Essays of Michel de Montaigne — Volume 03

But as to cowardice, it is certain that the most usual way of chastising it is by ignominy and and it is supposed that this practice brought into use by the legislator Charondas; and that, before his time, the laws of Greece punished those with death who fled from a battle; whereas he ordained only that they be for three days exposed in the public dressed in woman's attire, hoping yet for some service from them, having awakened their courage by this open shame: "Suffundere malis homims sanguinem, quam effundere." ["Rather bring the blood into a man's cheek than let it out of his body." Tertullian in his Apologetics.] It appears also that the Roman laws did anciently punish those with death who had run away; for Ammianus Marcellinus says that the Emperor Julian commanded ten of his soldiers, who had turned their backs in an encounter against the Parthians, to be first degraded, and afterward put to death, according, says he, to the ancient laws,--[Ammianus Marcellinus, xxiv. 4; xxv. i.]--and yet elsewhere for the like offence he only condemned others to remain amongst the prisoners under the baggage ensign. The severe punishment the people of Rome inflicted upon those who fled from the battle of Cannae, and those who ran away with Aeneius Fulvius at his defeat, did not extend to death. And yet, methinks, 'tis to be feared, lest disgrace should make such delinquents desperate, and not only faint friends, but enemies. Of late memory,--[In 1523]--the Seigneur de Frauget, lieutenant to the Mareschal de Chatillon's company, having by the Mareschal de Chabannes been put in government of Fuentarabia in the place of Monsieur de Lude, and having surrendered it to the Spaniard, he was for that condemned to be degraded from all nobility, and both himself and his posterity declared ignoble, taxable, and for ever incapable of bearing arms, which severe sentence was afterwards accordingly executed…