Jowett: Laws XII 942a-945a — Legislação militar

Now for expeditions of war much consideration and many laws are required ; the great principle of all is that no one of either sex should be without a commander ; nor should the mind of any one be accustomed to do anything, either in jest or earnest, of his own motion, but in war and in peace he should look to and follow his leader, even in the least things being under his guidance ; for example, he should stand or move, or exercise, or wash, or take his meals, or get up in the night to keep guard and deliver messages when he is bidden ; and in the hour of danger he should not pursue and not retreat except by order of his superior ; and in a word, not teach the soul or accustom her to know or understand how to do anything apart from others. Of all soldiers the life should be always and in all things as far as possible in common and together ; there neither is nor ever will be a higher, or better, or more scientific principle than this for the attainment of salvation and victory in war. And we ought in time of peace from youth upwards to practise this habit of commanding others, and of being commanded by others ; anarchy should have no place in the life of man or of the beasts who are subject to man. I may add that all dances ought to be performed with view to military excellence ; and agility and ease should be cultivated for the same object, and also endurance of the want of meats and drinks, and of winter cold and summer heat, and of hard couches ; and, above all, care should be taken not to destroy the peculiar qualities of the head and the feet by surrounding them with extraneous coverings, and so hindering their natural growth of hair and soles. For these are the extremities, and of all the parts of the body, whether they are preserved or not is of the greatest consequence ; the one is the servant of the whole body, and the other the master, in whom all the ruling senses are by nature set. Let the young man imagine that he hears in what has preceded the praises of the military life ; the law shall be as follows : — He shall serve in war who is on the roll or appointed to some special service, and if any one is absent from cowardice, and without the leave of the generals ; he shall be indicted before the military commanders for failure of service when the army comes home ; and the soldiers shall be his judges ; the heavy armed, and the cavalry, and the other arms of the service shall form separate courts ; and they shall bring the heavy-armed before the heavy-armed, and the horsemen before the horsemen, and the others in like manner before their peers ; and he who is found guilty shall never be allowed to compete for any prize of valour, or indict another for not serving on an expedition, or be an accuser at all in any military matters. Moreover, the court shall further determine what punishment he shall suffer, or what penalty he shall pay. When the suits for failure of service are completed, the leaders of the several kinds of troops shall again hold an assembly, and they shall adjudge the prizes of valour ; and he who likes shall give judgment in his own branch of the service, saying nothing about any former expedition, nor producing any proof or witnesses to confirm his statement, but speaking only of the present occasion. The crown of victory shall be an olive wreath which the victor shall offer up the temple of any war-god whom he likes, adding an inscription for a testimony to last during life, that such an one has received the first, the second, or prize. If any one goes on an expedition, and returns home before the appointed time, when the generals. have not withdrawn the army, be shall be indicted for desertion before the same persons who took cognisance 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 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.