has received the first, the second, or the third prize. If anyone goes on an expedition, and returns home before the appointed time, when the generals have not withdrawn the army, he shall be indicted for desertion before the same persons who took cognizance of failure of service, and if he be found guilty, the same punishment shall be inflicted on him. Now every man who is engaged in any suit ought to be very careful of bringing false witness against anyone, either intentionally or unintentionally, if he can help; for justice is truly said to be an honourable maiden,576 and falsehood is naturally repugnant to honour and justice. A witness ought to be very careful not to sin 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 an action against some innocent person on that account. To make the distinction may be 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 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.577 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 forever 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 examiner, if any of them, weighed down by the pressure of office or his own inability to support the dignity of his office, be guilty of any crooked practice? It is by no means easy to find a magistrate who excels other magistrates in virtue, but still we must endeavour to discover some censor or examiner who is more than man. For the truth is, that there are many elements of dissolution in a state, as there are also in a ship, or in an animal; they all have their cords, and girders, and sinews—one nature diffused in many places, and called by many names; and the office of examiner is a most important element in the preservation and dissolution of states. For if the examiners are better than the magistrates, and their duty is fulfilled justly and without blame, then the whole state and country flourishes and
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