(Translated by Charles Cotton)
       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 sentenced to death for having surrendered Boulogne to the English, --[To Henry VIII. in 1544]--openly maintaining that a soldier could not justly be put to death for want of courage. And, in truth, 'tis reason that a man should make a great difference betwixt faults that merely proceed from infirmity, and those that are visibly the effects of treachery and malice: for, in the last, we 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 weakness of courage, for our justification. Insomuch that many have thought we are not fairly questionable for anything but what we commit against our conscience; and it is partly upon this rule that those ground their opinion who disapprove of capital or sanguinary punishments inflicted upon heretics and misbelievers; and theirs also who advocate or a judge is not accountable for having from mere ignorance failed in his administration.
       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 at Lyons.--[In 1536] --And, since that, all the gentlemen who were in Guise when the Count of Nassau entered into it, underwent the same punishment, as several others have done since for the like offence. Notwithstanding, in case of such a manifest ignorance or cowardice as exceeds all ordinary example, 'tis but reason to take it for a sufficient proof of treachery and malice, and for such to be punished.
       [The end]
       Montaigne's essay: Of The Punishment Of Cowardice

Against Idleness
All Things Have Their Season
The Ceremony Of The Interview Of Princes
A Consideration Upon Cicero
Cowardice The Mother Of Cruelty
A Custom Of The Isle Of Cea
Defence Of Seneca And Plutarch
The Letters Of Montaigne
Nine And Twenty Sonnets Of Estienne De La Boitie
Not To Communicate A Man's Honour
Not To Counterfeit Being Sick
Observation On The Means To Carry On A War According To Julius Caesar
Of A Monstrous Child
Of A Saying Of Caesar
Of Age
Of Ancient Customs
Of Anger
Of Books
Of Cannibals
Of Cato The Younger
Of Coaches
Of Conscience
Of Constancy
Of Cripples
Of Cruelty
Of Custom, And That We Should Not Easily Change A Law Received
Of Democritus And Heraclitus
Of Diversion
Of Drunkenness
Of Experience
Of Fear
Of Friendship
Of Giving The Lie
Of Glory
Of Idleness
Of Ill Means Employed To A Good End
Of Judging Of The Death Of Another
Of Liars
Of Liberty Of Conscience
Of Managing the Will
Of Moderation
Of Names
Of One Defect In Our Government
Of Pedantry
Of Physiognomy
Of Posting
Of Prayers
Of Presumption
Of Profit And Honesty
Of Prognostications
Of Quick Or Slow Speech
Of Recompenses Of Honour
Of Repentance
Of Sleep
Of Smells
Of Solitude
Of Sorrow
Of Sumptuary Laws
Of The Affection Of Fathers To Their Children
Of The Arms Of The Parthians
Of the Art of Conference
Of The Battle Of Dreux
Of The Custom Of Wearing Clothes
Of The Education Of Children
Of The Force Of Imagination
Of The Inconstancy Of Our Actions
Of The Inconvenience Of Greatness
Of The Inequality Amongst Us
Of The Most Excellent Men
Of The Parsimony Of The Ancients
Of The Punishment Of Cowardice
Of The Resemblance Of Children To Their Fathers
Of The Roman Grandeur
Of The Uncertainty Of Our Judgment
Of The Vanity Of Words
Of Three Commerces
Of Three Good Women
Of Thumbs
Of Vain Subtleties
Of Vanity
Of Virtue
Of War Horses, Or Destriers
A Proceeding Of Some Ambassadors
The Story Of Spurina
That A Man Is Soberly To Judge Of The Divine Ordinances
That Fortune Is Oftentimes Observed To Act By The Rule Of Reason
That It Is Folly To Measure Truth And Error By Our Own Capacity
That Men Are Justly Punished For Being Obstinate In The Defence Of A Fort
That Men Are Not To Judge Of Our Happiness Till After Death
That Men By Various Ways Arrive At The Same End
That Our Affections Carry Themselves Beyond Us
That Our Desires Are Augmented By Difficulty
That Our Mind Hinders Itself
That The Hour Of Parley Is Dangerous
That The Intention Is Judge Of Our Actions
That The Profit Of One Man Is The Damage Of Another
That The Relish For Good And Evil Depends In Great Measure Upon The Opinion
That The Soul Expends Its Passions Upon False Objects, Where The True Are Wantin
That To Study Philosophy Is To Learn To Die
That We Are To Avoid Pleasures, Even At The Expense Of Life
That We Laugh And Cry For The Same Thing
That We Taste Nothing Pure
To-Morrow's A New Day
Upon Some Verses Of Virgil
Use Makes Perfect
Various Events From The Same Counsel
Whether The Governor Of A Place Besieged Ought Himself To Go Out To Parley