THE UNIVERSITY OF ILLINOIS LIBRARY 6&I LSC-Etu CLASSICS Hi r o v9 LYCURGUS A TRANSLATION B Y CHARLES M. MOSS 503205 The oration against Leooiates ia the only one extant of the orator Lyourgus. Its length atones in .part fox trie absence of other speeches, for his style and nis method of developing his arguments are sufficiently shown in it. The temper of the discourse discloses his attitude toward the events and men he is dealing with. He v.- as a public leader as well as an orator. One may say, then, that the speech is an elaborate discussion of the Atnenian idea of loyalty to the state, it mentions what one may or may not do to preserve his r i.ntful attitude toward the state, and not, as Leocrates did, violate all sanctities and all nobility of citizenship by a oraven scurrying away from Athens at a moment of national peril. The style is serious, intense, well- ordered, and not much disturbed by his passion against the defendant's conduct, and it is not confused when he goes into the details of Leocrates* history. One meets no rambling sen- tences such as Andocides uses, crowding one thing after another into a sentence till it ends in something quite distinct. Lycurgus loses by his lack of familiar address, but sustains himself by reiterated emphasis upon a few points. As in most of the orations of that era, he does not spare his denunciations of the defendant. He quotes from several authors to support his contention, the longest example being from Ill a lost play of Euripides. These lines are in keeping with Lycurgus 1 mood. They are apt, but they are mechanic al, net to say unfeeling, are too masculine, too determinedly argued to suit the character even of a patriotic queen. Lycurgus appears to make a strong case about Leoerates, but one is not quite sure that it is so strong against him. The jury had the same view, for its vote was tied. He must be set down as a rather stern, uncompromising speaker and leader. The word Court is capitalized when it refers to the aeropagitic court, to distinguish it from the ordinary jury court. This is the second of three volumes which include translations of the orations of IV An&oci&es, Lycurgus, Dinarohus and Demades. University of Illinois April 15, 1922. AGAINST LBOCRATES Against Leocrates j?or your sake, Athenians, and in reverence for the gods, I shall make a just and respectful beginning of tne accusation against tne defendant Leocrates. I pray Athena and trie other gods and demigods enshrined in our city and country to make me today a competent accuser ox nis crimes, if I nave justly sued and baring to trial tne betrayer of tneir temples, statues, sacred precincts, law- ful uonors and sacrifices handed down by our fore- fat aers. (2) It is uoth i;he people's and the city's interest tnat you who deliberate for fathers and cnildren, wives, country and sanctuaries, and nave the betrayer of them all subject to your uallot, be implacable judges ooth now and nereafter of tnose wno transgress in sucn important matters. But if i am not cringing to trial tae betrayer of tne country and a man who deserted the city and its temples, I pray for his acquittal both by gods and uy you jury- men. (o) I oould wish, gentlemen, as it is ad- vantageous to tue oity Gnat tnere be accusers of transgressors, so also that tneir action be regarded in a friendly way oy tne people. But iz nas come to tnis, that if one takes personal risks and gains enmity in serving trie public, iie seems to be, not public spirited, out a ousyoody, wnich is neither just nor helpful to one city, ror tnere are tnree things wnich chiefly protect and preserve democracy and the well-being of the city, (4) tne code of laws, tne ballot of juries, and tne suit wnich lays crimes before them. r ihie law is to set forth what may not be done, the accuser is to lay charges against those wno are amenable to punisnment under the laws, tne juryman is to punish those wno are specified i>o nim by taese two. ij'or this reason neither ballot ox jurors nor law nas significance apart from him wno delivers culprits to them. (5) How I, Athenians, knowing that Leocrates snirked banger in behalf of his country, left his fellow citizens in the lurch, betrayed all your power, and is noldeu to all tne enactments relating to it, nave brought tnis indictment uninfluenced oy hatred or contentiousness, or because I deliberately c iufc>e to oring this suit, but because 1 tuought iu disgraceful for a man uo enter the market-place and look about, and to participate in i;he public rites, wno litis become a reproach to the country and to you all. (6) It is tne business of a juso citizen not to bring uo trial from personal enmity those wno do tne city no wrong, but to regard as personal foes those «h© do any illegal act against tne country, and to tninjsc tnat public crimes are public matters, and to give reasons for nis objections to tne doers. (7) Everyone muse grant tnat publie suits are important, particularly tne one about wnich you are soon to cast your ballot. * or ..nenever you try cases for illegal proposals, you are rectifying one point only and preventing one action, in so far as tne decree would injure tne city. The present suit, however, includes no small part of the city s interests and covers no brief time, but for tne wiiole country and for all time will leave a memorable case for our posterity. (8) So terrible is the crime and of such importance til at no adequate accusation or penalty for it can be found, and none is defined in the lav;s. tost ought a man to suffer v.iio *ho deserted his country, did not protect the fanes of his fathers, left his family graves in neglect and made the Whole land subject bo its enemies? The greatest and severest penalty, death, stands as a compulsory assessment under the laws, but it is less than the crimes of Leo crates deserve, (y) It nas come aoout, gentlemen, that a penalty for such crimes nas oeen omitted, not through the indifference of former law-givers, but because tnere was no such crime in former days, nor was one ever expected in the future, i'or this reason you have the important dut^ of being not only judges of the crime, but also law-makers. Such crimes as the law defines you can readily use as a guide in punisning male- factors, but those which it does not expressly include in its wording, or if someone commits a crime greater than tne law and becomes amenable to all laws alike, your decision necessarily becomes a precedent for your descendants. (10) Be sure, gentlemen, tnat you will also incline all tne young to virtue. Pot tne re are two things tnat train the young, the punishment of evil doers and the reward given to noble men. Looking at tnese in turn they avoid the one through fear and desire the otner for the sake of their reputation. therefore, gentlemen, you must give need to tnis trial and place nothing before justice. (11) I shall make a just accusation, neither 1 9 vHJ" falsifying anything nor speaking outside the case. Most of linose who come before you act absurdly, for tney eitner discuss public affairs or condemn and rail about everything except wnat you are to vote upon. I u is not nard to express an opinion about what you are not considering, or to bring a charge about sometning that no one nill defend. (12) But it is not fair for you to expect to cast a just ballot and for tnem not to make a just charge. You are responsible for onis, gentlemen, for you nave granted this license to men coming here altnough you nave trie finest example of any of the Greeks in the areopagitic court, whicn differs so much from other courts that it is confessed by taose ¥viiom It convicts that it affords an impartial trial. (li>) With this in mind, it is your duty not 8 to be influenced by those who speak: irrelevantly, for, by doing so, the suit will oe free from slander against the defendants, the plaintiffs will least become sycophants, and you will cast your ballot in full accord with your oath. It is im- possible to cast a just ballot if you nave been wrongly instructed. (14) You must not overlook this, gentlemen, that the suit is not the- same in this man's case and that of other private citizens. You might appear among yourselves to have voted well or ill about a man unknown to the Greeks, but whatever you decide about this man will be told among all the Greeks ?