in that nature, they were all put to death, but an imbursation was made of their
names, and drawing them out by lotts, every tenth man was executed. And this way of
Decimation was used, that though all were not actually sensible, yet all might be affrighted.
But because where the punishments are great, the rewards ought to be proportionable, that
men may be as well encouraged as deterred, they ordain'd recompences for every remarka∣ble
exploit. As to him who in the fight, saved the life of a Citizen. He who first scal'd
the Walls of an Enemies Town. He who first entred into the Enemies Camp. He who
wounded or killed the Enemies General, or dismounted him from his Horse. By this
means no signal act was performed, but it was recompensed by the Consul, and applauded
publickly by the rest: and those who received any of these prizes for any generous act,
(besides the glory and fame which they acquired among their fellow Soldiers) when they
returned home into their Country, they exhibited them to the view of their Relations and
Friends, and were received with great acclamation. It is not then to be admired if that
people extended its Empire so far, being so far in their discipline, and in the observation
of their punishments and rewards, towards such as by the generosity of their actions had
merited the one, or by their offences the other; of which things I am of opinion the
greatest part should be observed now. I think it not amiss to mention one of their punish∣ments,
and it was this; The Criminal being convict before the Tribune or Consul, was by
him strook gently over the shoulders with a rod, after which the Malefactor had liberty to
run, but as he had liberty to run, so the rest of the Soldiers had liberty to kill him if they
could; so that immediately some threw stones at him, some darts, some stroke him with
their Swords, some with one thing, some with another, so that his life was but short, for
seldom any escaped, and those who did escape could not return to their houses, but with
so much ignominy and scandal, that they had much better have died. This sort of punish∣ment
is in some measure used still by the Swissers who cause those who are condemned, to
pass thorow the Pikes, which is a punishment well contrived, and most commonly well
executed; for he who would order things so that a man should not side, or defend a Male∣factor,
cannot do better, than to make him an instrument of his punishment; because with
another respect he favours, and with another appetite he desires his punishment, when he
is Executioner himself, than when the execution is committed to another. To the end
then that a Malefactor may not be favoured by the people, nor upheld in his offence, the
best remedy is to refer him to their judgment. To confirm this, the example of Manlius
Capitolinus may be brought, who being accused by the Senate, was defended by the people,
till they were made his Judges; but when his case fell once into their Cognizance, and they
were made Arbitrators in the business, they condemn'd him to death. This then is the
true way of punishing, to prevent Seditions, and execute Justice. But because neither fear
of the Laws, nor reverence to men was sufficient to keep Soldiers to their duties, and to a
just observation of their discipline, the Ancients added the fear and authority of God. For
this cause they made their Soldiers to swear with great Ceremony and Solemnity to preserve
their discipline, that if they transgress'd they might be in danger not only of humane
Laws, but divine Justice, endeavouring by all industry to possess them with principles of
Religion, however they were false.