Essays vvritten in French by Michael Lord of Montaigne, Knight of the Order of S. Michael, gentleman of the French Kings chamber: done into English, according to the last French edition, by Iohn Florio reader of the Italian tongue vnto the Soueraigne Maiestie of Anna, Queene of England, Scotland, France and Ireland, &c. And one of the gentlemen of hir royall priuie chamber

The fifteenth Chapter.

Of the punishment of cowardise

I Have heretofore heard a Prince, who was a very great Captaine, hold opinion, that a souldier might not for cowardise of heart be condemned to death: who sitting at his table heard report of the Lord of Veruins sentence, who for yeelding vp of Bollein, was doomed to loose his head. Verily there is reason a man should make a difference betweene faultes proceeding from our weakenesse, and those that grow from our malice. For in the latter we are directly bandied against the rules of reason, which nature hath imprinted in vs; and in the former it seemeth, we may call the same nature, as a warrant, because it hath left-vs in such imperfection and defect. So as divers nations have judged, that no man should blame vs for any thing we doe against our conscience. And the opinion of those which condemne heretikes and miscreants vnto capitall punishments, is partly grounded vpon this rule: and the same which establisheth, that a Iudge or an advocate may not be called to account for any matter committed in their charge through oversight or ignorance. But touching cowardise, it is certain, the common fashion is, to punish the same with ignominie and shame. And some hold that this rule was first put in practise by the Law-giver Charondas, and that before him the lawes of Greece were woont to punish those with death, who for feare did runne away from a Battell: where he onely ordained, that for three daies together, clad in womens attire, they should be made to sit in the market-place: hoping yet to have some service at their hands, and by meanes of this reproch, they might recover their courage a∣gaine.

Suffundere malis hominis sanguinem quàm effundere: Rather moove a mans bloud to blush in his face, than remoove it by bleeding from his body.

It appeareth also that the Romane lawes did in former times punish such as had runaway, by death. For Animianus Marcellinus reporteth, that Iulian the Emperor condemned tenne of his Souldiers, who in a charge against the Parthians, had but turned their backes from it; first to be degraded, & then to suffer death, as he saith according to the ancient lawes, who ne∣verthelesse, condemneth others for a like fault, vnder the ensigne of bag and baggage to be kept amongst the common prisoners. The sharp punishment of the Romanes against those Souldiers that escaped from Cannae: and in the same warre, against those that accompanied Ca. Fuluius in his defeate, reached not vnto death, yet may a man feare, such open shame may make them dispaire, and not only prove faint and cold friends, but cruell and sharp enemies. In the time of our forefathers, the Lord of Franget, Whilom Lieutenant of the Marshall of Chastillions companie, having by the Marshall of Chabanes been placed Gover∣nor of Fontarabie, instead of the Earle of Lude, and having yeelded the same vnto the Spani∣ards, was condemned to be degraded of all Nobilitie, and not only himselfe, but all his succe∣ding posteritie declared villains and clownes, taxable and incapable to beare armes; which seuere sentence was put in execution at Lyons. The like punishment did afterward al the Gen∣tlemen suffer, that were within Guise, when the Earle of Nansaw entred the town: and others since. Neuerthelesse if there were so grosse an ignorance, and so apparant cowardise, as that it should exceede all ordinarie, it were reason it should be taken for a sufficient proofe of inex∣cusable treacherie, and knaverie, and for such to be punished.