Book 1.16

Irascibility, I say, has this fault—it is loath to be ruled: it is angry with the truth itself, if it comes to light against its will: it assails those whom it has marked for its victims with shouting and riotous noise and gesticulation of the entire body, together with reproaches and curses. Not thus does reason act: but if it must be so, she silently and quietly wipes out whole households, destroys entire families of the enemies of the state, together with their wives and children, throws down their very dwellings, levels them with the ground, and roots out the names of those who are the foes of liberty. This she does without grinding her teeth or shaking her head, or doing anything unbecoming to a judge, whose countenance ought to be especially calm and composed at the time when he is pronouncing an important sentence. "What need is there," asks Hieronymus, "for you to bite your own lips when you want to strike some one?" What would he have said, had he seen a proconsul leap down from the tribunal, snatch the fasces from the lictor, and tear his own clothes because those of others were not torn as fast as he wished. Why need you upset the table, throw down the drinking cups, knock yourself against the columns, tear your hair, smite your thigh and your breast? How vehement do you suppose anger to be, if it thus turns back upon itself, because it cannot find vent on another as fast as it wishes? Such men, therefore, are held back by the bystanders and are begged to become reconciled with themselves. But he who while free from anger assigns to each man the penalty which he deserves, does none of these things. He often lets a man go after detecting his crime, if his penitence for what he has done gives good hope for the future, if he perceives that the man's wickedness is not deeply rooted in his mind, but is only, as the saying is, skindeep. He will grant impunity in cases where it will hurt neither the receiver nor the giver. In some cases he will punish great crimes more leniently than lesser ones, if the former were the result of momentary impulse, not of cruelty, while the latter were instinct with secret, under-hand, long-practised craftiness. The same fault, committed by two separate men, will not be visited by him with the same penalty, if the one was guilty of it through carelessness, the other with a premeditated intention of doing mischief. In all dealing with crime he will remember that the one form of punishment is meant to make bad men better, and the other to put them out of the way. In either case he will look to the future, not to the past: for, as Plato says, "no wise man punishes any one because he has sinned, but that he may sin no more: for what is past cannot be recalled, but what is to come may be checked." Those, too, whom he wishes to make examples of the ill success of wickedness, he executes publicly, not merely in order that they themselves may die, but that by dying they may deter others from doing likewise. You see how free from any mental disturbance a man ought to be who has to weigh and consider all this, when he deals with a matter which ought to be handled with the utmost care, I mean, the power of life and death. The sword of justice is ill-placed in the hands of an angry man.