Plutarch, Quaestiones Romanae, ed. William W. Goodwin, 39

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[39]

Question 39.

Why is it unlawful for such as are not mustered (although they be otherwise conversant in the army) to slay an enemy or wound him?

Solution. This thing Cato Senior hath made clear in a certain epistle, writing to his son and commanding him, if he be discharged of the army having fulfilled his time there, to return; but if he stay, to take commission from the general to march forth in order to wounding and slaying the enemy. Is it the reason, that necessity alone can give warrant for the killing of a man, while he that doth this illegally and without commission is a murderer? Therefore Cyrus commended Chrysantas that, when he was about to slay an enemy and had lifted up his scimitar to take his blow, hearing a retreat sounded, he let the man alone and smote him not, as being prohibited. Or is it that, if a man conflicts and fights with his enemies and falls under a consternation, he ought to be liable to answer for it, and not escape punishment? For verily he doth not advantage his side so much by smiting and wounding him, as he doth mischief by turning his back and flying. Therefore he that is disbanded is freed from martial laws; but when he doth petition to perform the office of a soldier, he doth again subject himself to military discipline and put himself under the command of his general.

Quaestiones Romanae. Plutarch. ed. William W. Goodwin. Boston. 1874.

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Current edition Perseus

Roman Questions (English) (Plutarch. Plutarch's Morals, Vol. II. Goodwin, William W., editor; Chauncy, Isaac translator. Boston: Little, Brown, and Company; Cambridge: Press of John Wilson and Son, 1874.)

Editions (2)

Αἴτια Ῥωμαϊκά Perseus (Plutarch. Moralia, Vol. IV. Babbitt, Frank Cole, editor. Cambridge, MA: Harvard University Press; London: William Heinemann Ltd., 1936 (printing).) — 39 focus

[39] διὰ τοῖς μὴ στρατευομένοις μὲν ἐν στρατοπέδῳ δʼ ἄλλως ἀναστρεφομένοις οὐκ ἐξῆν ἄνδρα βαλεῖν πολέμιον οὐδὲ τρῶσαι;

καὶ τοῦτο Κάτων ὁ πρεσβύτης ἐν ἐπιστολῇ τινι δεδήλωκε, γράφων πρὸς τὸν υἱὸν καὶ κελεύων, εἰ 273f παρεθείη τῆς στρατείας ἀποπληρώσας τὸν χρόνον, ὑποστρέφειν· ἢ προσμένοντα λαβεῖν παρὰ τοῦ στρατηγοῦ τὸ ἐξεῖναι τρῶσαι καὶ ἀνελεῖν πολέμιον.

πότερον ὅτι τὴν ἀνάγκην μόνην ἐξουσίαν εἶναι ¹ δεῖ τοῦ ἀνελεῖν ἄνθρωπον, ὁ δʼ ἄνευ νόμου καὶ προστάγματος τοῦτο ποιῶν ἀνδροφόνος ἐστί; διὸ καὶ Χρυσάνταν ἐπῄνεσεν ὁ Κῦρος, ὅτι μέλλων ἀναιρεῖν πολέμιον καὶ τὴν κοπίδα διηρμένος, ἀκούσας τὸ ἀνακλητικὸν ἀφῆκε τὸν ἄνδρα καὶ οὐκ ἔπαισεν ὡς κεκωλυμένος.

ἢ δεῖ τὸν συνιστάμενον πολεμίοις καὶ μαχόμενον 274a , ἂν ἀποδειλιάσῃ, μὴ ἀνυπεύθυνον εἶναι μηδʼ ἀθῷον; οὐ γὰρ οὕτω βαλών τινα καὶ τρώσας ὠφέλησεν ² , ὡς φυγὼν καὶ ἀναχωρήσας ἔβλαψεν. ὁ μὲν οὖν ἀφειμένος στρατείας ἀπήλλακται τῶν στρατιωτικῶν νόμων· ὁ δʼ αἰτησάμενος τὸ πράττειν τὰ τῶν στρατευομένων πάλιν ἑαυτὸν ὑπεύθυνον τῷ νόμῳ καὶ τῷ στρατηγῷ δέδωκεν.

