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]
Public-domain text, read in full here on John Shaqi.
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