Too much harshness and severity, and unreasonable and excessive lenity and indulgence are alike unproductive of what is advantageous. For he who is inordinately harsh, and is unwilling to mingle gentleness with severity, whether he has control over but one person, or over a family, or a state, always conducts himself to the injury of those subject to his authority. Anyone who wishes to govern with justice must manifest in his actions the same mixed qualities as appear in a salubrious and temperate atmosphere, and not display either too much rigor, or too much lenity which resembles weakness, for such characteristics will expose him to contempt, and render him absolutely unfit for government. What We state with reference to the atmosphere is especially applicable to the laws, for since the Empire is governed by them, they should maintain the wise proportion which I have just mentioned, and evince neither excessive sternness nor immoderate indulgence, as by means of moderation in everything those whom they control will always remain secure. We allude to these things because of their applicability to the rigorous law which has been enacted against persons who go over to the enemy. It provides that if a deserter should, at any time, be influenced by repentance, and return to his own people, expecting his crime to be forgotten, he shall either be thrown to wild beasts to be devoured, or be impaled. This rule seems to me to be productive of great injury to the State, and, instead of contributing to the public welfare, it produces the contrary effect, for it compels deserters to retain no further memory of their country, and forbids them to have any desire to return to it; for there is no one who would not prefer to live among enemies, when he knows that he will be liable to such a cruel death at home. Wherefore We, desiring to abolish a law of such severity, not to say injustice (for it is not unjust to punish with such barbarity a delinquent, who voluntarily attempts to make reparation for his crime?), do hereby decree that if a deserter should return to his country, he shall be pardoned, if he has only deserted once; if he repeats the offence he shall be sold as a slave, and remain in that condition for the term of three years; and if he deserts a third time, and returns to his country, he shall be reduced to servitude for life, as so unreliable and inconstant a man is unworthy of the freedom which he enjoys. But if a deserter should not return of his own accord, but having been arrested, is brought back to his country by others, then it will be neither unjust nor cruel for him to be punished as an enemy, especially if he has previously stained his hands with the blood of his fellow-citizens.