(1481). And as a climax to these facts, let us recall the decree of the +Duke of Anjou, who, when Montpellier was taken by siege, condemned 600 +prisoners to be put to death, 200 by the sword, 200 by the halter, and +200 by fire, and who, but for the remonstrances of a cardinal and a +friar, would undoubtedly have executed his sentence. + +Ghastly facts enough these! and a strange insight they afford us into +the real character of a profession which, in the days when these things +were its commonest occurrences, was held to be the noblest of all, but +of which it is only too patent that its mainsprings were simply the +brigand’s love of plunder and of bloodshed. One story may be quoted +to show that in this respect the sixteenth century was no improvement +on the fifteenth. In the war between the Dutch and the Spaniards, the +captain of Weerd Castle, having previously refused to surrender to Sir +Francis de Vere, begged at last for a capitulation with the honours +of war; Vere’s answer was, that the honours of war were halters for a +garrison that had dared to defend such a hovel against artillery. The +commandant was killed first, and the remaining 26 men, having been +made to draw black and white straws, the 12 who drew the white straws +were hanged, the thirteenth only escaping by consenting to act as +executioner of the rest![131] + +It is clear, therefore, that in the wars of the past the axe and the +halter have played as conspicuous a part as the sword or the lance; +a fact to which its due prominence has not always been given in the +standard histories of military antiquities. It is surprising to find +how close to the glories of war lie the sickening vulgarities of murder. + +To the Duke of Somerset, the regent of England for Edward VI., appears +to be due the credit of instituting a milder treatment of a besieged +but surrendered garrison than had been previously customary. For De +Thou, the historian, speaks of the admiration the Duke received for +sparing the lives of a Scotch garrison, contrary to that ‘ancient maxim +in war which declares that a weak garrison forfeits all claim to mercy +on the part of the conquerors, when, with more courage than prudence, +they obstinately persevere in defending an ill-fortified place against +the royal army,’ or refuse reasonable conditions. + +But the ancient maxim lasted, in spite of this better example, +throughout the seventeenth and till late into the eighteenth century, +for we find Vattel even then thus protesting against it: ‘How could it +be conceived in an enlightened age that it was lawful to punish with +death a governor who has defended his town to the last extremity, or +who in a weak place had the courage to hold out against a royal army? +In the last century this notion still prevailed; it was looked upon as +one of the laws of war, and is not even at present totally exploded. +What an idea! to punish a brave man for having performed his duty.’[132] + +But not even yet is the notion definitely expunged from the unwritten +code of martial etiquette. The original Russian project, submitted +to the Brussels Conference, proposed to exclude, among other illicit +means of war, ‘the threat of extermination towards a garrison that +obstinately holds a fortress.’ The proposal was unanimously rejected, +and that clause was carefully excluded from the published modified +text! But as the execution of a threat is morally of the same value +as the threat itself, it is evident that the massacre of a brave but +conquered garrison still holds its place among the laws of Christian +warfare! + +This peculiar and most sanguinary law of reprisals has always been +defended by the common military sophism, that it shortens the horrors +of war. The threat of capital punishment against the governor or +defenders of a town should naturally dispose them to make a conditional +surrender, and so spare both sides the miseries of a siege. But +arguments in defence of atrocities, on the ground of their shortening +a war, and coming from military quarters, must be viewed with the +greatest suspicion, and, inasmuch as they provoke reprisals and so +intensify passion, with the greatest distrust. It was to such an +argument that the Germans resorted in defence of their shelling the +town of Strasburg, in order to intimidate the inhabitants and drive +them to force General Uhrich to a surrender. ‘The abbreviation,’ said +a German writer, ‘of the period of actual fighting and of the war +itself is an act of humanity towards both parties;’[133] although the +savage act failed in its purpose and General Werder had to fall back, +after his gratuitous destruction of life and property, on the slower +process of a regular siege. If their tendency to shorten a war be the +final justification of military proceedings, the ground begins to slip +from under us against the use of aconitine or of clothes infected +with the small-pox. Therefore such a pretext should meet with prompt +condemnation, notwithstanding the efforts of the modern military school +to render it popular upon the earth. + +In respect, therefore, to this law of reprisals, the comparison is +not to the credit of modern times as compared with the pagan era. A +surrender, which in Greek and Roman warfare involved as a rule personal +security, came in Christianised Europe to involve capital punishment +out of motives of pure vindictiveness. The chivalry so often associated +with the battle-field as at least a redeeming feature fades on closer +inspection into the veriest fiction of romance. Bravery under any form +has been the constant pretext for capital reprisals. Edward I. had +William Wallace, the brave Scotch leader, executed on Tower Hill; +and it has been observed by one writer, as the facts already quoted +prove, that the custom of thus killing defeated generals ‘may be traced +through a series of years so connected and extensive that we are not +able to point out the exact time when it ceased.’[134] + +A characteristic incident of this sort is connected with the famous +pacification of Guienne by Montluc in 1562. Montluc had won Montsegur +by storm, and its commander had been taken alive. The latter was a man +of notorious valour, and in a previous campaign had been Montluc’s +fellow-soldier and friend. For that reason many interceded for his +life, but Montluc decided to hang him, and simply on account of his +valour. ‘I well knew his courage,’ he says, ‘which made me hang him.... +I knew him to be valiant, but that made me the rather put him to +death.’ What of your chivalry after that? + +But Alexander the Great, whose career has been the ideal of all +succeeding aspirants to military fame, dealt even more severely than +Montluc with Betis, the gallant defender of Gaza. When Gaza was at last +taken by storm, Betis, after fighting heroically, had the misfortune to +be taken alive and to be brought into the presence of the conqueror. +Alexander addressed him thus: ‘You shall not die, Betis, in the manner +you wished; but make up your mind to suffer whatever torture can be +thought of against a prisoner;’ and when Betis for all answer returned +him but the silence of disdain, Alexander had thongs fixed to his +ankles, and, himself acting as charioteer, drove his yet living victim +round the city, attached to his chariot wheels; priding himself that by +such conduct he rivalled Achilles’ treatment of Hector.[135] + +A valiant resistance was with Alexander always a sufficient motive +for the most sanguinary reprisals. Arimages, who defended a fortified +rock in Sogdia, thought his position so strong that when summoned to +surrender, he asked tauntingly whether Alexander could fly; and for +this offence, when, unable to hold out any longer, Arimages and his +relations descended to Alexander’s camp to beg for quarter, Alexander +had them first of all flogged and then crucified at the foot of the +rock they had so bravely defended.[136] After the long siege of Tyre, +Alexander had 2,000 Tyrians, over and above the 6,000 who fell during +the storming of that city, nailed to crosses along the shore,[137] +perhaps in reprisal for a violation of the laws of war--for Quintus +Curtius declares that the Tyrians had murdered some Macedonian +ambassadors, and Arrian, who makes no mention of the crucifixion, +declares that they slew some Macedonian prisoners and threw them from +their walls--but more probably (since there were evidently different +stories of the Tyrians’ offence) on account simply of the obstinate +resistance they had offered to Alexander’s attack. + +The Macedonian conqueror regarded his whole expedition against Persia +as an act of reprisals for the invasion of Greece by Xerxes, 150 +years before his own time. When he set fire to the Persian capital +and palace, Persepolis, he justified himself against Parmenio’s +remonstrances on the ground that it was in revenge for the destruction +of the temples in Greece during the Persian invasion;[138] and this +motive was constantly present with him, in justification both of the +war itself and of particular atrocities connected with it. In the +course of his expedition, he came to a city of the Branchidæ, whose +ancestors at Miletus had betrayed the treasures of a temple in their +charge to Xerxes, and had by him been removed from Miletus to Asia. +As Greeks they met Alexander’s army with joy, and at once surrendered +their city to him. The next day, after reflection given to the matter, +Alexander had every single inhabitant of the city slain, in spite of +their powerlessness, in spite of their supplications, in spite of their +community of language and origin. He even had the walls of the city +dug up from their foundation, and the trees of their sacred groves +uprooted, that not a trace of their city might remain.[139] + +Nor can doubt be thrown on these deeds by the fact that they are +only mentioned by Quintus Curtius and not by Arrian. The silence of +the one is no proof of the falsity or credulity of the other. Both +writers lived many centuries after Alexander, and were dependent for +their knowledge on the writings, then extant but long since lost, of +contemporaries and eye-witnesses of the expedition to Asia. That those +witnesses often gave conflicting accounts of the same event we have the +assurance of either writer; but since it is impossible to determine +the degree of discretion with which each made their selections from +the original authorities, it is only reasonable to regard them both as +of the same and equal validity. Seneca, who lived before Arrian and +who therefore was equally conversant with the original authorities, +hardly ever mentions Alexander without expressions of the strongest +reprobation. + +Cruelty, in fact, is revealed to us by history as the most conspicuous +trait in the character of Alexander, though not in his case nor in +others inconsistent with occasional acts of magnanimity and the gleams +of a higher nature. This cruelty, however, taken in connection with +his undoubted bravery, calls in question the truth of a remark made by +Philip de Commines, and supported, he affirmed, by all historians, that +no cruel man is ever courageous. The popular theory, that inhumanity is +more likely to be the concomitant of a timid than of a daring nature, +ignores altogether the teaching of history and the conclusions of _à +priori_ reasoning. For if our regard for the sufferings of others is +proportioned to our regard for our own sufferings, inasmuch as our +self-love is the foundation and measure of our powers of sympathy, +a man’s disregard for the sufferings of others--in other words his +cruelty--is likely to be the exact reflection of his disregard for +suffering in his own person, or, in other words, of his physical +courage. Men, moreover, like Cicero, of whom it was said by Livy that +he was better calculated for anything than for war, by their very +incapacity for positions where their humanity is likely to be tested, +are rarely exposed to those temptations of cruelty in which men of a +more daring temperament naturally find themselves placed. + +And accordingly we find, by reference to instances which lie on the +surface of history, that great bravery and great cruelty have more +often been united than separate. In French history there is the cruelty +of Charles the Bold, Duke of Burgundy; of Montluc and Des Adretz, +the latter of whom made 30 soldiers and their captain leap from the +precipice of a strong place they had defended, and of both of whom +Brantôme remarks that they were very brave but very cruel.[140] In +Scotch history, it was David I. who, though famed for his courage and +humanity, suffered the sick and aged to be slain in their beds, even +infants to be killed and priests murdered at the very altars.[141] In +English history, it was Richard Cœur-de-Lion who had 5,000 Saracen +prisoners led out to a large plain to be massacred (1191).[142] In +Jewish history, it was King David who, when he took Rabbah of the +Ammonites, ‘brought forth the people that were therein and put them +under saws and harrows of iron and under axes of iron, and made them +pass through the brick kiln; and thus did he unto all the cities of the +children of Ammon.’[143] It is not therefore more probable that a man +famed for his intrepidity will not lend himself to counsels or actions +of cruelty than that another deficient in personal courage will not be +humane. + +And here one cause is deserving of attention as helping to explain the +greater barbarity practised by the modern nations in the matter of +reprisals, than that which was permitted by the code of honour which +acted in restraint of them in the better periods of pagan antiquity; +and that is the change that has occurred with regard to slavery. + +The abolition of slavery, which in Western Europe has been the greatest +achievement of modern civilisation, did not unfortunately tend to +greater mildness in the customs of war. For in ancient times the sale +of prisoners as slaves operated to restrain that indiscriminate and +objectless slaughter which has been, even to cases within this century, +the marked feature of the battle-field, and more especially where +cities or places have been taken by storm. Avarice ceased to operate, +as it once did, in favour of humanity. In one day the population of +Magdeburg, taken by storm, was reduced from 25,000 to 2,700; and an +English eye-witness of that event thus described it: ‘Of 25,000, some +said 30,000 people, there was not a soul to be seen alive, till the +flames drove those that were hid in vaults and secret places to seek +death in the streets rather than perish in the fire; of these miserable +creatures some were killed too by the furious soldiers, but at last +they saved the lives of such as came out of their cellars and holes, +and so about 2,000 poor desperate creatures were left.’[144] ‘There +was little shooting, the execution was all cutting of throats and +mere house murders.... We could see the poor people in crowds driven +down the streets, flying from the fury of the soldiers, who followed +butchering them as fast as they could, and refused mercy to anybody; +till, driving them down to the river’s edge, the desperate wretches +would throw themselves into the river, where thousands of them +perished, especially women and children.’[145] + +It is difficult to read this graphic description of a stormed city +without the suspicion arising in the mind that a sheer thirst for blood +and love of murder is a much more potent sustainer of war than it is +usual or agreeable to believe. The narratives of most victories and +of taken cities support this theory. At Brescia, for instance, taken +by the French from the Venetians in 1512, it is said that 20,000 of +the latter fell to only 50 of the former.[146] When Rome was sacked in +1527 by the Imperialist forces, we are told that ‘the soldiery threw +themselves upon the unhappy multitude, and, without distinction of age +or sex, massacred all who came in their way. Strangers were spared as +little as Romans, for the murderers fired indiscriminately at everyone, +from a mere thirst of blood.’[147] + +But this thirst of blood was checked in the days of slavery by the +counteracting thirst of money; there having been an obvious motive +for giving quarter when a prisoner of war represented something of +tangible value, like any other article of booty. The sack of Thebes +by Alexander, and its demolition to the sound of the lute, was bad +enough; but after the first rage for slaughter was over, there remained +30,000 persons of free birth to be sold as slaves. And in Roman +warfare the rule was to sell as slaves those who were taken prisoners +in a stormed city; and it must be remembered that many so sold were +slaves already.[148] All who were unarmed or who laid down their arms +were spared from destruction, as well as from plunder;[149] and for +exceptions to this rule, as for instance for the indiscriminate and +cruel massacre committed at Illiturji in Spain, there was always at +least the pretext of reprisals, or some special military motive.[150] + +Cicero, who lived to see the Roman arms triumphant over the world and +the conversion of the Roman republic into a military despotism, found +occasion to deplore at the same time the debased standard of military +honour. He believed that in cruel vindictiveness and rapacity his +contemporaries had degenerated from the customs of their ancestors, and +he contrasted regretfully the utter destruction of Carthage, Numantia, +and Corinth, with the milder treatment of their earlier enemies, the +Sabines, Tusculans, and others. He adduced as a proof of the greater +ferocity of the war spirit of his day the fact that the only term +for an enemy was originally the milder term of stranger, and that it +was only by degrees that the word meaning stranger came to have the +connotation of hostility. ‘What,’ he asks, ‘could have been added +to this mildness, to call him with whom you are at war by so gentle +a name as stranger? But now the progress of time has given a harder +signification to the word; for it has ceased to apply to a stranger, +and has remained the proper term for an actual enemy in arms.’[151] + +Is a similar process taking place in modern warfare with regard to +the law of reprisals? It is a long leap from ancient Rome to modern +Germany; but to Germany, as the chief military Power now in existence, +we must turn, in order to understand the law of reprisals as it is +interpreted by the practice of a country whose power and example will +make her actions precedents in all wars that may occur in future. + +The worst feature in reprisals is that they are indiscriminate and +more often directed against the innocent than the guilty. To murder +women and children, old men, or any one else, on the ground of their +connection with an enemy who has committed an action calling for +retribution, can be justified by no theory that would not equally apply +to a similar parody of justice in civil life. It is a return to the +theory and practices of savages, who, if they cannot revenge themselves +on a culprit, revenge themselves complacently on some one else. For +bodies of peasants to resist a foreign invader by forming ambuscades or +making surprises against him, though his advance is marked by fire and +pillage and outrage, may be contrary to the laws of war (though that +point has never been agreed upon); but to make such attacks the pretext +for indiscriminate murder and robbery is an extension of the law of +reprisals that was only definitely imported into the military code of +Europe by the German invaders of France in 1870. + +The following facts, offered in proof of this statement, are taken +from a small pamphlet, published during the war by the International +Society for Help to the Wounded, and containing only such facts as were +attested by the evidence of official documents or of persons whose +positions gave them an exceptional title to credit.[152] At one place, +where twenty-five francs-tireurs had hidden in a wood and received the +Germans with a fusillade, reprisals were carried so far that the curé, +rushing into the streets, seized the Prussian captain by the shoulders +and entreated mercy for the women and children. ‘No mercy’ was the +only reply.[153] At another place twenty-six young men had joined the +francs-tireurs; the Baden troops took and shot their fathers.[154] At +Nemours, where a body of Uhlans had been surprised and captured by +some mobiles, the floors and furniture of several houses were first +saturated with petroleum and then fired with shells.[155] + +The new theory also was imported into the military code, that a +village, by the mere fact of trying to defend itself, constituted +itself a place of war which might be legitimately bombarded and, when +taken, subjected to the rights of war which still govern the fate of +places taken by assault.[156] Nor let it be supposed that those rights +were not exercised as rigorously as they ever have been by victorious +troops. At Nogent-sur-Seine, the Wurtemburg troops carried their fury +to the slaughter of women and children and even of the wounded. And if +the belief still lingers that the German troops of the Emperor William +behaved otherwise towards the weaker sex than their ancestors in Rome +and Italy under the Constable of Bourbon, let the reader refer to the +experiences of Clermont, Andernay, or Neuville.[157] + +Reprisals beget, of course, reprisals; and had the French and German +war been by any accident prolonged, it is appalling to think of the +barbarities that would have occurred. ‘Threat for threat,’ wrote +Colonel R. Garibaldi to the Prussian commander at Châtillon, in +reference to the latter’s resolve to punish the inhabitants of that +place for the acts of some francs-tireurs; ‘I give you my assurance +that I will not spare one of the 200 Prussians whom you know to be in +my hands.’[158] ‘We will fight,’ wrote General Chanzy to the Prussian +commander at Vendôme, ‘without truce or mercy, because it is a question +now not of fighting loyal enemies, but hordes of devastators.’[159] + +Under the theory of legitimate reprisals, the Germans resuscitated +the custom of taking hostages. The French having (in accordance with +the still recognised but barbarous rule of war) taken prisoners the +captains of some German merchant vessels, the Germans retaliated +by taking twenty persons of respectable position at Dijon, and nine +at Vesoul, and detaining them as hostages. Nor was this an uncommon +episode in the campaign: though the sending to Germany as prisoners +of war of French merchants, magistrates, lawyers, and doctors, and +the making them answerable with their lives and fortunes for actions +of their countrymen which they could neither prevent nor repress, was +a revival in its worst form of the theory of vicarious punishment, +and a direction of hostilities against non-combatants, which was a +gross violation of the proclamation of the Prussian king, made at +the beginning of the campaign (after the common cant of the leaders +of armies), that his forces had no war to wage with the peaceable +inhabitants of France. + +Even plunder enters into the German law of reprisals. Remiremont in +the Vosges had to pay 8,000_l._ because two German engineers and one +soldier had been taken prisoners by the French troops. The usual forced +military contributions which the victors exacted did not exclude a +system of pillage and devastation that the present age fondly believed +to belong only to a past state of warfare. On December 5, 1870, a +German soldier wrote to the _Cologne Gazette_: ‘Since the war has +entered upon its present stage it is a real life of brigands we lead. +For four weeks we have passed through districts entirely ravaged; the +last eight days we have passed through towns and villages where there +was absolutely nothing left to take.’ Nor was this plunder only the +work of the common military serfs or conscripts, whose miserable +poverty might have served as an excuse, but it was conducted by +officers of the highest rank, who, for their own benefit, robbed farms +and stables of their sheep and horses, and sacked country houses of +their works of art, their plate, and even of their ladies’ jewels.[160] + +The world, therefore, at least owes this to the Germans, that they have +taught us to see war in its true light, by removing it from the realm +of romance, where it was decked with bright colours and noble actions, +to the region of sober judgment, where the soldier, the thief, and +the murderer are seen in scarcely distinguishable colours. They have +withdrawn the veil which blinded our ancestors to the evils of war, +and which led dreamy humanitarians to believe in the possibility of +_civilised warfare_; so that now the deeds of shame threaten to obscure +the deeds of glory. In the middle ages it was the custom to declare a +war that was intended to be waged with special fury by sending a man +with a naked sword in one hand and a burning torch in the other, to +signify that the war so begun was to be one of blood and fire. We have +since learnt that there is no need to typify by any peculiar ceremony +the character of any particular war; for that the characteristics of +all are the same. + +The German general Von Moltke, in a published letter wherein he +maintained that Perpetual Peace was a dream and not even a beautiful +one, went on to say, in defence of war, that in it the noblest virtues +of mankind were developed--courage, self-abnegation, faithfulness to +duty, the spirit of sacrifice; and that without wars the world would +soon stagnate and lose itself in materialism.[161] We have no data from +which to judge of the probable state of a warless world, but we do +know that the brightest samples of these virtues have been ever given +by those who in peace and obscurity, and without looking for lands, or +titles, or medals for their reward, have laboured not to destroy life +but to save it, not to lower the standard of morality but to raise it, +not to preach revenge but mercy, not to spread misery and poverty and +crime but to increase happiness, wealth, and virtue. Is there or will +there be no scope for courage, for self-sacrifice, for duty, where +fever and disease are the foes to be combated, where wounds and pain +need to be cured or soothed, or where sin and ignorance and poverty are +the forces to be assailed? But apart from this there is another side to +the picture of war, of which Von Moltke says not a word, but of which, +in the preceding pages, some indication has been given. Now that we are +no longer satisfied with the dry narratives of strategical operations, +but are beginning to search into the details of military proceedings; +into the fate of the captured, of the wounded, of the pursued; into +the treatment of hostages, of women, of children; into the statistics +of massacre and spoliation that are the penalties of defeat; into the +character of stratagems; and into the justice of reprisals, we see war +in another mirror, and recognise that the old one gave but a distorted +reflection of its realities. No one ever denied but that great +qualities are displayed in war; but the doubt is spreading fast, not +only whether it is the worthiest field for their display, but whether +it is not also the principal nursing-bed of the crimes that are the +greatest disgrace to our nature. + +It is idle to think that our humanity will fail to take its colouring +from our calling. Marshal Montluc, the bravest yet most cruel of +French soldiers, was fond of protesting that the inhumanity he was +guilty of was in corruption of his original and better nature; and at +the close of his book and of his life, he consoled himself for the +blood he had caused to flow like water by the consideration, that the +sovereigns whose servant he had been were (as he told one of them) +really responsible for the misery he had caused. But does the excuse +avail him, or the millions who have succeeded to his trade? A king or a +government can commission men to execute its policy or its vengeance; +but is a free agent, who accepts a commission that he believes to be +iniquitous, morally acquitted of his share of culpability? Is his +responsibility no greater than that of the sword, the axe, or the +halter with which he carries out his orders; or does the plea of +military discipline justify him in acting with no more moral restraint +than a slave, or than a horse that has no understanding? The Prussian +officer who at Dijon blew out his brains rather than execute some +iniquitous order[162] showed that he understood the dignity of human +nature as it was understood in the days of the bygone moral grandeur +of Rome. Such a man deserved a monument far more than most to whom +memorial monuments are raised. + +Recent events lend an additional interest to the question of +reprisals, and add emphasis to the necessity of placing them, as it +was sought to do at Brussels, on the footing of an International +Agreement. It is sometimes said that dynastic wars belong to the past, +and that kings have no longer the power to make war, as they once did, +for their own pleasure or pastime. There may be truth in this, though +the last great war in Europe but one had its immediate cause in an +inter-dynastic jealousy; but a far more potent agency for war than +ever existed in monarchical power is now wielded by the Press. War in +every country is the direct pecuniary interest of the Daily Press. ‘I +know proprietors of newspapers,’ said Cobden during the Crimean war, +‘who have pocketed 3,000_l._ or 4,000_l._ a year through the war as +directly as if the money had been voted to them in the Parliamentary +estimates.’[163] The temptation, therefore, is great, first to justify +any given war by irrelevant issues or by stories of the enormities +committed by the enemy, or even by positive false statements (as when +the English Press, with the _Times_ at its head, with almost one voice +taught us that the Afghan ruler had insulted our ambassador, and left +us to find out our mistake when a too ready credulity had cost us a +war of some 20,000,000_l._); and then, when war has once begun, to fan +the flame by demanding reprisals for atrocities that have generally +never been committed nor established by anything like proof. In this +way the French were charged at the beginning of the last German war +with bombarding the open town of Saarbrück, and with firing explosive +bullets from the mitrailleuse; and the belief, thus falsely and +purposely propagated, covered of course with the cloak of reprisals a +good deal of all that came afterwards. + +In this way has arisen the modern practice of justifying every resort +to war, not as a trial of strength or test of justice between enemies, +but as an act of virtuous and necessary chastisement against criminals. +Charges of violated faith, of the abuse of flags of truce, of +dishonourable stratagems, of the ill-treatment or torture of prisoners, +are seized upon, regardless of any inquiry into their truth, and made +the pretext for the indefinite prolongation of hostilities. The lawful +enemy is denounced as a rebel or a criminal, whom it would be wicked to +treat with or trust; and only an unconditional surrender, which drives +him to desperation, and so embitters the war, is regarded as a possible +preliminary to peace. The time has surely come when such a demand, on +the ground of reprisals, should cease to operate as a bar to peace. +One of the proposals at the Brussels Conference was that no commander +should be forced to capitulate under dishonourable conditions, that +is to say, without the customary honours of war. It should be one of +the demands of civilisation that an unconditional surrender, such +as was insisted upon from Arabi in 1882 and led to the bombardment +of Alexandria with all the subsequent troubles, should under no +circumstances be insisted on in treating with an enemy; and that no +victorious belligerent should demand of a defeated one what under +reversed conditions it would consider dishonourable to grant itself. + + + + +CHAPTER V. + +MILITARY STRATAGEMS. + + _Hé! qu’il y a de tromperie au monde! et en nostre mestier plus + qu’en autre qui soit._--MARSHAL MONTLUC. + + Grotius’ theory of fair stratagems--The teaching of international + law--Ancient and modern naval stratagems--Early Roman dislike + of such stratagems as ambuscades, feigned retreats, or night + attacks--The degenerate standard of Frontinus and Polyænus--The + conference-stratagem of modern Europe--The distinction between + perfidy and stratagem--The perfidy of Francis I.--Vattel’s + theory about spies--Frederick the Great’s military instructions + about spies--Lord Wolseley on spies and truth in war--The + custom of hanging or shooting spies--Better to keep them as + prisoners of war--Balloonists regarded as spies--The practice of + military surprises--Death formerly the penalty for capture in + a surprise--Stratagems of uncertain character, such as forged + despatches or false intelligence--The use of the telegraph in + deceiving the enemy--May prisoners of war be compelled to propagate + lies?--General character of the military code of fraud. + + +One of the most interesting aspects of the state of war is that of its +connection with fraud, deceit, and guile. If we may seek to obtain our +ends by force, we may surely, it is argued, do so by fraud; for what is +the moral difference between overcoming by superiority of muscle and +the same result obtained by dint of brain? Lysander the Spartan went so +far as to say that boys were to be cheated with dice, but an enemy with +oaths; and if the world has professed horror at his sentiment, it has +not altogether despised his authority. + +Among military stratagems the older writers used to include every kind +of deception practised by generals in war, not only against the enemy, +but against their own troops; as, for instance, devices for preventing +or suppressing a mutiny, for stopping the spread of a panic, or for +encouraging them with false news before or during an engagement. + +But in modern use the term stratagem has almost exclusive reference +to artifices of deception practised against an enemy; and the greater +interest that attaches to the latter kind of guile justifies the +narrowed denotation of the word. No one, for instance, would now +regard as a stratagem the clever behaviour of that Thracian general +Cosingas, who, acting also as priest to his forces, brought them back +to obedience by the report he artfully propagated that certain long +ladders which he had caused to be made and fastened together were +intended to enable him to climb to heaven, there to complain to Juno of +their misconduct. The false pretence that is involved in a stratagem is +addressed to the leaders of a hostile force, in order that their fear +or confidence, unduly raised by it, may be played upon to the advantage +of their more artful opponents. In the consideration, therefore, of +military stratagems, or _ruses de guerre_, it is best to conform +entirely to the more restricted sense in which they are understood in +modern parlance. + +The following stratagem is a good one to start with. During the +Franco-German War of 1870, twenty-five franc-tireurs clothed themselves +in Prussian uniform, and by the help of that disguise killed several +Prussians at Sennegy near Troyes; and the deed was made a subject of +open boast in a French journal.[164] Was the boast a justifiable or a +shameful one? + +Distinctly justifiable, if at least Grotius, the father of our +international law, is of any authority. The reasoning of Grotius runs +in this wise. There is a distinction between conventional signs that +are established by the general consent of all the world and those +which are only established by particular societies or by individuals; +deception directed against the former involves the violation of a +mutual obligation, and is therefore unlawful, whereas that against the +latter is lawful, because it involves no such violation. Therefore, +whilst it is wrong to deceive an enemy by words or signs which by +general consent are universally understood in a given sense, it is not +wrong to overcome an enemy by conduct which involves no violation of +a generally recognised and universally binding custom. Under conduct +of the latter type fall such acts as a simulated flight, or the use of +an enemy’s arms, his standards, uniform, or sails. A flight is not an +instituted sign of fear, nor have the arms or colours of a particular +country any universally established meaning.[165] + +And in spite of the sound of sophistry that accompanies this reasoning, +the teaching of international law has not substantially swerved on this +point from the direction given to it by Grotius. In Cicero’s opinion, +although both force and fraud were resources most unworthy of rational +humanity, the one pertaining rather to the nature of the lion and the +other to that of the fox, fraud was an expedient deserving of more +hatred than the other.[166] But the teaching of later times has tended +to overlook this distinction. Bynkershoek, that celebrated Dutch jurist +who advocated the use of poison as one of the fair modes of employing +force, declares it to be a matter of perfect indifference whether +stratagem or open force be employed against an enemy, provided perfidy +be absent from the former. And Bluntschli, who is the German publicist +of greatest authority in our own day, expressly includes among the +lawful stratagems of war the use of an enemy’s uniform or flag.[167] + +If, then, we test the received military theory by some actual +experience, the following episodes of history must challenge rather our +admiration than our blame, and stand justified by the most advanced +theories of modern international law. + +Cimon, the Athenian admiral, having captured some Persian ships, made +his own men step into them and dress themselves in the clothes of the +Persians; and then, when the ships reached Cyprus, and the inhabitants +of that island came out joyfully to welcome their friends, they were of +course more easily defeated by their enemies.