Essays of Michael, seigneur de Montaigne in three books : with marginal notes and quotations and an account of the author's life : with a short character of the author and translator, by a person of honour / made English by Charles Cotton ...

CHAP. XV. (Book 15)

Of the Punishment of Cowardice. (Book 15)

I Once heard of a Prince, and a great Captain, having a Narration given him as he sat at Table of the proceeding against Monsieur de Vervins, who was sentenc'd to Death for ha∣ving surrendred Bullen to the English, openly maintain'd, that a Souldier could not justly be put to Death for his want of Courage. And, in truth, a Man should make a great Diffe∣rence betwixt Faults that merely proceed from Infirmity, and those that are visibly the Ef∣fects of Treachery and Malice; for in the last they will fully act against the Rules of Reason that Nature has imprinted in us; whereas in the former it seems as if we might produce the same Nature, who left us in such a state of Imperfection, and defect of Courage for our justification. Insomuch, that many have thought we are not justly questionable for any thing, but what we commit against the Light

of our own Conscience. And it is partly upon this Rule, that those ground their Opinion, who disapprove of Capital and Sanguinary Pu∣nishments inflicted upon Hereticks and Mis∣creants; and theirs also, who hold that an Ad∣vocate or a Judge are not accountable for ha∣ving ignorantly fail'd in their Administration. But as to Cowardice, it is most certain, that the most usual way of chastising that is by Igno∣miny and Disgrace; and it is suppos'd, that this Practice was first brought into use by the Legislator Cherondas; and that before his time the Laws of Greece punish'd those with Death who fled from a Battel; whereas he ordain'd only that they should be three days expos'd in the publick Place dress'd in Womens Attire, hoping yet for some Service from them, ha∣ving awak'd their Courage by this open Shame; Suffundere malis hominis sanguinem quam effundere, choosing rather to bring the Blood in∣to their Cheeks than to let it out of their Bo∣dies. It appears also, that the Roman Laws did anciently punish those with Death who had run away: for Ammianus Marcellinus says, that the Emperor Iulian commanded ten of his Soul∣diers, who had turn'd their Backs in an En∣counter against the Parthians, to be first de∣graded, and afterwards put to death, according (says he) to the ancient Laws, and yet else-where for the like Offence, he only condemns others to remain amongst the Prisoners under the Bag∣gage Ensign. The punishment the People of Rome inflicted upon those who fled from the Battel of Cannae, and those who run away

with Cneius Fulvius, at his Defeat, did not ex∣tend to Death. And yet methinks Men should consider what they do in such Cases, lest dis∣grace should make such Delinquents desperate, and not only faint Friends but implacable and mortal Enemies. Of late memory, the Seig∣neur de Franget, Lieutenant to the Mareschal de Chattilion's Company, having by the Mares∣chal de Chabanes been put in Governour of Fontarabie, in the Place of Monsieur de Lude, and having surrender'd it to the Spaniard, he was for that condemn'd to be degraded from all Nobility, and both himself and his Posteri∣ty declar'd ignoble, taxable, and for ever incapable of bearing Arms; which severe sen∣tence was afterwards accordingly executed at Lions: and since that all the Gentlemen who were in Guise when Count Nassau enter'd into it, underwent the same punishment, as se∣veral others have done since for the like Of∣fence. Notwithstanding, in case of such a manifest Ignorance or Cowardice as exceeds all other ordinary Example, 'tis but reason to take it for a sufficient Proof of Treachery and Malice, and for such it ought to be censur'd and punish'd.