^ho know that tne achievements of your forefathers are far different from tnis rnan's^. ?or he is conspicuous because of his voyage to Rhodes, UO OB and for the statement wnioh he made aoout you both to the Rhodians and go the importers stopping there. (15) Tnese men sail about the whole world on business and told what they heard Leoorates say about our city. So it is very important that you advise correctly aoout him. Be sure, Athenians, tnat wnerein you differ most from otner peoples, in reverence for the gods, respect for parents, pride in the fatherland, you would seem to be most neglectful if tnis man should escape punishment at your nands. (16) I ask you, Athenians, to near my accusation to the end, and not to be vexed if I begin with what befell the city at that time, but to be angry at those who caused it and compel me to call attention to them. 10 V/nen tne battle of Chaeronia had taken place and all ox you nad gathered at tne assembly, the people voted to bring the women and children from the country within the walls, and the generals to form guards of the Athenians and others living at Athens, as they thought best. (17) Leocrates heeded nothing of this, out got together what property he nad, and his servants helped him carry it to the boat already anchored off the shore. Late in the evening ne and nis mistress, sirenis, went to the boat through tne gate along Acte and sailed away in flight, without regard for the har- bors of the city from whicn he was putting to sea, or respect for tne walls of the country which he left unprotected as far as he was concerned. i;or did he fear as he beheld and betrayed the acropolis 11 and the temple of Zeus Savior, and of Atnena Protectress. Yet he soon will appeal oo them to save him from his peril. (16) He disemoariied and oame to Rhodes as if announcing great good fortune for his country, and told them that he had left the city captured, the Piraeus uesieged, and nimself barely got away with his life. Ee was not ashamed oo proclaim the misfortune ■ of nis country as nis own salvation. So thoroughly did tne Hhodians believe this s&ory that they manned triremes and drew the snipping to shore, v^nile tnose importers and shipowners whQ were ready bo sail nitner un- shipped their grain and other freight on the spot oecause of his tale. (19) to show you that I speaic the truth, the clerk will read all the testimony to you, first, of the neighbors and ox tnose living 12 tnereabouts wuo Know tnat he fled in war-time and sailed away from Athens, and then ox tnose who were at Rhodes when leocrates told his story, and after that the testimony of phrynicus who, most of you Know, denounced him before ohe people oecause he had greatly injured tne impost tax oy participating in it, (20) Before the witnesses come to the plat- form I want to speak to you briefly, You certainly are not ignorant, gentlemen, of the scuemes ox accused persons, nor tne appeals of those beseecning you, but you Know well enough tnat for money or favor many witnesses nave been persuaded to forget, or not to come here, or to find some other excuse. Do you demand that the witnesses come to tne platform, not in dread nor to make personal advantage of more 15 concern than yourselves and the city, but to ren- der truth and justice to the country, and not to shirk this duty in imitation of Leocrates, nor, with hands on the sacred emblems, as the law directs, to swear that they are ignorant of the facts. Read the testimony.* TESTIMONIES (£1) After this, gentlemen, as time passed and ships came from Athens to Rhodes, and it appeared tnat nothing unusual nad Happened to the city, again he sails in terror from Rhodes to Megara. There he lived more than five years "with a Megarian as patron, with no respect for the boundaries of tne land, an alien in a neighboring country, and away from the one country that nourished him. (22) He had so *Addressed, here and elsewhere, to the Cleric of tine court. lo LilJ I 9ii< 14 condemned himself to permanent exile that he bent for Amyntas, wno married an elder sister, and An- tigenes of Xypete, one of nis friends, and begged nis relative to buy nis slaves and nouse and sell tnem for a talent. He directed nim to pay his debts and nis loans from this sum and to return tne rest to him. (25) When Amyntas had adjusted all tnese matters, he sold the slaves again for thirty minae to Timocnares, the Acharnian, who married the man's younger sister. As Timochares did not have the money t0 pay, he made a contract and deposited it i ith Lysicles, and paid a mina as interest to Amyntas. in order that you may not imagine this to be a mere story, but may kno?* that it is the truth, the clerk will read to you the testimony of these persons-. If Amyntas were alive I should present nim, too. as it 15 is, I snail call before you those who know the facts. Please read the testimony, that Amyntas bought tne slaves and the house from Leocrates in Megara. TESTIMONY (24) Listen also now Philomelus, the Gho- largian, and Menelaus, envoy to the king, received forty talents from Amyntas. TESTIMONY Please read also the testimony of Timochares wno bougnt the slaves from Amyntas for thirty five tninae, and tne agreements. TESTIMONY AGREEMENTS (25) You have heard the witnesses, gentlemen. You ougnt to be stirred go detest tnis Leocrates for what I am auout to say. For it was not enough 16 for him merely to withdraw his person and his property, but he also sent for and removed from our country to l.legara tne sacred objects wnicn His forefathers handea down according to your lawful and inherited customs. He aad no reverence for the name of tnese ancient sanctities, for he re- moved them from the country and took them with him into exile. He deserted the temples and country vi/here they were and estaolished tnem upon a foreign and alien soil, by uhat acc making them strangers botn to the land and tne usual customs oi tne people of Megara. (26) Your fathers named the country Athens after Athena who was allotted tnis territory, in order tnat those wno venerated trie goddess might not desert a city named after uer . But leocrates so far as ne could by nis disregard of custom, 17 native country and temples, made even the favor of the gods a matter of export. He was not satisfied to wrong the city in tnat degree and manner, out ;,nile he lived in Megara he used the funds whicn he had transferred from iiere as capital, procured grain from Cleopatra in Epirus, and brought it to Leucas and thence to Corinth. (£7) And yet, gentlemen, your laws set tne extremest penalty upon wnoever of tne Athenians carries grain else- where tnan to your ports. Furthermore, now that you have tnis man in the power of your oallots, a traitor in the war, a lawless importer, a man without regard for temples, country or laws ; will you not kill him and make him an example to others? Truly you would be the most indulgent of men and least indignant at grave crimes. 18 (28) Also, gentlemen, do you pay heed to these matters as I make a just review of them, for I do not believe that you should vote upon such crimes haphazard, but when you know the truth, not that the witnesses will furnish proof in their testimony, out that they nave done so. For I challenged them in a written summons aoout all these matters and demanded that this man's slaves be tortured. The summons is worth hearing, please read it. SUMMONS (29) You near the summons, gentlemen. Leo- orates did not accept it and thereby condemned him- self as a traitor to the country, for the man who avoids proof coming from those who know tne facts confesses that the charges are true, \mo of you does 19 not Know that it is more just and. democratic in disputed questions when men and women slaves Know what should be disclosed, to test and torture tnem, and to trust deeds more than words, particularly in puolic affairs of great importance to the city? ( 50) I am so far i'rom bringing an unjust case against leocrates that I wished at my own peril that proof should oe obtained by torturing his slaves, men and women. He did not. stay, but went off because he knew ne was guilty. Yet the slaves of Leocrates, gentlemen, would nave denied any ox tne charges sooner than falsify against their own master to facts tnat do not exist. (31) Besides tnis, Leocrates will forthwith cry out tnat he is a private citizen undone Dy tne skill of an orator and blackmailer. But I think you zo all know that it is the Dusinees of skilled speakers and those who attempt to play the syco- phant to anticipate and seek those points at which they will introduce their fallacies against tne de- fendants, while those who enter suits in a proper way and carefully show tnat they will keep their oaths, are seen to act in a different manner, as we do. (32) Do you reason thus about them among your- selves. Whom would it be impossible to mislead by skilful use of speech? iiaturally , slaves under torture, male and female aliKe, would tell the whole truth aoout all crimes. But Leo orates avoided pre- senting them, not another's, but his own, (So) ;;no can be won over by words? ,7nose tenderness of disposition can be turned to pity by tears? The judges'. Leocrates, the traitor, has come here 21 through fear of nothing else except that those who would actually confute nim, and ne himself, would come from the same nouse. What need is theri of pretexts, or talk, or excuses? Justice is simple, truth is easy, proof takes but a moment. (34) If he acKnowiedges the indictment to be true and sacred, why does ne not receive the legal penal- ty? If he says it is not true, why did he not hand over his slaves? Surely it was important that a man on trial for treason should deliver them for torture and omit no form of definite proof. (35) He did nothing of the kind, but after witnessing against himself that ne is a traitor to his country, its temples and its laws, will demand that you vote con- trary to his own confessions and testimonies. How can it oe just for a person who has stripped himself of tiie privilege ox personal defense for other reasons as well as that he did not follow a just course, I say, now is it right to permit this person to deceive you auout confessed crimes? (56) Con- cerning his acknowledgement of the summons, and the crime, gentlemen, I think: you have learned enough. I v. ant to remind you of the crisis and what sort of perils the city was in when Leocrates betrayed it. Clerk, please read the decree of Hyper ides. 1 DECKEE (37) You hear the decree, gentleman, declaring that the senate of Five Hundred is to go to Piraeus under arms uo consult aoout a guard for it, and when it nas made ready, to do whatever seems to the interest of the people. Still, gentlemen, if men remained in the ranks who had oeen relieved of service to deiiber- 23 ate for the city, do the fears that gripped it at that ting seein trifling or commonplace? (58) in the midst ox uhem Leocrates ran away and took his belongings, sent for his heirlooms, and went so far in his treason that, by his own choice, tne temples were deserted, the guard of "tne walls was absent, and the city and country were abandoned. (39) in those times, gentlemen, who would not have pitied the city, I do not say mere.ly a citizen, but even a stranger who had tarried here in times gone by? y/ho was there so averse to t he democracy or to the Athenians uhat he co uld have endured to see himself keeping out of the army when defeat and the ensuing- misery were announced to the people? when the city was excited over its misfortunes and hope of safety for the state rested in those who were more than fifty 24 years old? (40) ,» ; nen one could see free women at tneir doors cowering in terror and asking if nusuand or xi.tu.er or urotners were still alive, a signt unwortny of them and of tne city? when men feeule of body and of many years, now excused &y law from military duty, oould be seen wandering about tne whole city in their old age wi uh folded garments fastened with a broocn?