[168] + +Aristomachus, having taken some Cardian ships, placed his own rowers +in them and towed his own ships behind them, as if they were being +conducted in triumph. When the Cardians came out to greet their +supposed victorious crews, Aristomachus and his men fell upon them and +succeeded in committing great carnage.[169] + +Modern history supplies analogous cases. In September 1800 an English +crew attacked two ships that lay at anchor at Barcelona, by forcing +a Swedish vessel to take on board some English officers, soldiers, +and sailors, and so obtaining a means of approach that was otherwise +impossible.[170] And English naval historians tell with pride, rather +than with shame, how in 1798 two English ships, the ‘Sibylle’ and the +‘Fox,’ by sailing under false colours captured three Spanish gunboats +in Manilla Roads. When the Spanish guard-boat was sent to inquire what +the ships were, the pilot of the ‘Fox’ replied that they belonged to +the French squadron, and that they wished to put into Manilla, for the +recovery of the crews from sickness. The English Captain Cooke was +introduced under the French name of Latour; and a conversation ensued +in which the ceremony of wishing success to the united exertions of the +Spaniards and French against the English was not forgotten. Two Spanish +boats having then come to visit the vessels, their crews were quickly +handed below; and a party of British sailors having changed clothes +with them and got into their boat, advanced to the gunboats, which they +captured without pulling a trigger.[171] + +On another occasion the same ‘Sibylle,’ which had been taken from the +French by Romney in 1794, captured a large French vessel that lay at +anchor, by standing in under French colours, and only hoisting her +real ones when within a cable’s length of her prize;[172] the only +limit to such a stratagem on the sea being the necessity for a ship to +hoist her real flag before proceeding to actual hostilities. A state of +war must surely play strange tricks with our minds to make it possible +for us to approve such infamous actions as those quoted. There can be +no greater proof of the utter demoralisation it causes than that such +devices should have ever come to be thought honourable; and that no +scruples should have ever intervened against the prostitution of a +country’s flag, the symbol of her independence, her nationality, and +her pride, to the shame of open falsehood. Antiquaries dispute the +correctness of the statement of Polyænus that Artemisia, the Queen of +Caria and ally of Xerxes against Greece, hoisted Persian colours when +in pursuit of Greek ships, but a Greek flag to prevent Greek ships from +pursuing herself, because they say that flags were not then in use; but +undoubtedly the custom is a very old one on the seas of having a number +of different flags on board a ship, for the purpose either of more +easily capturing a weaker or of more easily escaping from a stronger +vessel than herself. The French, for instance, in 1337 plundered and +burnt Portsmouth, after having been suffered to land under the cover of +English banners.[173] Not only the vessels of pirates and privateers, +but the war vessels of the State, learned to sail under colours that +belied their nationality.[174] The only limit to the stratagem of +the false flag (to which international custom gradually came to give +the force of law) came to be the necessity of hoisting the real flag +before proceeding to fire, a limitation that was not of much moment +after the successful deception had brought a defenceless merchant +vessel within the reach of easy capture. And with regard to ships of +war, the cannon-shot by which one vessel replied to the challenge of +its suspected nationality by the other came to be equivalent to the +captain’s word of honour that the flag which floated above the cannon +he fired represented the nationality of which it professed to be the +symbol. The flag itself might tell a lie, therefore the cannon-shot +oath must redeem it from suspicion. Such are the extraordinary ideas of +honour and morality that the system of universal fear, distrust, and +hostility, by many thought to be so surpassingly glorious, has caused +to become prevalent upon the ocean. + +In spite, therefore, of Grotius, the above stratagems must be +considered as dishonourable; and that so they are beginning to be +considered is indicated by the fact that at the Brussels Conference of +1874 the use of an enemy’s flag or uniform was expressly rejected from +the category of fair military stratagems. But the improvement is in +spite of international law, not in consequence of it. + +There is an obvious distinction indeed between the above method of +overcoming an enemy and such favourite devices as ambuscades, feigned +retreats, night attacks, or the diversion of a defence to the wrong +point. But perhaps nothing in the history of moral opinion is more +curious than that even these modes of deceit should have been, not by +one people or an unwarlike people, but by several people, and one among +them the most warlike nation known to history, deliberately rejected as +unfair and dishonourable modes of warfare. The historical evidence on +this point appears to be quite conclusive, and is worth recalling for +the interest that cannot but attach to one of the strangest but most +neglected chapters in the history of human ethics. + +The Achæans, says Polybius, disdained even to subdue their enemies with +the help of deceit. In their opinion a victory was neither honourable +nor secure that was not obtained in open combat by superior courage. +Therefore they esteemed it a kind of law among them never to use any +concealed weapons, nor to throw darts from a distance, being persuaded +that an open and close conflict was the only fair method of combat. +For the same reason they not only made a declaration of war, but sent +notice each to the other of their resolution to try the fortune of a +battle, and of the place where they were determined to engage.[175] + +And in Ternate, one of the Molucca Islands, which suffered such +untold miseries after the Europeans had discovered its spices and its +heathenism, not only was war never begun without being first declared, +but it was also customary to inform the enemy of the number of men and +the amount and kind of weapons with which it was intended to conduct +hostilities.[176] + +But the case of the Romans is by far the most remarkable. Polybius, +Livy, and Ælian all agree in their testimony that for a long period +of their history the Romans refrained from all kinds of stratagem as +from a sort of military meanness; and their evidence is corroborated +by Valerius Maximus, who says that the Romans, having no word in their +language to express a military ruse, were forced to borrow the Greek +word, from which our own word stratagem is derived.[177] Polybius, who +lived and wrote as late as the second century before Christ, after +complaining that artifice was then so prevalent among the Romans that +their chief study was to deceive one another in war and in politics, +adds that, in spite of this degeneracy, they still declared war +solemnly beforehand, seldom formed ambuscades, and preferred to fight +man to man in close engagement. So late as the year 172 B.C. the elder +senators regretted the lost virtue of their ancestors, who refrained +from such stratagems as night attacks, counterfeit flights, and sudden +returns, and who sometimes even appointed the day of battle and fixed +the field of combat, looking for victory not from fraud, but only from +superiority in personal bravery.[178] Ælian, too, declares that the +Romans never resorted to stratagems till about the end of the Second +Punic War; and truly the great Roman general, Scipio, who took the +name of Africanus, displayed a thorough African skill in the use he +made of spies and surprises to bring that war to a successful issue. + +With regard to night attacks the Macedonians appear to have cherished +similar feelings, since we find Alexander refusing to attack Darius +by night on the ground that he did not wish to gain a stolen victory. +And with regard to close combat, something of the old Roman and Achæan +feeling was displayed in Europe when first the crossbow, and in later +times the musket, rendered personal prowess of lesser importance. +Before the time of Richard I., when the crossbow became the chief +weapon in war, warriors, says the Abbé Velley, were so free and brave +that they would only owe victory to their lance and their sword, and +everybody detested those perfidious arms with which a coward under +shelter was enabled to slay the bravest.[179] So said Montluc of the +musket, which in 1523 had not yet, he says, superseded in France the +use of the crossbow: ‘Would to God this accursed instrument had never +been invented.... So many brave and valiant men would not have met +their deaths at the hands very often of the greatest cowards, who +would not so much as dare look at the man whom they knock down from +a distance with their accursed balls.’[180] And in the same spirit +Charles XII. of Sweden once bade his soldiers to come to close quarters +with the enemy without shooting, on the ground that it was only for +cowards to shoot. + +Such ideas are, of course, dead beyond the hope of recovery; but +they are an odd commentary on our conceit in the improved tone of +our military code of honour. We have long since learned to despise +these old-world notions of honour and courage, and to make very few +exceptions indeed to the newer doctrine of Christendom, that in war +anything and everything is fair. But it is worth the pause of a moment +to reflect that such moral sentiments in restraint of the use of fraud +in war should have once had a real existence in the world; that they +should once have swayed the minds of the most successful military +nation that ever existed, and stood by them till they had attained that +high degree of power which was theirs at the time of the Second Punic +War (217-199 B.C.) In comparing the code of military honour prevalent +in pagan antiquity with that of more recent times, it is but fair to +remember that the pagan nations of old recognised some principles +of action which were never dreamt of in the best days of Christian +chivalry; and that the generals of the people who we are sometimes told +were a mere robber community would have had as strong a feeling against +the righteousness of a night attack, a feigned retreat, or a surprise, +as our modern generals would have of an open violation of a truce or +convention. + +The downward path in this matter is easy, and the history of Rome after +Scipio Africanus is associated with a change of opinion concerning +stratagems that in no degree fell short of that subtlety of the +Greeks, Gauls, or Africans, which the Romans once regarded as perfidy. +Frontinus, who wrote a book on stratagems in the reign of Trajan, +and still more Polyænus, who wrote a large book on the same subject +for the Emperors Verus and Antoninus, appear to have thought that no +deceit was too bad to serve as a good precedent for the conduct of war. +Polyænus not merely made a collection of some nine hundred stratagems, +but collected them for the express purpose of their being of service to +the Roman Emperors in the war then undertaken against Parthia. To the +rulers of a people who had once regarded even an ambuscade as beneath +their chivalry he brought as worthy of their recollection and study +actions which are an eternal stain on the memory of those who committed +them. Let us take for example the devices he records for obtaining +possession of besieged places, remembering that from the moment the +chamade has been beaten, or any other sign been given for a conference +or parley between the contending forces, a truce by tacit agreement is +held to suspend their mutual hostilities. + +1. Thibron persuaded the governor of a fort in Asia to come out to +arrange terms, under an oath that he should return if they failed to +agree. During the relaxation of guard that naturally ensued, Thibron’s +men took the fort by assault: and Thibron, reconducting the governor +according to his word, forthwith put him to death.[181] + +2. In the same way behaved Paches, the Athenian general at Notium. +Having got Hippias, the governor, into his power under the same promise +that Thibron made, he took the place by storm, massacred all he found +in it, reconducted Hippias according to his oath, and had him killed +upon the spot.[182] + +3. Autophrodates proposed a parley with the chiefs of the Ephesian +army, having previously ordered his cavalry officers and other troops +to attack the Ephesians during the conference. The result was a +signal victory, and the capture or slaughter of a great number of +Ephesians.[183] + +4. Philip of Macedon sent some envoys into a Thracian city, and whilst +the people all met in assembly to hear the proposals of the enemy the +King of Macedon attacked and took the city.[184] + +5. The Thracians, having been defeated by the Bœotians, made a truce +with them, for a certain number of _days_, and attacked them one +_night_, whilst the enemy were engaged in making sacrifices. And so +dealt Cleomenes with the Argives; he made a truce with them for seven +days, and attacked them the second night. + +All these things are told by Polyænus, not only without a word of +disapproval, but apparently as good examples for the conduct of a war +actually in progress. Such was the state of moral debasement in which +their long career of military success ultimately landed the great Roman +people. + +Nevertheless, it is not for modern history to cast stones at Paches or +at Thibron. The Conference-stratagem attained its highest development +in the practice of warfare in Christendom; so that Montaigne declares +it to have become a fixed maxim among the military men of his time +(the sixteenth century) never in time of siege to go out to a parley. +That great French soldier Montluc, whose autobiography contained in +his Commentaries displays so curious a mixture of bravery and cruelty, +of loyalty and cunning, and is perhaps the best military book by a +military man that has been written since Cæsar, tells us how once, +whilst he was bargaining with the governor of Sarvenal about the terms +of a capitulation, his men entered the place by a window on the other +side and compelled the governor to surrender at discretion, and how on +another occasion he sent his soldiers to enter Mont de Marsan and put +all they met to the sword, whilst he himself was deluding the governor +with a parley. ‘The moments of a parley are dangerous,’ he justly +observes, ‘and then more than ever should the besieged be careful in +guarding their walls, for it is the time when the besiegers, fearful +of losing by a capitulation the booty that would be theirs if they +took the place by storm, study to avail themselves of the relaxation +of vigilance promoted by the truce to approach the walls with greater +facility and success.’ And the man who wrote this as the experience of +his time, and illustrated it by the above accounts of his own practice, +rose to be a Marshal of France! + +Some other examples of the same stratagem prove how widely the custom +entered into the warfare of the European nations. The governor of +Terouanne, besieged by the forces of the Emperor Charles V., having +forgotten in a negotiation for a capitulation to stipulate for a +suspension of arms, the town was surprised during the conference, +pillaged, and utterly destroyed.[185] And Feuquières, a French general +of Louis XIV., and the writer of a book of military memoirs which ran +through several editions, tells us how he surprised a place called +Kreilsheim in 1688: ‘I could not have taken this place by force, +surrounded as it was with a wall and a strong enough castle; but the +colonel in command having been imbecile enough to come outside the +place to parley with me, without exacting a promise from me to let +him return, I retained him and compelled him to order his garrison to +surrender itself prisoner of war.’[186] And he actually quotes this +to show that when it is necessary to take a post, all sorts of means +should be employed, provided they do not dishonour the general who +resorts to them, as would the failure of his word to the colonel have +dishonoured himself had the colonel demanded it of him. + +A sounder sense of military honour was displayed by the English +general, Lord Peterborough, at the siege of Barcelona in 1705. Don +Velasco had promised to capitulate within a certain number of days, +in the event of no succour arriving, and he surrendered one gate as a +proof of his sincerity. During the truce involved in this proceeding, +the German and Catalonian allies of the English entered the town and +began that career of plunder and outrage which is the constant reward +and crown of such military successes. Lord Peterborough undertook to +prevent disorder in the town, expel the allied soldiery, and return +to his position. He was taken at his word, acted up to his word, and +saved the honour of England. But what of that of his allies? + +It is a fine line that divides a stratagem from an act of perfidy. +Valerius Maximus denounces as an act of perfidy the conduct of Cnæus +Domitius, who, having received the King of the Arverni as a guest under +the pretence of a colloquy, sent him by sea a prisoner to Rome;[187] +but it is not easy to distinguish it from the actions of Montluc or +Feuquières. Vattel lays down the following doctrine on the subject: As +humanity compels us to prefer the gentlest means in the prosecution of +our rights, if we can master a strong place, surprise or overcome an +enemy by a stratagem or a feint void of perfidy, it is better to do so +than to have resort to a bloody siege or the carnage of a battle. He +expressly excludes perfidy; but might not Polyænus have defended it +on precisely the same humanitarian grounds as those by which Vattel +justifies the more ordinary stratagems? Might not an act of perfidy +equally prevent a siege or a battle? If we are justified in contending +for our rights by force, it is hard to say that we may not do so by +fraud; but it is still harder to distinguish the kinds and the limits +of such fraud, or to say where it ceases to be lawful. + +And to this length did Polyænus apparently go, as we see in the cases +of downright perfidy which he includes in his collection of stratagems. +The Locrians swore to observe a treaty with the Sicilians so long as +they trod the earth they then walked on, or carried their heads on +their shoulders: the next day they threw away the heads of garlic which +they had carried under their cloaks on their shoulders, and the earth +they had strewn in their shoes, and began a general massacre of the +Sicilians.[188] The Campanians, having agreed to surrender half their +arms, cut them in half, and so virtually surrendered nothing.[189] +Paches, the Athenian, says Frontinus, having promised personal safety +to his enemies on condition of their laying down their arms, or as he +termed it, their _iron_, slew all those who, having laid down their +arms, still retained the _iron_ clasps in their cloaks.[190] + +By these means it is undoubtedly possible to gain that advantage over +your enemy which, according to every theory of war, it is the paramount +object of hostilities to obtain; for it has been too often forgotten +that a nation’s honour and character, which an enlightened patriotism +should value higher than the mere earth on which it feeds and treads, +are sacrificed and impaired whenever a treaty is taken by one of the +parties to it to have been made in another sense from that which was +clearly understood by both parties to have constituted its spirit at +the time of making it. What a lasting stain rests, for instance, on the +memory of Francis I., who before signing the Treaty of Madrid, by which +he swore, in return for his liberty, to restore the Duchy of Burgundy, +and to return a prisoner to Spain if he failed to do so, made a formal +protest beforehand, in the presence of some friends, that the oath he +was about to take was involuntary and therefore void, and broke it the +moment he was free! And this was the man whose memory is associated +with the famous saying after the battle of Pavia: ‘All is lost save +honour.’ What he really said after that event, in a letter to his +mother, was this: ‘All is lost save my honour and my life, which is +safe,’ and the letter went on at length, much more in keeping with the +character of that monarch.[191] His life indeed he saved; his honour he +never recovered. + +It was agreed at the Brussels Conference that resort to every possible +method of obtaining information about the forces or country of an +enemy should count as a fair military stratagem; and, indeed, with the +subject of the deceitful side of war the military theory and treatment +of Spies occupies no inconsiderable place. + +Vattel is again as good an exponent as we can have of what international +law teaches on this subject. His argument is as follows: It is not +contrary to the law of nations to seduce one of the hostile side to +turn spy, nor to bribe a governor to deliver a town, because such +actions do not, like the use of poison or assassination, strike at +the common welfare and safety of mankind. Such actions are the common +episodes of every war. But that they are not in themselves honourable +or compatible with a good conscience is proved by the fact that +generals who resort to such means never boast of them; and, if they are +at all excusable, it is only in the case of a very just war, when there +is no other way of saving a country from ruin at the hands of lawless +conquerors. A sovereign has no right to require the services of a spy +from any of his subjects, but he may hold out the temptation of reward +to mercenary souls; and if a governor is willing to sell himself and +offer us a town for money, should we scruple to take advantage of his +crime, and to get without danger what we have a right to get by force? +At the same time a spy may rightly be put to death, because it is the +only way we have of guarding against the mischief he may do us.[192] + +Frederick the Great of Prussia was a contemporary of Vattel, and in +November 1760 he published some military instructions for the use +of his generals which, in the matter of spies, was based on a wider +practical knowledge of the matter than of course belonged to the more +pacific publicist. He classified spies into ordinary spies, double +spies, spies of distinction, and spies by compulsion. By double spies +he meant spies who also pretended to be in the service of the side +they betrayed. By spies of distinction he meant officers of hussars, +whose services he had found useful under the peculiar circumstances of +the Austrian campaign. When he could not procure himself spies among +the Austrians, owing to the careful guard which their light troops +kept round their camp, the idea occurred to him, and he acted on it +with success, of utilising the suspension of arms that was customary +after a skirmish between hussars to make those officers the means +of conducting an epistolary correspondence with the officers on the +other side. Spies by compulsion he explained in this way: ‘When you +wish to convey false information to an enemy, you take a trustworthy +soldier and compel him to pass to the enemy’s camp to report there +all that you wish the enemy to believe; you also send by him letters +to excite the troops to desertion.’ And in the event of its being +impossible to obtain information about the enemy, this distinguished +child of Mars prescribes the following: Choose some rich citizen, +who has land and wife and children, and another man disguised as his +servant or coachman, who understands the enemy’s language. Force the +former to take the latter with him to the enemy’s camp to complain of +injuries sustained, threatening him that if he fail to bring the man +back with him after having stayed long enough for the desired object, +his wife and children shall be hanged and his house burnt. ‘I was +myself constrained,’ adds this great warrior, ‘to have recourse to this +method, when we were encamped at ----, and it succeeded.’[193] + +Such were the military ethics of the great philosopher and king, whose +character in the closer intimacy of biography proved so disagreeable a +revelation to Carlyle. Pagan antiquity might be searched in vain for +practice or sentiments more ignoble. Sertorius, the Roman captain, +was one of the greatest masters of stratagem in the world, yet how +different his language from that of the Great Frederick! ‘A man,’ he +said, ‘who has any dignity of feeling should conquer with honour, and +not use any base means even to save his life.’ + +From the sentiments of Frederick the Great regarding spies, let us pass +to those of our own time. From Lord Wolseley’s ‘Soldier’s Pocket-Book’ +may be gained some insight as to the manner in which a spy in an +enemy’s camp may correspond with the hostile general. The best way, +he suggests, is to send a peasant with a letter written on very thin +paper, which may be rolled up so tightly as to be portable in a quill +an inch and a half long, and this precious quill may be hidden in the +hair or beard, or in a hollow made at the end of a walking-stick. It is +also a good plan to write secret correspondence in lemon-juice across +a newspaper or the leaves of a New Testament; it is then safe against +discovery, and will become legible when held before a fire or near a +red iron. + +‘As a nation,’ says Lord Wolseley, ‘we are bred up to feel it a +disgrace even to succeed by falsehood; the word spy conveys something +as repulsive as slave; we will keep hammering along with the conviction +that honesty is the best policy, and that truth always wins in the long +run. These pretty little sentiments do well for a child’s copy-book, +but a man who acts upon them had better sheathe his sword for +ever.’[194] Was there ever such a confession of the incompatibility of +the soldier’s calling with the precepts of ordinary honour? For how not +so, if he must so far stoop from the ordinary level of moral rectitude +as to be ready to scorn honesty and to trifle with truth? And then the +question is, Had not a man better sheathe his sword for ever, or rather +not enter at all upon a trade where he will have to regard the eternal +principles of right and wrong as so much pretty sentiment only fit for +the copy-book? + +Since, therefore, we have the authority of Vattel, of Frederick the +Great, and of Lord Wolseley that spies may or even must be employed in +war, and that, be the trickery or bribery never so mean that procures +their services, no discredit reflects itself upon those generals +who use them--it is impossible not to notice it as one of the chief +anomalies in existing military usages that, although a general has an +unlimited right to avail himself of the services of a spy or a traitor, +the penalty for acting in either of the latter capacities is death. +The capital penalty is not of itself any test of the moral character +of the action to which it is affixed, for the service of a fire-ship, +which demanded the most desperate bravery, used to be undertaken in the +face of capital punishment. Moreover, some of the most famous names +in military history have not hesitated to act as spies. Sertorius +was honoured by Marius with the usual rewards of signal valour for +having learnt the language of the Gauls and gone as a spy amongst them +disguised in their dress. The French general Custine entered Mayence in +the disguise of a butcher. Catinat spied out the strength of Luxembourg +in the costume of a coal-heaver. Montluc entered Perpignan as a cook, +and only resolved never again to act as a spy because the narrowness +of his escape convinced him, not that it was a service of too much +dishonour, but a service of too much danger. + +The custom of killing spies is an old Roman one,[195] and, indeed, +seems to have prevailed all the world over. Nevertheless there have +been exceptions even to that. Scipio Africanus had some Carthaginian +spies who were brought before him led through the camp, and then +dismissed under escort, and with the polite inquiry whether they had +examined everything to their satisfaction.[196] + +The consul Lævinus is said to have dealt in the same way with some +spies that were taken, and so did Xerxes by some Greek detectives. At +the famous siege of Antwerp in 1584-5, when a Brabant spy was brought +before the Prince of Parma, the latter gave orders that he should be +shown all the works connected with the wonderful bridge that he was +then constructing across the Scheldt, and then sent him back to the +besieged city with these words: ‘Go and tell those who sent you what +you have seen. Tell them that I firmly intend either to bury myself +beneath the ruin of this bridge or by means of it to pass into your +city.’ + +There is a clear middle course between both extremes. Instead of being +hung or shot or sent away scot free, a spy might fairly be made a +prisoner of war. Suggestions in this sense were made at the Brussels +Conference on the Laws of War. The Spanish delegate proposed that the +custom of hanging or shooting detected spies should be abolished, and +the custom be substituted of interning them as prisoners of war during +the continuance of hostilities. The Belgian delegate proposed that in +no case should they be put to death without trial; and it was even +sought to establish a distinction between the deserts of the really +patriotic and the merely mercenary spy. The feeling in fact made itself +clearly visible, that an act of which a general might fairly avail +himself could not in common justice be regarded as criminal in the +agent. Between a general and a spy the common-law rule of principal and +agent plainly holds good: ‘He who acts through another acts through +himself.’ In a case of espionage either both principal and agent are +guilty of a criminal act, or neither is. If the spy as such violates +the laws of war, so does the general who employs him; and either +deserves the same punishment. Were it not so, a general who should +hire a bravo to assassinate an enemy would incur no moral blame, nor +could be held to act outside the boundary of lawful and honourable +hostilities. + +In some other respects the Brussels Conference displayed the vagueness +of sentiment that prevails about the use of spies in war. It was +agreed between all the Powers that no one should be considered as a +spy but one who secretly or under false pretences sought to obtain +information for the enemy in occupied districts; that military men +collecting such information within the zone of hostile operations +should not be regarded as spies if it were possible to recognise their +military character; and that military men, and even civilians, if +their proceedings were open, charged with despatches, should not, if +captured, be treated as spies; nor individuals who carried despatches +or kept up communications between different parts of an army through +the air in balloons. The German delegate proposed, with regard to +balloons, that those who sailed in them might be first of all summoned +to descend, then fired at if they refused, and if captured be treated +as prisoners, not as spies. The rejection of his proposal implies +that by the laws of modern war a balloonist is liable to be shot as a +spy; so that, from the point of view of personal danger, the service +of a balloon becomes doubly heroic. The Brussels Conference settled +nothing, owing to the withdrawal of England from that attempt to settle +by agreement between the nations the laws that should govern their +relations in war-time; but from what was on that occasion agreed to or +rejected may be gathered the prevalent practice of European warfare. +Is it not then a little remarkable that for the dangerous service of +espionage a different justice should be meted out to civilians and to +military men; and that a patriot who risks his life in a balloon should +also risk it in the same way as a spy, a deserter, or a traitor? + +But whatever be the fate of a spy, and in spite of distinguished +precedents to the contrary, men of honour will always instinctively +shrink from a service which involves falsehood from beginning to +end. The sentiment is doubtless praiseworthy: but what is the moral +difference between entering a town as a spy and the military service +of winning it by surprise? What, for instance, shall we think of +the Spanish officers and soldiers who, dressed as peasants and with +baskets of nuts and apples on their arms, gained possession of Amiens +in 1597 by spilling the contents of their baskets and then slaying the +sentinels as they scrambled to pick them up?[197] What of the officers +who, in the disguise of peasants and women, and concealing daggers and +pistols, got possession of Ulm for the Elector of Bavaria? What of +the French who, in Dutch costume, and by supplications in Dutch to be +granted a refuge from a pursuing enemy, surprised a fort in Holland in +1672?[198] What of Prince Eugene, who took the fortress of Breysach by +sending in a large force concealed in hay-carts under the conduct of +two hundred officers disguised as peasants?[199] What of the Chevalier +Bayard, that favourite of legendary chivalry, who, having learnt from a +spy the whereabouts of a detachment of Venetian infantry, went by night +to the village where they slept, and with his men slew all but three +out of some three hundred men as they ran out of their houses?[200] +What of Callicratidas the Cyrenæan, who begged the commander of a fort +to receive four sick soldiers, and sent them in on their beds with +an escort of sixteen soldiers, so that they easily overpowered the +guards and won the place for their general?[201] What of Phalaris, who, +having petitioned for the hand of a commandant’s daughter, overcame +the garrison by sending in soldiers dressed as women servants, and +purporting to bear presents to his betrothed?[202] What of Feuquières, +who, whilst pretending to lead a German force and praying for shelter +from a snowstorm, affixed his pétards to the gates of Neuborg, and, +having taken the town, put the whole of the garrison of 650 men to the +sword?[203] + +In what respect do such actions which are the everyday stratagems of a +campaign, and count as perfectly fair, differ from the false pretences +which constitute the iniquity of the spy? In this respect only--that +whilst he bears his danger alone, in the case of a surprise the danger +is distributed among numbers. + +And, in point of fact, there was a time when the service of a surprise +and that of espionage were so far regarded as the same that by the laws +of war death was not only the allotted portion of the captured spy but +of all who were caught in an endeavour to take a place by surprise. +The rule, according to Vattel, was not changed, nor the soldiers who +were captured in a surprise regarded or treated as prisoners of war, +till the year 1597, when, Prince Maurice having failed in an attempt to +take Venloo by surprise, and having lost some of his men, who were put +to death for that offence, the new rule that has since prevailed was +agreed upon by both sides for the sake of their future mutual immunity +from that peril. + +The usual rule laid down to distinguish a bad from a good stratagem is +that in the latter there is no violation of an expressly or tacitly +pledged faith. The violation of a conference, a truce, or a treaty +has always therefore been reprobated, however commonly practised. But +certain occurrences of history suggest the feasibility of corresponding +stratagems which cannot be judged by so simple a formula and which +therefore are of still uncertain right. + +The first stratagem of this kind that suggests itself is that of +forgery. Hannibal, having defeated and slain the Roman general +Marcellus, and thereby become possessed of his seal, the Romans found +it necessary to despatch messages to all their garrison towns that +no more attention should be paid to orders purporting to come from +Marcellus. The precedent suggests the use of forged despatches as a +weapon of war. To obtain in time of peace, for use in time of war, the +signatures of men likely to be hostile commanders, would obviously +be of immense military service for purposes either of defence or +aggression. The stratagem would be dishonourable in the highest degree; +but, unfortunately, the standard of measurement in such cases is rather +their effectiveness than their abstract morality. + +The second stratagem of the sort is the stratagem of false intelligence. +To what extent is it lawful to deceive an enemy by downright falsehood? +The Chevalier Bayard, ‘without fear or reproach,’ when besieged by +the Imperialists in Mézières, contrived to make the enemy raise the +siege by sending a messenger with letters containing false information +destined to fall into the hands of the enemy. The invention of the +telegraph has increased the means of deceiving the enemy by false +intelligence, and was freely so used in the Civil War of the United +States. It is said to be better to secure the services of a few +telegraph operators in a hostile country than to have dozens of +ordinary spies; and for this reason, according to the eminent author of +the ‘Soldier’s Pocket-Book’: ‘Before or during an action an enemy may +be deceived to any extent by means of such men; messages can be sent +ordering him to concentrate upon wrong points, or, by giving him false +information, you may induce him to move as you wish.’ + +Another stratagem is suggested by the conduct of the Prince of Orange, +who, having detected in one of his own secretaries a spy in the +service of the Prince of Luxembourg, forced him to write a letter to +the latter containing such information as enabled himself to effect a +march he wished to conceal. Might not, then, prisoners of war be used +for the same compulsory service? For a spy just as much as a soldier +is a recognised and accredited military agent, and, if the former +may be made the channel of falsehood, why not the prisoner of war? +The Romans made use of the latter to acquire information about their +enemy’s plans, if in no other way, by torture or the threat of it; +the Germans forced some of their French prisoners to perform certain +military services connected with carrying on their campaign--would it +be therefore unfair to make use of them as the Prince of Orange made +use of his secretary? + +To such questions there is no answer from the international law +writers. Still less is there any authoritative military doctrine +concerning them, and, if the stratagems in debate are excluded from +‘good’ war by the military honour of to-day, the above study of warlike +artifices has been made to little purpose if it has not taught us how +changeable and capricious that standard is, and of what marvellous +adjustment it is capable. + +It were a treat at which the gods themselves might smile to see and +hear a moral philosopher and a military officer brought into conference +together concerning the stratagems permissible in war. Let the reader +imagine them trying to distribute in just and equal parts the due share +of blame attaching severally to the following agents--to the man who +betrays his country or his cause for gold, and the general who tempts +him to his crime or accepts it gladly; to the man who serves as a spy, +to the general who on the one side sends or employs him as a spy, and +to the general who on the other side hangs him as a spy; to the man +who discovers the strength of a town in the disguise of a butcher, and +to his fellow-soldiers who enter it disguised as peasants or under the +plea of shelter from sickness or a snowstorm; to the man who gains an +advantage by propagating false intelligence, and the man who does so +by the use of forged despatches; the man who, like Scipio, plays at +negotiations for peace in order the better to spy out and avail himself +of an enemy’s weakness, and the man who makes offers of treason to +an enemy in order the more easily to take him at a disadvantage--and +the conclusion will be not unlikely to occur to him, when he shudders +at the possible length and futility of that imaginary disputation, +that, whatever havoc is caused by a state of war to life, to property, +to wealth, to family affections, to domestic honour, it is a havoc +absolutely incomparable to that which it produces among the received +moral principles of mankind. The military code regarding the fair and +legitimate use of fraud and deception has nothing whatever in common +with the ordinary moral code of civil life, the principles openly +professed in it being so totally foreign to our simplest rules of +upright and worthy conduct that in any other than the fighting classes +of our civilised societies they would not be advocated for very shame, +nor listened to for a moment without resentment. + + + + +CHAPTER VI. + +BARBARIAN WARFARE. + + _Non avaritia, non crudelitas modum novit.... Quæ clam commissa + capite luerentur, quia paludati fecere laudamus._--SENECA. + + Variable notions of honour--Primitive ideas of a military + life--What is civilised warfare--Advanced laws of war among + several savage tribes--Symbols of peace among savages--The Samoan + form of surrender--Treaties of peace among savages--Abeyance of + laws of war in hostilities with savages--Zulus blown up in caves + with gun-cotton--Women and men kidnapped for transport service + on the Gold Coast--Humane intentions of the Spaniards in the + New World contrasted with the inhumanity of their actions--Wars + with natives of English and French in America--High rewards + offered for scalps--The use of bloodhounds in war--The use of + poison and infected clothes--Penn’s treaty with the Indians--How + Missionaries come to be a cause of war--Explanation of the failure + of modern Missions--The Mission Stations as centres of hostile + intrigue--Plea for the State-regulation of Missions--Depopulation + under Protestant influences--The prevention of false rumours, + _Tendenzlügen_--Civilised and barbarian warfare--No real + distinction between them. + + +A missionary, seeing once a negro furrowing his face with scars, asked +him why he put himself to such needless pain, and the reply was: ‘For +honour, and that people on seeing me may say, There goes a man of +heart.’ + +Ridiculous as this negro’s idea of honour must appear to us, it bears +a sufficient resemblance to other notions of the same kind that have +passed current in the world at different times to satisfy us of the +extreme variability of the sentiment in question. Cæsar built with +difficulty a bridge across the Rhine, chiefly because he held it +beneath his own dignity, or the Roman people’s, for his army to cross +it in boats. The Celts of old thought it as ignominious to fly from an +inundation, or from a burning or falling house, as to retreat from an +enemy. The Spartans considered it inglorious to pursue a flying foe, or +to be killed in storming a besieged city. The same Gauls who gloried +in broadsword-wounds would almost go mad with shame if wounded by an +arrow or other missile that only left an imperceptible mark. The use +of letters was once thought dishonourable by all the European nations. +Marshal Montluc, in the sixteenth century, considered it a sign of +abnormal overbookishness for a man to prefer to spend a night in his +study than to spend it in the trenches, though, now, a contrary taste +would be thought by most men the mark of a fool. + +Such are some of the curious ideas of honour that have prevailed at +different times. Wherein we seem to recognise not merely change but +advance; one chief difference between the savage and civilised state +lying in the different estimates entertained in either of martial +prowess and of military honour. We laugh nowadays at the ancient +Britons who believed that the souls of all who had followed any other +pursuit than that of arms, after a despised life and an unlamented +death, hovered perforce over fens and marshes, unfit to mingle with +those of warriors in the higher and brighter regions; or at the +horsemen who used before death to wound themselves with their spears, +in order to obtain that admission to Walhalla which was denied to all +who failed to die upon a battle-field; or at the Spaniards, who, when +Cato disarmed them, preferred a voluntary death to a life destined to +be spent without arms.[204] No civilised warrior would pride himself, +as Fijian warriors did, on being generally known as the ‘Waster’ or +‘Devastator’ of such-and-such a district; the most he would look for +would be a title and perhaps a perpetual pension for his descendants. +We have nothing like the custom of the North American tribes, among +whom different marks on a warrior’s robe told at a glance whether his +fame rested on the slaughter of a man or a woman, or only on that of a +boy or a girl. We are inferior in this respect to the Dacota tribes, +among whom an eagle’s feather with a red spot on it denoted simply +the slaughter of an enemy, the same feather with a notch and the +sides painted red, that the said enemy had had his throat cut, whilst +according as the notches were on one side or on both, or the feather +partly denuded, anyone could tell after how many others the hero had +succeeded in touching the dead body of a fallen foe. The stride is +clearly a great one from Pyrrhus, the Epirot king, who, when asked +which of two musicians he thought the better, only deigned to reply +that Polysperchon was the general, to Napoleon, the French emperor, who +conferred the cross of the Legion of Honour on Crescentini the singer. + +And as the pursuit of arms comes with advancing civilisation to occupy +a lower level as compared with the arts of peace, so the belief is the +mark of a more polished people that the rapacity and cruelty which +belong to the war customs of a more backward nation, or of an earlier +time, are absent from their own. They invent the expression _civilised +warfare_ to emphasise a distinction they would fain think inherent +in the nature of things; and look, by its help, even on the mode of +killing an enemy, with a moral vision that is absurdly distorted. How +few of us, for example, but see the utmost barbarity in sticking a man +with an assegai, yet none whatever in doing so with a bayonet? And why +should we pride ourselves on not mutilating the dead, while we have +no scruples as to the extent to which we mutilate the living? We are +shocked at the mention of barbarian tribes who poison their arrows, +or barb their darts, yet ourselves think nothing of the frightful +gangrenes caused by the copper cap in the Minié rifle-ball, and reject, +on the score of the expense of the change, the proposal that bullets of +soft lead, which cause needless pain, should no longer be used among +the civilised Powers for small-arm ammunition.[205] + +But whilst the difference in these respects between barbarism and +civilisation is thus one that rather touches the surface than the +substance of war, the result is inevitably in either state a different +code of military etiquette and sentiment, though the difference is +far less than in any other points of comparison between them. When +the nations of Christendom therefore came in contact with unknown +and savage races, whose customs seemed different from their own and +little worthy of attention, they assumed that the latter recognised +no laws of war, much as some of the earlier travellers denied the +possession or faculty of speech to people whose language they could not +interpret. From which assumption the practical inference followed, that +the restraints which were held sacred between enemies who inherited +the same traditions of military honour had no need to be observed in +hostilities with the heathen world. It is worth while, therefore, to +show how baseless was the primary assumption, and how laws of war, in +no way dissimilar to those of Europe, may be detected in the military +usages of barbarism. + +To spare the weak and helpless was and is a common rule in the warfare +of the less civilised races. The Guanches of the Canary Islands, says +an old Spanish writer, ‘held it as base and mean to molest or injure +the women and children of the enemy, considering them as weak and +helpless, therefore improper objects of their resentment; neither +did they throw down or damage houses of worship.’[206] The Samoans +considered it cowardly to kill a woman:[207] and in America the Sioux +Indians and Winnebagoes, though barbarous enough in other respects, are +said to have shown the conventional respect to the weaker sex.[208] +The Basutos of South Africa, whatever may be their customs now, are +declared by Casalis, one of the first French Protestant missionaries +to their country, to have respected in their wars the persons of +women, children, and travellers, and to have spared all prisoners who +surrendered, granting them their liberty on the payment of ransom.[209] + +Few savage races were of a wilder type than the Abipones of South +America; yet Dobritzhoffer, the Jesuit missionary, assures us not only +that they thought it unworthy of them to mangle the bodies of dead +Spaniards, as other savages did, but that they generally spared the +unwarlike, and carried away boys and girls uninjured. The Spaniards, +Indians, negroes, or mulattoes whom they took in war they did not +treat like captives, but with kindness and indulgence like children. +Dobritzhoffer never saw a prisoner punished by so much as a word or a +blow, but he bears testimony to the compassion and confidence often +displayed to captives by their conquerors. It is common to read of the +cruelty of the Red Indians to their captives; but Loskiel, another +missionary, declares that prisoners were often adopted by the victors +to supply the place of the slain, and that even Europeans, when it came +to an exchange of prisoners, sometimes refused to return to their own +countrymen. In Virginia notice was sent before war to the enemy, that +in the event of their defeat, the lives of all should be spared who +should submit within two days’ time. + +Loskiel gives some other rather curious testimony about the Red +Indians. ‘When war was in contemplation they used to admonish each +other to hearken to the good and not to the evil spirits, the former +always recommending peace. They seem,’ he adds with surprise, ‘to +have had no idea of the devil as the prince of darkness before the +Europeans came into the country.’ The symbol of peace was the burial +of the hatchet or war-club in the ground; and when the tribes renewed +their covenants of peace, they exchanged certain belts of friendship +which were singularly expressive. The principal belt was white, with +black streaks down each side and a black spot at each end: the black +spots represented the two people, and the white streak between them +signified, that the road between them was now clear of all trees, +brambles, and stones, and that every hindrance was therefore removed +from the way of perfect harmony. + +The Athenians used the same language of symbolism when they declared +war by letting a lamb loose into the enemy’s country: this being +equivalent to saying, that a district full of the habitations of men +should shortly be turned into a pasture for sheep.[210] + +The Fijians used to spare their enemy’s fruit trees; the Tongan +islanders held it as sacrilege to fight within the precincts of the +burial place of a chief, where the greatest enemies were obliged to +meet as friends. + +Most of the lower races recognise the inviolability of ambassadors and +heralds, and have well-established emblems of a truce or armistice. +The wish for peace which the Zulu king in vain sought from his English +invaders by the symbol of an elephant’s tusk (1879), was conveyed +in the Fiji Islands by a whale’s tooth, in the Sandwich by a young +plantain tree or green branch of the ti plant, and among most North +American tribes by a white flag of skin or bark. The Samoan symbol +for an act of submission in deprecation of further hostilities conveys +some indication of the possible origin of these pacific symbols. The +conquered Samoan would carry to his victor some bamboo sticks, some +firewood, and some small stones; for as a piece of split bamboo was +the original Samoan knife, and small stones and firewood were used for +the purpose of roasting pigs, this symbol of submission was equivalent +to saying: ‘Here we are, your pigs, to be cooked if you please, and +here are the materials wherewith to do it.’[211] In the same way the +elephant’s tusk or the whale’s tooth may be a short way of saying to +the victor: ‘Yours is the strength of the elephant or the whale; we +recognise the uselessness of fighting with you.’ + +In the same way many savage tribes take the greatest pains to impress +the terms of treaties as vividly as possible on the memory of the +contracting parties by striking and intelligible ceremonies. In the +Sandwich Islands a wreath woven conjointly by the leaders of either +side and placed in a temple was the chief symbol of peace. On the Fiji +Islands, the combatant forces would meet and throw down their weapons +at one another’s feet. The Tahitians wove a wreath of green boughs, +furnished by each side; exchanged two young dogs; and having also +made a band of cloth together, deposited the wreath and the band in +the temple, with imprecations on the side which should first violate +so solemn a treaty of peace.[212] On the Hervey Islands, the token of +the cessation of war was the breaking of a number of spears against +a large chestnut tree; the almost imperishable coral tree was planted +in the valleys to signify the hope that the peace might last as long +as the tree; and after the drum of peace had been solemnly beaten +round the island, it was unlawful for any man to carry a weapon, or +to cut down any iron-wood, which he might turn into an implement of +destruction. + +Even our custom of proclaiming that a war is not undertaken against +a people but against its rulers is not unknown in savage life. The +Ashantee army used to strew leaves on their march, to signify that +their hostility was not with the country they passed through but only +with the instigators of the war; they told the Fantees that they had +no war with them collectively, but only with some of them.[213] How +common a military custom this appeal to the treason of an enemy is, +notwithstanding the rarity of its success, everybody knows. When, +for instance, the Anglo-Zulu war began, it was solemnly proclaimed +that the British Government had no quarrel with the Zulu people; it +was a war against the Zulu king, not against the Zulu nation. (Jan. +11, 1879.) So were the Ashantees told by the English invading force; +so were the Afghans; so were the Egyptians; and so were the French +by the Emperor William before his merciless hordes laid waste and +desolate some of the fairest provinces of France; so, no doubt, will +be told the Soudan Arabs. And yet this appeal to treason, this premium +on a people’s disloyalty, is the regular precursor of wars, wherein +destruction for its own sake, the burning of grain and villages for +the mere pleasure of the flames, forms almost invariably the most +prominent feature. The military view always prevails over the civil, +of the meaning of hostilities that have no reference to a population +but only to its government. In the Zulu war, for instance, in spite +of the above proclamation, the lieutenant-general ordered raids to be +made into Zululand for the express purpose of burning empty kraals or +villages; defending such procedure by the usual military logic, that +the more the natives at large felt the strain of the war, the more +anxious they would be to see it concluded; and it was quite in vain for +the Lieutenant-Governor of Natal to argue that the burning of empty +kraals would neither do much harm to the Zulus nor good to the English; +and that whereas the war had been begun on the ground that it was waged +against the Zulu king and not against his nation, such conduct was +calculated to alienate from the invaders the whole of the Zulu people, +including those who were well disposed to them. Such arguments hardly +ever prevail over that passion for wanton destruction and for often +quite unnecessary slaughter, which finds a ready and comprehensive +shelter under the wing of military exigencies. + +The assumption, therefore, that savage races are ignorant of all laws +of war, or incapable of learning them, would seem to be based rather on +our indifference about their customs than on the realities of the case, +seeing that the preceding evidence to the contrary results from the +most cursory inquiry. But whatever value there may be in our own laws +of war, as helping to constitute a real difference between savage and +civilised warfare, the best way to spread the blessing of a knowledge +of them would clearly be for the more civilised races to adhere to +them strictly in all wars waged with their less advanced neighbours. +An English commander, for instance, should no more set fire to the +capital of Ashantee or Zululand for so paltry a pretext as the display +of British power than he would set fire to Paris or Berlin; he should +no more have villages or granaries burnt in Africa or Afghanistan +than he would in Normandy; and he should no more keep a Zulu envoy or +truce-bearer in chains[214] than he would so deal with the bearer of a +white flag from a Russian or Italian enemy. + +The reverse principle, which is yet in vogue, that with barbarians +you must or may be barbarous, leads to some curious illustrations of +civilised warfare when it comes in conflict with the less civilised +races. In one of the Franco-Italian wars of the sixteenth century, +more than 2,000 women and children took refuge in a large mountain +cavern, and were there suffocated by a party of French soldiers, who +set fire to a quantity of wood, straw, and hay, which they stacked +at the mouth of the cave; but it was considered so shameful an act, +that the Chevalier Bayard had two of the ringleaders hung at the +cavern’s mouth.[215] Yet when the French General Pélissier in this +century suffocated the unresisting Algerians in their caves, it was +even defended as no worse than the shelling of a fortress; and there +is evidence that gun-cotton was not unfrequently used to blast the +entrance to caves in Zululand in which men, women, and children had +hoped to find shelter against an army which professed only to be +warring with their king.[216] + +The following description of the way in which, in the Ashantee war, the +English forces obtained native carriers for their transport service is +not without its instruction in this respect:-- + +‘We took to kidnapping upon a grand scale. Raids were made on all +the Assin villages within reach of the line of march, and the men, +and sometimes the women, carried off and sent up the country under +guard, with cases of provisions. Lieutenant Bolton, of the 1st West +India Regiment, rendered immense service in this way. Having been +for some time commandant of Accra, he knew the coast and many of the +chiefs; and having a man-of-war placed at his disposal, he went up and +down the coast, landing continually, having interviews with chiefs, +and obtaining from them large numbers of men and women; or when +this failed, landing at night with a party of soldiers, surrounding +villages, and sweeping off the adult population, leaving only a few +women to look after the children. In this way, in the course of a +month, he obtained several thousands of carriers.’[217] + +And then a certain school of writers talks of the love and respect for +the British Empire which these exhibitions of our might are calculated +to win from the inferior races! The Ashantees are disgraced by the +practice of human sacrifices, and the Zulus have many a barbarous +usage; but no amount of righteous indignation on that account justifies +such dealings with them as those above described. If it does, we can +no longer condemn the proceedings of the Spaniards in the New World. +For we have to remember that it was not only the Christianity of the +Inquisition, or Spanish commerce that they wished to spread; not mere +gold nor new lands that they coveted, but that they also strove for +such humanitarian objects as the abolition of barbarous customs like +the Mexican human sacrifices. ‘The Spaniards that saw these cruel +sacrifices,’ wrote a contemporary, the Jesuit Acosta, ‘resolved with +all their power to abolish so detestable and cursed a butchery of +men.’ The Spaniards of the sixteenth century were in intention or +expression every whit as humane as we English of the nineteenth. Yet +their actions have been a reproach to their name ever since. Cortes +subjected Guatamozin, king of Mexico, to torture. Pizarro had the Inca +of Peru strangled at the stake. Alvarado invited a number of Mexicans +to a festival, and made it an opportunity to massacre them. Sandoval +had 60 caziques and 400 nobles burnt at one time, and compelled their +relations and children to witness their punishment. The Pope Paul had +very soon (1537) to issue a bull, to the effect that the Indians were +really men and not brutes, as the Spaniards soon affected to regard +them. + +The whole question was, moreover, argued out at that time between +Las Casas and Sepulveda, historiographer to the Emperor Charles V. +Sepulveda contended that more could be effected against barbarism by a +month of war than by 100 years of preaching; and in his famous dispute +with Las Casas at Valladolid in 1550, defended the justice of all wars +undertaken against the natives of the New World, either on the ground +of the latter’s sin and wickedness, or on the plea of protecting them +from the cruelties of their own fellow-countrymen; the latter plea +being one to which in recent English wars a prominent place has been +always given. Las Casas replied--and his reply is unanswerable--that +even human sacrifices are a smaller evil than indiscriminate warfare. +He might have added that military contact between people unequally +civilised does more to barbarise the civilised than to civilise the +barbarous population. It is well worthy of notice and reflection +that the European battle-fields became distinctly more barbarous +after habits of greater ferocity had been acquired in wars beyond the +Atlantic, in which the customary restraints were forgotten, and the +ties of a common human nature dissolved by the differences of religion +and race. + +The same effect resulted in Roman history, when the extended dominion +of the Republic brought its armies into contact with foes beyond the +sea. The Roman annalists bear witness to the deterioration that ensued +both in their modes of waging war and in the national character.[218] +It is in an Asiatic war that we first hear of a Roman general poisoning +the springs;[219] in a war for the possession of Crete that the +Cretan captives preferred to poison themselves rather than suffer the +cruelties inflicted on them by Metellus;[220] in the Thracian war +that the Romans cut off their prisoners’ hands, as Cæsar afterwards +did those of the Gauls.[221] And we should remember that a practical +English statesman like Cobden foresaw, as a possible evil result of the +closer relations between England and the East, a similar deterioration +in the national character of his countrymen. ‘With another war or +two,’ he wrote, ‘in India and China, the English people would have an +appetite for bull-fights if not for gladiators.’[222] + +Nor is there often any compensation for such results in the improved +condition of the tribes whom it is sought to civilise after the method +recommended by Sepulveda. The happiest fate of the populations he +wished to see civilised by the sword was where they anticipated their +extermination or slavery by a sort of voluntary suicide. In Cuba, we +are told that ‘they put themselves to death, whole families doing +so together, and villages inviting other villages to join them in a +departure from a world that was no longer tolerable.’[223] And so it +was in the other hemisphere; the Ladrone islanders, reduced by the +sword and the diseases of the Spaniards, took measures intentionally to +diminish their numbers and to check population, preferring voluntary +extinction to the foul mercies of the Jesuits: till now a lepers’ +hospital is the only building left on what was once one of the most +populous of their islands. + +It must, however, be admitted in justice to the Spaniards, that the +principles which governed their dealings with heathen races infected +more or less the conduct of colonists of all nationalities. A real +or more often a pretended zeal for the welfare of native tribes came +among all Christian nations to co-exist with the doctrine, that in +case of conflict with them the common restraints of war might be put +in abeyance. What, for instance, can be worse than this, told of the +early English settlers in America by one of themselves? ‘The Plymouth +men came in the mean time to Weymouth, and there pretended to feast +the savages of those parts, bringing with them forks and things for +the purpose, which they set before the savages. They ate thereof +without any suspicion of any mischief, who were taken upon a watchword +given, and with their own knives hanging about their necks were by the +Plymouth planters stabbed and slain.’[224] + +Among the early English settlers it soon came to be thought, says +Mather, a religious act to kill an Indian. In the latter half of the +seventeenth century both the French and English authorities adopted +the custom of scalping and of offering rewards for the scalps of their +Indian enemies. In 1690 the most healthy and vigorous Indians taken +by the French ‘were sold in Canada, the weaker were sacrificed and +scalped, and for every scalp they had a premium.’[225] Caleb Lyman, who +afterwards became an elder of a church at Boston, left an account of +the way in which he himself and five Indians surprised a wigwam, and +scalped six of the seven persons inside, so that each might receive +the promised reward. On their petition to the great and general court +they received 30_l._ each, and Penhallow says not only that they +probably expected eight times as much, but that at the time of writing +the province would have readily paid a sum of 800_l._ for a similar +service.[226] Captain Lovewell, says the same contemporary eulogist of +the war that lasted from July 1722 to December 1725, ‘from Dunstable +with thirty volunteers went northward, who marching several miles up +country came on a wigwam where were two Indians, one of whom they +killed and the other took, for which they received the promised bounty +of 100_l._ a scalp, and two shillings and sixpence a day besides.’ +(December 19, 1724.)[227] At the surprise of Norridjwock ‘the number of +dead which we scalped were 26, besides Mr. Rasle the Jesuit, who was a +bloody incendiary.’[228] It is evident that these very liberal rewards +must have operated as a frequent cause of Indian wars, and made the +colonists open-eared to tales of native outrages; indeed the whites +sometimes disguised themselves like Indians, and robbed like Indians, +in order, it would appear, the more effectually to raise the war-cry +against them.[229] + +Since the Spaniards first trained bloodhounds in Cuba to hunt the +Indians, the alliance between soldiers and dogs has been a favourite +one in barbarian warfare. The Portuguese used them in Brazil when +they hunted the natives for slaves.[230] And an English officer in +a treatise he wrote in the last century as a sort of military guide +to Indian warfare suggested coolly: ‘Every light horseman ought to +be provided with a bloodhound, which would be useful to find out the +enemy’s ambushes and to follow their tracks. They would seize the +naked savages, and at least give time to the horsemen to come up with +them.’[231] In the Molucca Islands the use of two bloodhounds against +a native chief was the cause of a great confederacy between all the +islands to shake off the Spanish and Portuguese yoke.[232] And even +in the war waged by the United States in Florida from 1838 to 1840, +General Taylor was authorised to send to Cuba for bloodhounds to scent +out the Indians; nor, according to one account, was their aid resorted +to in vain.[233] + +Poison too has been called in aid. Speaking of the Yuta Indians, a +traveller assures us that ‘as in Australia, arsenic and corrosive +sublimate in springs and provisions have diminished their number.’[234] +And in the same way ‘poisoned rum helped to exterminate the +Tasmanians.’[235] + +But there is worse yet in this direction. The Portuguese in Brazil, +when the importation of slaves from Africa rendered the capture of the +natives less desirable than their extermination, left the clothes +of persons who had died of small-pox or scarlet fever to be found by +them in the woods.[236] And the caravan traders from the Missouri to +Santa Fé are said by the same method or in presents of tobacco to have +communicated the small-pox to the Indian tribes of that district in +1831.[237] The enormous depopulation of most tribes by the small-pox +since their acquaintance with the whites is one of the most remarkable +results in the history of their mutual connection; nor is it likely +ever to be known to what extent the coincidence was accidental. + +It is pleasant to turn from these practical illustrations of the theory +that no laws of war need be regarded in hostilities with savage tribes +to the only recorded trial of a contrary system, and to find, not +only that it is associated with one of the greatest names in English +history, but also that the success it met with fully justifies the +suspicion and disfavour with which the commoner usage is beginning to +be regarded. The Indians with whom Penn made his famous treaty in 1682 +(of which Voltaire said that it was the only treaty that was never +ratified by an oath, and the only treaty that was never broken), were +of the same Algonquin race with whom the Dutch had scarcely ever kept +at peace, and against whom they had warred in the customary ruthless +fashion of those times. The treaty was based on the principle of an +adjustment of differences by a tribunal of an equal number of Red +men and of White. ‘Penn,’ says the historian, ‘came without arms; +he declared his purpose to abstain from violence, he had no message +but peace, and not one drop of Quaker blood was ever shed by an +Indian’[238] For more than seventy years, from 1682 to 1754, when the +French war broke out, in short, during the whole time that the Quakers +had the principal share in the government of Pennsylvania, the history +of the Indians and Whites in that province was free from the tale of +murders and hostilities that was so common in other districts; so +that the single instance in which the experiment of equal laws and +forbearance has been patiently persevered in, can at least boast of a +success that in support of the contrary system it were very difficult +to find for an equal number of years in any other part of the world. + +It may also be said against Sepulveda’s doctrine, that the habits of +a higher civilisation, where they are really worth spreading, spread +more easily and with more permanent effect among barbarous neighbours +by the mere contagion of a better example than by the teaching of +fire and sword. Some of the Dyak tribes in Borneo are said to have +given up human sacrifices from the better influences of the Malays +on the coast district.[239] The Peruvians, according to Prescott, +spread their civilisation among their ruder neighbours more by +example than by force. ‘Far from provoking hostilities, they allowed +time for the salutary example of their own institutions to work its +effect, trusting that their less civilised neighbours would submit to +their sceptre from a conviction of the blessings it would secure to +them.’ They exhorted them to lay aside their cannibalism, their human +sacrifices, and their other barbarities; they employed negotiation, +conciliatory treatment, and presents to leading men among the tribes; +and only if all these means failed did they resort to war, but to war +which at every stage was readily open to propositions of peace, and in +which any unnecessary outrage on the persons or property of their enemy +was punished with death. + +Something will have been done for the cause of this better method +of civilising the lower races, if we forewarn and forearm ourselves +against the symptoms of hostilities with them by a thorough +understanding of the conditions which render such hostilities probable. +For as an outbreak of fever is to some extent preventable by a +knowledge of the conditions which make for fevers, so may the outbreak +of war be averted by a knowledge of the laws which govern their +appearance. The experience which we owe to history in this respect +is amply sufficient to enable us to generalise with some degree of +confidence and certainty as to the causes or steps which produce wars +or precede them; and from the remembrance of our dealings with the +savage races of South Africa we may forecast with some misgivings the +probable course of our connection with a country like New Guinea. + +A colony of Europeans in proximity with barbarian neighbours naturally +desires before long an increase of territory at the expense of +the latter. The first sign of such a desire is the expedition of +missionaries into the country, who not only serve to spy it out for +the benefit of the colony, but invariably weaken the native political +force by the creation of a division of feeling, and of an opposition +between the love of old traditions and the temptation of novel customs +and ideas. The innovating party, being at first the smaller, consisting +of the feeblest and poorest members of the community, and of those who +gladly flock to the mission-stations for refuge from their offences +against tribal law, the missionaries soon perceive the impossibility of +further success without the help of some external aid. The help of a +friendly force can alone turn the balance of influence in their favour, +and they soon learn to contemplate with complacency the advantages of +a military conquest of the natives by the colony or mother-country. +The evils of war are cancelled, in their eyes, by the delusive visions +of ultimate benefit, and, in accordance with a not uncommon perversion +of the moral sense, an end that is assumed to be religious is made to +justify measures that are the reverse. + +When the views and interests of the colonial settlers and of the +missionaries have thus, inevitably but without design, fallen into +harmony, a war is certain to be not far distant. Apparently accidental, +it is in reality as certain as the production of green from a mixture +of blue and yellow. Some dispute about boundaries, some passing act of +violence, will serve for a reason of quarrel, which will presently be +supported by a fixed array of collateral pretexts. The Press readily +lends its aid; and in a week the colony trembles or affects to tremble +from a panic of invasion, and vials of virtue are expended on the vices +of the barbarians which have been for years tolerated with equanimity +or indifference. Their customs are painted in the blackest colours; the +details of savage usages are raked up from old books of travel; rumours +of massacres and injuries are sedulously propagated; and the whole +country is represented as in such a state of anarchy, that the majority +of the population, in their longing for deliverance from their own +rulers, would gladly welcome even a foreign conqueror. In short, a war +against them comes speedily to be regarded as a war in their behalf, +as the last word of philanthropy and beneficence; and the atrocities +that subsequently ensue are professedly undertaken, not against the +unfortunate people who endure them, but to liberate them from the ruler +of their choice or sufferance, in whose behalf however they fight to +the death. + +To every country, therefore, which would fain be spared from these +discreditable wars with barbarian tribes on the borders of its +colonies, it is clear that the greatest caution is necessary against +the abuses of missionary propagandism. The almost absolute failure of +missions in recent centuries, and more especially in the nineteenth, +is intimately associated with the greater political importance which +the improved facilities of travel and intercourse have conferred upon +them. Everyone has heard how Catholicism was persecuted in Japan, till +at last the very profession of Christianity was made a capital crime in +that part of the world. But a traveller, who knew the East intimately +at the time, explains how it was that the Jesuits’ labours resulted +so disastrously. On the outbreak of civil dissensions in Japan, ‘the +Christian priests thought it a proper time for them to settle their +religion on the same foundation that Mahomet did his, by establishing +it in blood. Their thoughts ran on nothing less than extirpating the +heathen out of the land, and they framed a conspiracy of raising an +army of 50,000 Christians to murder their countrymen, that so the whole +island might be illuminated by Christianity such as it was then.’