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.
What regulations will be proper about examiners, seeing that some of our
magistrates are elected by lot, and for a year, and some for a longer
time and from selected persons? Of such magistrates, who will be a
sufficient censor or examin
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