第127章 BOOK XII(2)

Now every man who is engaged in any suit ought to be very careful ofbringing false witness against any one, either intentionally orunintentionally, if he can help; for justice is truly said to be anhonourable maiden, and falsehood is naturally repugnant to honourand justice. A witness ought to be very careful not to sift againstjustice, as for example in what relates to the throwing away ofarms-he must distinguish the throwing them away when necessary, andnot make that a reproach, or bring in action against some innocentperson on that account. To make the distinction maybe difficult; butstill the law must attempt to define the different kinds in someway. Let me endeavour to explain my meaning by an ancient tale:-IfPatroclus had been brought to the tent still alive but without hisarms (and this has happened to innumerable persons), the originalarms, which the poet says were presented to Peleus by the Gods as anuptial gift when he married. Thetis, remaining in the hands ofHector, then the base spirits of that day might have reproached theson of Menoetius with having cast away his arms. Again, there is thecase of those who have been thrown down precipices and lost theirarms; and of those who at sea, and in stormy places, have beensuddenly overwhelmed by floods of water; and there are numberlessthings of this kind which one might adduce by way of extenuation,and with the view of justifying a misfortune which is easilymisrepresented. We must, therefore, endeavour to divide to the best ofour power the greater and more serious evil from the lesser. And adistinction may be drawn in the use of terms of reproach. A man doesnot always deserve to be called the thrower away of his shield; he maybe only the loser of his arms. For there is a great or rather absolutedifference between him who is deprived of his arms by a sufficientforce, and him who voluntarily lets his shield go. Let the law then beas follows:-If a person having arms is overtaken by the enemy and doesnot turn round and defend himself, but lets them go voluntarily orthrows them away, choosing a base life and a swift escape ratherthan a courageous and noble and blessed death-in such a case of thethrowing away of arms let justice be done, but the judge need takeno note of the case just now mentioned; for the bad man ought alwaysto be punished, in the hope that he may be improved, but not theunfortunate, for there is no advantage in that. And what shall bethe punishment suited to him who has thrown away his weapons ofdefence? Tradition says that Caeneus, the Thessalian, was changed by aGod from a woman into a man; but the converse miracle cannot now bewrought, or no punishment would be more proper than that the man whothrows away his shield should be changed into a woman. This however isimpossible, and therefore let us make a law as nearly like this aswe can-that he who loves his life too well shall be in no danger forthe remainder of his days, but shall live for ever under the stigma ofcowardice. And let the law be in the following terms:-When a man isfound guilty of disgracefully throwing away his arms in war, nogeneral 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 officerwho gives the coward any place, shall suffer a penalty which thepublic examiner shall exact of him; and if he be of the highestdass, he shall pay a thousand drachmae; or if he be of the secondclass, five minae; or if he be of the third, three minae; or if hebe of the fourth class, one mina. And he who is found guilty ofcowardice, shall not only be dismissed from manly dangers, which isa disgrace appropriate to his nature, but he shall pay a thousanddrachmae, if he be of the highest class, and five minae if he be ofthe second class, and three if he be of the third class, and a mina,like the preceding, if he be of the fourth class.