* (41) Altnough tnere were many fearful happenings in the city, and all citizens were most unfortunate, one would especially nave grieved and sued tears over our mis- fortunes on seeing tne assemoly vote to make freemen of slaves, Atnenaans of foreigners, and to restore civic rights tp the disf rancnised, when formerly he had boasted that he nad sprung from tne soil and was free, ^Instead of being draped as usual. 25 (42) Suon a change did the city undergo that it used to contend for tne freedom of other Greeks, out in those, days is was thankful if it was able to incur risks incident to its own safety, formerly it controlled much barbarian territory, Dut then faced tne Macedonians to save its own, while the peoples whom the Lacedemonians and Peloponnesians and tne Greeks in Asia formerly called upon for aid, now asked help of Andros, Cos, 'froezen and Epidaurus for tnemselves. (43) v/hat Judge, gentlemen, v,ho loves his city and wishes no be reverent could acquit the man who deserted tne city in the midst of such dangers and shame, and neither took up aims for his country nor offered nis person to tne generals for service, but fled ana betrayed the safety of tne people? What orator summoned for tne case 26 would nelp the betrayer of the city, the man not courageous enough to sympatnize with the mis- fortunes of his country nor contribute anything to tne safety of the people, (44) when tne land gave its trees, tne dead tneir graves, and tne temples their armor? In those days there was no age that did not give itself for tne protection of tne city. Some cared for the repair pf tne walls, some for the ditcnes, some xor tne palisades. NO one in tne city was idle. For no one of tnese things did Leocrates offer nis help. (4o) You should remember fchis and punish witn deatn bne man who did not deem it worth While oo join in and go uo tne burial of tnose who died au Ghaeronia for one freedom ana saiety oi tne people, 'fries e men were left unouried so fax as he was concerned. Seven years later ne was not ashamed 27 to go past tiieir tombs and "Go Gall their fatner- land His; (46) I wish, gentlemen, to say a little more about those men, and I ask you to listen and not re- gard such remarks unsuited to public trials. Jne eulogies ox brave men are a clear testimony against those vvqo practise trie op£>osite oenavior. Besides, it is not just bo omit their praise at tne public and general contests of the. city, when it is tne sole reward for the risks which brave men takie in giving their very lives for the common safety of the state. (47) They met the enemy on the frontiers of Boeotia and fought for the freedom of tne Greeks with no hope of safety witnin walls, nor did tney yield or give over tne land to oe despoiled by the enemy. They believed that tneir courage was a surer protection £6 tnan circuits of stone, and were asnarned to permit the land tnat nourished tnein go be devastated. Y/ith reason. (48) Fojr, just as all men do not nave the same sentiment toward their natural and adoptive fatners, so also they are less attaoned to countries not "cneirs by birth, but ac .uired later. With such sentiments and with noule men wno snared the dangers with tnem, tney aid not share wiun them in like lor tune, lor tney do not in life enjoy the rewards 01 valor, out in death left a glorious name. They were not defeated, out died "where tney suood while fighting lor liberty. f^9) il one may use a paradoxical out trutnful remark, tney died as victors, for one prizes of war for orave men are freedom and nonor, and ootn of these oelon^ oo tne dead. It canno o be said that they were defeated who 29 aid r±ot dower in fear of tne onooming enemy, no one can justly say that they are defeated who alone die nobly in war, for they choose a glorious death to avoid slavery. ( bO ) The nobility of these men made Ghis clear, for they aL. one held tne liberty of Greece in their own persons. For tne moment they died Greece fell in go slavery, and the freedom of the other Greeks was ouried with their bodies* From this fact tney made it clear to all that they warred for no private interest, but faced danger in behalf of the common freedom, so that I should not be ashamed, gentlemen, to say that their lives are the crown of the fatherland. (51) Because of what they used to practice wisely, you alone of tne Greeks, Athenians, know now to honor breve men. you 30 will find statues of atnletes set up in the market-places of other peoples, but in yours of brave generals and of those who slew the tyrants. It is not easy to find such men anywhere in Greece, but those who nave oeen crowned as victors in con- tests can readily be seen everywhere. Hence, as you grant high honors to benefactors, so justly should you punish most severely those who betray and disgrace the fatherland. (52) Consider, gentlemen, that it is not in your power to acquit Leociates if you act justly, for tnis crime has been judged and condemned. The Court (let no one make a distui bance , for I under- stand that it was the most important defense of the city at that time), arrested and put to death as enemies those who fled and deserted the country-. Do 31 not suppose, gentlemen, that those who decide the deadly crimes of others most reverently would themselves transgress against a citizen in any sucxi wise. {53) You condemned and punished Autolycus who stayed amidst our perils oecause he was cxiarged with removing his sons and wife. If you punisned the man who was merely charged with removing nis sons who were unfit for war, what ought he, if he is a man, go suffer who did not return his debt to his country? 'fhe people thougnt the case so important thao they voted that those who Shirked danger in behalf ox their country should be held for treason, in the belief that they deserved tne severest punishment. (54) Will you jurors vote contrary to wnat was condemned oy that most righteous Couio, voted against by a jury, and 32 agreed by tne people to oe deserving of tne severest penalty? Truly you will be tne most stupid of all men and will nave the least number to undergo perils for you. (55) It is clear, gentlemen, tnat Leocrates is answeraole to all the charges. But I under- stand that he will try to deceive you uy saying that ne sailed as a tradei and went to Rhodes on that uusiness. If he says tnis, note how readily you will take him in a falsehood, jj'or, first, traders do not embark from tne shore by way of the Little Gate, but w itnin the harbor, and are seen and saluted uy their friends. Second, ne aid not go witn his mistress and servants, buu merely with a slave oo help him. (06) in addition do ohis, what business did an Athenian nave that ne snould spend 55 five years as a trader at Megara, move away his inherited possessions, and sell his house here, unless he acknowledged nimself to be a traitor to his country and to be greatly wronging every- one? It would be tne most absurd of all tnings if you, with a ballot in your nands, acquit him of what ne expected to be ^unished for. Aside from tnis, I do not think it necessary to accept this defense. ( o7 ) j?or, isn't it dreadful for those who are away on business to hasten to the aid of the city, and for this one man uo go off to trade in those critical times when no man should nave tnought of gaining anything, but only i;o keep what he had? I snould be glad to learn from nim what ne could bring in x,o oetter advantage to tne city than to give himself to tne generals to place in the ranks and uo 34 fight with you and ward off our assailants. I Jmow of no aid like that. (ob) He deserves anger not only for nis action, out because he had the impudence to lit openly about it. jj'or neither before nor at any time was he ao this business, but he owned coppersmiths, and did not put to sea and import anything from Megara, although he con- tinued there for six years. More than tnat, he ha a a snare in the impost tax, which he would not have left and gone off to trade, so if he tries to say anything aoout this, I thin& you will not permit it. (o9) Perhaps he will bring forward the argument which some of ais counsel advise, that he is not answeraole for treason uecause he was not in control of the dockyards nor the gates nor