[240] +And in the same way, a modern writer, speaking of the very limited +success of missions in India, has asserted frankly that ‘in despair +many Christians in India are driven to wish and pray that some one, or +some way, may arise for converting the Indians by the sword.’[241] + +Nor are the heathen themselves blind to the political dangers which +are involved in the presence of missionaries among them. All over the +world conversion is from the native point of view the same thing as +disaffection, and war is dreaded as the certain consequence of the +adoption of Christianity. The French bishop, Lefebvre, when asked by +the mandarins of Cochin China, in 1847, the purpose of his visit, said +that he read in their faces that they suspected him ‘of having come +to excite some outbreak among the neophytes, and perhaps prepare the +way for an European army;’ and the king was ‘afraid to see Christians +multiply in his kingdom, and in case of war with European Powers, +combine with his enemies.’[242] How right events have proved him to +have been! + +The story is the same in Africa. ‘Not long after I entered the +country,’ said the missionary, Mr. Calderwood, of Caffraria, ‘a leading +chief once said to me, “When my people become Christians, they cease to +be my people.”’[243] The Norwegian missionaries were for twenty years +in Zululand without making any converts but a few destitute children, +many of whom had been given to them out of pity by the chiefs,[244] +and their failure was actually ascribed by the Zulu king to their +having taught the incompatibility of Christianity with allegiance +to a heathen ruler.[245] In 1877, a Zulu of authority expressed the +prevalent native reasoning on this point in language which supplies +the key to disappointments that extend much further than Zululand: ‘We +will not allow the Zulus to become so-called Christians. It is not the +king says so, but every man in Zululand. If a Zulu does anything wrong, +he at once goes to a mission-station, and says he wants to become a +Christian; if he wants to run away with a girl, he becomes a Christian; +if he wishes to be exempt from serving the king, he puts on clothes, +and is a Christian; if a man is an umtagati (evil-doer), he becomes a +Christian.’[246] + +It is on this account that in wars with savage nations the destruction +of mission-stations has always been so constant an episode. Nor can +we wonder at this when we recollect that in the Caffre war of 1851, +for instance, it was a subject of boast with the missionaries that +it was Caffres trained on the mission-stations who had preserved the +English posts along the frontiers, carried the English despatches, and +fought against their own countrymen for the preservation and defence +of the colony.[247] It is rather a poor result of all the money and +labour that has been spent in the attempt to Christianise South Africa, +that the Wesleyan mission-station at Edendale should have contributed +an efficient force of cavalry to fight against their countrymen in +the Zulu campaign; and we may hesitate whether most to despise the +missionaries who count such a result as a triumph of their efforts, or +the converts whom they reward with tea and cake for military service +with the enemies of their countrymen.[248] + +It needs no great strain of intelligence to perceive that this use of +mission-stations as military training-schools scarcely tends to enhance +the advantages of conversion in the minds of the heathen among whom +they are planted. + +For these reasons, and because it is becoming daily more apparent that +wars are less a necessary evil than an optional misery of human life, +the principal measure for a country which would fain improve, and +live at peace with, the less civilised races which touch the numerous +borders of its empire, would be the legal restraint or prevention +of missionary enterprise: a proposal that will appear less startling +if we reflect that in no quarter of the globe can that method of +civilising barbarism point to more than local or ephemeral success. +The Protestant missions of this century are in process of failure, +as fatal and decided as that which befel the Catholic missions of +the French, Portuguese, or Spanish, in the sixteenth and seventeenth +centuries, and very much from the same causes. The English wars in +South Africa, with which the Protestant missionaries have been so +closely connected, have frustrated all attempts to Christianise that +region, just as ‘the fearful wars occasioned directly or indirectly by +the missionaries’ sent by the Portuguese to the kingdoms of Congo and +Angola in the sixteenth century rendered futile similar attempts on the +West Coast.[249] + +The same process of depopulation under Protestant influences may now +be observed in the Sandwich Islands or New Zealand that reduced the +population of Hispaniola, under Spanish Christianity, from a million to +14,000 in a quarter of a century.[250] No Protestant missionary ever +laboured with more zeal than Eliot did in America in the seventeenth +century, but the tribes he taught have long since been extinct: +‘like one of their own forest trees, they have withered from core to +bark;’[251] and, in short, the history of both Catholic and Protestant +missions alike may be summed up in this one general statement: either +they have failed altogether of results on a sufficient scale to be +worthy of notice, or the impartial page of history unfolds to us one +uniform tale of civil war, persecution, conquest, and extirpation in +whatever regions they can boast of more at least of the semblance of +success. + +Another measure in the interests of peace would be the organisation of +a class of well-paid officials whose duty it should be to examine on +the spot into the truth of all rumours of outrages or atrocities which +are circulated from time to time, in order to set the tide of public +opinion in favour of hostile measures. Such rumours may, of course, +have some foundation, but in nine cases out of ten they are false. So +lately as the year 1882, the _Times_ and other English papers were +so far deceived as to give their readers a horrible account of the +sacrifice of 200 young girls to the spirits of the dead in Ashantee; +and people were beginning to ask themselves whether such things could +be suffered within reach of an English army, when it was happily +discovered that the whole story was fictitious. Stories of this sort +are what the Germans call _Tendenzlügen_, or lies invented to produce a +certain effect. Their effect in rousing the war-spirit is undeniable; +and, although the healthy scepticism which has of recent years been +born of experience affords us some protection, no expenditure could be +more economical than one which should aim at rendering them powerless +by neutralising them at the fountain-head. + +In the preceding historical survey of the relations in war between +communities standing on different levels of civilisation, the +allusion, among some of the rudest tribes, to laws of war very similar +to those supposed to be binding between more polished nations tends to +discredit the distinction between civilised and barbarian warfare. The +progress of knowledge threatens the overthrow of the distinction, just +as it has already reduced that between organic and inorganic matter, +or between animal and vegetable life, to a distinction founded rather +on human thought than on the nature of things. And it is probable that +the more the military side of savage life is studied, the fewer will be +found to be the lines of demarcation which are thought to establish a +difference in kind in the conduct of war by belligerents in different +stages of progress. The difference in this respect is chiefly one of +weapons, of strategy, and of tactics; and it would seem that whatever +superiority the more civilised community may claim in its rules of +war is more than compensated in savage life both by the less frequent +occurrence of wars and by their far less fatal character. + +But, however much the frequency and ferocity of the wars waged by +barbarian races as compared with those waged by civilised nations has +been exaggerated, there is no doubt but that in warfare, more than +in anything else, there is most in common between civilisation and +savagery, and that the distinction between them most nearly disappears. +In art and knowledge and religion the distinction between the two is so +wide that the evolution of one from the other seems still to many minds +incredible; but in war, and the thoughts which relate to it, the points +of analogy cannot fail to strike the most indifferent. We see still +in either condition, the same notions of the glory of fighting, the +same belief in war as the only source of strength and honour, the same +hope from it of personal advancement, the same readiness to seize any +pretext for resorting to it, the same foolish sentiment that it is mean +to live without it. + +Then only will the distinction between the two be final, complete, +and real, when all fighting is relegated to barbarism, and regarded +as unworthy of civilised humanity; when the enlightenment of +opinion, which has freed us already from such curses as slavery, the +torture-chamber, or duelling, shall demand instinctively the settlement +of all causes of quarrel by peaceful arbitration, and leave to the +lower races and the lower creation the old-fashioned resort to a trial +of violence and might, to competition in fraud and ferocity. + + + + +CHAPTER VII. + +WAR AND CHRISTIANITY. + + _Etsi adierant milites ad Joannem et formam observationis + acceperant, si etiam centurio crediderat, omnem postea militem + Dominus in Petro exarmando discinxit._--TERTULLIAN. + + The war question at the time of the Reformation--The remonstrances + of Erasmus against the custom--Influence of Grotius on the side of + war--The war question in the early Church--The Fathers against the + lawfulness of war--Causes of the changed views of the Church--The + clergy as active combatants for over one thousand years--Fighting + Bishops--Bravery in war and ecclesiastical preferment--Pope Julius + II. at the siege of Mirandola--The last fighting Bishop--Origin + and meaning of the declaration of war--Superstition in the naming + of weapons, ships, &c.--The custom of kissing the earth before a + charge--Connection between religious and military ideas--The Church + as a pacific agency--Her efforts to set limits to reprisals--The + altered attitude of the modern Church--Early reformers only + sanctioned just wars--Voltaire’s reproach against the Church--Canon + Mozley’s sermon on war--The answer to his apology. + + +Whether military service was lawful for a Christian at all was at the +time of the Reformation one of the most keenly debated questions; +and considering the force of opinion arrayed on the negative side, +its ultimate decision in the affirmative is a matter of more wonder +than is generally given to it. Sir Thomas More charges Luther and his +disciples with carrying the doctrines of peace to the extreme limits +of non-resistance; and the views on this subject of the Mennonites +and Quakers were but what at one time seemed not unlikely to have been +those of the Reformed Church generally. + +By far the foremost champion on the negative side was Erasmus, who +being at Rome at the time when the League of Cambray, under the +auspices of Julius II., was meditating war against the Republic of +Venice, wrote a book to the Pope, entitled ‘Antipolemus,’ which, though +never completed, probably exists in part in his tract known under the +title of ‘Dulce Bellum inexpertis,’ and printed among his ‘Adagia.’ +In it he complained, as one might complain still, that the custom of +war was so recognised as an incident of life that men wondered there +should be any to whom it was displeasing; and likewise so approved of +generally, that to find any fault with it savoured not only of impiety, +but of actual heresy. To speak of it, therefore, as he did in the +following passage, required some courage: ‘If there be anything in the +affairs of mortals which it is the interest of men not only to attack, +but which ought by every possible means to be avoided, condemned, and +abolished, it is of all things war, than which nothing is more impious, +more calamitous, more widely pernicious, more inveterate, more base, +or in sum more unworthy of a man, not to say of a Christian.’ In a +letter to Francis I. on the same subject, he noticed as an astonishing +fact, that out of such a multitude of abbots, bishops, archbishops, and +cardinals as existed in the world, not one of them should step forward +to do what he could, even at the risk of his life, to put an end to so +deplorable a practice. + +The failure of this view of the custom of war, which is in its essence +more opposed to Christianity than the custom of selling men for slaves +or sacrificing them to idols, to take any root in men’s minds, is a +misfortune on which the whole history of Europe since Erasmus forms +a sufficient commentary. That failure is partly due to the unlucky +accident which led Grotius in this matter to throw all his weight into +the opposite scale. For this famous jurist, entering at much length +into the question of the compatibility of war with the profession of +Christianity (thereby proving the importance which in his day still +attached to it), came to conclusions in favour of the received opinion, +which are curiously characteristic both of the writer and his time. +His general argument was, that if a sovereign was justified in putting +his own subjects to death for crimes, much more was he justified in +using the sword against people who were not his subjects, but strangers +to him. And this absurd argument was enforced by considerations as +feeble as the following: that laws of war were laid down in the Book +of Deuteronomy; that John the Baptist did not bid the soldiers, who +consulted him, to forsake their calling, but to abstain from extortion +and be content with their wages; that Cornelius the centurion, whom St. +Peter baptized, neither gave up his military life, nor was exhorted by +the apostle to do so; that the Emperor Constantine had many Christians +in his armies, and the name of Christ inscribed upon his banners; and +that the military oath after his time was taken in the name of the +Three Persons of the Trinity. + +One single reflection will suffice to display the utter shallowness of +this reasoning, which was after all only borrowed from St. Augustine. +For if Biblical texts are a justification of war, they are clearly a +justification of slavery; whilst, on the other hand, the general spirit +of the Christian religion, to say nothing of several positive passages, +is at least equally opposed to one custom as to the other. If then the +abolition of slavery is one of the services for which Christianity as +an influence in history claims a large share of the credit, its failure +to abolish the other custom must in fairness be set against it; for +it were easier to defend slave-holding out of the language of the New +Testament than to defend military service, far more being actually said +there to inculcate the duty of peace than to inculcate the principles +of social equality: and the same may be said of the writings of the +Fathers. + +The different attitude of the Church towards these two customs in +modern times, her vehement condemnation of the one, and her tolerance +or encouragement of the other, appears all the more surprising when +we remember that in the early centuries of our era her attitude was +exactly the reverse, and that, whilst slavery was permitted, the +unlawfulness of war was denounced with no uncertain or wavering voice. + +When Tertullian wrote his treatise ‘De Corona’ (201) concerning the +right of Christian soldiers to wear laurel crowns, he used words on +this subject which, even if at variance with some of his statements +made in his ‘Apology’ thirty years earlier, may be taken to express his +maturer judgment. ‘Shall the son of peace’ (that is, a Christian), +he asks, ‘act in battle when it will not befit him even to go to +law? Shall he administer bonds and imprisonments and tortures and +punishments who may not avenge even his own injuries?... The very +transference of his enrolment from the army of light to that of +darkness is sin.’ And again: ‘What if the soldiers did go to John +and receive the rule of their service, and what if the Centurion did +believe; the Lord by his disarming of Peter disarmed every soldier +from that time forward.’ Tertullian made an exception in favour of +soldiers whose conversion was subsequent to their enrolment (as was +implied in discussing their duty with regard to the laurel-wreath), +though insisting even in their case that they ought either to leave the +service, as many did, or to refuse participation in its acts, which +were inconsistent with their Christian profession. So that at that time +Christian opinion was clearly not only averse to a military life being +entered upon after baptism (of which there are no instances on record), +but in favour of its being forsaken, if the enrolment preceded the +baptism. The Christians who served in the armies of Rome were not men +who were converts or Christians at the time of enrolling, but men who +remained with the colours after their conversion. If it is certain that +some Christians _remained_ in the army, it appears equally certain that +no Christian at that time thought of _entering_ it. + +This seems the best solution of the much-debated question, to what +extent Christians served at all in the early centuries. Irenæus +speaks of the Christians in the second century as not knowing how +to fight, and Justin Martyr, his contemporary, considered Isaiah’s +prophecy about the swords being turned into ploughshares as in part +fulfilled, because his co-religionists, who in times past had killed +one another, did not then know how to fight even with their enemies. +The charge made by Celsus against the Christians, that they refused +to bear arms even in case of necessity, was admitted by Origen, but +justified on the ground of the unlawfulness of war. ‘We indeed,’ he +says, ‘fight in a special way on the king’s behalf, but we do not go +on campaigns with him, even should he press us to do so; we do battle +on his behalf as a peculiar army of piety, prevailing by our prayers +to God for him.’ And again: ‘We no longer take up the sword against +people, nor learn to make war any more, having become through Jesus, +who is our general, sons of peace.’ Nothing could be clearer nor more +conclusive than this language; and the same attitude towards war was +expressed or implied by the following Fathers in chronological order: +Justin Martyr, Tatian, Clement of Alexandria, Tertullian, Cyprian, +Lactantius, Archelaus, Ambrose, Chrysostom, Jerome, and Cyril. Eusebius +says that many Christians in the third century laid aside the military +life rather than abjure their religion. Of 10,050 pagan inscriptions +that have been collected, 545 were found to belong to pagan soldiers, +while of 4,734 Christian inscriptions of the same period, only 27 were +those of soldiers; from which it seems rather absurd to infer, as a +French writer has inferred, not that there was a great disproportion +of Christian to pagan soldiers in the imperial armies, but that most +Christian soldiers being soldiers of Christ did not like to have it +recorded on their epitaphs that they had been in the service of any +_man_.[252] + +On the other hand, there were certainly always some Christians who +remained in the ranks after their conversion, in spite of the military +oath in the names of the pagan deities and the quasi-worship of the +standards which constituted some part of the early Christian antipathy +to war. This is implied in the remarks of Tertullian, and stands in +no need of the support of such legends as the Thundering Legion of +Christians, whose prayers obtained rain, or of the Theban legion of +6,000 Christians martyred under Maximian. It was left as a matter of +individual conscience. In the story of the martyr Maximilian, when Dion +the proconsul reminded him that there were Christian soldiers among the +life-guards of the Emperors, the former replied, ‘They know what is +best for them to do; but I am a Christian and cannot fight.’ Marcellus, +the converted centurion, threw down his belt at the head of his legion, +and suffered death rather than continue in the service; and the annals +of the early Church abound in similar martyrdoms. Nor can there be +much doubt but that a love of peace and dislike of bloodshed were the +principal causes of this early Christian attitude towards the military +profession, and that the idolatry and other pagan rites connected with +it only acted as minor and secondary deterrents. Thus, in the Greek +Church St. Basil would have excluded from communion for three years +any one who had shed an enemy’s blood; and a similar feeling explains +Theodosius’ refusal to partake of the Eucharist after his great victory +over Eugenius. The canons of the Church excluded from ordination all +who had served in an army after baptism; and in the fifth century +Innocent I. blamed the Spanish churches for their laxity in admitting +such persons into holy orders.[253] + +The anti-military tendency of opinion in the early period of +Christianity appears therefore indisputable, and Tertullian would +probably have smiled at the prophet who should have predicted that +Christians would have ceased to keep slaves long before they should +have ceased to commit murder and robbery under the fiction of +hostilities. But it proves the strength of the original impetus, that +Ulphilas, the first apostle to the Goths, should purposely, in his +translation of the Scriptures, have omitted the Books of Kings, as too +stimulative of a love of war. + +How utterly in this matter Christianity came to forsake its earlier +ideal is known to all. This resulted partly from the frequent use of +the sword for the purpose of conversion, and partly from the rise of +the Mahometan power, which made wars with the infidel appear in the +light of acts of faith, and changed the whole of Christendom into a +kind of vast standing military order. But it resulted still more from +that compromise effected in the fourth century between paganism and +the new religion, in which the former retained more than it lost, and +the latter gave less than it received. Considering that the Druid +priests of ancient Gaul or Britain, like those of pagan Rome, were +exempt from military service,[254] and often, according to Strabo, had +such influence as to part combatants on the point of an engagement, +nothing is more remarkable than the extent to which the Christian +clergy, bishops, and abbots came to lead armies and fight in battle, +in spite of canons and councils of the Church, at a time when that +Church’s power was greater, and its influence wider, than it has ever +been since. Historians have scarcely given due prominence to this +fact, which covers a period of at least a thousand years; for Gregory +of Tours mentions two bishops of the sixth century who had killed +many enemies with their own hands, whilst Erasmus, in the sixteenth, +complains of bishops taking more pride in leading three or four hundred +dragoons, with swords and guns, than in a following of deacons and +divinity students, and asks, with just sarcasm, why the trumpet and +fife should sound sweeter in their ears than the singing of psalms or +the words of the Bible. + +In the fourteenth century, when war and chivalry were at their +height, occurred a remarkable protest against this state of things +from Wycliffe, who, in this, as in other respects, anticipated the +Reformation: ‘Friars now say that bishops can fight best of all men, +and that it falleth most properly to them, since they are lords of +all this world. They say, Christ bade his disciples sell their coats, +and buy them swords; but whereto, if not to fight? Thus friars make +a great array, and stir up men to fight. But Christ taught not his +apostles to fight with a sword of iron, but with the sword of God’s +word, which standeth in meekness of heart and in the prudence of man’s +tongue.... If manslaying in others be odious to God, much more in +priests who should be vicars of Christ.’ And Wycliffe proceeds not only +to protest against this, but to advocate the general cause of peace on +earth, on grounds which he is aware that men of the world will scorn +and reject as fatal to the existence of kingdoms.[255] + +It was no occasional, but an inveterate practice, and, apparently, +common in the world, long before the system of feudalism gave it +some justification by the connection of military service with the +enjoyment of lands. Yet it has now so completely disappeared that--as +a proof of the possible change of thought which may ultimately render +a Christian soldier as great an anomaly as a fighting bishop--it is +worth recalling from history some instances of so curious a custom. +‘The bishops themselves--not all, but many’--says a writer of King +Stephen’s reign, ‘bound in iron, and completely furnished with arms, +were accustomed to mount war-horses with the perverters of their +country, to share in their spoil; to bind and torture the knights whom +they took in the chance of war, or whom they met full of money.’[256] +It was at the battle of Bouvines (1214) that the famous Bishop of +Beauvais fought with a club instead of a sword, out of respect for +the rule of the canon which forbade an ecclesiastic to shed blood. +Matthew Paris tells the story how Richard I. took the said bishop +prisoner, and when the Pope begged for his release as being his own +son and a son of the Church, sent to Innocent III. the episcopal coat +of mail, with the inquiry whether he recognised it as that of his son +or of a son of the Church; to which the Pope had the wit to reply that +he could not recognise it as belonging to either.[257] The story also +bears repeating of the impatient knight who, sharing the command of a +division at the battle of Falkirk with the Bishop of Durham, cried out +to his slower colleague, before closing with the Scots, ‘It is not for +you to teach us war; to your Mass, bishop!’ and therewith rushed with +his followers into the fray (1298).[258] + +It is, however, needless to multiply instances, which, if Du Cange +may be credited, became more common during the devastation of France +by the Danes in the ninth century, when all the military aid that was +available became a matter of national existence. That event rendered +Charlemagne’s capitulary a dead letter, by which that monarch had +forbidden any ecclesiastic to march against an enemy, save two or +three bishops to bless the army or reconcile the combatants, and a few +priests to give absolution and celebrate the Mass.[259] It appears that +this law was made in response to an exhortation by Pope Adrian II., +similar to one addressed in the previous century by Pope Zachary to +Charlemagne’s ancestor, King Pepin. But though military service and the +tenure of ecclesiastical benefices became more common from the time of +the Danish irruptions, instances are recorded of abbots and archbishops +who chose rather to surrender their temporalities than to take part in +active service; and for many centuries the whole question seems to have +rested on a most uncertain footing, law and custom demanding as a duty +that which public and ecclesiastical opinion condoned, but which the +Church herself condemned. + +It is a signal mark of the degree to which religion became enveloped +in the military spirit of those miserable days of chivalry, that +ecclesiastical preferment was sometimes the reward of bravery on the +field, as in the case of that chaplain to the Earl of Douglas who, for +his courage displayed at the battle of Otterbourne, was, Froissart +tells us, promoted the same year to a canonry and archdeaconry at +Aberdeen. + +Vasari, in his ‘Life of Michael Angelo,’ has a good story which is +not only highly typical of this martial Christianity, but may be also +taken to mark the furthest point of divergence reached by the Church in +this respect from the standpoint of her earlier teaching. Pope Julius +II. went one day to see a statue of himself which Michael Angelo was +executing. The right hand of the statue was raised in a dignified +attitude, and the artist consulted the Pope as to whether he should +place a book in the left. ‘Put a sword into it,’ quoth Julius, ‘for of +letters I know but little.’ This was the Pope of whom Bayle says that +never man had a more warlike soul, and of whom, with some doubt, he +repeats the anecdote of his having thrown into the Tiber the keys of +St. Peter, with the declaration that he would thenceforth use the sword +of St. Paul. However this may be, he went in person to hasten the siege +of Mirandola, in opposition to the protests of the cardinals and to +the scandal of Christendom (1510). There it was that to encourage the +soldiers he promised them, that if they exerted themselves valiantly +he would make no terms with the town, but would suffer them to sack +it;[260] and though this did not occur, and the town ultimately +surrendered on terms, the head of the Christian Church had himself +conveyed into it by the breach. + +The scandal of this proceeding contributed its share to the discontent +which produced the Reformation; and that movement continued still +further the disfavour with which many already viewed the connection of +the clergy with actual warfare. It has, however, happened occasionally +since that epoch that priests of martial tastes have been enabled +to gratify them, the custom having become more and more rare as +public opinion grew stronger against it. The last recorded instance +of a fighting divine was, it would seem, the Bishop of Derry, who, +having been raised to that see by William III. in gratitude for the +distinguished bravery with which, though a clergyman, he had conducted +the defence of Londonderry against the forces of James II., and for +which the University of Oxford rewarded him with the title of Doctor +of Divinity, was shot dead at the battle of the Boyne. He had, says +Macaulay, ‘during the siege in which he had so highly distinguished +himself, contracted a passion for war,’ but his zeal to gratify it on +that second occasion cost him the favour of the king. It is, however, +somewhat remarkable that history should have called no special +attention to the last instance of a bishop who fought and died upon a +battle-field, nor have sufficiently emphasised the great revolution of +thought which first changed a common occurrence into something unusual, +and finally into a memory that seems ridiculous. No historical fact +affords a greater justification than this for the hope that, absurd as +is the idea of a fighting bishop to our own age, that of a fighting +Christian may be to our posterity. + +As bishops were in the middle ages warriors, so they were also the +common bearers of declarations of war. The Bishop of Lincoln bore, for +instance, the challenge of Edward III. and his allies to Charles V. +at Paris; and greatly offended was the English king and his council +when Charles returned the challenge by a common valet--they declared +it indecent for a war between two such great lords to be declared by a +mere servant, and not by a prelate or a knight of valour. + +The declaration of war in those times appears to have meant simply a +challenge or defiance like that then and afterwards customary in a +duel. It appears to have originated out of habits that governed the +relations between the feudal barons. We learn from Froissart that when +Edward was made Vicar of the German Empire an old statute was renewed +which had before been made at the emperor’s court, to the effect that +no one, intending to injure his neighbour, might do so without sending +him a defiance three days beforehand. The following extract from the +challenge of war sent by the Duke of Orleans, the brother of the King +of France, to Henry IV. of England, testifies to the close resemblance +between a declaration of war and a challenge to a deed of arms, and to +the levity which often gave rise to either: ‘I, Louis, write and make +known to you, that with the aid of God and the blessed Trinity, in the +desire which I have to gain renown, and which you likewise should feel, +considering idleness as the bane of lords of high birth who do not +employ themselves in arms, and thinking I can no way better seek renown +than by proposing to you to meet me at an appointed place, each of us +accompanied with 100 knights and esquires, of name and arms without +reproach, there to combat till one of the parties shall surrender; and +he to whom God shall grant the victory shall do with his prisoners as +he pleases. We will not employ any incantations that are forbidden by +the Church, but make use of the bodily strength given us by God, with +armour as may be most agreeable to everyone for the security of his +person, and with the usual arms, that is lance, battle-axe, sword, and +dagger ... without aiding himself by any bodkins, hooks, bearded darts, +poisoned needles or razors, as may be done by persons unless they are +positively ordered to the contrary....’[261] Henry IV. answered the +challenge with some contempt, but expressed his readiness to meet +the duke in single combat, whenever he should visit his possessions +in France, in order to prevent any greater effusion of Christian +blood, since a good shepherd, he said, should expose his own life for +his flock. It even seemed at one time as if wars might have resolved +themselves into this more rational mode of settlement. The Emperor +Henry IV. challenged the Duke of Swabia to single combat. Philip +Augustus of France is said to have proposed to Richard I. to settle +their differences by a combat of five on each side; and when Edward +III. challenged the realm of France, he offered to settle the question +by a duel or a combat of 100 men on each side, with which the French +king would, it appears, have complied, had Edward consented to stake +the kingdom of England against that of France. + +In the custom of naming the implements of war after the most revered +names of the Christian hagiology may be observed another trace of +the close alliance that resulted between the military and spiritual +sides of human life, somewhat like that which prevailed in the sort of +worship paid to their lances, pikes, and battle-axes by the ancient +Scandinavians.[262] Thus the two first forts which the Spaniards built +in the Ladrone Islands they called respectively after St. Francis +Xavier and the Virgin Mary. Twelve ships in the Armada were called +after the Twelve Apostles, and so were twelve of his cannons by Henry +VIII., one of which, St. John by name, was captured by the French in +1513.[263] It is probable that mere irreverence had less to do with +this custom than the hope thereby of obtaining favour in war, such as +may also be traced in the ceremony of consecrating military banners, +which has descended to our own times.[264] + +To the same order of superstition belongs the old custom of falling +down and kissing the earth before starting on a charge or assault +of battle. The practice is alluded to several times in Montluc’s +Commentaries, but so little was it understood by a modern French editor +that in one place he suggests the reading _baissèrent la tête_ (they +lowered their heads) for _baisèrent la terre_ (they kissed the earth). +But the latter reading is confirmed by passages elsewhere; as, for +instance, in the ‘Memoirs of Fleurange,’ where it is stated that Gaston +de Foix and his soldiers kissed the earth, according to custom, before +proceeding to march against the enemy;[265] and, again, in the ‘Life +of Bayard,’ by his secretary, who records it among the virtues of that +knight that he would rise from his bed every night to prostrate himself +at full length on the floor and kiss the earth.[266] This kissing of +the earth was an abbreviated form of taking a particle of it in the +mouth, as both Elmham and Livius mention to have been done by the +English at Agincourt before attacking the French; and this again was an +abbreviated form of receiving the sacrament, for Villani says of the +Flemish at Cambray (1302) that they made a priest go all over the field +with the sacred elements, and that, instead of communicating, each man +took a little earth and put it into his mouth.