Tully's three books of offices, in English with notes explaining the method and meaning of the author.

CHAP. XII.

The Civility of the old Romans towards their Ene∣mies, in giving 'em the mildest Names: Some Wars are only for Empire, others for Safety: Dif∣ference of Conduct to be observ'd in each. A noble and generous Saying of King Pyrrhus.

ANd here I can't but observe moreover, That he who is properly call'd Perduellis, [a stub∣born Enemy] had by our Ancestors the name of Hostis giv'n him; the gentleness of the Word some∣what lessening the foulness and odium of the Thing: for Hostis [an Enemy] among them signify'd the same thing, that Peregrinus [a Stranger] does now

amongst us; as appears from the a 1.1 Laws of the XII Tables, and therein such sort of Expressions as these, b 1.2 Status dies cum hoste; and, Adversus hostem aeterna auctoritas. What greater Courtesie could be shewn than this, to call even an Enemy by only the soft∣est and most obliging Names? Tho' the Word is now alter'd, I confess, from that mild to an harsher Sence, Custom having chang'd it from what it first properly signified, a Stranger, to denote such a one as bears Arms against us. We have told you c 1.3 already what previous Causes and Conditions there should be, before any War can be lawful and just; the same are requir'd even in those Wars also, which are undertaken meerly for Glory and Em∣pire: But then all Contests of this latter sort, should be carried on with less Heat and Animosities; for as in the Differences that happen among Citi∣zens, we make a distinction between a violent E∣nemy, and a generous Rival; (in one case nothing but a Title of Honour, in the other our Lives and Reputations being concern'd) so did our Ancestors do in their Wars. That which they waged with

the d 1.4 Cimbers and e 1.5 Celtibers, was manag'd as with hateful and implacable Enemies; the Question then being, not whether of the two should remain a Conquerour, but whether should remain a People at all: Whereas those with the Latins, Carthagini∣ans; f 1.6 Pyrrhus, &c. were only Quarrels about Ho∣nour and Dominion. The Carthaginians were per∣fidious and treacherous; Hannibal their great Com∣mander Cruel; but all the rest more Faithful and Merciful. That Speech of Pyrrhus is indeed very extraordinary upon restoring the Captives, when he says,

g 1.7 I neither Gold of you nor Price demand: Nor will I chaffer, but fight out the War: Let Steel, not Gold to each their Fate decide. Whether to you, or me Dame Fortune will The Vict'ry grant; or what the Chance of War, Shall Courage try. And this I add withal, That freely I their Liberties restore To these brave Men, whose Lives the War has spar'd. Freely I give; do you as freely take, I'th' name of th' mighty Gods.

A truly Royal and Princely Saying, and worthy of the glorious Family of the h 1.8 Aeacidae.

Notes

• a 1.1

  The Body of the ancient Roman Laws, which were ga∣ther'd from the wisest Laws of all the Grecians, by the De∣cemviri created for that purpose, about the Year of Rome 301. See the History of 'em in Livy, Book 3. chap. 33, 34. where he calls 'em the fons omnis publici, privati{que} Juris; and our Author in his first Book de Orat. prefers 'em for Wisdom be∣fore whole Libraries of Philosophers.
• b 1.2

  These are the Words of two Laws, taken out of the XII Tables; See Charondas de Leg. XII Tab. The Meaning of the first, is, That whoever has got any Business at Law with a Stranger, shall appoint a Day for the Decision of it before∣hand, that so he may have time to make his Appearance. Of the second, Tho'a Stranger had possess'd a Man's Estate never so long, he should have no Title to it by way of Pre∣scription; but the rightful Owner, after never so many Years, should have Authority and Power to demand it of him again.
• c 1.3

  In the foregoing Chapter.
• d 1.4

  A barbarous and savage Nothern People, who made an Inroad into Italy, and put the Roman State into a very great Fear; but at last were routed by Marius and Catulus. See Plut. Life of Marius.
• e 1.5

  A valiant and hardy People, who from that part of Gaul which was call'd Celtick, near the River Ligeris, went into Spain, and there settled upon the River Iberus; whence call'd Celtiberi. Numantia was their capital City.
• f 1.6

  A King of Epirus, who made War upon the Romans, and routed 'em several times, for the sake of the Tarentines, who call'd him to their Assistance. His Life is writ by Plut.
• g 1.7

  This is quoted out of the Poet Ennius.
• h 1.8

  The Descendants of Aeacus, one of the Judges of the Dead; whom the Poets make Son of Jupiter, and Father of Peleus, who was Father of Achilles; from whom this Pyr∣rhus of Epirus was deriv'd.