camps, nor, in short, of any ox one affairs of tne city. I believe that tnose who were responsible for these matters oetrayed some part of your power, but this man delivered up tne wnole aity. some merely wrong the living by being traitors, but tnis man is a criminal even against tne dead by depriving tnem of their hereditary privileges. (60) jiven if tne oity nad been betrayed by them, it would be innaoited thougn enslaved, but in the way ne deserted it, it would be uninnabited. When cities fare ill it is reasonaole that a cnange would be for their better- ment, but from their ueing completely destroyed tney would also be deprived of taeir common nopes. Just as a living man nopes to be lioerated from some misfortune ana, when dead, every tiling is taken away by wnicn one may be content, so also cities 36 nave an end of their misfortunes when they are swept away. (61) If I must tell tne truth, to be overturned is the deatn of a city. Tne proof is complete, Our oity was anciently enslaved by tyrants and later by tne Thirty, wnen its walls were razed oy the Lacedemonians. Hevertneless fee were freed from ooth of them and oecame responsible for the well-being of the Greeks. (62) it is not so with all that nave been overthrown, if I may mention a more ancient example, who nas not neard that Troy, the greatest of cities of its time and mistress of all Asia, was once for all razed by the (ireeKS and is uninhabited to this day? And that four hundred years later Messene was resettled by men from other places? (66) Perhaps one of his counselors will presume 37 to say, as though iu were a mere trifle, that none of these things would happen through one man, and they feel no sname in making an apology before you that migJat justly bring death to them. If they agree that he deserted the county, then let tnern peymit you to decide about tne magnitude of tne offense, buu if ne has not done so, is it not sneer madness to say that notning would Happen through him? (b<±) fox my part, gentlemen, I think quit;e diner ently from these men, that the safety of the city rested upon nim, for tne oity stands because it is guarded by eacn man's part in it. So whenever anyone ignores it in one particular ne has done so in all. It is easy to find one truth, gentlemen, by looking at tne opinions of our ancient lawgivers. (6b) 'fney did not assign death to a man who had stolen 38 a hundred talents and a less penalty to one who had taken ten drachmae. They did not put to death a man "who had grievously despoiled the temples, and punish small offenses vvitn less penalty. Nor did they fine a man who killed his servant and keep the man who killed a freeman from the puolic rites, out tney set death as the penalty for all illegal acts, even the least. (66) In their day they did not look each time at the particular Kind of crime committed, and then consider the magnitude of it, but only at this, whether, if it became worse, it would seriously injure mankind. Otherwise it would he folly to inquire into it at all. Well, gentlemen, if a person should go into the metroon and erase one ordi- nance and then should defend the act by saying that the city suffers no harm uy one loss, would you not put 39 him to death? I believe that you would justly do so if you propose to protect the rest of the people. (67) Likewise tnis man must be punished if you pro- pose to mate the rest of trie citizens better, you will not consider whether he is one individual merely, but will look at his act. I ohimc that it is our good fortune that there are not many such as he, out that he deserves a severer penalty because he is tne only citizen who has sought his own instead of everyoody's safety. (oti) I am particularly irritated, gentlemen, wnenever I near one of his partizans say that it is not oetrayal if one left tne city, oecause our fore- fa tners once left it wnen they were fighting xerxes, and crossed to Salamis. He is so stupid or so utterly contemptuous of you that he assumes to compare the 40 noblest acts with the vilest. (69) Where is not tne courage of tnose men applauded? fh« is so mean or so destitute of ambition as not to pray to snare in tneir deeds? They did not desert tne city, out with patriotic purpose merely cnanged its location in view of impending disasters. (70) Etionicus, the Lacedemonian, and Adimantus, the Corintnian, with the Aeginetan fleet, were ready to take them to safety under cover of night. When our forefatners were deserted by all tne Greeks they forciuly freed tne others by compelling tnem to fight with themselves against the barbarians, at sea off Salamis. Single-nanded they surpassed ooth tne enemy and their allies, as befitted each of tnem, the one by benefits, tne other by overcoming them in battle. Vera tney like the man who fled a "/* J X C 41 four day's voyage from his native country to Rhodes? (71) Ox course any of those men would in- stantly liave jjut up with such an act and would not have stoned to death the man vmo shamed their valor i Indeed, so much did they all love their native country that taey almost stoned Alexander, who formerly was their friend, because ne asked earth and water wnen he came as ambassador from Xerxes. Where tney thought best to exact penalty even for tne suggestion, doubt- less tney would not have punished with severity the man who actually delivered tne city to its enemies 1 (7£) Tney followed such principles and so became lead- ers of tne Greeks for seventy years, laid waste Phoenecia and Cilicia, were victors on land and sea at Eurymedon, captured a hundred triremes from the barbarians, and sailed oy and laid waste all the coast 42 of Asia. (73) As a eliraax to their victory they were not content with the trophy at ^alamis, oat fixed limits for the barbarians with a view to the liberty of Greece, and prevented those peoples from overstepping- b hem. Tney made agreements with them not uo sail in a long boat between the Cyaneas islands and the river Pnaselis, and that the Greeks who lived not only in Europe but in Asia were lio oe autonomous. (74) Do you suppose -chat if everyone had followed the idea of leocrates and fled, that any ox these glorious deeds would nave oeen done, or tnat you would still De occupying tnis land? you ougnt, therefore, gentlemen, as you laud and honor tne brave, in like manner to detest and punish cowards, and particularly Leocrates who neither feared nor respected you. 43 (75) Now observe what your custom is in these matters and what your ideas are, for it is worth wnile to pass them in review altxiough you know them. By Athena, the anoient laws of the oity and the customs of those who first established them are an honor to which, If you pay heed, you will do justice and will seem dignified in the eyes of all men and worthy of your oity. (76) You have an oath which all citizens swear when they are enrolled in the register of the deme and become ephebi, not to disgrace their sacred arms nor desert their post, but to defend trie fatherland and hand it down uetter than they receive it. If Leocrates swore this oath he is plainly a perjurer, and not only wronged you but is impious toward the gods. If he did noG swear it, he was obviously prepared to perform 110 i 44 no duty, and you would justly punish him for your own sake and the sake of the gods. I want you to hear the oath. Read it, clerk. (77) OATH. I will not disgrace my saored arms nor desert the comrade by whom I am standing. I will defend our holy places both single-handed and with many. I Kill nand down the fatnerland not less, but greater and better than I received it. I will obediently listen to those who from time to time are in office, and I will obey the estaulisned ordinances and what soever otuers th« people ^i"Uh one accord enact. I will not permit anyone to overthrow or disobey them, but will defend them alone or with all. 'i'he gods be witnesses: Aglaurus , Enyalius Ares, Zeus, 'j^hallo, Auxo, Hegemone. IToble and holy is the oath, gentlemen. Leocrates 45 acted contrary to it in all ways. Indeed, now oould a man oe more impious than by oeing a traitor to nis country? How could anyone disgrace his arms more tnan to be unwilling to ttice tnem and to ward off its foes? Or "by not offering nimself for the ramcs and oy deserting nis com- rade and nis post? (78) or by undergoing no danger in defense of our holy and sacred snrines? By wnat greater treason couid ne betray his country? So far as ne was able it has oeen left subject to its enemies. Vail you no t put iio deatn tne man who has been guilty of all bhese crimes? Whom, then, will you punish? Tnose who erred in some of these matters? It will oe easy, indeed, to punisn major crimes among you if you are seen to be furious merely at small ones! 46 (79) Moreover, gentlemen, you must under - Ike stand this, that an oath is what holds democracy together. For there aie three factors of which the state is composed, the officer, the juryman, and the private citizen. An oath is the pledge which each of them giveB, of course. Many persons hitherto by deceiving and eluding the people nave not only escaped present dangers, but thereafter are immune from the penalty for tneir crimes, but no perjurer can elude or escape the gods or their vengeance, if not upon himself then upon his children, and his whole kin falls into great misfortunes. (60) There- fore, gentlemen of the jury, all Greeks gave this pledge at Plataea when they were in line and about to fight the armies of Xerxes, not improvising it themselves, but following