[267] This seems a more +likely explanation than that the custom was intended as a reminder to +the soldier of his mortality, as if in a trade like his there could be +any lack of testimony of that sort. + +It is curious to observe how war in every stage of civilisation has +been the central interest of public religious supplication; and how, +from the pagans of old to modern savages, the pettiest quarrels and +conflicts have been deemed a matter of interest to the immortals. The +Sandwich islanders and Tahitians sought the aid of their gods in war +by human sacrifices. The Fijians before war were wont to present their +gods with costly offerings and temples, and offer with their prayers +the best they could of land crabs or whales’ teeth; being so convinced +that they thereby ensured to themselves the victory, that once, when +a missionary called the attention of a war party to the scantiness of +their numbers, they only replied, with disdainful confidence, ‘Our +allies are the gods.’ The prayer which the Roman pontifex addressed +to Jupiter on behalf of the Republic at the opening of the war with +Antiochus, king of Syria, is extremely curious: ‘If the war which the +people has ordered to be waged with King Antiochus shall be finished +after the wish of the Roman senate and people, then to thee, O Jupiter, +will the Roman people exhibit the great games for ten successive days, +and offerings shall be presented at all the shrines of such value as +the senate shall decree.’[268] This rude state of theology, wherein +a victory from the gods may be obtained for a fair consideration in +exchange, tends to keep alive, if it did not originate, that sense of +dependence on invisible powers which constitutes the most rudimentary +form of religion; for it is a remarkable fact that the faintest +notions of supernatural agencies are found precisely among tribes +whose military organisation or love for war is the lowest and least +developed. In proportion as the war-spirit is cultivated does the +worship of war-presiding deities prevail; and since these are formed +from the memories of warriors who have died or been slain, their +attributes and wishes remain those of the former earthly potentate, who +though no longer visible, may still be gratified by presents of fruit, +or by slaughtered oxen or slaves. + +The Khonds of Orissa, in India, afford an instance of this close and +pernicious association between religious and military ideas, which may +be traced through the history of many far more advanced communities. +For though they regard the joy of the peace dance as the very highest +attainable upon earth, they attribute, not to their own will, but +to that of their war god, Loha Pennu, the source of all their wars. +The devastation of a fever or tiger is accepted as a hint from that +divinity that his service has been too long neglected, and they acquit +themselves of all blame for a war begun for no better reason, by the +following philosophy of its origin: ‘Loha Pennu said to himself, Let +there be war, and he forthwith entered into all weapons, so that from +instruments of peace they became weapons of war; he gave edge to the +axe and point to the arrow; he entered into all kinds of food and +drink, so that men in eating and drinking were filled with rage, and +women became instruments of discord instead of soothers of anger.’ And +they address this prayer to Loha Pennu for aid against their enemies: +‘Let our axes crush cloth and bones as the jaws of the hyæna crush +its prey. Make the wounds we give to gape.... When the wounds of our +enemies heal, let lameness remain. Let their stones and arrows fall +on us as the flowers of the mowa-tree fall in the wind.... Make their +weapons brittle as the long pods of the karta-tree.’ + +In their belief that wars were of external causation to themselves, +and in their endeavour to win by prayer a favourable issue to their +appeal to arms, it could scarcely be maintained that the nations +of Christendom have at all times shown any marked superiority over +the modern Khonds. But in spite of this, and of the fierce military +character that Christianity ultimately assumed, the Church always kept +alive some of her earlier traditions about peace, and even in the +darkest ages set some barriers to the common fury of the soldier. When +the Roman Empire was overthrown, her influence in this direction was +in marked contrast with what it has been ever since. Even Alaric when +he sacked Rome (410) was so far affected by Christianity as to spare +the churches and the Christians who fled to them. Leo the Great, Bishop +of Rome, inspired even Attila with respect for his priestly authority, +and averted his career of conquest from Rome; and the same bishop, +three years later (455), pleaded with the victorious Genseric that +his Vandals should spare the unresisting multitude and the buildings +of Rome, nor allow torture to be inflicted on their prisoners. At the +instance of Gregory II., Luitprand, the Lombard king, withdrew his +troops from the same city, resigned his conquests, and offered his +sword and dagger on the tomb of St. Peter (730). + +Yet more praiseworthy and perhaps more effective were the efforts of +the Church from the tenth century onwards to check that system of +private war which was then the bane of Europe, as the system of public +and international wars has been since. In the south of France several +bishops met and agreed to exclude from the privileges of a Christian +in life and after death all who violated their ordinances directed +against that custom (990). Only four years later the Council of Limoges +exhorted men to swear by the bodies of the saints that they would cease +to violate the public peace. Lent appears to have been to some extent +a season of abstinence from fighting as from other pleasures, for one +of the charges against Louis le Débonnaire was that he summoned an +expedition for that time of the year. + +In 1032 a Bishop of Aquitaine declared himself the recipient of a +message from heaven, ordering men to cease from fighting; and, not +only did a peace, called the Truce of God, result for seven years, +but it was resolved that such peace should always prevail during +the great festivals of the Church, and from every Thursday evening +to Monday morning. And the regulation for one kingdom was speedily +extended over Christendom, confirmed by several Popes, and enforced by +excommunication.[269] If such efforts were not altogether successful, +and the wars of the barons continued till the royal power in every +country was strong enough to suppress them, it must none the less be +recognised that the Church fought, if she fought in vain, against the +barbarism of a military society, and with an ardour that is in striking +contrast with her apathy in more recent history. + +It must also be granted that the idea of what the Papacy might do +for the peace of the world, as the supreme arbiter of disputes and +mediator between contending Powers, gained possession of men’s minds, +and entered into the definite policy of the Church about the twelfth +century, in a manner that might suggest reflection for the nineteenth. +The name of Gerohus de Reigersperg is connected with a plan for the +pacification of the world, by which the Pope was to forbid war to +all Christian princes, to settle all disputes between them, and to +enforce his decisions by the greatest powers that have ever yet been +devised for human authority--namely, by excommunication and deposition. +And the Popes attempted something of this sort. When, for instance, +Innocent III. bade the King of France to make peace with Richard I., +and was told that the dispute concerned a matter of feudal relationship +with which the Pope had no right of interference, he replied that he +interfered by right of his power to censure what he thought sin, and +quite irrespective of feudal rights. He also refused to consider the +destruction of places and the slaughter of Christians as a matter of no +concern to him; and Honorius III. forbade an attack upon Denmark, on +the ground that that kingdom lay under the special protection of the +Papacy.[270] + +The clergy, moreover, were even in the most warlike times of history +the chief agents in negotiations for peace, and in the attempt to +set limits to military reprisals. When, for instance, the French and +English were about to engage at Poitiers, the Cardinal of Perigord +spent the whole of the Sunday that preceded the day of battle in +laudable but ineffectual attempts to bring the two sides to an +agreement without a battle. And when the Duke of Anjou was about to +put 600 of the defenders of Montpellier to death by the sword, by the +halter, and by fire, it was the Cardinal of Albany and a Dominican monk +who saved him from the infamy of such a deed by reminding him of the +duty of Christian forgiveness. + +In these respects it must be plain to every one that the attitude +and power of the Church has entirely changed. She has stood apart +more and more as time has gone on from her great opportunities as a +promoter of peace. Her influence, it is notorious, no longer counts for +anything, where it was once so powerful, in the field of negotiation +and reconcilement. She lifts no voice to denounce the evils of war, nor +to plead for greater restraint in the exercise of reprisals and the +abuse of victory. She lends no aid to teach the duty of forbearance +and friendship between nations, to diminish their idle jealousies, nor +to explain the real identity of their interests. It may even be said +without risk of contradiction, that whatever attempt has been made to +further the cause of peace upon earth or to diminish the horror of the +customs of war, has come, not from the Church, but from the school of +thought to which she has been most opposed, and which she has studied +most persistently to revile. + +In respect, too, of the justice of the cause of war, the Church within +recent centuries has entirely vacated her position. It is noticeable +that in the 37th article of the English Church, which is to the effect +that a Christian at the command of the magistrate may wear weapons +and serve in the wars, the word _justa_, which in the Latin form +preceded the word _bella_ or wars, has been omitted.[271] The leaders +of the Reformation decided on the whole in favour of the lawfulness of +military service for a Christian, but with the distinct reservation +that the cause of war should be just. Bullinger, who was Zwingli’s +successor in the Reformed Church at Zurich, decided that though a +Christian might take up arms at the command of the magistrate, it +would be his duty to disobey the magistrate if he purposed to make +war on the guiltless; and that only the death of those soldiers on +the battle-field was glorious who fought for their religion or their +country. Thomas Becon, chaplain to Archbishop Cranmer, complained of +the utter disregard of a just and patriotic motive for war in the code +of military ethics then prevalent. Speaking of the fighters of his day, +he thus characterised their position in the State: ‘The rapacity of +wolves, the violence of lions, the fierceness of tigers is nothing in +comparison of their furious and cruel tyranny; and yet do many of them +this not for the safeguard of their country (for so it would be the +more tolerable), but to satisfy their butcher-like affects, to boast +another day of how many men they have been the death, and to bring +home the more preys that they may live the fatter ever after for these +spoils and stolen goods.’[272] From military service he maintained +that all considerations of justice and humanity had been entirely +banished, and their stead been taken by robbery and theft, ‘the +insatiable spoiling of other men’s goods, and a whole sea of barbarous +and beast-like manners.’ In this way the necessity of a just cause as +a reason for taking part in actual warfare was reasserted at the time +of the Reformation, and has only since then been allowed to drop out +of sight altogether; so that now public opinion has no guide in the +matter, and even less than it had in ancient Rome, the attitude of the +Church towards the State on this point being rather that of Anaxarchus +the philosopher to Alexander the Great, when, to console that conqueror +for his murder of Clitus, he said to him: ‘Know you not that Jupiter is +represented with Law and Justice at his side, to show that whatever is +done by sovereign power is right?’ + +Considering, therefore, that no human institution yet devised or +actually in existence has had or has a moral influence or facilities +for exercising it at all equal to that enjoyed by the Church, it is all +the more to be regretted that she has never taken any real interest +in the abolition of a custom which is at the root of half the crime +and misery with which she has to contend. Whatever hopes might at +one time have been reasonably entertained of the Reformed Church as +an anti-military agency, the cause of peace soon sank into a sort +of heresy, or what was worse, an unfashionable tenet, associated, +condemned, and contemned with other articles of religious dissent. +‘Those who condemn the profession or art of soldiery,’ said Sir James +Turner, ‘smell rank of anabaptism and quakery.’[273] + +It would be difficult to find in the whole range of history any such +example of wasted moral force. As Erasmus had cause to deplore it in +the sixteenth century, so had Voltaire in the eighteenth. The latter +complained that he did not remember a single page against war in the +whole of Bourdaloue’s sermons, and he even suggested that the real +explanation might be a literal want of courage on the part of the +clergy. The passage is worth quoting from the original, both for its +characteristic energy of expression and for its clear insight into +the real character of the custom of war:--‘Pour les autres moralistes +à gages que l’on nomme prédicateurs, ils n’ont jamais seulement osé +prêcher contre la guerre.... Ils se gardent bien de décrier la guerre, +qui réunit tout ce que la perfidie a de plus lâche dans les manifestes, +tout ce que l’infâme friponnerie a de plus bas dans les fournitures des +armées, tout ce que le brigandage a d’affreux dans le pillage, le viol, +le larcin, l’homicide, la dévastation, la destruction. Au contraire, +ces bons prêtres bénissent en cérémonie les étendards de meurtre; et +leurs confrères chantent pour de l’argent des chansons juives, quand +la terre a été inondée de sang.’[274] + +If Voltaire’s reproach is unjust, it can of course be easily refuted. +The challenge is a fair one. Let him be convicted of overstating his +charge, by the mention of any ecclesiastic of mark from either the +Catholic or the Protestant school within the last two centuries whose +name is associated with the advocacy of the mitigation or the abolition +of contests of force; or any war in the same period which the clergy +of either denomination have as a body resisted either on the ground +of the injustice of its origin or of the ruthless cruelty with which +it has been waged. Whatever has yet been attempted in this direction, +or whatever anti-military stimulus has been given to civilisation, +has come distinctly from men of the world or men of letters, not from +men of distinction in the Church: not from Fénelon or Paley, but from +William Penn, the Abbé St.-Pierre (whose connection with the Church +was only nominal), from Vattel, Voltaire, and Kant. In other words, +the Church has lost her old position of spiritual ascendency over +the consciences of mankind, and has surrendered to other guides and +teachers the influence she once exercised over the world. + +This is especially the case with our own Church; for before the most +gigantic evil of our time, her pulpit stands mute, and colder than +mute. Whatever sanction or support a body like the Peace Society has +met with from the Church or churches of England during its seventy +years’ struggle on behalf of humanity has been, not the general rule, +but the rare exception; and recent events would even seem to show that +the voice of the pulpit, so far from ever becoming a pacific agency, is +destined to become in the future the great tocsin of war, the loudest +clamourer for counsels of aggression. + +This attitude on the part of the Church having become more and more +marked and conspicuous, as wars in recent centuries have become more +frequent and more fierce, it was not unnatural that some attempt should +at last have been made to give some sort of justification of a fact +which has undoubtedly become an increasing source of perplexity and +distress to all sincere and reflective Christians. In default of a +better, let us take the justification offered by Canon Mozley in his +sermon on ‘War,’ preached before the University of Oxford on March 12, +1871, of which the following summary conveys a faithful, though of +necessity an abbreviated, reflection. The main points dwelt upon in +that explanation or apology are: That Christianity, by its original +recognition of the division of the world into nations, with all their +inherent rights, thereby recognised the right of war, which was plainly +one of them; that the Church, never having been constituted a judge +of national questions or motives, can only stand neutral between +opposing sides, contemplating war as it were forensically, as a mode +of international settlement that is amply justified by the want of +any other; that a natural justice is inherent not only in wars of +self-defence, but in wars for rectifying the political distribution of +the world’s races or nationalities, and in wars that aim at progress +and improvement; that the spirit of self-sacrifice inseparable from war +confers upon it a moral character that is in special harmony with the +Christian type; that as war is simply the working out of a problem by +force, there is no more hatred between the individual combatants than +there is in the working out of an argument by reasoning, ‘the enmity +is in the two wholes--the abstractions--the individuals are at peace;’ +that the impossibility of a substitution of a universal empire for +independent nations, or of a court of arbitration, bars all hope of the +attainment of an era of peace through the natural progress of society; +that the absence of any head to the nations of the world constitutes +a defect or want of plan in its system, which as it has been given to +it by nature cannot be remedied by other means; that it is no part +of the mission of Christianity to reconstruct that system, or rather +want of system, of the world, from which war flows, nor to provide +another world for us to live in; but that, nevertheless, Christianity +only sanctions it through the medium of natural society, and on the +hypothesis of a world at discord with itself. + +One may well wonder that such a tissue of irrelevant arguments could +have been addressed by any man in a spirit of seriousness to an +assembly of his fellows. Imagine such utterances being the last word of +Christianity! Surely a son of the Church were more recognisable under +the fighting Bishop of Beauvais’ coat of mail than under the disguise +of such language as this. Why should it be assumed, one might ask, +that the existence of distinct nations, each enjoying the power, and +therefore the right to make war upon its neighbours, is incompatible +with the existence of an international morality which should render the +exercise of the war-right impossible, or very difficult; or that the +Church, had she tried, could have contributed nothing to so desirable +a result? It is begging the question altogether to contend that a +state of things is impossible which has never been attempted, when +the very point at issue is whether, had it been attempted, it might +not by this time have come to be realised. The right of the mediæval +barons and their vassals to wage private war together belonged once +as much to the system, or want of system, of the world as the right +of nations to attack one another in our own or an earlier period of +history; yet so far was the Church, even in those days, from shrinking +from contact with so barbarous a custom as something beyond her power +or her mission, that she was herself the main social instrument that +brought it to an end. The great efforts made by the Church to abolish +the custom of private war have already been mentioned: a point which +Canon Mozley, perhaps, did wisely to ignore. Yet there is, surely, no +sufficient reason why the peace of the world should be an object of +less interest to the Church in these days than it was in those; or +why her influence should be less as one chief element in the natural +progress of society than it was when she fought to release human +society from the depraving custom of the right of private war. It is +impossible to contend that, had the Church inculcated the duties of +the individual to other nations as well as to his own, in the way to +which human reason would naturally respond, such a course would have +had no effect in solving the problem of enabling separate nationalities +to coexist in a state of peace as well as of independence. It is at +least the reverse of self-evident that the promotion of feelings of +international fraternity, the discouragement of habits of international +jealousy, the exercise of acts of international friendship, the +teaching of the real identity of international interests, in all of +which the pulpit might have lent, or might yet lend, an invaluable +aid, would have had, or would still have any detrimental effect on +the political system of distinct nationalities, or on the motives and +actions of a rational patriotism. It is difficult to believe that +the denunciations of a Church whose religious teaching had power to +restrain the military fury of an Alaric or a Genseric would have been +altogether powerless over the conduct of those German hordes whose +military excesses in France, in 1870, have left a lasting blot on +their martial triumph and the character of their discipline; or that +her efforts on behalf of peace, which more than a thousand years +ago effectually reconciled the Angles and Mercians, the Franks and +Lombards, would be wasted in helping to remove any standing causes of +quarrel that may still exist between France and Germany, England and +Russia, Italy and Austria. + +There are, indeed, hopeful signs, in spite of Canon Mozley’s apology +of despair, that the priesthood of Christendom may yet reawake to a +sense of its power and opportunities for removing from the world an +evil custom which lies at the root of almost every other, and is the +main cause and sustenance of crime and pauperism and disease. It is +possible that we have already passed the worst period of indifference +in this respect, or that it may some day prove only to have been +connected with the animosities of rival sects, ever ready to avail +themselves of the chances that war between different nations might +severally bring to their several petty interests. With the subsidence +of such animosities, it were reasonable to expect the Church to +reassert the more genuine principle of her action and attitude--that no +evil incident to human society is to be regarded as irremediable till +every resource has been exhausted to cope with it, and every outlet of +escape from it been proved to be a failure. Then, but not till then, is +it becoming in Christian priests to utter the language of helplessness; +then, but not till then, should the Church fold her hands in despair. + + + + +CHAPTER VIII. + +CURIOSITIES OF MILITARY DISCIPLINE. + + _La discipline n’est que l’art d’inspirer aux soldats plus de peur + de leurs officiers que des ennemis._--HELVETIUS. + + Increased severity of discipline--Limitation of the right of + matrimony--Compulsory Church parade, and its origin--Atrocious + military punishments--Reasons for the military love of + red--The origin of bear-skin hats--Different qualities of + bravery--Historical fears for the extinction of courage--The + conquests of the cause of peace--Causes of the unpopularity of + military service--The dulness of life in the ranks--The prevalence + of desertion--Articles of war against malingering--Military + artificial ophthalmia--The debasing influence of discipline + illustrated from the old flogging system--The discipline of the + Peninsular army--Attempts to make the service more popular, + by raising the private’s wages, by shortening his term of + service--The old recruiting system of France and Germany--The + conscription imminent in England--The question of military service + for women--The probable results of the conscription--Militarism + answerable for Socialism. + + +Two widely different conceptions of military discipline are contained +in the words of an English writer of the seventeenth century, and in +those of the French philosopher, Helvetius, in the eighteenth century. +There is a fine ring of the best English spirit in the sentence of +Gittins: ‘A soldier ought to fear nothing but God and dishonour.’ +And there is the true French wit and insight in that of Helvetius: +‘Discipline is but the art of inspiring soldiers with more fear for +their own officers than they have for the enemy.’[275] + +But the difference involved lies less in the national character of the +writers than in the lapse of time between them, discipline having by +degrees gained so greatly in severity that a soldier had come to be +regarded less as a moral free agent than as a mechanical instrument, +who, if he had any fear left for God and dishonour, felt it in a very +minor degree to that which he cherished for his colonel or commander. +This is the broad fact which explains and justifies the proposition of +Helvetius; though no one, recollecting the evils of the days of looser +discipline, might see cause to regret the change which deprived a +soldier almost entirely of the moral liberty that naturally belonged to +him as a man. + +The tendency of discipline to become more and more severe has of course +the effect of rendering military service less popular, and consequently +recruiting more difficult, without, unhappily, any corresponding +diminution in the frequency of wars, which are independent of the +hirelings who fight them. Were it otherwise, something might be said +for the military axiom, that a soldier enjoys none of the common rights +of man. There is therefore no gain from any point of view in denying +to the military class the enjoyment of the rights and privileges of +ordinary humanity. + +The extent of this denial and its futility may be shown by reference +to army regulations concerning marriage and religious worship. In the +Prussian army, till 1870, marriages were legally null and void and the +offspring of them illegitimate in the case of officers marrying without +royal consent, or of subordinate officers without the consent of the +commander of their regiments. But after the Franco-German war so great +was the social disorder found to be consequent upon these restrictions, +that a special law had to be made to remove the bar of illegitimacy +from the marriages in question.[276] In the English army the inability +of privates to marry before the completion of seven years’ service, and +the possession of at least one badge, and then only with the consent +of the commanding officer, is a custom so entirely contrary to the +liberty enjoyed in other walks of life, that, whatever its incidental +advantages, it can scarcely fail to act as a deterring motive when the +choice of a career becomes a subject of reflection. + +The custom of what is known in the army as Church Parade affords +another instance of the unreasonable curtailments of individual +liberty that are still regarded as essential to discipline. A soldier +is drummed to church just as he is drummed to the drill-ground or the +battle-field. His presence in church is a matter of compulsion, not of +choice or conviction; and the general principle that such attendance is +valueless unless it is voluntary is waived in his case as in that of +very young children, with whom, in this respect, he is placed on a par. +If we inquire for the origin of the practice, we shall probably find it +in certain old Saxon and imperial articles of war, which show that the +prayers of the military were formerly regarded as equally efficacious +with their swords in obtaining victories over their enemies; and +therefore as a very necessary part of their duty.[277] The American +articles of war, since 1806, enact that ‘it is earnestly recommended +to all officers and soldiers to attend divine service,’ thus obviating +in a reasonable way all the evils inevitably connected with a purely +compulsory, and therefore humiliating, church parade.[278] + +It may be that these restrictions of a soldier’s liberty are necessary; +but if they are, and if, as Lord Macaulay says, soldiers must, ‘for the +sake of public freedom, in the midst of public freedom, be placed under +a despotic rule,’ ‘must be subject to a sharper penal code and to a +more stringent code of procedure than are administered by the ordinary +tribunals,’ so that acts, innocent in the citizen or only punished +slightly, become crimes, capitally punishable, when committed by them, +then at least we need no longer be astonished that it should be almost +as difficult to entrap a recruit as to catch a criminal. + +But over and above the intrinsic disadvantages of military service, +it would almost seem as if the war-presiding genii had of set purpose +essayed to make it as distasteful as possible to mankind. For they have +made discipline not merely a curtailment of liberty and a forfeiture of +rights, but, as it were, an experiment on the extreme limits of human +endurance. There has been no tyranny in the world, political, judicial, +or ecclesiastical, but has had its parent and pattern in some military +system. It has been from its armies more than from its kings that +our world has learnt its lesson of arbitrary tribunals, tortures, and +cruel punishments. The Inquisition itself could scarcely have devised +a more excruciating punishment than the old English military one of +riding the Wooden Horse, when the victim was made to sit astride planks +nailed together in a sharp ridge, so as roughly to resemble a horse, +with his hands tied behind him, and muskets fixed to his legs to drag +them downwards; or again, than the punishment of the Picket, in which +the hand was fastened to a hook in a post above the head, and the +man’s suspended body left to be supported by his bare heel resting on +a wooden stump, of which the end was cut to the sharpness of a sword +point.[279] The punishment of running the gauntlet (from the German +_Gassenlaufen_, street running, because the victim ran through the +street between two lines of soldiers who tormented him on his course) +is said to have been invented by Gustavus Adolphus; and is perhaps, +from the fact of thus bringing the cruelty of many men to bear on a +single comrade, the most cowardly form of torture that has ever yet +found favour among military authorities.[280] + +But the penal part of military discipline, with its red-hot irons, +its floggings, and its various forms of death, is too repulsive to do +more than glance at as testimony of the cruelty and despotism that +have never been separated from the calling of arms. The art of the +disciplinarian has ever been to bring such a series of miseries to +bear upon a man’s life that the prospect of death upon the battle-field +should have for him rather charms than terrors; and the tale of the +soldier who, when his regiment was to be decimated, drew a blank +without the fatal D upon it, and immediately offered it to a comrade, +who had not yet drawn, for half-a-crown, shows at how cheap a rate men +may be reduced to value their lives after experience of the realities +of a military career. + +Many of the devices are curious by which this indifference to life has +been matured and sustained. In ancient Athens the public temples were +closed to those who refused military service, who deserted their ranks +or lost their bucklers; whilst a law of Charondas of Catana constrained +such offenders to sit for three days in the public forum dressed in the +garments of women. Many a Spartan mother would stab her son who came +back alive from a defeat; and such a man, if he escaped his mother, was +debarred not only from public offices but from marriage; exposed to +the blows of all who chose to strike him; compelled to dress in mean +clothing, and to wear his beard negligently trimmed. And in the same +way a Norse soldier who fled, or lost his shield, or received a wound +in any save the front part of his body, was by law prevented from ever +afterwards appearing in public.[281] + +There are, indeed, few military customs but have their origin and +explanation in the artificial promotion of courage in the minds of +the combatants. This is true even to the details and peculiarities +of costume. English children are, perhaps, still taught that French +soldiers wear red trousers in order that the sight of blood may not +frighten them in war-time; and doubtless French children imbibe a +similar theory regarding the red coats of the English. The same reason +was given by Julius Ferretus in the middle of the sixteenth century +for the short red frock then generally worn by the military.[282] The +first mention of red as a special military colour in England is said to +have been the order issued in 1526 for the coats of all yeomen of the +household to be of red cloth.[283] But the colour goes, at least, as +far back as Lycurgus, the Spartan lawgiver, who chose it, according to +Xenophon, because red is most easily taken by cloth and most lasting; +according to Plutarch, that its brightness might help to raise the +spirits of its wearers; or, according to Ælian and Valerius Maximus, +in order to conceal the sight of blood, that raw soldiers might not be +dispirited and the enemy proportionately encouraged. + +The bear-skin hats, which still make some English regiments so +ridiculous and unsightly, were originally no doubt intended to inspire +terror. Evelyn, writing of the year 1678, says: ‘Now were brought into +service a new sort of soldiers called Grenadiers, who were dexterous +in flinging hand-grenades, every man having a handful. They had furred +caps with coped crowns like Janizaries, which made them look very +fierce; and some had long hoods hanging down behind as we picture +fools.’ We may fairly identify the motive of such headgear with the +result; and the more so since the looking fierce with the borrowed +skins of bears was a well-known artifice of the ancient Romans. Thus +Vegetius speaks of helmets as covered with bear-skins in order to +terrify the enemy,[284] and Virgil has a significant description of a +warrior as + + Horridus in jaculis et pelle Libystidis ursæ. + +We may trace the same motive again in the figures of fierce birds or +beasts depicted on flags and shields and helmets, whence they have +descended with less harmful purpose to crests and armorial bearings. +Thus the Cimbri, whom Marius defeated, wore on their plume-covered +helmets the head of some fierce animal with its mouth open, vainly +hoping thereby to intimidate the Romans. The latter, before it became +customary to display the images of their emperors on their standards, +reared aloft the menacing representations of dragons, tigers, wolves, +and such like; and the figure of a dragon in use among the Saxons +at the time of the Conquest, and after that event retained by the +early Norman princes among the ensigns of war,[285] may reasonably +be attributed to the same motive. The legend of St. George killing +the Dragon, if it is not a survival of Theseus and the Minotaur, very +likely originated as a myth, intended to be explanatory of the custom. + +Lastly, under this head should be mentioned Villani’s account of the +English armour worn in the thirteenth century, where he describes how +the pages studied to keep it clean and bright, so that when their +masters came to action their armour shone like looking glass and gave +them a more terrifying appearance.[286] Was the result here again the +motive, and must we look for the primary cause of the great solicitude +still paid to the brightness of accoutrements to the hope thereby to +add a pang the more to the terror desirable to instil into an enemy? + +Such were some of the artificial supports supplied to bravery in former +times. But there is all the difference in the world between the bravery +appealed to by our ancestors and that required since the revolution +effected in warfare by the invention of gunpowder. Before that epoch, +the use of catapults, bows, or other missiles did not deduct from the +paramount importance of personal valour. The brave soldier of olden +times displayed the bravery of a man who defied a force similar or +equal to his own, and against which the use of his own right hand and +intellect might help him to prevail; but his modern descendant pits his +bravery mainly against hazard, and owes it to chance alone if he escape +alive from a battle. However higher in kind may be the bravery required +to face a shower of shrapnel than to contend against swords and spears, +it is assuredly a bravery that involves rather a blind trust in luck +than a rational trust in personal fortitude. + +So thoroughly indeed was this change foreseen and appreciated that at +every successive advance in the methods of slaughter curious fears +for the total extinction of military courage have haunted minds too +readily apprehensive, and found sometimes remarkable expression. +When the catapult[287] was first brought from Sicily to Greece, King +Archidamus saw in it the grave of true valour; and the sentiment +against firearms, which led Bayard to exclaim, ‘C’est une honte qu’un +homme de cœur soit exposé à périr par une miserable friquenelle,’ was +one that was traceable even down to the last century in the history of +Europe. For Charles XII. of Sweden is declared by Berenhorst to have +felt keenly the infamy of such a mode of fighting; and Marshal Saxe +held musketry fire in such contempt that he even went so far as to +advocate the reintroduction of the lance, and a return to the close +combats customary in earlier times.