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"There is something in that," the priest said. "For myself I have no pity, not a scrap of it, for these Frenchmen, nor would you have, had you seen as much of their doings as I have, nor do I think that any retribution that we might deal out to the men could increase Tesse's hatred and ferocity toward us."

"Still, it might serve as an excuse," Jack urged. "Remember the eyes of Europe are upon this struggle, and that the report of wholesale slaughter of your enemies will not influence public opinion in your favor."

"Public opinion goes for nothing," the priest said shortly.

"Pardon me, father," Jack replied. "The English and Dutch and the Duke of Savoy are all fighting in your favor, and we may even boast that had it not been for the Earl of Peterborough and the allies the chains of France would be riveted firmly round your necks. You will tell me, no doubt, that they are fighting for their own political ends, and from no true love for the Spanish people. That may be so, but you must remember that although governments begin wars it is the people who carry them on. Let the people of England and Holland hear, as they will hear, of the brutal ferocity of the French marshal on a defenseless people, and their sympathies will be strongly with you. They will urge their governments to action, and vote willingly the necessary sums for carrying on the war. Let them hear that with you too war is massacre, that you take no prisoners, and kill all that fall into your hands, and, believe me, the public will soon grow sick of the war carried on with such cruelty on both sides."

"You are right, my son," the priest said frankly. "Young as you are, you have seen more of the world than I, who, since I left the University of Salamanca, have never been ten miles from my native village. I will do what I can to put a stop to this matter. But I am not solely in command here. I lead my own village, but there are the men of a score of villages lying on these hills. But I will summon all the chiefs to a council now."

The priest called half a dozen of the peasants to him, and dispatched them with orders to bring all the other leaders to take part in a council with an English officer who had arrived from the great Earl of Peterborough.

In half an hour some twenty men were assembled in a little hollow on the hillside, where they were sheltered from the fire of the French. Four or five of these were priests. There were two or three innkeepers. The remainder were small landed proprietors. Father Ignacio first addressed them. He stated that the English officer had come on a mission from the earl, and had arrived accidentally while the fight was going on, and that he was of opinion that the French offer of surrender should be accepted. A murmur of dissent went round the circle.

"I was at first of your opinion," the priest said, "but the reasons which this English officer has given me in support of his advice have brought me round to his way of thinking. I will leave him to state them to you."

Jack now rose to his feet, and repeated the arguments which he had used to the priest. He gathered from the faces of his hearers that, although some were convinced that mercy would be the best policy, others were still bent upon revenge. Father Ignacio then, in language which he thought best suited to touch his hearers, repeated Jack's arguments, urging very strongly the vengeance which the French marshal would be sure to take upon the Spanish population of the country through which he was passing when he heard the news.

"Besides," Jack said, when he had finished, "you must remember you have not conquered the enemy yet. I see the officer has withdrawn all his men among the wagons, where their shelter will be nearly as good as yours. They have, doubtless, abundant stores of ammunition in those wagons, together with food and wine, and if you force them to fight to the last man they can hold out for a very long time, and will inflict a heavy loss upon your men before they are overcome."

"But why should they take their weapons with them?" one of the men said; "they will be useful to us. Why should we let them carry them away to kill more Spaniards?"

"The reason why I would let them take their arms is this," Jack said. "Unless they march away armed you will not be able to restrain your followers, who will be likely to break any convention you may make and to massacre them without mercy. As to the arms being used again against you, I will put the officers under their parole that they and their men shall not take any further part in the war until they are exchanged for an equal number of prisoners taken by the French."

"Who would trust to a Frenchman's word?" a man asked scoffingly.

"I would trust to a French officer's word as much as to that of an English officer," Jack replied. "You would expect them to trust to your word that they should be safe if they laid down their arms; and yet, as you know, you might not be able to keep it. Better a thousand times that a handful of French officers and men should be allowed to join the enemy's ranks than that the national honor of Spain should be soiled by a massacre perpetrated just after a surrender."

"The Englishman is right," Father Ignacio said positively. "Let us waste no further words on it. Besides, I have a reason of my own. I started before daybreak without breakfast and have got nothing but a piece of dry bread with me. If we don't accept these fellows' surrender we may be on the hillside all night, and I told my servant that I should have a larded capon and a flask of my best wine for dinner. That is an argument, my sons, which I am sure comes home to you all; and remember, if we accept the surrender we shall soon quench our thirst on the good wine which, I doubt not, is contained in some of the barrels I see down yonder."

There was a hearty laugh and the question was settled; and it was arranged at once that Father Ignacio, one of the other leaders, and Jack should treat with the enemy. The other leaders hurried away to their respective sections to order them to cease firing when a white flag was raised; and, having given them twenty minutes to get to their several posts, a white handkerchief was waved in the air. The Spanish fire ceased at once, and as soon as the French perceived the flag they also stopped firing.

"We are coming down, three of us, to discuss matters with you," Father Ignacio shouted out.

The three accordingly descended the hill, and when within a short distance of the wagons were met by the officer in command of the convoy and two others.

"We have come to discuss the terms of your surrender," Jack said. "I am Captain Stilwell, one of Lord Peterborough's aides de camp. You see your position is desperate."

"Not quite desperate," the French officer replied; "we have plenty of ammunition and abundance of provisions, and can hold out for a long time, till rescue comes."

"There is little chance of rescue," Jack said. "Your marshal has his hands full where he is; and even did he hear of your situation and detach a force back to your rescue, neither of which he is likely to do, that force would have to fight every foot of its way, and assuredly not arrive in time. Nor is there any more chance of your receiving succor from the rear. You have made a gallant defense, sir, and might perhaps hold out for many hours yet; but of what use is it sacrificing the lives of your men in a vain resistance?"

"What is your proposal?" the officer asked.

"We propose," Jack said, "to allow you to march out with your arms and five rounds of ammunition to each man, on you and your officers giving me your parole to consider yourselves and your men as prisoners of war, and not to serve again until exchanged."