tne usual oath among you. 47 It is worth while to hear it, for, alt Lough these occurrences are old, yet one may often note the spirit of those men in our inscriptions, please read it. (81) OATH. I will not place life above liberty. I will not desert my leaders, living or dead, but will bury all those of our allies who perish in battle. If I overcome the barbarians in war, I will not destroy any Greeu: city which fought for Greece, but will dedicate a tenth of all those which sided with tne barbarians. And of the temples ourned or torn down by the barbarians I will rebuild none at all, but will leave them as a reminder to future generations of the impiety of the oarbaxians. (82) So earnestly, gentlemen, did they all 48 apply themselves to this, that they had with them the goodwill of tne gods as a help, and, although all the Greeks proved to be men brave in danger, your oity was especially esteemed. I | would oe the most terrible of all tnings if your ancestors dared to die that the city might not be inglorious, and that you should not punish those who have dis- graced it, but permit the common renown gained by many labors to be dissipated by the villainy of such men. (83) It does not become you, gentlemen, of all the Greeks, to permit any of this. I wish to rehearse a few ancient events to you, for, v;itn tnem as examples, you will deliberate better about these and other incidents. Your- city has tnis very great advantage, that it has become an example to the u-reeKs 49 in noble deeds. So far as it is the most ancient of cities, so far our ancestors surpassed otner men in valor, (84) When Godrus 7ms king the peloponnesians resolved, because their land was sterile, to make war upon our city and to divide tne oo untry after expelling our forefathers. They first sent to Delphi and a sited the god whether they would capture Athens. Ee responded tnat they would take the city if they did not kill its king. So tney marched upon Athens. (85) But Cleomantis, a Delpnian, learned of the response and secretly told it to the Athenians. So, it seems, they had men outside vwo were kindly disposed. 'Mien tne Lacedemonians made their incur- sion into Attica what did (our forefatners) do, gentlemen ox the jury? They did not leave the land 50 and go away as leocrates did, nor make a gift of its temples to tne enemy, and of tne country that iiad nourished them. j?ew as tney were and shut in, they persevered for the country's sake, (bb) So brave, gentlemen, were the rulers of that day that they chose to perish for the safety of their subjects rather tnan to live and exchange their country for another. So tney say that Codrus told tne Athenians to note wnen he snould die, put on a beggar's raiment in order to deceive the enemy, and slipped out of the gates to collect fagots in front of the city. Two men from the camp came up to him and asked aoout affairs in tiie city, one of whom he attacked and killed with a scytne. (87) r j?he survivor, enraged and supposing nim to oe a ueggar, drew his sword. and killed him. when this Happened 51 the Athenians sent a herald demanding that their Icing be given to them for burial, and explaining the whole matter truthfully. The Peloponnesians gave him up and went away knowing that it was no longer possible for them to retain tne land. For this your forefathers granted perpetual support in the prytaneum to Cleomantis, the Delphian, and his descendants. (68) Did the kings of yore love the country as Leo crates did, who preferred to deceive the enemy and die for it and to exchange their own life for the common safety? fhat alone is why tney are eponymi of tne country and are honored as gods. Bith reason. For they were so strenuous in tne country's behalf that even though dead tney are justly heirs to it. (89) But Leocrates neither living nor dead 1 may justly share in it, but alone of all others might properly be expelled from the land which he deserted when ne went over to our enemies, fox it is not proper that the same earth should cover men of distinguished bravery and the basest of all human beings. (90) Yet he has actually attempted to say what he will per naps say to ^you, that he would. never defend this suit if ne felt that he had done anything like tnis. As if every tnief and desecrater of temples does not say the same thing! it is no sign that tney did not do it, but of their snameless- ness. He has no business to say this, but that he did not sail away, nor desert the city, nor settle in Megara. (91) These are the proofs in the case, as > for his coming here, I think some god led him to 53 pun i ailment in order that, as lie avoided an honor- aole peril, he might meet a dishonorable and in- glorious death, and miglit get Himself into the nands of those whom ne betrayed. His oeing unfortunate elsewhere is no evidence that ne should not be punished for these crimes. But it is plain to those whom ne betrayed that ne should oe punished for the ones committed Here, (92) for the gods do nothing sooner than mislead the purposes of bad men. some of the ancient poets seem to me, as it were, to have written oracles when they left these verses go posterity. "Whenever one wrath of the gods injures a man, it first of all rods a sane mind of its wits and turns one's judgment to a worse in order that he may not snow wherein ne sins." (93) What older person does not remember, or young person has not 64 heard, of Call i stratus whom the city condemned bo death? ,/hen lie fled and neard from the god at Delphi that, if ne should return to Athens, ne would meet the laws, ne came back and took: refuge a"G the altar of the twelve gods, but none the less he was put to deatii. And justly so, for to meet the laws means punishment for criminals, because god properly grants tuose wno are wronged to punish the author of tne wrong. It would be a Shocking tning, indeed, if one same tokens were displayed to the pious and criminals aline. (94) I chink, gentlemen, that the gods give attention to all numan affairs, and particularly to the respect due to parents, the dead, and them- selves. Properly. Jfor it is tne rankest impiety if we do not, I do not Bay sin against unem, but spend 55 our lives in serving those from wnom we get our life and receive so many blessings. (9b) It is said, indeed, that in Sicily (even if it is ever so fictitious a tale it will be useful to all young men to hear it), a stream of fire comes from Aetna, and tnat it flows to another district and an inhaoited city tnere. others took to flight to save themselves, but one of tne younger men on seeing his aged father unable to escape uecause ne was surrounded, lifted him up and carried him. v/ith this added burden I imagine that ne himself was also hemmed in. (96) tfrom this tale it may be seen that the god is kind to good men, for it is said that the fire overflowed that region on all sides and they alone were saved. To this day the place is called the 'place of the pious'. All those perished who 56 made their departure nastily and left tneir parents benind. (97) In view or this testimony of the gods you ought with one accord to punish the man who is responsible for all direst crimes as far as in him lay, for he robbed our gods of their ancient honors, left his parents to the enemy, and did not permit the dead to receive the customary rites. (98 ) Consider the deeds, gentlemen, (i snail not overlook them) , upon which your ancestors prided themselves. '//hen you have heard them you Will appreciate them in a suitaole way. 'iney say that Eumolpus, son of Posidon and Cnione, came with the Thracians to contend for this land, and that Erechtheus was king in those days, whose wife was praxithea, daughter of uephisus. (99) When a great army was about to enter the country he went to Delphi and asked the 57 god what he should do to win a victory over the enemy. The god responded that if he would sacrifice his daughter oefore the two armies met, he would defeat his foes. He did so in obedience to the god and expelled the invaders from the land. (100) One may justly praise Euripides be- cause, great poet as lie was, ne cnose to x jut this tale in verse, thinking it would be the best example for our citizens in their actions, and by recalling and thinking about it tney would school their spirits to love tneir country. It is worth while, gentlemen of the jury, to hear the verses which he made the mother of the child speak, for in them you will find a loftiness of spirit and a nobility worthy of the city and Of the daughter of Cepnisus . 58 "If one generously shoves kindness it is a satisfaction to men. If one aots, but does so at his leisure, it is not noble. I snail give my caild to deatii, but I am thinking of many things, first, I think no otner oity preferable to this, wnose people oame not from other lands, but arose from tills soil. Some cities nave been founded by dissimilar and chance peoples , others arose from mother-cities. .aioever leaves one city and dwells in another fits like a bad joint in wood, is a citizen in name merely, not in fact. Then we bring forth cuildreri that we may protect the altars of the gods and the fatherland, i-ne city has one name though many may dwell in it. How can I destroy them When one may be given to death for them all? If I know numbers and the greater from tne less, if 59 tne no use of one man is smitten and moans it is not of more concern than a uncle city, nay, it is not of equal concern. If I nad a son instead of a daughter in my nouse, and nostile flames over- spread tne city, would I not send him to battle although I feared his death? Let me have children who will fight and be distinguished among men, not figure-heads born to no purpose in the city. vne tears of mothers when they send their sons away unman many as they go to battle. I hate women who value the lives of their sons before honor, and approve of base conduct. Even when fallen in battle with others they gain a common tomb and e^ual fame, but a single crown will be given to my daughter alone if she dies for this city. And she will save her mother and thee* and her two sisters, y/nich *Said to Siechtheus. 