[288] + +But our military codes contain no reflection of the different aspects +under which personal bravery enters into modern, as compared with +ancient, warfare; and this omission has tended to throw governments +back upon pure force and compulsion, as the only possible way of +recruiting their regiments. The old Roman military punishments, such as +cruelly scourging a man before putting him to death, afford certainly +no models of a lenient discipline; but when we read of companies who +lost their colours being for punishment only reduced to feed on barley +instead of wheat, and reflect that death by shooting would be the +penalty under the discipline of most modern nations[289] for an action +bearing any complexion of cowardice, it is impossible to admit that +a rational adjustment of punishments to offences is at all better +observed in the war articles of the moderns than in the military codes +of pagan antiquity. + +This, at least, is clear, from the history of military discipline, +that only by the most repressive laws, and by a tyranny subversive +of the commonest rights of men, is it possible to retain men in the +fighting service of a country, after forcing or cajoling them into +it. And this consideration fully meets the theory of an inherent love +of fighting dominating human nature, such as that contended for in a +letter from Lord Palmerston to Cobden, wherein he argues that man is +by nature a fighting and quarrelling animal. The proposition is true +undoubtedly of some savage races, and of the idle knights of the days +of chivalry, but, not even in those days, of the lower classes, who +incurred the real dangers of war, and still less of the unfortunate +privates or conscripts of modern armies. Fighting is only possible +between civilised countries, because discipline first fits men for war +and for nothing else, and then war again necessitates discipline. Nor +is anything gained by ignoring the conquests that have already been +won over the savage propensity to war. Single States no longer suffer +private wars within their boundaries, like those customary between +the feudal barons; we decide most of our quarrels in law courts, not +upon battle-fields, and wisely prefer arguments to arms. A population +as large as that of Ireland and about double as large as that of all +our colonies in Australia put together lives in London alone, not only +without weapons of defence in their hands, but with so little taste +for blood-encounters that you may walk for whole days through its +length and breadth without so much as seeing a single street-fight. +If then this miracle of social order has been achieved, why not the +wider one of that harmony between nations which requires but a little +common-sense and determination on the part of those most concerned in +order to become an accomplished reality? + +The limitations of personal liberty already alluded to would of +themselves suffice in a country of free institutions to render the +military profession distasteful and unpopular. The actual perils +of war, at no time greater than those of mines, railways, or +merchant-shipping, would never alone deter men from service; so that +we must look for other causes to explain the difficulty of recruiting +and the frequency of desertion, which are the perplexity of military +systems still based, as our own is, on the principle of voluntary not +compulsory enlistment. + +What then makes a military life so little an object of desire in +countries where it can be avoided is more than its dangers, more even +than its loss of liberty, its irredeemable and appalling dulness. The +shades in point of cheerfulness must be few and fine which distinguish +a barrack from a convict prison. In none of the employments of civil +life is there anything to compare with the unspeakable monotony of +parades, recurring three or four times every day, varied perhaps in +wet weather by the military catechism, and with the intervals of time +spent in occupations of neither interest nor dignity. The length of +time devoted to the mere cleaning and polishing of accoutrements is +such, that the task has actually come to have the name ‘soldiering’; +and the work which comes next in importance to this soldiering is the +humble one of peeling potatoes for dinner. Even military greatcoats +require on a moderate estimate half a hour or more every day to be +properly folded, the penalty of an additional hour’s drill being the +probable result of any carelessness in this highly important military +function. But for the attention thus given to military dress the author +of the ‘Soldier’s Pocket Book’ supplies us with a reason: ‘The better +you dress a soldier, the more highly he will be thought of by women and +consequently by himself.’ + +Still less calculated to lend attractiveness to the life of the ranks +are the daily fatigue works, or extra duties which fall in turn on the +men of every company, such as coal carrying, passage cleaning, gutter +clearing, and other like menial works of necessity. + +But it is the long hours of sentry duty, popularly called ‘Sentry-go,’ +which constitute the soldier’s greatest bane. Guard duty in England, +recurring at short periods, lasts a whole day and night, every four +hours of the twenty-four being spent in full accoutrements in the +guard-room, and every intervening two hours on active sentry, thus +making in all--sixteen hours in the guard-room, and eight on the sentry +post. The voluntary sufferings of the saints, the tortures devised by +the religious orders of olden days, or the self-inflicted hardships of +sport, pale before the two hours’ sentry-go on a winter’s night. This +it is that kills our soldiers more fatally than an enemy’s cannon, and +is borne with more admirable patience than even the hardships of a +siege. ‘After about thirty-one or thirty-two years of age,’ says Sir +F. Roberts, ‘the private soldier usually ages rapidly, and becomes a +veteran both in looks and habits;’[290] and this distinguished military +commander points to excessive sentry duty as the cause. + +But, possible as it thus is, by rigour of discipline, to produce in a +soldier total indifference to death, by depriving him of everything +that makes life desirable, it is impossible to produce indifference to +tedium; and a policy is evidently self-destructive which, by aiming +exclusively at producing a mechanical character, renders military +service itself so unpopular that only the young, the inexperienced, +or the ill-advised will join the colours at all; that 10 per cent. of +those who do join them will desert; and that the rest will regard it as +the gala day of their lives when they become legally entitled to their +discharge from the ranks. + +In England about 10 per cent. of the recruits desert every year, as +compared with 50 per cent. from the small army of the United States. +The reason for so great a difference is probably not so much that the +American discipline is more severe or dull than the English, as that in +the newer country, where subsistence is easier, the counter-attractions +of peaceful trades offer more plentiful inducements to desertion. + +Desertion from the English ranks has naturally diminished since the +introduction of the short-service system has set a visible term to +the hardships of a military life. Adherence to the colours for seven +or eight years, or even for twelve, which is now the longest service +possible at the time of enlistment, and adherence to them for life, +clearly place a very different complexion on the desirability of an +illegal escape from them. So that considering the reductions that +have been made in the term of service, and the increase of pay made +in 1867, and again in 1873, nothing more strongly demonstrates the +national aversion of the English people to arms than the exceeding +difficulty with which the ranks are recruited, and the high average +of the percentage of desertions. If of recent years recruiting has +been better, the explanation is simply that trade has been worse; +statistics of recruiting being the best possible barometer of the state +of the nation, since the scarcity or abundance of recruits varies +concomitantly with the brisk or slack demand for labour in other +employments. + +In few things has the world grown more tolerant than in its opinion and +treatment of Desertion. Death was once its certain penalty, and death +with every aggravation that brutal cruelty could add. Two of Rome’s +most famous generals were Scipio Æmilianus and Paulus Æmilius; yet the +former consigned deserters to fight wild beasts at the public games, +and the latter had them trodden to death by elephants. + +A form of desertion, constituting one of the most curious but least +noticed chapters in the history of military discipline, is that +of Malingering, or the feigning of sickness, and self-mutilation, +disabling from service. The practice goes far back into history. +Cicero tells of a man who was sold for a slave for having cut off a +finger, in order to escape from a campaign in Sicily. Vegetius, the +great authority on Roman discipline, speaks of soldiers who simulated +sickness being punished as traitors;[291] and an old English writer on +the subject says of the Romans: ‘Whosoever mutilated their own or their +children’s bodies so as thereby designedly to render them unfit to +carry arms (a practice common enough in those elder times when all were +pressed to the wars), were adjudicated to perpetual exile.’[292] + +The writer here referred to lived long before the days of the +conscription, with which he fancied self-mutilation to be connected. +And it certainly seems that whereas all the military codes of modern +nations contain articles dealing with that offence, and decreeing +penalties against it, there was less of it in the days before +compulsory service. There is, for instance, no mention of it in the +German articles of war of the seventeenth century, though the other +military crimes were precisely those that are common enough still.[293] + +But even in England, where soldiers are not yet military slaves, it +has been found necessary to deal, by specific clauses in the army +regulations, with a set of facts of which there is no notice in the war +articles of the seventeenth or eighteenth century.[294] The inference +therefore is, that the conditions of military service have become +universally more disagreeable. The clauses in the actual war articles +deserve to be quoted, that it may appear, by the provisions against it, +to what lengths the arts of self-mutilation are carried by despairing +men. The 81st Article of War provides punishment against any soldier +in Her Majesty’s army ‘who shall malinger, feign or produce disease or +infirmity, or shall wilfully do any act or wilfully disobey any orders +whether in hospital or otherwise, thereby producing or aggravating +disease or infirmity or delaying his cure, ... or who shall maim or +injure himself or any other soldier, whether at the instance of such +other soldier or not, or cause himself to be maimed or injured by +any other person with intent thereby to render himself or such other +soldier unfit for service, ... or who shall tamper with his eyes with +intent thereby to render himself unfit for service.’ + +That it should be necessary thus to provide against self-inflicted +injuries is surely commentary enough on the condition of life in the +ranks. The allusion to tampering with the eyes may be illustrated from +a passage in the ‘Life of Sir C. Napier,’ wherein we are told how in +the year 1808 a private of the 28th Regiment taught his fellow-soldiers +to produce artificial ophthalmia by holding their eyelids open, whilst +a comrade in arms would scrape some lime from the barrack ceiling into +their eyes.[295] For a profession of which such things are common +incidents, surely the wonder is, not that it should be difficult, but +that it should be possible at all, to make recruits. In the days of +Mehemet Ali in Egypt, so numerous were the cases in which the natives +voluntarily blinded themselves, and even their children, of one eye in +order to escape the conscription, that Mehemet Ali is said to have +found himself under the necessity of raising a one-eyed regiment. +Others for the same purpose would chop off the trigger finger of the +right hand, or disable themselves from biting cartridges by knocking +out some of their upper teeth. Scarcely a peasant in the fields but +bore the trace of some such voluntarily inflicted disfigurement. But +with such facts it seems idle to talk of any inherent love for fighting +dominating the vast majority of mankind. + +The severity of military discipline has even a worse effect than those +yet alluded to in its tendency to demoralise those who are long subject +to it, by inducing mental habits of servility and baseness. After +Alexander the Great had killed Clitus in a fit of drunken rage, the +Macedonian soldiery voted that Clitus had been justly slain, and prayed +that he might not enjoy the rites of sepulture.[296] Military servility +could scarcely go further than that, but such baseness is only possible +under a state of discipline which, to make a soldier, unmakes a man, +by depriving him of all that distinguishes his species. Under no other +than military training, and in no other than the military class, would +the atrocities have been possible which used to be perpetrated in the +barrack riding-school in the old flogging days. Officers and privates +needed the debasing influence of discipline to enable them to look on +as patient spectators at the sufferings of a helpless comrade tortured +by the cat-o’-nine tails. Sir C. Napier said that as a subaltern +he ‘frequently saw 600, 700, 800, 900, and 1,000 lashes sentenced +by regimental courts-martial and generally every lash inflicted;’ +a feeling of horror would run through the ranks at the first blows +and some recruits would faint, but that was all.[297] Had they been +men and not soldiers, they would not have stood such iniquities. +A typical instance of this martial justice or law (to employ the +conventional profanation of those words) was that of a sergeant who in +1792 was sentenced to 1,000 lashes for having enlisted two drummers +for the East India Company whom he knew to belong already to the Foot +Guards; but the classical description of an English flogging will +always be Somerville’s account of its infliction upon himself in his +‘Autobiography of a Working Man.’[298] There you may read how the +regiment was drawn up four-deep inside the riding-school; how the +officers (men of gentle birth and breeding) stood within the lines of +the men; how the basin of water and towels were ready prepared in case +the victim should faint; how the hands and feet of the latter were +fastened to a ladder by a rope; and how the regimental sergeant-major +stood with book and pencil coolly counting each stroke as it was +delivered with slow and deliberate torture till the full complement of +a hundred lashes had been inflicted. The mere reading of it even now +is enough to make the blood boil, but that men, brave and freeborn, +should have stood by in their hundreds and seen the actual reality +without stirring, proves how utterly all human feeling is eradicable by +discipline, and how sure is the training it supplies in disregard for +the common claims of humanity. + +Happily, floggings in the English army now count among the curiosities +of military discipline, like the wooden horse or the thumb-screw; +but the striking thing is that the discipline, in the sense of the +good conduct of the army in the field, was never worse than in the +days when 1,000 lashes were common sentences. It was precisely when +courts-martial had the legal power to exercise such tyranny that +the Duke of Wellington complained to Lord Castlereagh that the law +was not strong enough to maintain discipline in an army upon actual +service.[299] Speaking of the army in the Peninsula he says: ‘It is +impossible to describe to you the irregularities and outrages committed +by the troops; ... there is not an outrage of any description which +has not been committed on a people who have received us as friends +by soldiers who never yet for one moment suffered the slightest want +or the smallest privation.... We are an excellent army on parade, an +excellent one to fight, but we are worse than an enemy in a country.’ +And again a few months later: ‘I really believe that more plunder and +outrage have been committed by this army than by any other that was +ever in the field.’ In the general order of May 19, 1809, are these +words: ‘The officers of companies must attend to the men in their +quarters as well as on the march, or the army will soon be no better +than a banditti.’[300] + +Whence it is fair to infer that severity of discipline has no necessary +connection with the good behaviour or easy control of troops in +the field, such discipline under the Iron Duke himself having been +conspicuous for so lamentable a failure. The real fact would seem +to be, that troops are difficult to manage just in proportion to the +rigour, the monotony, and the dulness of the discipline imposed upon +them in time of peace; the rebound corresponding to the compression, +by a moral law that seems to follow the physical one. This fact is +nowhere better noticed than in Lord Wolseley’s narrative of the China +war of 1860, where he says, in allusion to the general love of pillage +and destruction that characterises soldiers and was so conspicuously +displayed at the shameful burning of the beautiful palaces in and +round Pekin: ‘Soldiers are nothing more than grown-up schoolboys. +The wild moments of enjoyment passed in the pillage of a place live +long in a soldier’s memory.... Such a time forms so marked a contrast +with the ordinary routine of existence passed under the tight hand of +discipline that it becomes a remarkable event in life and is remembered +accordingly.’[301] + +The experience of the Peninsular war proves how slender is the +link between a well-drilled and a well-disciplined army. The best +disciplined army is the one which conducts itself with least excess +in the field and is least demoralised by victory. It is the hour of +victory that is the great test of the value of military regulations; +and so well aware of this was the best disciplined State of antiquity, +that the soldiers of Sparta desisted from pursuit as soon as victory +was assured to them, partly because it was deemed ungenerous to destroy +those who could make no further resistance (a sentiment absolutely +wanting from the boasted chivalry of Christian warfare), and partly +that the enemy might be tempted to prefer flight to resistance. It is a +reproach to modern generalship that it has been powerless to restrain +such excesses as those which have made the successful storming of +cities rather a disgrace than an honour to those who have won them. +The only way to check them is to make the officers responsible for +what occurs, as might be done, for instance, by punishing a general +capitally for storming a city with forces so badly disciplined as +to nullify the advantages of success. An English military writer, +speaking of the storming of Ismail and Praga by the Russians under +Suwarrow, says truly that ‘posterity will hold the fame and honour of +the commander responsible for the life of every human being sacrificed +by disciplined armies beyond the fair verge of battle;’ but it is idle +to speak as if only Russian armies were guilty of such excesses, or +to say that nothing but the prospect of them could tempt the Russian +soldier to mount the breach or the scaling-ladder. The Russian soldier +in history yields not one whit to the English or French in bravery, nor +is there a grain of difference between the Russian storming of Ismail +and Praga and the English storming of Ciudad Rodrigo, Badajoz, or San +Sebastian, that tarnished the lustre of the British arms in the famous +Peninsular war. + +And should we be tempted to think that successes like these associated +with the names of these places may be so important in war as to +outweigh all other considerations, we must also not forget that the +permanent military character of nations, for humanity or the reverse, +counts for more in the long run of a people’s history than any +advantage that can possibly be gained in a single campaign. + +Enough has, perhaps, been said of the unpopularity of military service, +and of the obvious causes thereof, to make it credible that, had the +system of conscription never been resorted to in Europe, and the +principle of voluntary enlistment remained intact and universal, the +difficulty of procuring the human fighting material in sufficient +quantities would in course of time have rendered warfare impossible. As +other industries than mere fighting have won their way in the world, +the difficulty of hiring recruits to sell their lives to their country +has kept even pace with the facility of obtaining livelihoods in more +regular and more lucrative as well as less miserable avocations. In the +fourteenth century soldiers were very highly paid compared with other +classes, and the humblest private received a daily wage equivalent to +that of a skilled mechanic;[302] but the historical process has so +far reversed matters that now the pay of the humblest mechanic would +compare favourably with that of all the fighting grades lower than +the commissioned and warrant ranks. Consequently, every attempt to +make the service popular has as yet been futile, no amelioration of +it enabling it to compete with pacific occupations. The private’s pay +was raised from sixpence to a shilling during the wars of the French +Revolution;[303] and before that it was found necessary, about the +time of the war with the American colonies, to bribe men to enlist +by the system (since abolished) of giving bounties at the time of +enlistment. Previous to the introduction of the bounty system, a guinea +to provide the recruit with necessaries and a crown wherewith to drink +the king’s health was all that was given upon enlistment, the service +itself (with the chances of loot and the allied pleasures) having been +bounty enough.[304] Even the system of bounties proved attractive only +to boys; for as the English statesman said, whose name is honourably +associated with the first change in our system from enlistment for +life to enlistment for a limited period, ‘men grown up with all the +grossness and ignorance and consequent want of consideration incident +to the lower classes’ were too wary to accept the offers of the +recruiting department.[305] + +The shortening of the term of service in 1806 and subsequently +the increase of pay, the mitigation of punishments, must all be +understood as attempts to render the military life more attractive +and more capable of competing with other trades; but that they have +all signally failed is proved by the chronic and ever-increasing +difficulty of decoying recruits. The little pamphlet, published by +authority and distributed gratis at every post-office in the kingdom, +showing forth ‘the Advantages of the Army’ in their rosiest colours, +cannot counteract the influence of the oral evidence of men, who, +after a short period of service, are dispersed to all corners of the +country, with their tales of military misery to tell, confirming and +propagating that popular theory of a soldier’s life which sees in it a +sort of earthly purgatory for faults of character acquired in youth, a +calling only to be adopted by those whose antecedents render industry +distasteful to them, and unfit them for more useful pursuits. + +The same difficulty of recruiting was felt in France and Germany in the +last century, when voluntary enlistment was still the rule. In that +curious old military book, Fleming’s ‘Volkommene Teutsche Soldat,’ is a +picture of the recruiting officer, followed by trumpeters and drummers, +parading the streets, and shaking a hat full of silver coins near a +table spread with the additional temptations of wine and beer.[306] But +it soon became necessary to supplement this system by coercive methods; +and when the habitual neglect of the wounded and the great number of +needless wars made it difficult or impossible to fill up the ranks with +fresh recruits, the German authorities resorted to a regular system of +kidnapping, taking men as they could get them from their ploughs, their +churches, or even from their very beds. + +In France, too, Louis XIV. had to resort to force for filling his ranks +in the war of the Spanish Succession; although the system of recruiting +remained nominally voluntary till very much later. The total cost of +a French recruit amounted to ninety-two livres; but the length of his +service, though it was changed from time to time from periods varying +from three to eight years, never exceeded the latter limit, nor came to +be for life as it did practically in England. + +The experience of other countries proves, therefore, that England +will sooner or later adopt the principle of conscription or cease to +waste blood and money in Continental quarrels. The conscription will +be for her the only possible way of obtaining an army at all, or one +at all commensurate with those of her possible European rivals. We +should not forget that in 1878, when we were on the verge of a war with +Russia (and we live always on the verge of a war with Russia), our +best military experts met and agreed that only by means of compulsory +service could we hope to cope with our enemy with any chance of +success. And the conscription, whether under a free government or +not, means a tyranny compared to which the tyrannies of the Tudors +or Stuarts were as a yoke of silk to a yoke of iron. It would matter +little that it should lead to or involve a political despotism, for +the greater despotism would ever be the military one, crushing out +all individuality, moral liberty, and independence, and consigning to +the soul-destroying routine of petty military details all the talent, +taste, knowledge, and wealth of our country, which have hitherto given +it a distinctive character in history, and a foremost place among the +nations of the earth. + +In the year 1702 a woman served as a captain in the French army with +such signal bravery that she was rewarded with the Order of St. Louis. +Nor was this the only result; for the episode roused a serious debate +in the world, whether, or not, military service might be expected of, +or exacted from, the female sex generally.[307] Why, then, should the +conscription be confined to one half only of a population, in the face +of so many historical instances of women who have shown pre-eminent, +or at least average, military capacity? And if military service is so +ennobling and excellent a thing, as it is said to be, for the male +population of a country, why not also for the female? Or as we may be +sure that it would be to the last degree debasing for the latter half +of the community, may we not suspect that the reasoning is altogether +sophistical which claims other effects as the consequence of its +operation on the stronger sex? + +What those effects are likely to be on the further development of +European civilisation, we are as yet scarcely in a position to judge. +We are still living only on the threshold of the change, and can +hardly estimate the ultimate effect on human life of the transference +to the whole male population of a country of the habits and vices +previously confined to only a section of it. But this at least is +certain, that at present every prediction which ushered in the change +is being falsified from year to year. This universal service which +we call the conscription was, we were told, to usher in a sort of +millennium; it was to have the effect of humanising warfare; of +raising the moral tone of armies; and of securing peace, by making +the prospect of its alternative too appalling to mankind. Not only +has it done none of these things, but there are even indications of +consequences the very reverse. The amenities that cast occasional +gleams over the professional hostilities of the eighteenth century, as +when, for instance, Crillon besieging Gibraltar sent a cart-load of +carrots to the English governor, whose men were dying of scurvy, have +passed altogether out of the pale of possibility, and given place to +a hatred between the combatant forces that is tempered by no courtesy +nor restrained by the shadow of humanity. Whole nations, instead of +a particular class, have been familiarised with deeds of robbery and +bloodshed, and parted with a large part of their leisure once available +for progress in industry. War itself is at any given moment infinitely +more probable than it used to be, from the constant expectation of it +which comes of constant preparation; nothing having been proved falser +by history than the popular paradox which has descended to us from +Vegetius that the preparation for war is the high road to peace.[308] +When, one may ask, has the world not been prepared for war, and how +then has it had so much of it? And as to the higher moral tone likely +to spring from universal militarism, of what kind may we expect it to +be, when we read in a work by the greatest living English general, +destined, Carlyle hoped, one day to make short work of Parliament, such +an exposition as the following of the relation between the moral duties +of a soldier and those of a civilian: ‘He (the soldier) must be taught +to believe that his duties are the noblest which fall to a man’s lot. +He must be taught to despise all those of civil life. Soldiers, like +missionaries, must be fanatics.’[309] + +Erasmus once observed in a letter to a friend how little it mattered +to most men to what nationality they belonged, seeing that it was only +a question of paying taxes to Thomas instead of to John, or to John +instead of to Thomas; but it becomes a matter of even less importance +when it is only a question of being trained for murder and bloodshed in +the drill-yards of this or that government. What is it to a conscript +whether it is for France or Germany that he is forced to undergo drill +and discipline, when the insipidity of the drill and the tyranny of the +discipline is the same in either case? If the old definition of a man +as a reasoning animal is to be exchanged for that of a fighting animal, +and the claims of a country upon a man are to be solely or mainly in +respect of his fighting utility, it is evident that the relation is +altered between the individual and his country, and that there is no +longer any tie of affection between them, nor anything to make one +nationality different from or preferable to another. This is clearly +the tendency of the conscription; and it is already remarkable how it +has lessened those earlier and narrower views of patriotism which were +the pretext formerly for so many trials of strength between nations. +What, then, are the probable ultimate effects of this innovation on the +development and maintenance of the peace in Europe? + +The conscription, by reducing the idea of a country to that merely of +a military despotism, has naturally caused the differences between +nations to sink into a secondary place, and to be superseded by those +differences of class, opinions, and interests which are altogether +independent of nationality, and regardless of the barriers of language +or geography. Thus the artisan of one country has learnt to regard +his fellow-worker of another country as in a much truer sense his +countryman than the priest or noble who, because he lives in the same +geographical area as himself, pays his taxes to the same central +government; and the different political schools in the several +countries of Europe have far more in common with one another than with +the opposite party of their own nationality. So that the first effect +of that great military engine, the conscription, has been to unloosen +the bonds of the idea of nationality which has so long usurped the +title to patriotism; to free us from that notion of our duty towards +our neighbour which bids us hate him because he is our neighbour; and +to diminish to that extent the chances of war by the undermining of the +prejudice which has ever been its mainstay. + +But the conscription in laying one spectre has raised another; for over +against Nationalism, the jealousy of nations, it has reared Socialism, +the jealousy of classes. It has done so, not only by weakening the old +national idea which kept the rivalry of classes in abeyance, but by +the pauperism, misery, and discontent which are necessarily involved +in the addition it causes to military expenditure. The increase caused +by it is so enormous as to be almost incredible. In France the annual +military expenditure is now about twenty-five million pounds, whereas +in 1869, before the new law of universal liability to service, the +total annual cost of the army was little over fifteen millions, or the +average annual cost of the present army of Great Britain. ‘Nothing,’ +said Froissart, ‘drains a treasury like men-at-arms;’ and it is +probably below the truth to say that a country is the poorer by a +pound for every shilling it expends upon its army. Thus by the nature +of things is Socialism seen to flow from the conscription; and we have +only to look at the recent history of Europe to see how the former has +grown and spread in exact ratio to the extension of the latter. That it +does not yet prevail so widely in England as in France, or Germany, or +Russia is because as yet we have not that compulsory military service +for which our military advisers are beginning to clamour. + +The growth of Socialism in its turn is not without an effect that +may prove highly beneficial as a solvent of the militarism which is +the uncompensated evil of modern times. For it tends to compel the +governments of our different nationalities to draw closer together, +and, adopting some of the cosmopolitanism of their common foe, to enter +into league and union against those enemies to actual institutions for +whom militarism itself is primarily responsible, owing to the example +so long set by it in methods of lawlessness, to the sanction so long +given by it to crime. With Socialistic theories permeating every +country, but more especially those that groan under the conscription, +international jealousies are smothered and kept down, and must, if the +cause continues, ultimately die out. Hence the curious result, but +a result fraught with hopefulness for the future, that the peace of +the world should owe itself now, in an indirect but clearly traceable +manner, to the military system which of all others that was ever +invented is the best calculated to prevent and endanger it. But since +this is merely to say that the danger of foreign war is lessened by +the imminent fear of civil war, little is gained by the exchange of +one peril for another. Socialism can only be averted by removing the +cause which gives birth to it--namely, that unproductive expenditure on +military forces which intensifies and perpetuates pauperism. So that +the problem of the times for us in England is not how we may obtain +a more liberal military expenditure, still less how we may compass +compulsory service; but rather how most speedily we can disband our +army--an ever-growing danger to our peace and liberty--and how we can +advance elsewhere the cause of universal disarmament. + + + + +CHAPTER IX. + +THE LIMITS OF MILITARY DUTY. + + _‘I confess when I went into arms at the beginning of this war, + I never troubled myself to examine sides; I was glad to hear the + drums beat for soldiers, as if I had been a mere Swiss, that had + not cared which side went up or down, so I had my pay.’_--MEMOIRS + OF A CAVALIER. + + The old feeling of the moral stain of bloodshed--Military + purificatory customs--Modern change of feeling about + warfare--Descartes on the profession of arms--The old-world + sentiment in favour of piracy--The central question of military + ethics--May a soldier be indifferent to the cause of war?--The + right to serve made conditional on a good cause, by St. Augustine, + Bullinger, Grotius, and Sir James Turner--Old Greek feeling about + mercenary service--Origin of our mercenary as opposed to gratuitous + service--Armies raised by military contractors--The value of the + distinction between foreign and native mercenaries--Original + limitation of military duty to the actual defence of the + realm--Extension of the notion of allegiance--The connection of the + military oath with the first Mutiny Act--Recognised limits to the + claims on a soldier’s obedience--The falsity of the common doctrine + of duty illustrated by the devastation of the Palatinate by the + French and by the bombardment of Copenhagen by the English--The + example of Admiral Keppel--Justice between nations--Its observation + in ancient India and Rome--St. Augustine and Bayard on justice + in war--Grotius on good grounds of war--The military claim to + exemption from moral responsibility--The soldier’s first duty to + his conscience--The admission of this principle involves the end of + war. + + +It must needs be that new questions arise, or old perplexities in +a fresh form; and of these one that has risen again in our time is +this: Does any moral stain attach to bloodshed committed upon the +battle-field? Or is the difference between military and ordinary +homicide a real one, and does the plea of duty sanction any act, +however atrocious in the abstract, provided it be committed under the +uniform of the State? + +The general opinion is, of course, that no soldier in his military +capacity can be guilty of crime; but opinion has not always been so +fixed, and it is worth noticing that in the forms of civilisation that +preceded our own, and in some existing modern races of lower type +than our own, traces clearly appear of a sense of wrong attaching to +any form of bloodshed whatever, whether of fair battle or of base +treachery, calling alike for the purifying influences of expiation and +cleansing. In South Africa, for instance, the Basuto returning from +war proceeds with all his arms to the nearest stream, to purify not +only his own person but his javelins and his battle-axe. The Zulu, too, +practises ablutions on the same occasion; and the Bechuana warrior +wears a rude kind of necklace, to remind him of the expiation due from +him to the slain, and to disperse the dreams that might otherwise +trouble him, and perhaps even drive him to die of remorse.