第131章 BOOK XII(2)

Now every man who is engaged in any suit ought to be very careful of bringing false witness against any one,either intentionally or unintentionally,if he can help;for justice is truly said to be an honourable maiden,and falsehood is naturally repugnant to honour and justice.A witness ought to be very careful not to sift against justice,as for example in what relates to the throwing away of arms-he must distinguish the throwing them away when necessary,and not make that a reproach,or bring in action against some innocent person on that account.To make the distinction maybe difficult;but still the law must attempt to define the different kinds in some way.Let me endeavour to explain my meaning by an ancient tale:-If Patroclus had been brought to the tent still alive but without his arms (and this has happened to innumerable persons),the original arms,which the poet says were presented to Peleus by the Gods as a nuptial gift when he married.Thetis,remaining in the hands of Hector,then the base spirits of that day might have reproached the son of Menoetius with having cast away his arms.Again,there is the case of those who have been thrown down precipices and lost their arms;and of those who at sea,and in stormy places,have been suddenly overwhelmed by floods of water;and there are numberless things of this kind which one might adduce by way of extenuation,and with the view of justifying a misfortune which is easily misrepresented.We must,therefore,endeavour to divide to the best of our power the greater and more serious evil from the lesser.And a distinction may be drawn in the use of terms of reproach.A man does not always deserve to be called the thrower away of his shield;he may be only the loser of his arms.For there is a great or rather absolute difference between him who is deprived of his arms by a sufficient force,and him who voluntarily lets his shield go.Let the law then be as follows:-If a person having arms is overtaken by the enemy and does not turn round and defend himself,but lets them go voluntarily or throws them away,choosing a base life and a swift escape rather than a courageous and noble and blessed death-in such a case of the throwing away of arms let justice be done,but the judge need take no note of the case just now mentioned;for the bad man ought always to be punished,in the hope that he may be improved,but not the unfortunate,for there is no advantage in that.And what shall be the punishment suited to him who has thrown away his weapons of defence?Tradition says that Caeneus,the Thessalian,was changed by a God from a woman into a man;but the converse miracle cannot now be wrought,or no punishment would be more proper than that the man who throws away his shield should be changed into a woman.This however is impossible,and therefore let us make a law as nearly like this as we can-that he who loves his life too well shall be in no danger for the remainder of his days,but shall live for ever under the stigma of cowardice.And let the law be in the following terms:-When a man is found guilty of disgracefully throwing away his arms in war,no general or military officer shall allow him to serve as a soldier,or give him any place at all in the ranks of soldiers;and the officer who gives the coward any place,shall suffer a penalty which the public examiner shall exact of him;and if he be of the highest dass,he shall pay a thousand drachmae;or if he be of the second class,five minae;or if he be of the third,three minae;or if he be of the fourth class,one mina.And he who is found guilty of cowardice,shall not only be dismissed from manly dangers,which is a disgrace appropriate to his nature,but he shall pay a thousand drachmae,if he be of the highest class,and five minae if he be of the second class,and three if he be of the third class,and a mina,like the preceding,if he be of the fourth class.