60 one of them is it not an honor to greet? I shall not sacrifice for the land a maiden not mine by birth. If the city is taken, what joy vail there ue in my children? Well, everything snail be saved so far as I can do it. Others vail rule. I snail save the city. As to that, where the state is most important, there is no one who, by my con- sent, snail overturn the ancient institutions of our fatners, nor in place of olive and the golden Gorgon snail uhe trident stand upright in our foundations, nor Sumolpus or trie 'fhracian people crown it, and Pallas be no more honored. Take .my offspring, citizens. Be safe, be victorious. It may not be that I, for one life, shall not save the fatherland for you. fatnerland, would that all wno dwell within thee loved tnee as I do. 'fnen 61 happily would we. inhabit thee and thou wouldst suffer no harm." (101) These verses, gentlemen, trained your fathers. Although all women are naturally fond of children, ne made her love tne fatherland more tnan Children, setting forth that, if women dared to do as she did, men must not be surpassed in good-will for tneir country, nor desert it in flight, nor disgrace it before all the Greeks as Leoorates has done. (10S) I wish also to take an example from the poems of Homer. your forefathers thought Homer so excellent a poet that tney enacted a law that his poems alone should oe recited at tne panathenaea every fifth year, in order to show tne Greeks that they preferred tne noolest deeds. »/ith reason, for 62 the laws on account of their brevity do not teaoh but enjoin what must be done, while the poets in imitation of human life select the finest deeds and persuade men by discourse and exposition. (103) Hector said t.uis while cheering on the frf jans in behalf of their country: "Fight steadily at the ships. Whoever of you meets death and doom by dart or blow, let him die. It is not unseemly for him to die in defense of his country. His wife and little children are safe and his patrimony and house are unharmed, if the Achaeans return with their ships to their dear native land." (104) V/hen your ancestors heard these verses, gentlemen, and emulated such deeds, they were so <>.. moved to valor that not only Were they willing to die in behalf of their own country, buL also of all Greece, as though it "were tneir common country. So men arrayed against the barbarians at Marathon defeated the army of all Asia and gained a common security for all the Greeks by their personal perils. They had no pride in their fame, but in a cting worthy of it, and so made tnems elves leaders of tne Greeks and masters of the barbarians, jj'or, not in name did they practice valor, but displayed it to all by their deeds. (105) For this reason those who inhabited tne city at that time were men so earnest in public and in private that god counseled tne Lacedemonians, the most gallant men or former days, in their v/ar with the Messenians, to take a leader from among us and they would conruer their enemies. in If god declared that ours were better leaders than the sons of Heracles, who always are kings of Sparta, must we not think their valor unsurpassable? (106) What Greek does not know that they took Tyrtaeus as general from our city, with waom tney both overcame their enemies and prescribed the train- ing of the young-? Thus tney planned, well not only for tnreatening danger, out for all time. He composed and left them verses which they heard and were disciplined in manliness by them. (107) They made notning of otner poets, but were so strongly im- pressed by this one Chat tney made a law tnat wnenever tney were campaigning in arms everyone should be called to the tent of the king to hear his poems, believing that in this way they would become willing to die for their country. It is worth while also to near tnese verses in order that you may know by what poems the composers became nonored among them, "It is noble for a brave man to fall and die among tne foremost fighters, while warring for nis country. It is most grievous of all things for one wno deserts nis city and fertile lands to wander and beg with nis mother and aged father, his lit ole children and wedded wife, for ne will be hateful to wnomever ne meets by yielding to want and dire poverty. &e disgraces nis family ana shames a splendid form, and all dishonor and misery follow. If there is neither regard for a wandering man nor respect for his family after him, let us fight with zeal for our land. Let us die for our Children, no longer sparing our lives, young men, stand by each 66 ©ther and fight. Begin neither disgraceful flight nor panic, out keep a strong and doughty spirit in your breasts, and do not regard your life while fighting your enemies. Do not flee and leave your fathers whose knees no longer lightly move, those aged men. It truly is sriameful for an older man in the front ranks with white hair and hoary Deard to fall and lie before the young and breathe out his valiant spirit in the dust, his body naked, his vitals in his hands, a shame to the eyes and pro vo King- one's wrath to behold. All things beseem the young wnile the fine flower of lovely youth is theirs, fit for men to see, loved of women while alive, and beautiful when fallen in the front ranks. With firm tread let eacn one stand his ground, feet upon the earth, and biting his lips with his teeth." 67 (108) lloble verses, indeed, gentlemen, and helpful to ohose who care to need them. Those who heard them were so prompted to manliness that they disputed tine leadership with our city. With reason, for tine finest of deeds were done by both. Your ancestors overcame the barbarians wno first set foot on Attic soil, and made their manliness conspicuously superior to wealth, and their bravery to numoers. The Lacedemonians arrayed at Thermopylae met a similar crisis and surpassed all others in valor. (109) For tnat reason one may see inscribed on their tombs a true testimony to all tihe. Greeks. To tine Lacedemonians, "Stir anger, tell the Lacedemonians that we lie here obedient to tneir laws." And to our forefathers, 68 "The Athenians fi ghting in the forefront of the Greeks at Marathon destroyed one power of the golden olad Medes. (110) These verses, Athenians, are pleasant to remember. Tney laud the deeds and preserve an ever-memorable glory of the city. Hot so Leoorates, for he voluntarily disgraced tne long-gathered reputation of the city. So if you put him to death you will seem to all the Greeks to detest that sort of action. Otherwise you will roo your ancestors of their ancient glory and greatly injure your fellow- citizens, for those who do not admire your forefathers •ill try to imitate this man, in ohe conviction that those former deeds were approved by your forefathers, wnile among you snamelessness and treason and cowardice are judged to be most commendable. 69 fill) It I cannot instruct you about dealing with, such persons, thinK now your ancestors exacted punisnment from them, for, as tney knew now to do noble deeds, so also they chose to punish evil ones. See, gentlemen, now they uecame enraged at traitors and regarded tnem as common enemies of the city. (112) Phrynichus was slain at nigxit near tne spring among the wiliows by Apoliodorus and Thrasyuulus. When they v^ere arrested and put in prison by the friends of Phrynious, trie people took note of what happened, led out the prisoners and entered suit after tney nad been tortured, on inquiry the people found that Phrynicus had betrayed tne city, and those who had killed him were unlawfully imprisoned. (113) r fne people voted, on motion of Critias, to try the dead man for treason, and if he appeared to be a 70 traitor in their midst, to dig up his bones and remove them outside Attica in order that even the bones of a man who betrayed his country and the city should not lie in our soil. (114) They decreed also that if anyone should defend the dead man, and ne should be convicted, tnis person snould be held to the same penalty, 'fhey thought it unjust even to aid those who deserted tne rest;, and tnat one who rescued a traitor would likewise betray tne city. By so hating wrong-doers, and uy such de- crees against them, they gained immunity from dangers. Take the decree, cleric, and read it to the jury. DECREE (115) You hear tnis decree, gentlemen. Later they dug- up the bones of the traitor and removed tnem from Attica, put to death nis defenders, Aristarchus 71 and Alexicles, and did not permit them even to be buried in the country. V/hen you have the person alive in your nands who betrayed the city, will you let him go unpunished? (116) Sill you really be so much inferior to your forefatners as to acquit the man as guiltless who deserted the people, not in word, but in fact, v.nen they inflicted one extremest penalties upon those who by word only aided a traitor? Hay, indeed, gentlemen of the jury. it is not traditional with