[310] + +The same feelings may be detected in the old world. The Macedonians +had a peculiar form of sacrificatory purification, which consisted +in cutting a dog in half and leading the whole army, arrayed in full +armour, between the two parts.[311] As the Bœotians had the same +custom, it was probably for the same reason. At Rome, for the same +purpose, a sheep, and a bull, and a pig or boar, were every year led +three times round the army and then sacrificed to Mars. In Jewish +history the prohibition to King David to build the temple was expressly +connected with the blood he had shed in battle. In old Greek mythology +Theseus held himself unfit, without expiation, to be admitted to the +mysteries of Ceres, though the blood that stained his hands was only +that of thieves and robbers. And in the same spirit Hector refused to +make a libation to the gods before he had purified his hands after +battle. ‘With unwashen hands,’ he said, ‘to pour out sparkling wine +to Zeus I dare not, nor is it ever the custom for one soiled with the +blood and dust of battle to offer prayers to the god whose seat is in +the clouds.’[312] + +For the cause of this feeling we may perhaps choose between an almost +instinctive reluctance to take human life, and some such superstition +as explains the necessity for purification among the Basutos,--the +idea, namely, of escaping the revenge of the slain by the medium of +water.[313] The latter explanation would be in keeping with the not +uncommon notion in savage life of the inability of a spirit to cross +running water, and would help to account for the necessity there was +for a Hebrew to flee, or for a Greek to make some expiation, even +though only guilty of an act of unintentional homicide. And in this way +it is possible that the sanctity of human life, which is one of the +chief marks, and should be one of the chief objects, of civilisation, +originated in the very same fear of a post-mortem vengeance, which +leads some savage tribes to entreat pardon of the bear or elephant +they have slain after a successful chase. + +But, account as we like for the origin of the feeling, its undoubted +existence is the point of interest, for it is easy to see that under +slightly more favourable conditions of history it might have ripened +into a state of thought which would have held the soldier and the +manslayer in equal abhorrence. Christianity in its primitive form +certainly aimed at and very nearly effected the transition. In the +Greek Church a Christian soldier was debarred from the Eucharist for +three years if he had slain an enemy in battle; and the Christian +Church of the first three centuries would have echoed the sentiment +expressed by St. Cyprian in his letter to Donatus: ‘Homicide when +committed by an individual is a crime, but a virtue when committed in +a public war; yet in the latter case it derives its impunity, not from +its abstract harmlessness, but solely from the scale of its enormity.’ + +The education of centuries has long since effaced the earlier scruple; +but there are tens of thousands of Englishmen to whom the military +profession is the last they would voluntarily adopt, and it would be +rash to predict the impossibility of the revival of the older feeling, +or the dimensions it may ultimately assume. The greatest poet of our +time, who more than any other living man has helped to lead European +opinion into new channels, may, perhaps, in the following lines have +anticipated the verdict of the coming time, and divined an undercurrent +of thought that is beginning to flow even now amongst us with no +inconsiderable force of feeling:-- + + La phrase, cette altière et vile courtisane, + Dore le meurtre en grand, fourbit la pertuisane, + Protège les soudards contre le sens commun, + Persuade les niais que tous sont faits pour un, + Prouve que la tuerie est glorieuse et bonne, + Déroute la logique et l’évidence, et donne + Un sauf-conduit au crime à travers la raison.[314] + +The destruction of the romance of war by the greater publicity given to +its details through the medium of the press clearly tends to strengthen +this feeling, by tempering popular admiration for military success +with a cooling admixture of horror and disgust. Take, for instance, +the following description of the storming of the Egyptian trenches at +Tel-el-Kebir, by an eye-witness of it:--‘In the redoubts into which +our men were swarming the Egyptians, throwing away their arms, were +found cowering, terror-stricken, in the corners of the works, to hide +themselves from our men. Although they had made such a contemptible +exhibition, from a soldierly point of view, it was impossible to help +pitying the poor wretches as they huddled together; _it seemed so much +like rats in a pit when the terrier has set to work_.’ And some 2,500 +of them were afterwards buried on the spot, most of them killed by +bayonet wounds in the back. + +This is an instance of the _tuerie_ that Victor Hugo speaks of, which +we all call glorious when we meet in the streets, reserving, some of +us, another opinion for the secret chamber. Still, when it comes to +comparing the work of a victory to that of a terrier in a rat-pit, it +must be admitted that the realism of war threatens to become more +repellent than its romance was once attractive, and to deter men more +and more from the choice of a profession of which similar disgusting +scenes are the common and the probable episodes. + +Descartes, the father of modern philosophy and of free thought, who, +from a youthful love for arms and camp-life, which he attributed to a +certain heat of liver, began life in the army, actually gave up his +military career for the reasons which he thus expressed in a letter +to a friend: ‘Although custom and example render the profession of +arms the noblest of all, I, for my own part, who only regard it like a +philosopher, value it at its proper worth, and, indeed, I find it very +difficult to give it a place among the honourable professions, seeing +that idleness and licentiousness are the two principal motives which +now attract most men to it.’[315] + +Of course no one in modern times would come to the same conclusions +as Descartes for the same reasons, the discipline of our armies being +somewhat more serious than it was in the first half of the seventeenth +century. Nevertheless, it is impossible to read of the German campaign +in France without hoping, for the good of the world, that the +inevitable association of war with the most revolting forms of crime +therein displayed, may some day produce a general state of sentiment +similar to that anticipated by Descartes. + +It may be, said that the example of Descartes proves and indicates +nothing; and we may feel pretty sure that his scruples seemed +extravagantly absurd to his contemporaries, if he suffered them to +know them. Nevertheless, he might have appealed to several well-known +historical facts as a reason against too hasty a condemnation of his +apparent super-sensitiveness. He might have argued that the profession +of a pirate once reflected no more moral discredit than that of a +soldier did in his days; that the pirate’s reply to Alexander, that he +infested the seas by the same right wherewith the conqueror devastated +the land, conveyed a moral sentiment once generally accepted, nor even +then quite extinct; that in the days of Homer it was as natural to ask +a seafarer whether he were a freebooter as whether he were a merchant; +that so late in Greek history as the time of Thucydides, several tribes +on the mainland of Greece still gloried in piracy, and accounted their +plunder honourably won; and that at Rome the Cilician pirates, whom +it devolved on Pompey to disperse, were joined by persons of wealth, +birth, and education, ‘as if,’ says Plutarch, ‘their employment were +worthy of the ambition of men of honour.’ + +Remembering, therefore, these things, and the fact that not so very +many centuries ago public opinion was so lenient to the practice of +bishops and ecclesiastics taking an active part in warfare that they +commonly did so in spite of canons and councils to the contrary, it is +a fair subject for speculation whether the moral opinion of the future +may not come to coincide with the feeling of Descartes, and it behoves +us to keep our minds alive to possibilities of change in this matter, +already it would seem in process of formation. Who will venture to +predict what may be the effect of the rise of the general level of +education, and of the higher moral life of our time, on the popular +judgment of even fifty years hence regarding a voluntarily adopted +military life? + +We may, perhaps, attribute it to the extreme position taken up with +regard to military service by the Quakers and Mennonites that the +example of Descartes had so slight a following. That thick phalanx of +our kind who fondly mistake their own mental timidity for moderation, +perpetually make use of the doctrines of extremists as an excuse for +tolerating or even defending what in the abstract they admit to be +evil; and it was unfortunately with this moderate party that Grotius +elected to throw in his lot. No one admitted more strongly the evils +of war. The reason he himself gave for writing his ‘De Jure Pacis et +Belli’ was the licence he saw prevailing throughout Christendom in +resorting to hostilities; recourse had to arms for slight motives +or for none; and when war was once begun an utter rejection of all +reverence for divine or human law, just as if the unrestrained +commission of every crime became thenceforth legitimate. Yet, instead +of throwing the weight of his judgment into the scale of opinion which +opposed the custom altogether (though he did advocate an international +tribunal that should decide differences and compel obedience to its +decisions), he only tried to shackle it with rules of decency that are +absolutely foreign to it, with the result, after all, that he did very +little to humanise wars, and nothing to make them less frequent. + +Nevertheless, though Grotius admitted the abstract lawfulness of +military service, he made it conditional on a thorough conviction +of the righteousness of the cause at issue. This is the great and +permanent merit of his work, and it is here that we touch on the pivot +or central question of military ethics. The orthodox theory is, that +with the cause of war a soldier has no concern, and that since the +matter in contention is always too complicated for him to judge of +its merits, his only duty is to blindfold his reason and conscience, +and rush whithersoever his services are commanded. Perhaps the best +exposition of this simple military philosophy is that given by +Shakespeare in his scene of the eve of Agincourt, where Henry V., in +disguise, converses with some soldiers of the English army. ‘Methinks,’ +says the king, ‘I could not die anywhere so contented as in the king’s +company, his cause being just and his quarrel honourable.’ + +_William._ ‘That’s more than we know.’ + +_Bates._ ‘Ay, or more than we should seek after, for we know enough +if we know we are the king’s subjects. If his cause be wrong, our +obedience to the king wipes the crime of it out of us.’ + +Yet the whisper of our own day is, Does it? For a soldier, nowadays, +enjoys equally with the civilian, who by his vote contributes to +prevent or promote hostilities, the greater facilities afforded by +the spread of knowledge for the exercise of his judgment; and it is +to subject him to undeserved ignominy to debar him from the free use +of his intellect, as if he were a minor or an imbecile, incompetent +to think for himself. Putting even the difficulty of decision at its +worst, it can never be greater for the soldier than it is for the +voter; and if the former is incompetent to form an opinion, whence does +the peasant or mechanic derive his ability? Moreover, the existence +of a just and good cause has always been the condition insisted on as +alone capable of sanctioning military service by writers of every shade +of thought--by St. Augustine as representing the early Catholic Church, +by Bullinger or Becon as representatives of the early Reformed Church, +and by Grotius as representative of the modern school of publicists. +Grotius contends that no citizen or subject ought to take part in an +unjust war, even if he be commanded to do so. He openly maintains +that disobedience to orders is in such a case a lesser evil than the +guilt of homicide that would be incurred by fighting. He inclines to +the opinion that, where the cause of war seems doubtful, a man would +do better to refrain from service, and to leave the king to employ +those whose readiness to fight might be less hampered by questions of +right and wrong, and of whom there would always be a plentiful supply. +Without these reservations he regards the soldier’s task as so much the +more detestable than the executioner’s, as manslaughter without a cause +is more heinous than manslaughter with one,[316] and thinks no kind of +life more wicked than that of men who, without regard for the cause of +war, fight for hire, and to whom the question of right is equivalent to +the question of the highest wage.[317] + +These are strong opinions and expressions, and as their general +acceptance would logically render war impossible, it is no small gain +to have in their favour so great an authority as Grotius. But it is +an even greater gain to be able to quote on the same side an actual +soldier. Sir James Turner at the end of his military treatise called +‘Pallas Armata,’ published in 1683, came to conclusions which, though +adverse to Grotius, contain some remarkable admissions and show the +difference that two centuries have made on military maxims with regard +to this subject. ‘It is no sin for a mere soldier,’ he says, ‘to serve +for wages, unless his conscience tells him he fights in an unjust +cause.’ Again, ‘That soldier who serves or fights for any prince or +State for wages in a cause he knows to be unjust, sins damnably.’ He +even argues that soldiers whose original service began for a just +cause, and who are constrained by their military oaths to continue +in service for a new and unjust cause of war, ought to ‘desert their +employment and suffer anything that could be done to them before they +draw their swords against their own conscience and judgments in an +unjust quarrel.’[318] + +These moral sentiments of a military man of the seventeenth century +are absolutely alien to the military doctrines of the present day; +and his remarks on wages recall yet another important landmark of +ancient thought that has been removed by the progress of time. Early +Greek opinion justly made no distinction between the mercenary who +served a foreign country and the mercenary who served his own. All +hired military service was regarded as disgraceful, nor would anyone +of good birth have dreamt of serving his own country save at his own +expense. The Carians rendered their names infamous as the first of the +Greek race who served for pay; whilst at Athens Pericles introduced the +custom of supporting the poorer defenders of their country out of the +exchequer.[319] Afterwards, of course, no people ever committed itself +more eagerly to the pursuit of mercenary warfare. + +In England also gratuitous military service was originally the +condition of the feudal tenure of land, nor was anyone bound to serve +the king for more than a certain number of days in the year, forty +being generally the longest term. For all service in excess of the +legal limit the king was obliged to pay; and in this way, and by +the scutage tax, by which many tenants bought themselves off from +their strict obligations, the principle of a paid military force was +recognised from the time of the Conquest. But the chief stipendiary +forces appear to have been foreign mercenaries, supported, not out +of the commutation tax, but out of the king’s privy purse, and still +more out of the loot won from their victims in war. These were those +soldiers of fortune, chiefly from Flanders, Brabançons, or Routers, +whose excesses as brigands led to their excommunication by the Third +Lateran Council (1179), and to their destruction by a crusade three +years later.[320] + +But the germ of our modern recruiting system must rather be looked for +in those military contracts or indentures, by which from about the time +of Edward III. it became customary to raise our forces: some powerful +subject contracting with the king, in consideration of a certain sum, +to provide soldiers for a certain time and task. Thus in 1382 the +war-loving Bishop of Norwich contracted with Richard II. to provide +2,500 men-at-arms and 2,500 archers for a year’s service in France, in +consideration of the whole fifteenth that had been voted by Parliament +for the war.[321] In the same way several bishops indented to raise +soldiers for Henry V. And thus a foreign war became a mere matter +of business and hire, and armies to fight the French were raised by +speculative contractors, very much as men are raised nowadays to make +railways or take part in other works needful for the public at large. +The engagement was purely pecuniary and commercial, and was entirely +divested of any connection with conscience or patriotism. On the other +hand, the most obviously just cause of war, that of national defence in +case of invasion, continued to be altogether disconnected with pay, and +remained so much the duty of the militia or capable male population of +the country, that both Edward III. and Richard II. directed writs even +to archbishops and bishops to arm and array all abbots, priors, and +monks, between the ages of sixteen and sixty, for the defence of the +kingdom.[322] + +Originally, therefore, the paid army of England, as opposed to the +militia, implied the introduction of a strictly mercenary force +consisting indifferently of natives or foreigners, into our military +system. But clearly there was no moral difference between the two +classes of mercenaries so engaged. The hire, and not the cause, being +the main consideration of both, the Englishman and the Brabançon were +equally mercenaries in the ordinary acceptation of the term. The +prejudice against mercenaries either goes too far or not far enough. +If a Swiss or an Italian hiring himself to fight for a cause about +which he was ignorant or indifferent was a mercenary soldier, so was +an Englishman who with equal ignorance and indifference accepted the +wages offered him by a military contractor of his own nation. Either +the conduct of the Swiss was blameless, or the Englishman’s moral +delinquency was the same as his. + +The public opinion of former times regarded both, of course, as equally +blameless, or rather as equally meritorious. And it is worth noticing +that the word _mercenary_ was applied alike to the hired military +servant of his own as of another country. Shakespeare, for instance, +applies the term mercenary to the 1,600 Frenchmen of low degree slain +at Agincourt, whom Monstrelet distinguishes from the 10,000 Frenchmen +of position who lost their lives on that memorable day-- + + In this ten thousand they have lost, + There are but sixteen hundred mercenaries. + +And even so late as 1756, the original signification of the word had so +little changed, that in the great debate in the House of Lords on the +Militia Bill of that year Lord Temple and several other orators spoke +of the national standing army as an army of _mercenaries_, without +making any distinction between the Englishmen and the Hessians who +served in it.[323] + +The moral distinction that now prevails between the paid service of +natives and of foreigners is, therefore, of comparatively recent +origin. It was one of the features of the Reformation in Switzerland +that its leaders insisted for the first time on a moral difference +between Swiss soldiers who served their own country for pay, and those +who with equal bravery and credit sold their strength to the service of +the highest foreign bidder. + +Zwingli, and after him his disciple Bullinger, effected a change in the +moral sentiment of Switzerland equivalent to that which a man would +effect nowadays who should persuade men to discountenance or abandon +military service of any kind for pay. One of the great obstacles to +Zwingli’s success was his decided protest against the right of any +Swiss to sell himself to foreign governments for the commission of +bloodshed, regardless of any injury in justification; and it was +mainly on that account that Bullinger succeeded in 1549 in preventing +a renewal of the alliance or military contract between the cantons +and Henry II. of France. ‘When a private individual,’ he said, ‘is +free to enrol himself or not, and engages himself to fight against the +friends and allies of his sovereign, I know not whether he does not +hire himself to commit homicide, and whether he does not act like the +gladiators, who, to amuse the Roman people, let themselves to the first +comer to kill one another.’ + +But it is evident that, except with a reservation limiting a man’s +service to a just national cause, Bullinger’s argument will also apply +to the case of a hired soldier of his own country. The duty of every +man to defend his country in case of invasion is intelligible enough; +and it is very important to notice that originally in no country did +the duty of military obedience mean more. In 1297 the High Constable +and Marshal of England refused to muster the forces to serve Edward I. +in Flanders, on the plea that neither they nor their ancestors were +obliged to serve the king outside his dominions;[324] and Sir E. Coke’s +ruling in Calvin’s case,[325] that Englishmen are bound to attend the +king in his wars as well without as within the realm, and that their +allegiance is not local but indefinite, was not accepted by writers +on the constitution of the country. The existing militia oath, which +strictly limits obedience to the defence of the realm, covered the +whole military duty of our ancestors; and it was only the innovation of +the military contract that prepared the way for our modern idea of the +soldier’s duty as unqualified and unlimited with regard to cause and +place and time. The very word _soldier_ meant originally stipendiary, +his pay or _solde_ (from the Latin _solidum_) coming to constitute +his chief characteristic. From a servant hired for a certain task +for a certain time the steps were easy to a servant whose hire bound +him to any task and for the whole of his life. The existing military +oath, which binds a recruit and practically compels him as much to a +war of aggression as of defence at the bidding of the executive, owes +its origin to the revolution of 1689, when the refusal of Dumbarton’s +famous Scotch regiment to serve their new master, William III., in the +defence of Holland against France, rendered it advisable to pass the +Mutiny Act, containing a more stringent definition of military duty by +an oath couched in extremely general terms. Such has been the effect +of time in confirming this newer doctrine of the contract implied by +the military status, that the defence of the monarch ‘in person, crown, +and dignity against all enemies,’ to which the modern recruit pledges +himself at his attestation, would be held to bind the soldier not to +withhold his services were he called upon to exercise them in the +planet Mars itself. + +Hence it appears to be an indisputable fact of history that the +modern military theory of Europe, which demands complete spiritual +self-abandonment and unqualified obedience on the part of a soldier, +is a distinct trespass outside the bounds of the original and, so +to speak, constitutional idea of military duty; and that in our own +country it is as much an encroachment on the rights of Englishmen as it +is on the wider rights of man. + +But what is the value of the theory itself, even if we take no account +of the history of its growth? If military service precludes a man from +discussing the justice of the end pursued in a war, it can hardly be +disputed that it equally precludes him from inquiries about the means, +and that if he is bound to consider himself as fighting in any case +for a lawful cause he has no right to bring his moral sense to bear +upon the details of the service required of him. But here occurs a +loophole, a flaw, in the argument; for no subject nor soldier can be +compelled to serve as a spy, however needful such service may be. That +proves that a limit does exist to the claims on a soldier’s obedience. +And Vattel mentions as a common occurrence the refusal of troops to +act when the cruelty of the deeds commanded of them exposed them to +the danger of savage reprisals. ‘Officers,’ he says, ‘who had the +highest sense of honour, though ready to shed their blood in a field +of battle for their prince’s service, have not thought it any part of +their duty to run the hazard of an ignominious death,’ such as was +involved in the execution of such behests. Yet why not, if their prince +or general commanded them? By what principle of morality or common +sense were they justified in declining a particular service as too +iniquitous for them and yet in holding themselves bound to the larger +iniquity of an aggressive war? What right has a machine to choose or +decide between good and bad any more than between just and unjust? Its +moral incompetence must be thoroughgoing, or else in no case afford an +extenuating plea. You must either grant it everything or nothing, or +else offer a rational explanation for your rule of distinction. For it +clearly needs explaining, why, if there are orders which a soldier is +not bound to obey, if there are cases where he is competent to discuss +the moral nature of the services required of him, it should not also +be open to him to discuss the justice of the war itself of which those +services are merely incidents. + +Let us turn from the abstract to the concrete, and take two instances +as a test of the principle. In 1689, Marshal Duras, commander of the +French army of the Rhine, received orders to destroy the Palatinate, +and make a desert between France and Germany, though neither the +Elector nor his people had done the least injury to France. Did a +single soldier, did a single officer quail or hesitate? Voltaire tells +us that many officers felt shame in acting as the instrument of this +iniquity of Louis XIV., but they acted nevertheless in accordance with +their supposed honour, and with the still orthodox theory of military +duty. They stopped short at no atrocity. They cut down the fruit-trees, +they tore down the vines, they burnt the granaries; they set fire to +villages, to country-houses, to castles; they desecrated the tombs of +the ancient German emperors at Spiers; they plundered the churches; +they reduced well-nigh to ashes Oppenheim, Spiers, Worms, Mannheim, +Heidelberg, and other flourishing cities; they reduced 400,000 human +beings to homelessness and destruction--and all in the name of military +duty and military honour! Yet, of a truth, those were dastardly deeds +if ever dastardly deeds have been done beneath the sun; and it is the +sheerest sophistry to maintain that the men who so implicitly carried +out their orders would not have done more for their miserable honour, +would not have had a higher conception of duty, had they followed the +dictates of their reason and conscience rather than those of their +military superiors, and refused to sacrifice their humanity to an +overstrained theory of their military obligation, and their memory to +everlasting execration. + +In the case of these destroyers military duty meant simply military +servility, and it was this reckless servility that led Voltaire in his +‘Candide’ to put into the mouth of his inimitable philosopher, Martin, +that definition of an army which tales like the foregoing suggested and +justified: ‘A million of assassins, in regiments, traversing Europe +from end to end, and committing murder and brigandage by rules of +discipline for the sake of bread, because incompetent to exercise any +more honest calling.’[326] + +An English case of this century may be taken as a parallel one to the +French of the seventeenth, and as an additional test of the orthodox +military dogma that with the cause of war a soldier has no concern. +It is the Copenhagen expedition of 1807, than which no act of might +within this century was more strongly reprobated by the public opinion +of Europe, and by all but the Tory opinion of England. A fleet and +army having been sent to the Danish capital, and the Danish Government +having refused to surrender their fleet, which was demanded as the +alternative of bombardment, the English military officials proceeded +to bombard the city, with infinite destruction and slaughter, which +were only stayed at last by the surrender of the fleet as originally +demanded. There was no quarrel with Denmark at the time, there was no +complaint of injury; only the surrender of the fleet was demanded. +English public opinion was both excited and divided about the morality +of this act, which was only justified on the plea that the Government +was in possession of a secret article of the Treaty of Tilsit between +Napoleon and the Czar of Russia, by which the Danish fleet was to be +made use of in an attack upon England. But this secret article was +not divulged, according to Alison, till ten years afterwards,[327] +and many disbelieved in its existence altogether, even supposing that +its existence would have been a good case for war. Many military men +therefore shared in the feeling that condemned the act, yet they +scrupled not to contribute their aid to it. Were they right? Read Sir +C. Napier’s opinion of it at the time, and then say where, in the +case of a man so thinking, would have lain his duty: ‘This Copenhagen +expedition--is it an unjust action for the general good? Who can say +that such a precedent is pardonable? When once the line of justice has +been passed, there is no shame left. England has been unjust.... Was +not our high honour worth the danger we might perhaps have risked in +maintaining that honour inviolate?’[328] + +These opinions, whether right or wrong, were shared by many men in +both services. Sir C. Napier himself says: ‘Were there not plenty of +soldiers who thought these things wrong? ... but would it have been +possible to allow the army and navy ... to decide upon the propriety of +such attacks?’[329] The answer is, that if they did, whether allowed or +not, such things would be impossible, or, at all events, less probable: +which is the best reason possible for the contention that they should. +Had they done so in this very instance, our historians would have been +spared the explanation of an episode that is a dark blot upon our +annals. + +A more pleasing precedent, therefore, than that of the French officers +in the Palatinate, or of the English at Copenhagen, is the case of +Admiral Keppel, who, whilst numbers of naval officers flocked to the +Admiralty to offer their services or to request employment, steadily +declined to take part in the war of England against her American +colonies, because he deemed her cause a bad one.[330] He did no +violence to his reason or conscience nor tarnished his fame by acting a +part, of which in his individual capacity he disapproved. His example +is here held up as illustrating the only true doctrine, and the only +one that at all accords with the most rudimentary principles of either +religion or morality. The contrary doctrine bids a man to forswear the +use of both his reason and his conscience in consideration for his pay, +and deprives him of that liberty of thought and moral action compared +with which his civil and political liberty are nothing worth. For what +indeed is this contrary time-honoured doctrine when stripped of all +superfluities, and displayed in the outfit of common sense and common +words? What is it but that the duty of military obedience overrides +all duty of a man towards himself; that, though he may not voluntarily +destroy his body, he cannot do too much violence to his soul; that it +is his duty to annihilate his moral and intellectual being, to commit +spiritual suicide, to forego the use of the noblest faculties which +belong to him as a man; that to do all this is a just cause of pride +to him, and that he is in all respects the nobler and better for +assimilating himself to that brainless and heartless condition which is +that also of his charger or his rifle? + +If this doctrine is true and sound, then it may be asked whether there +has ever been or exists upon the earth any tyranny, ecclesiastical or +political, comparable to this military one; whether any but the baser +forms of priestcraft have ever sought to deprive a man so completely +of the enjoyment of his highest human attributes, or to absolve him so +utterly from all moral responsibility for his actions. + +This position can scarcely be disputed, save by denying the reality +of any distinction between just and unjust in international conduct; +and against this denial may be set not only the evidence of every age, +but of every language above the stage of mere barbarism. Disregard of +the difference is one of the best measures of the civilisation of a +people or epoch. We at once, for instance, form a higher estimate of +the civilisation of ancient India, when we read in Arrian that her +kings were so apprehensive of committing an unjust aggression that +they would not lead their armies out of India for the conquest of +other nations.[331] One of the best features in the old pagan world +was the importance attached to the justice of the motives for breaking +the peace. The Romans appear never to have begun a war without a +previous consultation with the College of Fecials as to its justice; +and in the same way, and for the same purpose, the early Christian +emperors consulted the opinion of the bishops. If a Roman general made +an unjust attack upon a people his triumph was refused, or at least +resisted; nor are the instances infrequent in which the senate decreed +restitution where a consul, acting on his own responsibility, had +deprived a population of its arms, its lands, or its liberties.[332] +Hence the Romans, with all their apparent aggressiveness, won the +character of a strict regard to justice, which was no small part of the +secret of their power. ‘You boast,’ the Rhodians said to them, ‘that +your wars are successful because they are just, and plume yourselves +not so much on the victory which concludes them as on the fact that +you never begin them without good cause.’[333] Conquest corrupted the +Romans in these respects as it has done many another people; but even +to the end of the Republic the tradition of justice survived; nor is +there anything finer in the history of that people than the attempt +of the party headed by Ateius the tribune to prevent Crassus leaving +Rome when he was setting out to make war upon the Parthians, who not +only had committed no injury, but were the allies of the Republic; or +than the vote of Cato, that Cæsar, who, in time of peace, had slain or +routed 300,000 Germans, should be given up to the people he had injured +in atonement for the wrong he had done to them. + +The idea of the importance of a just cause of war may be traced, of +course, in history, after the extinction of the grand pagan philosophy +in which it had its origin. It was insisted on even by Christian +writers who, like St. Augustine, did not regard all military service +as wicked. What, he asked, were kingdoms but robberies on a vast scale, +if their justice were put out of the reckoning.[334] A French writer +of the time of Charles V. concluded that while soldiers who fell in a +just cause were saved, those who died for an unjust cause perished in +a state of mortal sin.[335] Even the Chevalier Bayard, who accompanied +Charles VIII. without any scruple in his conquest of Naples, was fond +of saying that all empires, kingdoms, and provinces were, if without +the principle of justice, no better than forests full of brigands;[336] +and the fine saying is attributed to him, that the strength of arms +should only be employed for the establishment of right and equity. But +on the whole the justice of the cause of war became of less and less +importance as time went on; nor have our modern Christian societies +ever derived benefit in that respect from the instruction or guidance +of their churches at all equal to that which the society of pagan Rome +derived from the institution of its Fecials, as the guardians of the +national conscience. + +It was among the humane endeavours of Grotius to try to remedy this +defect in modern States by establishing certain general principles by +which it might be possible to test the pretext of any given war from +the side of its justice. At first sight it appears obvious that a +definite injury is the only justification for a resort to hostilities, +or, in other words, that only a defensive war is just; but then the +question arises how far defence may be anticipatory, and an injury +feared or probable give the same rights as one actually sustained. +The majority of wars, that have not been merely wars of conquest and +robbery, may be traced to that principle in history, so well expressed +by Livy, that men’s anxiety not to be afraid of others causes them +to become objects of dread themselves.