es, contracts, and promises, those
latest made are always accounted more valid than the former. Now the
later contract was Agamemnon's, the condition of which was killing,
and not only overcoming. Besides the former was mere words, the latter
confirmed by oath; and, by the consent of all, those were cursed that
broke them; so that this latter was properly the contract, and the other
a bare challenge. And this Priam at his going away, after he had sworn
to the conditions, confirms by these words:--

But Jove and other gods alone do know,
Which is designed to see the shades below;
("Iliad," iii. 308.)

for he understood that to be the condition of the contract. And
therefore a little after Hector says,

But Jove hath undetermined left our oaths,
(Ibid. vii. 69.)

for the combat had not its designed and indisputable determination,
since neither of them fell. Therefore this question doth not seem to
me to contain any contrariety of law, since the former contract is
comprised and overruled by the latter; for he that kills certainly
overcomes, but he that overcomes doth not always kill. But, in short,
Agamemnon did not annul, but only explain the challenge proposed by
Hector. He did not change anything, but only added the most principal
part, placing victory in killing; for that is a complete conquest, but
all others may be evaded or disputed, as this of Menelaus, who neither
wounded nor pursued his adversary. Now as, where there are laws really
contrary, the judges take that side which is plain and indisputable,
and mind not that which is obscure; so in this case, let us admit
that contract to be most valid which contained killing, as a known and
undeniable evidence of victory. But (which is the greatest argument) he
that seems to have had the victory, not being quiet, but running up and
down the army, and searching all about,

To find neat Paris in the busy throng,
(Ibid. iii. 450.)

sufficiently testifies that he himself did not imagine that the conquest
was perfect and complete. For when Paris had escaped he did not forget
his own words:--

And which of us black fate and death design,
Let him be lost; the others cease from war.
(Iliad, iii. 101,)

Therefore it was necessary for him to seek after Paris, that he might
kill him and complete the combat; but since he neither killed nor took
him, he had no right to the prize. For he did not conquer him, if we may
gu