you to vote in a manner unworthy of yourselves, for if a single decree of this kind had ever ueen passed, one might say that the people had done it in anger and not according to facts. But when they exacted the same penalty from all alike, isn't n clear that they naturally waged war upon such conduct? (117) i'hey punished Hipparchus, son of Charmus, with death because he did not stand trial for treason before the people, but defaulted tne suit. And wnen they did not get his person as security for tne Grime, they took down his statue from tne acropolis, melted it, and made a stele, voting to inscribe on it the names of the offenders and traitors. i'ne names of Eipparchus himself and other traitors were placed on it. (116) Clerk:, please take and read, first, the decree according to which the statue was removed fron tne acropolis, then the inscription on the suele, and the names of the traitors afterward added to it. DECREE AND il'SCBIPTIOU Oil 'fHE 3SB9 (119) How do your ancestors appear to you, gentlemen? To think as you do aoout criminals? ,»hen they could not get tne person of one traitor into their power, do they not seem to have taken his memorial away and punished him with what penalty they could, not merely by melting the brazen statue, but in order to leave benind forever an example to their posterity of their feeling toward traitors? (120) Take also the other decree, concerning those wno went to Decelia when the people were be- sieged by the Lacedemonians, in order that the jury may know that your forefathers inflicted similar and fitting penalties upon traitors. Read it, clerk. DECREE (1B1) You near also this decree, gentlemen, that they condemned those v;ho went to Decelia during the war and voted that if any of them v. ere caught returning, any Athenian could lead him before the thesmotnetae wno, on taking him, should hand him over to one executioner an tne barathrum. At that time they punished in tnis way those in the country itself who went away. And will you not put to death the man who fled from tne city and country to Rhodes in time ox war and betrayed trie people? If not, how will you presume to be descendants of those men? (122) It is v.orth while also to listen to the decree concerning the man who died at Salarnis, whom the senate, after putting on garlands, slew with their own hands because ne merely tried to betray the city, and in word only. Noble, indeed, is the decree, gentlemen, and worthy of your ancestors. justly so, for they not only had fine spirits but also fine sentiments about tne punishment of criminals. DECREE (123) What then, gentlemen? Does it seem to you 75 who wish to imitate your forefathers that it is in accord With their practice not to slay leocrates? When they made way with tne man who in word only betrayed the city when it was in ruins, what is be- coming in you to do to the man who, not in word, but in act, deserted an inhabited city? Shouldn't you surpass them in the penalty you inflict? And when tney punished in this way those who attempted to de- prive the people of their safety, what should you do to the betrayer of the safety of the state itself? And when they so punished the guilty to protect its fair name, what should you do for it? (124) *phis is sufficient for you to understand the disposition of your forefathers toward those who acted illegally about the city, you must not fail to hear the words of the stele in the senate-house 76 concerning traitors and tnose who undo the democracy, for it rnakes judgment easy for you if there are many examples to instruct you. After tne Thirty your fatners suffered at tne hands of citizens wnat no Greek ever dreamed of. ./nen "with effort they returned to their own country, they bloated up all the paths of crime, because they had experience and knew the incipient methods and approaches of traitors. (12b) They voted and took oath that, if anyone attempted a tyranny, or betrayed the city, o± overthrew the democracy, tne man who perceived it and slew tne betrayer should be puie. It seemed better to them that those v.ho were charged with a crime should be put to death than that those who were actually experiencing its effects should oe slaves. In snort, taey ii nought that citizens should 77 live so that; no one would ever be suspected of these crimes. Please take and read the decree. DEGREE (126) They inscribed this upon the stele, gentlemen, and placed it in the senate-house to remind those who came together day by day and counseled for the country, of the proper disposition toward such persons. And for this xeason if anyone merely saw them about to do anything like this, they swore to kill him. With reason, for the punish- ment of othei crimes must oe arranged later, out of treason and revolution, Deforehand. J?or, if you let the moment go by in whicn criminals are going to injure the country, it is impossible for you to exact a penalty from them afterward, because they are already become stronger than the vengeance of the persons who 78 are wronged. (137) Therefore, gentlemen, consider their foresight and actions in a worthy manner, and do not forget in your balloting what men your fore- fathers were, but summon yourselves to go from this oourt after voting today .just as they did. You have memorials and examples of the kind of punisnment set forth in tneir decrees about criminals, you have sworn in the decree of Demophantei to slay Lne betrayer of uhe country by word, deed, hand and ballot. Do not suppose that you are to be heirs of the property of your fathers, but not heiis of the oaths and good faith, in giving which your fathers shared with the gods in the common happiness of the city. (128) Hot only your city but the Lacedemonians regarded traitors in this way. Do not become angry at me, gentlemen, if I frequently call tnese men to mind. It is an advantage to get examples of justice from a well-ordered state so that each of you may more certainly cast a just and lawful ballot. They caught Pausanias, their own king, who had betrayed Greece to the Persian, and ahem he had secretly taken refuge in the sanctuary of the brazen house they blocked the door, opened the roof, and surrounded the place with soldiers who did not go away till he was dead. (1-9) They made the punishment a warning to everyone tnat not even tne protection of the gods helps traitors. Jor no sooner (are they guilty) tnan they are impious toward the gods by lobbing them of their traditional privileges. The highest testimony to 80 tne occurrences there is what I am about to say. They enacted a law covering all those v/ho are unwilling to incur danger for the country, ex- pressly stating that they shall die, and fitting the penalty to exactly what they most feared would happen, and making safety from War subject to peril and shame. To show you that I nave not made an improbable statement, but have used truthful illustrations, bring the law for tne jury to hear. LAV OF THE LACEDEMtlJIAWS (150) Consider, gentlemen, that the law was a" suitable and valuable one not only to them but to other men, for a strong fear of one's fellow-citizens will compel a man to undergo perils in the face of the enemy. Who v. ould desert his country in the midst of dangers when he sees a traitor punished with death? 81 Or who will regard his life to the harm of the city when ne knowi that this is tne punishment awaiting him? There should be no other punish- ment fox cowardice tnan death, because men will much sooner c noose to face their enemies tnan laws and their fellow-citizens when they knovi that they must meet one or the other danger. (131) This man might more justly die tnan tnose who fled from the camps, in proportion as they came to the city to fight for it, or to share in misf 01 tunes common to other citizens. But this creature fled from the country to gain personal security, without daring to fight even for his own hearth. He alone of all men betrayed the attachments and bonds of nature, which are of the utmost importance even to insensate beasts. (152) one sees 82 that the birds willingly die for their young although they are born foi flight. For that reason the poets have said, "Hot even a bird of the wild will lay its young in another place if its nest is rnade. M Leocrates so fax outdoes it in cowardice that he left the country to its enemies, (133) Wherefore no city permitted him to stay in it, but expelled him more -than it did murderers. with reason. When men escape trial for homicide by going to another city, they are not received as enemies, out what city would welcome this man? one ..ho did not nelp his country would juicicly undergo some danger for a foreign onei Such men are bad citizens, guests and friends in private life, mbm will share the advantages of a city but will not expect to help it 83 in time of misfortune. (154) As for tne man ^Jho is hated and expelled by those who are wronged, what should he meet at your hands wno have suffered so terribly? Snould ne not meet the extreme penalty? leocxates of all traitors that ever lived might most justly undergo a greater punishment tuan death, if there were one, For other traitors are punished when they are caught as they are about to commit a crime, but this man alone accomplished what he under- took and is tried aftei deserting trie city. (155) I wonder how in tne v.orld those who are going to plead for him expect him to be acquitted? Is it through his friendship with them? But they seem to me to be rightly deserving, not of favor, but of death, because