Κεφαλαίων καταγραφή Ῥωμαϊκά Perseus (Plutarch. Plutarchi Chaeronensis Moralia, Vol IΙ. Vernardakēs, Grēgorios N., editor. Leipzig: Teubner, 1889.) — 39 focus

[39] διὰ τί τοῖς μὴ στρατευομένοις μὲν ἐν στρατοπέδῳ δʼ ἄλλως ἀναστρεφομένοις οὐκ ἐξῆν ἄνδρα βαλεῖν πολέμιον οὐδὲ τρῶσαι; καὶ τοῦτο Κάτων ¹ ὁ πρεσβύτης ἐν ἐπιστολῇ τινι δεδήλωκε, γράφων πρὸς τὸν υἱὸν καὶ κελεύων, εἰ παρεθείη τῆς στρατείας 10 273f ἀποπληρώσας τὸν χρόνον, ὑποστρέφειν· ἢ προσμένοντα λαβεῖν παρὰ τοῦ στρατηγοῦ τὸ ἐξεῖναι τρῶσαι καὶ ἀνελεῖν πολέμιον. πότερον ὅτι τὴν ἀνάγκην μόνην ἐξουσίαν εἶναι δεῖ τοῦ ἀνελεῖν ἄνθρωπον, ὁ δʼ ἄνευ νόμου καὶ προστάγματος τοῦτο ποιῶν ἀνδροφόνος 15 ἐστὶ (διὸ καὶ Χρυσάνταν ² ἐπῄνεσεν ὁ Κῦρος, ὅτι μέλλων ἀναιρεῖν πολέμιον καὶ τὴν κοπίδα διηρμένος, ἀκούσας τὸ ἀνακλητικὸν ἀφῆκε τὸν ἄνδρα 274a καὶ οὐκ ἔπαισεν ὡς κεκωλυμένος)· ἢ δεῖ τὸν συνιστάμενον πολεμίοις καὶ μαχόμενον, ἂν ἀποδειλιάσῃ, 20 μὴ ἀνυπεύθυνον εἶναι μηδʼ ἀθῷον; οὐ γὰρ οὕτω βαλών τινα καὶ τρώσας ὠφέλησεν, ὡς φυγὼν καὶ ἀναχωρήσας ἔβλαψεν. ὁ μὲν οὖν ἀφειμένος στρατείας ἀπήλλακται τῶν στρατιωτικῶν νόμων· ὁ δʼ αἰτησάμενος τὸ πράττειν τὰ τῶν στρατευομένων 25 πάλιν ἑαυτὸν ὑπεύθυνον τῷ νόμῳ καὶ τῷ στρατηγῷ δέδωκεν.

Translations (1)

The Roman Questions Perseus (Plutarch. Moralia, Vol. IV. Babbitt, Frank Cole, translator. Cambridge, MA: Harvard University Press; London: William Heinemann Ltd., 1936 (printing).) — 39 focus

[39] Why were men who were not regularly enlisted, but merely tarrying m the camp, not allowed to throw missiles at the enemy or to wound them?

This fact Cato the Elder¹ has made clear in one of his letters to his son, in which he bids the young man to return home if he has completed his term of service and has been discharged: or, if he should stay over, to obtain permission from his general to wound or slay an enemy.

Is it because sheer necessity alone constitutes a warrant to kill a human being, and he who does so illegally and without the word of command is a murderer? For this reason Cyrus also praised Chrysantas² who, when he was about to kill an enemy, and had his weapon raised to strike, heard the recall sounded and let the man go without striking him, believing that he was now prevented from so doing.

Or must he who grapples with the enemy and fights not be free from accountability nor go unscathed should he play the coward? For he does not help so much by hitting or wounding an enemy as he does harm by fleeing or retreating. He, therefore, who has been discharged from service is freed from military regulations: but he who asks leave to perform the offices of a soldier renders himself again accountable to the regulations and to his general.

Plutarch Quaestiones Romanae 39

ed. William W. Goodwin

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Question 39.

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