what is just, but what is expedient.[112] Yet there seems to have been a general {342} feeling in Rome that the waging of a war required some justification. In declaring it, the Roman heralds called all the gods to witness that the people against whom it was declared had been unjust and neglectful of its obligations.[113] [Footnote 101: Clavigero, _op. cit._ i. 370. Bancroft, _op. cit._ ii. 420, 421, 423.] [Footnote 102: Cicero, _De officiis_, i. 11.] [Footnote 103: _Cf._ Lanessan, _Morale des philosophes chinois_, pp. 54, 107.] [Footnote 104: _Táo Teh King_, xxxi. 2.] [Footnote 105: _Ibid._ lxix. 2.] [Footnote 106: _Ibid._ xxxi. 3.] [Footnote 107: _Mahabharata_, Bhisma Parva, iii. 81 (pt. xii. _sq._ p. 6).] [Footnote 108: Philo, _Quod liber sit quisquis virtuti studet_, p. 877.] [Footnote 109: Lecky, _History of European Morals_, ii. 258.] [Footnote 110: Cicero, _De officiis_, i. 11.] [Footnote 111: Seneca, _Epistulæ_, 95.] [Footnote 112: Plutarch, _Vita Pyrrhi_, xii. 3, p. 389.] [Footnote 113: Livy, i. 32.] Even in war the killing of an enemy is, under certain circumstances, prohibited either by custom or by enlightened moral opinion. Among the ancient Nahuas, who never accepted a ransom for a prisoner of war, the person of an ambassador was at all events held sacred.[114] In the 'Book of Rewards and Punishments,' which embodies popular Taouism, it is said, "Do not massacre the enemies who yield themselves, nor kill those who offer their submission."[115] The Hebrews, whilst being commanded to "save alive nothing that breatheth" of the cities which the Lord had given them for an inheritance, were to deal differently with cities which were very far off from them: to kill only the men, and to take to themselves the women and the little ones.[116] The Laws of Manu lay down very humane rules for a king who fights with his foes in battle:--"Let him not strike with weapons concealed in wood, nor with such as are barbed, poisoned, or the points of which are blazing with fire. Let him not strike one who in flight has climbed on an eminence, nor a eunuch, nor one who joins the palms of his hands in supplication, nor one who flees with flying hair, nor one who sits down, nor one who says 'I am thine'; nor one who sleeps, nor one who has lost his coat of mail, nor one who is naked, nor one who is disarmed, nor one who looks on without taking part in the fight, nor one who is fighting with another foe; nor one whose weapons are broken, nor one afflicted with sorrow, nor one who has been grievously wounded, nor one who is in fear, nor one who has turned to flight; but in all these cases let him remember the duty of honourable warriors."[117] The Mahabharata contains expressions of {343} similar chivalrous sentiments in regard to enemies. A car-warrior should fight only with a car-warrior, a horse-man with a horse-man, a foot-soldier with a foot-soldier. "Always being led by consideration of fitness,