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 men 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 class, 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.