[337] For this reason Grotius +refused to admit as a good _casus belli_ the fact that another nation +was making warlike preparations, building garrisons and fortresses, +or that its power might, if unchecked, grow to be dangerous. He also +rejected the pretext of mere utility as a good ground for war, or such +pleas as the need of better territory, the right of first discovery, or +the improvement or punishment of barbarous nations. + +A strict adherence to these principles, vague as they are, would +have prevented most of the bloodshed that has occurred in Europe +since Grotius wrote. The difficulty, however, is, that, as between +nations, the principle of utility easily overshadows that of justice; +and although the two are related as the temporary to the permanent +expediency, and therefore as the lesser to the greater expediency, +the relation between them is seldom obvious at the time of choice, +and it is easy beforehand to demonstrate the expediency of a war of +which time alone can show both the inexpediency and the injustice. +Any war, therefore, however unjust it may seem, when judged by the +canons of Grotius, is easily construed as just when measured by the +light of an imperious and magnified passing interest; and the absence +of any recognised definition or standard of just dealing between +nations affords a salve to many a conscience that in the matters of +private life would be sensitive and scrupulous enough. The story of +King Agesilaus is a mirror in which very few ages or countries may not +see their own history reflected. When Phœbidas, the Spartan general, +seized the Cadmeia of Thebes in the time of peace, the greater part +of Greece and many Spartans condemned it as a most iniquitous act of +war; but Agesilaus, who at other times was wont to talk of justice +as the greatest of all the virtues, and of valour without it as of +little worth, defended his officer’s action, on the plea that it was +necessary to regard the tendency of the action, and to account it even +as glorious if it resulted in an advantage to Sparta. + +But when every allowance is made for wars of which the justice is not +clearly defined from the expediency, many wars have occurred of so +palpably unjust a character, that they could not have been possible +but for the existence of the loosest sentiments with regard to the +responsibility of those who took part in them. We read of wars or the +pretexts of wars in history of which we all, whether military men or +civilians, readily recognise the injustice; and by applying the same +principles of judgment to the wars of our own country and time we are +each and all of us furnished for the direction of our conscience +with a standard which, if not absolutely scientific or consistent, is +sufficient for all the practical purposes of life, and is completely +subversive of the excuse which is afforded by occasional instances of +difficult and doubtful decision. The same facilities which exist for +the civilian when he votes for or against taxation for a given war, +or in approval or disapproval of the government which undertakes it, +exist also for the soldier who lends his active aid to it; nor is it +unreasonable to claim for the action of the one the same responsibility +to his own conscience which by general admission attaches to the other. + +It is surely something like a degradation to the soldier that he +should not enjoy in this respect the same rights as the civilian; that +his merit alone should be tested by no higher a theory of duty than +that which is applied to the merit of a horse; and that his capacity +for blind and unreasoning obedience should be accounted his highest +attainable virtue. The transition from the idea of military vassalage +to that of military allegiance has surely produced a strange conception +of honour, and one fitter for conscripts than for free men, when a +man is held as by a vice to take part in a course of action which he +believes to be wrong. Not only does no other profession enforce such an +obligation, but in every other walk of life a man’s assertion of his +own personal responsibility is a source rather of credit to him than of +infamy. That in the performance of any social function a man should be +called upon to make an unconditional surrender of his free will, and +yield an obedience as thoughtless as a dummy’s to superior orders, +would seem to be a principle of conduct pilfered from the Society of +Jesus, and utterly unworthy of the nobility of a soldier. As a matter +of history, the priestly organisation took the military one for its +model: which should lead us to suspect that the tyranny we find fault +with in the copy is equally present in the original, and that the +latter is marked by the same vices that it transmitted to the borrowed +organisation. + +The principle here contended for, that the soldier should be fully +satisfied in his own mind of the justice of the cause he fights for, is +the condition that Christian writers, from Augustine to Grotius, have +placed on the lawfulness of military service. The objection to it, that +its adoption would mean the ruin of military discipline, will appear +the greatest argument of all in its favour when we reflect that its +universal adoption would make war itself, which is the only reason for +discipline, altogether impossible. Where would have been the wars of +the last two hundred years had it been in force? Or where the English +wars of the last six, with their thousands of lives and their millions +of money spent for no visible good nor glory in fighting with Afghans, +Zulus, Egyptians, and Arabs? Once restrict legitimate warfare to the +limits of national defence, and it is evident that the refusal of men +to take part in a war of aggression would equally put an end to the +necessity of defensive exertion. If no government could rely on its +subjects for the purposes of aggression and injustice, it goes without +saying that the just cause of war would perish simultaneously. It is +therefore altogether to be wished that that reliance should be weakened +and destroyed. + +The reasoning, then, which contains the key that is alone capable of +closing permanently the portals of Janus is this: that there exists a +distinction between a just and an unjust war, between a good and a bad +cause, and that no man has a right either to take part knowingly and +wilfully in a cause he believes to be unjust, nor to commit himself +servilely to a theory of duty which deprives him, at the very outset, +of his inalienable human birthright of free thought and free will. This +is the principle of personal responsibility which has long since won +admission everywhere save in the service of Mars, and which requires +but to be extended there to free the world from the custom that has +longest and most ruinously afflicted it. For it attacks that custom +where it has never yet been seriously attacked before, at its real +source--namely, in the heart, the brain, and the conscience, that, +in spite of all warping and training, still belong to the individual +units who alone make it possible. It behoves all of us, therefore, +who are interested in abolishing military barbarism, not merely to +yield a passive assent to it ourselves, but to claim for it assent and +assertion from others. We must ask and reask the question: What is the +title by which a man, through the mere fact of his military cloth, +claims exemption from the moral law that is universally binding upon +his fellows? + +For this principle of individual military responsibility is of such +power, that if carried to its consequences, it must ultimately prove +fatal to militarism; and if it has not yet the prescription of time +and common opinion in its favour, it is sealed nevertheless with the +authority of many of the best intellects that have helped to enlighten +the past, and is indissolubly contained in the teaching alike of our +religious as of our moral code. It can, in fact, only be gainsaid by a +denial of the fundamental maxims of those two guides of our conduct, +and for that reason stands absolutely proof against the assaults +of argument. Try to reconcile with the ordinary conceptions of the +duties of a man or a Christian the duty of doing what his conscience +condemns, and it may be safely predicted that you will try in vain. +The considerations that may occur of utility and expediency beat in +vain against the far greater expediency of a world at peace, freed from +the curse of the warrior’s destructiveness; nor can the whole armoury +of military logic supply a single counter-argument which does not +resolve itself into an argument of supposed expediency, and which may +not therefore be effectually parried, even on this narrower debating +ground, by the consideration of the overwhelming advantages which could +not but flow from the universal acceptance of the contrary and higher +principle--the principle that for a soldier, as for anyone else, his +first duty is to his conscience. + +Or, to put the conclusion in the fewest words: The soldier claims to +be a non-moral agent. That is the corner-stone of the whole military +system. Challenge then the claimant to justify his first principle, +and the custom of war will shake to its foundation, and in time go the +way that other evil customs have gone before it, when once their moral +support has been undermined or shattered. + + + + +FOOTNOTES: + + +[1] Halleck’s _International Law_, ii. 21. Yet within three weeks of +the beginning of the war with France 60,000 Prussians were _hors de +combat_. + +[2] ‘Artem illam _mortiferam et Deo odibilem_ balistrariorum et +sagittariorum adversus Christianos et Catholicos exerceri de cætero sub +anathemate prohibemus.’ + +[3] Fauchet’s _Origines des Chevaliers_, &c. &c., ii. 56; Grose’s +_Military Antiquities_, i. 142; and Demmin’s _Encyclopédie d’Armurerie_, +57, 496. + +[4] Fauchet, ii. 57. ‘Lequel engin, pour le mal qu’il faisait (pire que +le venin des serpens), fut nommé serpentine,’ &c. + +[5] Grose, ii. 331. + +[6] Dyer, _Modern Europe_, iii. 158. + +[7] Scoffern’s _Projectile Weapons_, &c., 66. + +[8] _Sur l’Esprit_, i. 562. + +[9] Reade, _Ashantee Campaign_, 52. + +[10] Livy, xliv. 42. + +[11] These Instructions are published in Halleck’s _International Law_, +ii. 36-51; and at the end of Edwards’s _Germans in France_. + +[12] ‘It would have been desirable,’ said the Russian Government, +‘that the voice of a great nation like England should have been heard +at an inquiry of which the object would appear to have met with its +sympathies.’ + +[13] _Jus Gentium_, art. 887, 878. + +[14] Florus, ii. 20. + +[15] Edwards’s _Germans in France_, 164. + +[16] This remarkable fact is certified by Mr. Russell, in his _Diary in +the last Great War_, 398, 399. + +[17] Cicero, _In Verrem_, iv. 54. + +[18] See even the _Annual Register_, lvi. 184, for a denunciation of +this proceeding. + +[19] Sismondi’s _Hist. des Français_, xxv. + +[20] Edwards’s _Germans in France_, 171. + +[21] Lieut-Col. Charras, _La Campagne de 1815_, i. 211, ii. 88. + +[22] Woolsey’s _International Law_, p. 223. + +[23] Cf. lib. xii. 81, and xiii. 25, 26; quoted by Grotius, iii. xi. +xiii. + +[24] iii. 41. + +[25] _Cambridge Essays_, 1855, ‘Limitations to Severity in War,’ by C. +Buxton. + +[26] See Raumer’s _Geschichte Europa’s_, iii. 509-603, if any doubt is +felt about the fact. + +[27] General Order of October 9, 1813. Compare those of May 29, 1809, +March 25, 1810, June 10, 1812, and July 9, 1813. + +[28] Vattel, iii. ix. 165. + +[29] Sir W. Napier (_Peninsular War_, ii. 322) says of the proceeding +that it was ‘politic indeed, yet scarcely to be admitted within the +pale of civilised warfare.’ It occurred in May 1810. + +[30] Bluntschli’s _Modernes Völkerrecht_, art. 573. + +[31] For the character of modern war see the account of the +Franco-German war in the _Quarterly Review_ for April 1871. + +[32] Halleck, ii. 22. + +[33] Vehse’s _Austria_, i. 369. Yet, as usual on such occasions, the +excesses were committed in the teeth of Tilly’s efforts to oppose them. + +‘Imperavit Tillius a devictorum cædibus et corporum castimonia +abstinerent, quod imperium a quibusdam furentibus male servatum annales +aliqui fuere conquesti.’--Adlzreiter’s _Annales Boicæ Gentis_, Part +iii. l. 16, c. 38. + +[34] _Battles in the Peninsular War_, 181, 182. + +[35] _Ibid._ 396. + +[36] Foxe’s _Actes and Monuments_, iii. 52. + +[37] Saint-Palaye, _Mémoires sur la Chevalerie_, iii. 10, 133. + +[38] Vinsauf’s _Itinerary of Richard I._, ii. 16. + +[39] Matthew of Westminster, 460; Grose, ii. 348. + +[40] Monstrelet, ii. 115. + +[41] _Mémoires sur la Chevalerie_, i. 322. + +[42] Petitot, v. 102; and Ménard, _Vie de B. du Guesclin_, 440. + +[43] Petitot, v. 134. + +[44] Meyrick, _Ancient Armour_, ii. 5. + +[45] i. 123. + +[46] Monstrelet, i. 259. + +[47] ii. 5. + +[48] ii. 11. + +[49] ii. 22, compare ii. 56. + +[50] Monstrelet, ii. 111. + +[51] ii. 113. + +[52] See for some, Livy, xxix. 8, xxxi. 26, 30, xxxvii. 21, xliii. 7, +xliv. 29. + +[53] Livy, xliv. 29. + +[54] Meyrick, i. 41. + +[55] Demmin, _Encyclopédie d’Armurerie_, 490. + +[56] Meyrick, ii. 204. + +[57] Grose, ii. 114. + +[58] Petitot, xvi. 134. + +[59] Grose, ii. 343. + +[60] iv. 27. + +[61] iv. 36. + +[62] iii. 109. + +[63] _Mémoires_, vi. 1. + +[64] Halleck, _International Law_, ii. 154. + +[65] _Elements of Morality_, sec. 1068. + +[66] _Des Droits et Devoirs des Nations neutres_, ii. 321-323. + +[67] _History of the Royal Navy_, i. 357. + +[68] Nicolas, ii. 341. + +[69] Nicolas, ii. 405. + +[70] Monstrelet, i. 12. + +[71] Nicolas, ii. 108. + +[72] _Ibid._ i. 333. + +[73] Froissart, ii. 85. + +[74] Entick, _New Naval History_ (1757), 823. ‘Some of the Spanish +prizes were immensely rich, a great many of the French were of +considerable value, and so were many of the English; but the balance +was about two millions in favour of the latter.’ + +[75] From Entick’s _New Naval History_ (1757), 801-817. + +[76] Martens, _Essai sur les Corsaires_ (Horne’s translation), 86, 87. + +[77] _Ibid._ 93. + +[78] III. xv. 229. + +[79] Emerigon, _On Insurances_ (translation), 442. + +[80] Martens, 19. + +[81] Hautfeuille, _Des Droits et Devoirs des Nations neutres_, ii. 349. + +[82] _De Jure Maritimo_, i. 72. + +[83] _Despatches_, vi. 145. + +[84] _Despatches_, vi. 79. + +[85] The last occasion was on April 13, 1875. + +[86] Halleck, _International Law_, ii. 316. + +[87] Bluntschli, _Modernes Völkerrecht_, art. 665. + +[88] James, _Naval History_, i. 255. + +[89] James, ii. 71. + +[90] _Ibid._ ii. 77. + +[91] Ortolan, _Diplomatie de la Mer_, ii. 32. + +[92] Campbell’s _Admirals_, viii. 40. + +[93] _Campbell_, vii. 21. _James_, i. 161. Stinkpots are jars or shells +charged with powder, grenades, &c. + +[94] James, i. 283. + +[95] Brenton, ii. 471. + +[96] Caltrops, or crows’-feet, are bits of iron with four spikes so +arranged that however they fall one spike always remains upwards. +Darius planted the ground with caltrops before Arbela. + +[97] Chapter xix. of the _Tactica_. + +[98] Frontinus, _Strategematicon_, IV. vii. 9, 10. ‘Amphoras pice et +tæda plenas; ... vascula viperis plena.’ + +[99] Roger de Wendover, _Chronica_. ‘Calcem vivam, et in pulverem +subtilem redactam, in altum projicientes, vento illam ferente, +Francorum oculos excæcaverunt.’ + +[100] Brenton, i. 635. + +[101] _De Jure Maritimo_, i. 265. + +[102] Rees’s _Cyclopædia_, ‘Fire-ship.’ + +[103] Brenton, ii. 493, 494. + +[104] Halleck, ii. 317. + +[105] Woolsey, _International Law_, 187. + +[106] James, i. 277. + +[107] Phillimore, _International Law_, iii. 50-52. + +[108] _International Law_, ii. 95. + +[109] Villiaumé, _L’Esprit de la Guerre_, 56. + +[110] De Commines, viii. 8. + +[111] Watson’s _Philip II._, ii. 74. + +[112] _Ibid._ i. 213. + +[113] _Memoirs_, c. 19. + +[114] Villiaumé (_L’Esprit de la Guerre_, 71) gives the following +version: ‘En 1793 et en 1794, le gouvernement anglais ayant violé le +droit des gens contre la République Française, la Convention, dans +un accès de brutale colère, décréta qu’il ne serait plus fait aucun +prisonnier anglais ou hanovrien, c’est-à-dire que les vaincus seraient +mis à mort, encore qu’ils se rendissent. Mais ce décret fut simplement +comminatoire; le Comité de Salut Public, sachant très-bien que de +misérables soldats n’étaient point coupables, donna l’ordre secret de +faire grâce à tous les vaincus.’ + +[115] Herodotus, vii. 136. + +[116] Livy, xlv. 42. + +[117] _Ibid._ xlv. 43. + +[118] Ward, _Law of Nations_, i. 250. + +[119] Petitot’s _Mémoires_, xvi. 177. + +[120] Livy, xlii. 8, 9. + +[121] Monstrelet, _Chronicles_, i. 200. + +[122] _Ibid._ i. 224. + +[123] _Ibid._ i. 249. + +[124] _Ibid._ i. 259. + +[125] Monstrelet, ii. 156. + +[126] _Ibid._ 120. + +[127] Philip de Commines, ii. 1. + +[128] _Ibid._ ii. 2. + +[129] _Ibid._ ii. 14. + +[130] Philip de Commines, iii. 9. + +[131] Motley’s _United Netherlands_, iii. 323. + +[132] Vattel, iii. 8, 143. + +[133] Borbstaedt, _Franco-German War_ (translation), 662. + +[134] Ward, i. 223. + +[135] Quintus Curtius, iv. 6, and Grote, viii. 368. + +[136] Quintus Curtius, vii. 11. + +[137] _Ibid._ iv. 15. + +[138] Arrian, iii. 18. + +[139] Quintus Curtius, vii. 5. + +[140] ‘Tous deux furent très braves, très vaillants, fort bizarres et +cruels.’ + +[141] Lyttleton, _Henry II._, i. 183. + +[142] Hoveden, 697. + +[143] 2 Samuel xii. 31. + +[144] _Memoirs of a Cavalier_, i. 47. + +[145] _Memoirs of a Cavalier_, 49. + +[146] ‘Life of Bayard’ in Petitot’s _Mémoires_, xvi. 9. + +[147] Major-General Mitchell’s _Biographies of Eminent Soldiers_, 92. + +[148] Livy, xxxi. 40. When Pelium was taken by storm, only the slaves +were taken as spoil; the freemen were even let off without ransom. + +[149] _Ibid._ xxviii. 3. + +[150] _Ibid._ xxviii. 20, xxvii. 16, xxxi. 27. + +[151] _De Officiis_, i. 12. Yet on this passage is founded the common +assertion that among the Romans ‘the word which signified stranger was +the same with that which in its original denoted an enemy’ (Ward, ii. +174); implying that in their eyes a stranger and an enemy were one and +the same thing. Cicero says exactly the reverse. + +[152] _Recueil de Documents sur les exactions, vols, et cruautés des +armées prussiennes en France._ The book is out of print, but may be +seen at the British Museum, under the title, ‘Prussia--Army of.’ It is +to be regretted that, whilst every book, however dull, relating to that +war has been translated into English, this record has hitherto escaped +the publicity it so well deserves. + +[153] _Ibid._ 19. + +[154] _Ibid._ 8. + +[155] _Ibid._ 13. + +[156] Chaudordy’s Circular of November 29, 1870, in the _Recueil_. + +[157] _Recueil_, 12, 15, 67, 119. + +[158] _Ibid._ 56. + +[159] _Ibid._ 54. + +[160] _Recueil_, 33-37, and Lady Bloomfield’s _Reminiscences_, ii. 235, +8, 9. + +[161] The _Times_, March 7, 1881. + +[162] _Recueil_, 29; compare 91. + +[163] Morley’s _Cobden_, ii. 177. + +[164] Professor Sheldon Amos quotes the fact, but refrains from naming +the paper, in his preface to Manning’s _Commentaries on the Law of +Nations_, xl. Was it not the _Journal de France_ for Nov. 21, 1871? + +[165] iii. i. viii. 4. + +[166] _De Officiis_, i. 13. + +[167] _Modernes Völkerrecht_, Art. 565. + +[168] Polyænus, _Strategematum libri octo_, i. 34. + +[169] Polyænus, v. 41. + +[170] Ortolan’s _Diplomatie de la mer_, ii. 31, 375-7. + +[171] James’s _Naval History_, ii. 211; Campbell’s _Admirals_, vii. 132. + +[172] James, _Naval History_, ii. 225. + +[173] Nicolas, _Royal Navy_, ii. 27. + +[174] Hautefeuille, _Droit Maritime_, iii. 433. ‘Les vaisseaux de +l’Etat eux-mêmes ne rougissent pas de ces grossiers mensonges qui +prennent le nom de ruses de guerre.’ + +[175] xiii. 1. + +[176] Montaigne, ch. v. + +[177] vii. 4. ‘Quia appellatione nostra vix apte exprimi possunt, Græca +pronuntiatione Stratagemata dicuntur.’ + +[178] Livy, xlii. 47. + +[179] _Histoire de la France_, iii. 401. + +[180] The word musket is from _muschetto_, a kind of hawk, implying +that its attack was equally destructive and unforeseen. + +[181] Polyænus, ii. 19. + +[182] Polyænus, iii. 2; from Thucydides, iii. 34. + +[183] _Ibid._ vii. 27, 2. + +[184] _Ibid._ iv. 2-4. + +[185] Liskenne, _Bibliothèque Historique et Militaire_, iii. 845. + +[186] _Memoirs_, ch. xix. + +[187] ix. 6, 3. + +[188] vi. 22. + +[189] vi. 15. + +[190] iv. 7, 17. + +[191] E. Fournier, _L’Esprit dans l’Histoire_, 145-150. + +[192] iii. 10. + +[193] Liskenne, v. 233-4. + +[194] _Soldier’s Pocket-Book_, 81. + +[195] Polyænus, viii. 16, 8. ‘Lege Romanorum jubente hostium +exploratores interficere.’ + +[196] Livy, xxx. 29. According to Polyænus, he gave them a dinner and +sent them back with instructions to tell what they had seen; viii. 16, +8. + +[197] Watson’s _Philip II._ iii. 311. + +[198] Liskenne, iii. 840. + +[199] Hoffman, _Kriegslist_, 15. + +[200] Petitot’s _Mémoires de la France_, xv. 317. + +[201] Polyænus, ii. 27. + +[202] _Ibid._ v. 1, 4. + +[203] _Memoirs_, ch. xix. + +[204] Livy, xxxiv. 17. + +[205] As at the Brussels Conference, 1874, when such a proposal was +made by the member for Sweden and Norway. + +[206] In Pinkerton, xvi. 817. + +[207] Turner’s _Nineteen Years in Samoa_, 304. + +[208] Schoolcraft’s _Indian Tribes_, iv. 52. + +[209] _The Basutos_, 223. + +[210] Potter’s _Grecian Antiquities_, ii. 69. + +[211] Turner’s _Samoa_, 298. + +[212] Ellis’s _Polynesian Researches_, i. 275. + +[213] Hutton’s _Voyage to Africa_, 1821, 337. + +[214] Colenso and Durnford’s _Zulu War_, 364, 379. + +[215] Petitot’s _Mémoires_, xv. 329. + +[216] The evidence is collected in _Cetschwayo’s Dutchman_, 99-103. + +[217] Henty’s _March to Coomassie_, 443. Compare Reade’s _Ashantee +Campaign_, 241-2. + +[218] Florus, ii. 19; iii. 4; Velleius Paterculus, ii. 1. + +[219] Florus, ii. 20. + +[220] _Ibid._ iii. 7. + +[221] Florus, iii. 4; Cæsar, _De Bello Gallico_, ix. 44. + +[222] Morley’s _Cobden_, ii. 355. + +[223] Sir A. Helps’ _Las Casas_, 29. + +[224] T. Morton’s _New England Canaan_, 1637, iii. + +[225] Belknap’s _New Hampshire_, i. 262. + +[226] Penhallow’s _Indian Wars_, 1826, republished 1859, 31-3. + +[227] _Ibid._ 105, 6. + +[228] _Ibid._ 103. For further details of this debased military +practice, see Adair’s _History of American Indians_, 245; Kercheval’s +_History of the Valley of Virginia_, 263; Drake’s _Biography and +History of the Indians_, 210, 373; Sullivan’s _History of Maine_, 251. + +[229] Kercheval’s _Virginia_, 113. + +[230] Eschwege’s _Brazil_, i. 186; Tschudi’s _Reisen durch Südamerika_, +i. 262. + +[231] Parkman’s _Expedition against Ohio Indians_, 1764, 117. + +[232] Argensola, _Les Isles Molucques_, i. 60. + +[233] Drake’s _Biography and History of the Indians_, 489, 490. + +[234] R. C. Burton’s _City of the Saints_, 576; Eyre’s _Central +Australia_, i. 175-9. + +[235] Borwick’s _Last of the Tasmanians_, 58. + +[236] Tschudi’s _Reisen_, ii. 262. + +[237] Maccoy’s _Baptist Indian Missions_, 441; Froebel’s _Seven Years +in Central America_, 272; Wallace’s _Travels on the Amazon_, 326. + +[238] Bancroft’s _United States_, ii. 383-5; and compare Clarkson’s +_Life of Penn_, chaps. 45 and 46. + +[239] Brooke’s _Ten Years in Sarawak_, i. 74. + +[240] Captain Hamilton’s _East Indies_, in Pinkerton, viii. 514. + +[241] W. H. Russell’s _My Diary in India_, 150. + +[242] _Annals of the Propagation of the Faith_, viii. 280-6. + +[243] _Caffres and Caffre Missions_, 210. + +[244] _Memorials of Henrietta Robertson_, 259, 308, 353. + +[245] _Ibid._ 353. + +[246] Colenso and Durnford’s _Zulu War_, 215. + +[247] Holden’s _History of Natal_, 210, 211. + +[248] Moister’s _Africa, Past and Present_, 310, 311. + +[249] Tams’s _Visit to Portuguese Possessions_, i. 181, ii. 28, 179. + +[250] Robertson’s _America_; Works, vi. 177, 205. + +[251] Thomson’s _Great Missionaries_, 30; Halkett’s _Indians of North +America_, 247, 249, 256. + +[252] Le Blant, _Inscriptions Chrétiennes_, i. 86. + +[253] Bingham, _Christian Antiquities_, i. 486. + +[254] Cæsar, _De Bello Gallico_, vi. 14. ‘Druides a bello abesse +consuerunt ... militiæ vacationem habent;’ and Origen, _In Celsum_, +viii. 73, for the Romans. + +[255] Vaughan’s _Life of Wycliffe_, ii. 212-3. + +[256] Turner’s _England_, iv. 458, from Duchesne, _Gesta Stephani_. + +[257] ‘Non filius meus est vel ecclesiæ; ad regis autem voluntatem +redimetur, quia potius Martis quam Christi miles judicatur.’ + +[258] Turner’s _England_, v. 92. + +[259] ‘Sanxit ut nullus in posterum sacerdos in hostem pergeret, +nisi duo vel tres episcopi electione cæterorum propter benedictionem +populique reconciliationem, et cum illis electi sacerdotes qui bene +scirent populis pœnitentias dare, missas celebrare, etc.’ (in _Du +Cange_, ‘Hostis’). + +[260] Guicciardini. ‘Prometteva che se i soldati procedevano +virilmente, che non accetterebbe la Mirandola con alcuno patto: ma +lascierebbe in potestà loro il saccheggiarla.’ + +[261] Monstrelet, i. 9. + +[262] Crichton’s _Scandinavia_, i. 170. + +[263] _Mémoires du Fleurange._ Petitot, xvi. 253. + +[264] See Palmer, _Origines Liturgicæ_, ii. 362-65, for the form of +service. + +[265] _Petitot_, xvi. 229. + +[266] _Ibid._ 135. + +[267] Petitot, viii. 55. ‘Feciono venire per tutto il campo un prete +parato col corpo di Christo, e in luogo di communicarsi ciascuno prese +uno poco di terra, e la si mise in boca.’ + +[268] Livy, xxxvi. 2. + +[269] Robertson, _Charles V._, note 21. Ryan, _History of Effects of +Religion on Mankind_, 124. + +[270] M. J, Schmidt, _Histoire des Allemands traduite, etc._, iv. 232, +3. + +[271] ‘Christianis licet ex mandato magistratus arma portare et _justa_ +bella administrare.’ + +[272] _Policy of War a True Defence of Peace_, 1543. + +[273] _Pallas Armata_, 369, 1683. + +[274] In his treatise _Du droit de la guerre_. + +[275] _L’Esprit_, i. 562. + +[276] _Strafgesetzbuch_, Jan. 20, 1872, 15, 75, 150. + +[277] Fleming’s _Volkommene Teutsche Soldat_, 96. + +[278] Benet’s _United States Articles of War_, 391. + +[279] Grose, ii. 199. + +[280] See Turner’s _Pallas Armata_, 349, for these and similar military +tortures. + +[281] Crichton’s _Scandinavia_, i. 168. + +[282] Grose, ii. 6. + +[283] Sir S. Scott’s _History of the British Army_, ii. 436. + +[284] ii. 16. ‘Omnes autem signarii vel signiferi quamvis pedites +loricas minores accipiebant, et _galeas ad terrorem hostium ursinis +pellibus tectas_.’ + +[285] Scott, ii. 9. + +[286] Scott, i. 311. + +[287] Said to have been invented about 400 B.C. by Dionysius, tyrant of +Syracuse. + +[288] Mitchell’s _Biographies of Eminent Soldiers_, 208, 287. + +[289] Compare article 14 of the German _Strafgesetzbuch_ of January 20, +1872. + +[290] _Nineteenth Century_, November 1882: ‘The Present State of the +Army.’ + +[291] _De Re Militari_, vi. 5. + +[292] Bruce’s _Military Law_ (1717), 254. + +[293] See Fleming’s _Teutsche Soldat_, ch. 29. + +[294] See the War Articles for 1673, 1749, 1794. + +[295] 82. + +[296] Quintus Curtius, viii. 2. + +[297] _Military Law_, 163. + +[298] 286, 290. + +[299] _Despatches_, iii. 302, June 17, 1809. + +[300] Compare also _Despatches_, iv. 457; v. 583, 704, 5. + +[301] _China War_, 225. + +[302] Scott’s _British Army_, ii. 411. + +[303] _Wellington’s Despatches_, v. 705. + +[304] See Windham’s Speech in the House of Commons. April 3, 1806. + +[305] _Ibid._ + +[306] P. 122. + +[307] Fleming, 109. + +[308] Preface to b. iii. ‘Ergo qui desiderat pacem, præparet bellum.’ + +[309] Lord Wolseley’s _Soldier’s Pocket Book_, 5. + +[310] Arbousset’s _Exploratory Tour_, 397-9. + +[311] Livy, xl. 6. + +[312] _Iliad_, vi. 266-8; and comp. _Æneid_, ii. 717-20. + +[313] Casalis’s _Basutos_, 258. + +[314] Victor Hugo’s _L’Ane_, 124. + +[315] Baillat’s _Vie de Descartes_, i. 41. + +[316] ii. 25, 9, 1. ‘Tanto carnifice detestabiliores quanto pejus est +sine causâ quam ex causâ occidere.’ + +[317] _Ibid._ 2. ‘Nullum vitæ genus est improbius quam eorum qui sine +causæ respectu mercede conducti militant, et quibus ibi fas ubi plurima +merces.’ Both the sentiment and the expression are borrowed from +Lucan’s _Pharsalia_, x. 408: ‘Nulla fides pietasque viris qui castra +sequuntur Venalesque manus; ibi fas ubi plurima merces.’ + +[318] 364. + +[319] Potter’s _Greek Antiquities_, ii. 9. + +[320] Henry’s _Britain_, iii. 5, 1; Grose i. 56. + +[321] Grose, i. 58. + +[322] _Ibid._, i. 67. + +[323] _Parliamentary Debates_, May 24, 1756. + +[324] Sir S. Scott’s _British Army_, ii. 333. + +[325] N. Bacon’s Notes to _Selden’s Laws_, ii. 60. + +[326] _Candide_, c. xx. + +[327] Alison’s _Europe_, vi. 491. + +[328] _Life of Sir C. Napier_, i. 77. + +[329] _Military Law_, 17. + +[330] _Keppel’s Life_, by T. Keppel, ii. 1. + +[331] _Indian Expedition_, ix. + +[332] Livy, 39, 3; 42, 21; 43, 5. + +[333] Livy, xlv. 22. ‘Certe quidem vos estis Romani, qui ideo felicia +bella vestra esse, quia justa sint, præ vobis fertis, nec tam exitu +eorum, quod vincatis, quam principiis quod non sine causâ suscipiatis, +gloriamini.’ + +[334] _De Civitate Dei_, iv. 4 and 6. + +[335] _Arbre des Batailles_, quoted in Kennedy’s _Influence of +Christianity on International Law_. + +[336] Petitot, xvi. 137. + +[337] III. 65. ‘Cavendo ne metuant, homines metuendos ultro se +efficiunt, et injuriam ab nobis repulsam, tamquam aut facere aut pati +necesse sit, injungimus aliis.’ + + + + +INDEX. + + + Achæan, curious mode of warfare, 131 + + Alexander II. of Russia, 3, 10 + + Armed neutrality, the, 86 + + Armour, 55, 224 + + Ashantee battle song, 86 + + + Balloonists in war, 148 + + Battles, allusions to: + Agincourt, 201, 262 + Bouvines, 194 + Camperdown, 80 + Crecy, 9, 54 + Dover, 84 + Musselborough, 56 + Navarette, 59 + Neerwinden, 6 + Nicopoli, 56 + Nile, 81 + Otterbourne, 196 + Pavia, 141 + Poitiers, 207 + Tel-el-Kebir, 253 + + Bearskin hats, 223, 224 + + Becon, Thomas, on military service in the sixteenth century, 208 + + Bishops in war, 35, 52-3, 193-8, 261 + + Blinding of prisoners, 42-3 + + Blockade, effective, 92 + + Bloodhounds used in war, 171-2 + + Bombardment, theory and practice of, 12, 15, 17, 106, 116 + + Bounties for scalps, 156 + + Brigand, meaning of, 57 + + Britons, love for military life, 156 + + Brussels Conference on laws of war, 10, 94, 95, 105, 123, 130, + 141-6-7-8, 158 + + Bullinger, limits to right of military service, 208, 263 + + + Cannons, 5 + + Cannon-shot oath, 130 + + Capitulations, 100-1 + + Chain-shot, 6 + + Chivalry, age of, 32 + + Church, influence of, on war, 52, 185-193, 204-16, 252 + + Churches, destruction of, 48 + + Church parade, 219 + + Cities, fate of, in war: + Amiens, surprise of, 148 + Badajoz, storming of, 27 + Barcelona, siege of, 138 + Brescia, storming of, 103 + Calais, siege of, 44 + Constantine, storming of, 27 + Copenhagen, bombardment of, 15, 268 + Dinant, storming of, 102 + Gaza, storming of, 107 + Grammont, massacre at, 35 + Gravelines, massacre at, 36 + Haarlem, siege of, 97 + Liège, storming of, 102 + Limoges, massacre at, 37 + Londonderry, siege of, 197-8 + Magdeburg, massacre at, 27, 112 + Malta, siege of, 97 + Meaux, surrender of, 45, 101 + Mirandola, siege of, 197 + Oudenarde, siege of, 47 + Pekin, English at, 237 + Persepolis, burning of, 108 + Poitiers, massacre at, 34 + Rome, sack of, 103 + Rouen, surrender of, 47, 101 + San Sebastian, storming of, 28 + Strasburg, bombardment of 15, 17, 106 + Terouanne, destruction of, 137 + Thebes, sack of, 103 + Toledo, siege of, 42 + Tyre, siege of, 108 + Ulm, surprise of, 149 + Washington, English in, 16 + + Conference stratagem, 136 + + Conscription, the, 242-8 + + Consecration of banners, 201 + + Contraband, 88 + + Contributions, military, 20, 118 + + Costume, military, 222-3 + + Crossbow, 4, 133 + + Cruelty and courage, 110 + + Custom of war, character of, 186, 210 + + + Decimation, story of, 222 + + Declaration of Paris, 73, 78, 86-9 + + Declaration of St. Petersburg, 2, 3, 81 + + Declaration of war, 19, 198 + + Desertion, 230-1 + + Discipline, 7, 218, 234, 236 + + Dress, philosophy of military, 229 + + Duty, 74, 121, 264 + + + Embargoes, 89 + + Explosive bullets, 1-2, 81 + + + False flag, stratagem of the, 128-130 + + False information in war, 152 + + Fecials, Roman, 271 + + Firearms, feeling against, 5, 226 + + Fireships, 84-5 + + Flogging, 234-5 + + Forged despatches, 151 + + Free Companies, 60, 260 + + Free ships, free goods, 87 + + Fruit-trees, 16, 17, 47, 161 + + + Germans, the, in war, 40, 106, 115-9 + + Greek fire, 83-4 + + Grenadiers, 223 + + + Hanging in war, 44-7 + + Honour, variable notions of, 155-6, 267 + + Hostages, taking of, revived, 117 + + + Innocent III., 206 + + Invention of the bayonet, 6 + + + Jomini, Baron, President of Brussels Conference, 95 + + Julius II., story of, 196 + + Jus Angariæ, 90 + + Justice in war, 208, 258-9, 271, 273-80 + + + Khonds, theory of war, 203 + + Kidnapping soldiers in Germany, 241 + + Kissing the earth, custom of, 201 + + + Lateran Council, Third, 4 + + Laws of war among savages, 159 + + Lent, observation of, in war, 51, 205 + + Leo the Great, 204 + + Letters of marque, 74, 78 + + Letters, military contempt for, 156 + + Limoges, Council of, 203 + + Loha Pennu, an Indian war-god, 203 + + + Macedonian warfare, 133 + + Magic, use of, in war, 199 + + Malingering, 231-4 + + Marriage, restrictions on, 218-9 + + Mercenary service, 260-3 + + Military cant, 21, 105-6, 118, 163 + + -- vandalism, 16, 48, 163, 237 + + Missionaries, 176-182 + + -- failure of, 177 + + -- legal control of, 181 + + Missionaries, Norwegian, in Zululand, 179 + + Mission stations destroyed, 180 + + Mozley, Canon, on war, 212 + + Musket, 5, 133 + + Mutiny Act, first, 265 + + + Names of weapons, 200 + + Neutral ships and property, 86 + + Night attacks, 133 + + Numbers slain in war, 8-10 + + + Oath, military, 264-5 + + Oath by cannon-shot, 130 + + Ophthalmia, artificial, 233 + + + Palatinate, devastation of the, 17, 267 + + Pay, soldiers’, 239, 261 + + Perfidy, cases of, 135 + + Perjury, cases of, 139 + + Perpetual peace, Von Moltke on, 119 + + Piracy, 67-70, 255 + + Plunder of property at sea, 67-70 + + Plunder of property on land, 61-3, 66, 118 + + Poison, use of, in war, 13, 14, 172-3 + + Poisoning the air, 49 + + Poisoning water, 14, 29 + + Press, influence of, in war, 112, 177, 182, 253 + + Prisoners, treatment of, 17, 18, 40, 85, 99, 113 + + Prisoners, beheaded, 97, 106 + + -- blinded, 43 + + -- burnt, 103, 111 + + -- drowned, 101-2-6 + + -- hung, 46, 101-3 + + -- maimed, 43, 103 + + -- massacred, 41, 111 + + -- tortured, 194 + + Privateering, 70-9 + + -- Lord Nelson on, 77 + + Prizes and prize-money, 70 + + Prize Court, 76 + + Punishments, military, 221-6 + + Purificatory battle rites, 250 + + Pursers on privateers, 76 + + + Recruiting, difficulty of, 240 + + -- former system of, in France and Germany, 241 + + Red, the military colour, 223 + + Red-hot shot, 5, 83 + + Reprisals, 93-118 + + -- savage German, 117-8 + + Right of search, 88 + + Right of wreck, 89 + + Roman warfare, 114, 132, 271-2 + + + Sacred buildings in war, 16, 48-9 + + Sea battles, 80, 83 + + Scalping enemies, 170 + + Sentry-go, 229 + + Slavery, influence of its cessation on war, 112 + + Socialism, chief cause of, 245-8 + + Soldiers of mark: + Alaric, 204 + Alexander the Great, 107-10, 133 + Barbarossa, 100 + Bayard, 6, 57, 149, 151, 165, 201, 226, 273 + Bertrand du Guesclin, 40-1, 44 + Black Prince, the, 37, 59 + Blücher, 16, 17 + Cæsar, 98, 156, 169, 272 + Catinat, 145 + Chandos, Sir John, 55 + Charles of Anjou, 100 + Charles the Bold, 111 + Charles XII. of Sweden, 133, 226 + Crillon, 22, 73, 243 + Custine, 145 + David, king of the Jews, 111, 251 + David I. of Scotland, 111 + Des Adretz, 111 + Edward I., 106 + Edward III., 44 + Eugene, Prince, 149 + Feuquières, 97, 138, 149 + Francis I., 140 + Francis de Vere, 104 + Frederick the Great, 16, 142 + Genseric, 205 + Godfrey de Bouillon, 100 + Gustavus Adolphus, 19-20, 22, 221 + Henri Quatre, 30 + Henry V., 101 + Keppel, Admiral, 270 + Manny, Sir Walter, 44, 57 + Maurice, Prince, 150 + Montluc, 107, 121, 133, 137, 145, 156 + Moltke, 119 + Orange, Prince of, 152 + Parma, Prince of, 146 + Pélissier, 165 + Peterborough, Lord, 138 + Pyrrhus, 157 + Richard I., 111, 195 + Saxe, Marshal, 226 + Scipio, 146 + Sertorius, 143, 145 + Sully, 30 + Suwarrow, 238 + Wellington, Duke of, 20, 236 + Wolseley, Lord, 143-4, 151, 244 + Xerxes, 47, 99, 146 + + Spaniards in war, 40, 42, 97, 167-9, 200 + + Spies, 141-8 + Vattel on, 141 + Frederick the Great on, 142 + Lord Wolseley on, 143-4 + + Storming cities, 27, 238 + + Surprises, 148-9 + + Surrender at discretion, 45, 100, 123 + + + Ternate, island of, 131 + + Torpedoes, first use of, 5 + + -- introduced into European warfare, 85 + + Treatise on Tactics by Leo VI., 83 + + Truce of God, 205 + + + War, real character of, 27, 186, 210 + + Wars, abolition of private, 205, 227 + + Weapons, 50 + + Women, imprisoned in war, 38 + + Women and children, slaughter of, 23, 33-8, 117 + + Women as soldiers, 242 + + Writers, &c.: + Arrian, 109 + Bluntschli, 127 + Bynkershoeck, 14, 127 + Cicero, 114, 126 + Descartes, 254 + Dobritzhoffer, 160 + Emerigon, 73 + Erasmus, 186, 244 + Froissart, 23 + Frontinus, 134 + Grotius, 14, 17, 23, 126, 187, 256, 258, 273 + Hallam, 32, 50 + Hautefeuille, 67 + Kant, 23, 30 + Las Casas, 167 + Molloy, 77 + Origen, 190 + Palmerston, Lord, 227 + Penn, 173 + Polyænus, 135 + Quintus Curtius, 109 + St. Pierre, Abbé, 30 + Sepulveda, 167 + Tertullian, 189 + Turner, Sir James, 259 + Valin, 73 + Vattel, 14, 18, 21, 73, 104-5, 139, 141, 266 + Vauban, 15 + Victor Hugo, 252 + Voltaire, 210, 267-8 + Whewell, 67 + Wycliffe, 193 + Zwingli, 263 + + +_Spottiswoode & Co., Printers, New-street Square, London._ + + + + + Transcriber's notes: + + The following is a list of changes made to the original. + The first line is the original line, the second the corrected one. + + Page 11, footnote: + + like England should have been heard an inquiry of which + like England should have been heard at an inquiry of which + + Page 78: + + which abolished privateering beween the signatory Powers, + which abolished privateering between the signatory Powers, + + Page 244: + + such an expositon as the following of the relation between + such an exposition as the following of the relation between + + + + + +End of Project Gutenberg's Military Manners and Customs, by James Anson Farrer + +*** END OF THE PROJECT GUTENBERG EBOOK 44635 *** |