they dare to be familiar with him. Before Leocrates committed this crime it was 84 unknown what sort of persons they were, but now everyone know* that they guard nis friendship because tiieir ways are the same as his. JTor that reason tney might muoh better defend tiiemselves tnan beg him off from your verdict. (156) I think that his dead father, if, indeed, the dead have any perception of what is taking plaet nere, would be the severest judge of all. His bronze statue in tne temple of zeus Savior this man gave up to the enemy to be desecrated and abused. His father set it up as a memorial of his moderation. Leocrates nas made it ignominious. Of such a son is tie called the father! (137) in view of this many nave approached me, gentlemen, inquiring wny I did not add to trie indictment that he had betrayed tne statue of his father in tne 85 temple of zeus Savior, I am not ignorant, gentlemen, tnat this crime deserves the heaviest penalty, but I d id not tninK it necessary while trying this man ior treason to ada tne name of Zeus Savior to the indictment i (136) I am most astonished that you do not in your cai elessness nave a just and fierce wrath against those wno are related to defendants neither by birth nor friendship, yet plead for them for pay. To speak in defense of criminals is proci tnat trie sp eater a would nave participated with him in their misdoings. It is not right tnat sicill should be used against you, but for you, in behalf of tne iavcrates, the defendant, supposes that he should be on an e ual footing in the city when others remained. He took no risks with those who v^ere in tae xanks. He did not protect the city which they saved, but is here to share the aoly sacrifices, market, laws, government, for wnose preservation a thousand of your citizens died at Chaeronia, whom the city gave a public burial, jaen he returned to the city ne found no pleasure in the epitaphs in- scribed on the memorials, Dut shamelessly thinks he may bring tneir misfortunes before the eyes of the 89 sufferers. (145) And ne will soon ask you to listen to iiis defense as the laws prescribe. Do you ask Jiim, "7/nat laws?" Laws which tie went off and left. And bo permit niin to dwell within tne ..alls of the country. "V/nat walls?" Those which he alone of our citizens did not help pro- tect. And he vail call upon tne gods to save him from dangers. "V s nat gods'?" Isn't it those vmuse temples and statues and glebes he betrayed? He will beg and supplicate you to pity him. "Supplicate whom?" is it not those with whom he did not have tne courage to oring tne same support for their safety wnich they did? Let nim supplicate the Rnodians, for he tnought nis safety lay with their city rather tnan with nis own country. (14-4) v/nat age can justly pity nim? The old men? on his part 90 lie did not give them bis support in old age, nor burial in the free soil of the fatherland. Or the younger men? ijfho could remember his com- rades arrayed (at Chaeronia) with nim and snaring the same dangers, and save the betiayer 01 their tombs, and by the same ballot charge those with insanity wno died for freeaorn, and acquit the man who deserted the countiy, and do so on the ground that ae is a well-meaning person? (14b) You will simply give license to anyone who wishes to do so to abuse tne people and yourselves in ewry way, for not only will. the banished return wnen the man lives in our country and city who left and con- demned nimself to exile and dwelt in Liegara five or six years under a patron, but also plainly by his decision c ondeoined Attica to become a sheep-pasture. 91 This man is your fellow-dweller, — in thljS countryl (146) I am ready to leave the platform after speaking to you briefly, and presenting the deoree which the people passed concerning piety. It is important for you who are to cast your ballot. Please read the decree. DECREE I charge you who have authority, to punish the man who did away with- all these things, and that it is your business to punish Leocrates for your own and the gods 1 sake. For crimes while untiied relate "oo the perpeti ators , but when a trial comes on tne responsibility rests upon those who do not properly punish them. Be sure, gentle men , that each of you, though now casting a secret ballot, will make plain to the gods what his attitude is. 92 (147) I oelieve, gentlemen, that today you are casting a single ballot about all great and heinous crimes, for all of whicu one flaky see that Leoorates is responsible; for treason, because he made the city subject to its enemies by deserting it; for the destruction of the democracy, be cause he did not face danger in behalf of freedom; for impiety, because he aided, so far as he co uld, the ruin of tne glebe lands and the destruction of trie temples, and the abuse of parents by ooliterating their monuments and rdtfbing them of the traditional rites; for desertion and shirking service by not offering himself to 6he generals to be placed in the ranks. (148) Tnen Will anyone ac .uit this man and have compassion for his delioerate crimes? is there anyone so stupid as "go save him and give up 95 nis own safety to men who are willing to desert? Or to pity him ana. uo choose to destroy Himself and go unpitied by nis enemies? Or by according favor to one betrayer of the country to b e subject to the vengeance of the gods? (149) in support of the country, its sanctities and its laws, I bring this suit to a close in a proper and just v;ay, without denouncing the rest of his life or making a charge outside the matter in nand. Each of you ought to consider that the man who acquits Leocrates is condemning the country to death and slavery, and b\hat, ox the two urns standing there, one represents treason, tne other safety, and onat the ballots are cast, so Die for the ruin of tne country, some for its safety and happiness. (150) if you ac t uit Leocrates 94 you will vote to betray it, its shrines and its ships. But if you put him to death you will summon yourselves to guard and preserve the country, its revenues and its prosperity. [Therefore, Athenians, deeming that your land and its trees supplicate you, that your harbors and dockyards and the walls of the city implore you, that your temples and shrines expect you to uphold them, make an example of Leocrates, remembering the accusations and seeing to it that pity and tears do not have more in- fluence with you than the punishment due the laws and the people. q sns as x Glossary ACROPOLIS. The hill in the midst of Athens, sacred to Athena, on which were her temple, the Parthenon, and numerous buildings and shrines. AGORA. A meeting place probably just north of the west end of the acropolis. Around it v;ere many puolic ouildings, colonnades and works of art. AREOPAGUS. A hill juss west of tne acropolis believed to be the home of the F&ries. Tne word means 'Hill of Ares'. An ancient court, called the court of the areopagus, heard murder cases and, at this time, was enarged with various administrative duties. AREOPAGITES. Members of the areopagitic court. ARTEMIS BRAURONIA. Artemis is so called because sne was worshipped at a festival every fifth year at a small village called Brauron. ASSEMBLY. A meeting at whicn all Athenians not under some civil disability met to discuss and vote upon such matters as came before them. CM 9 8X1 tf Jt>8. 1 38'lA 58' I 10 tM am ,38loWA 97 BARATHRUM. A cleft into which criminals were thrown. CHORUS. A Dance. Here signifies the choral part of a Greek play which was chanted to timed movements of the body. DEGREE. An action by the assembly upon some special matter. Action upon a genera}, matter was called a law. DEME. Means a district, the people, tne assembly in session, the constitution, as the case may be. (Gf. democracy.) DRACHMA. A coin worth about eighteen cents. ELEUSIUIA. Refers to the celebrations in honor of Demeter and Persephone at which elaborate ceremonies ushered initiates into the Mysteries', as they were called. These initiations were secret and little is known about them although they were performed during several centuries. ELEVEN, THE. A board charged with carrying out the sentences of the courts. The prison board. 98 EPHEBI. Name given to young men on reaching the age of eighteen when, for two years, they did military duty before becoming full citizens. EPONYMI. Title of certain renowned persons of antiquity, mostly legendary, like Heracles, GODDESSES US 1 THE AEROPAGUS, or HOLY GODDESSES. Refers to the juries, see AREOPAGUS. HELIAbT. Name given to the memoers of the jury courts. HEROES. A Greek word with no meaning sucn as it has in English. It refers to ancient characters of renown, many of them legendary, like Heracles or Aegeus. JURY. Six taousand jurymen were cnosen each year. Usually they sat in five hundreds or units of that number. HIPPARUH. A general of cavalry. LAKY. See Deuree. LIl'UR^Y. A special service performed for the 99 state by the wealthier citizens. MARKET, A place slightly nortn west of the acropolis wnere men congregated. Near it were numerous public buildings, colonnades, shrines, statues. MEDIMNUS. A measure equal to about a bushel and a half. MM f plural MKAE). A sum of money equal to about eignteen dollars. MUIIYCHIA. Name of the acropolis of Piraeus, the seaport of Athens* PIRAEUS. The seaport of Athens, four miles away from the city. PANATHENAEA. A celebration at Athens every fifth year in nonor of Athena, consisting of solemn processions, games and other exercises. » PRYTA1JES. Name given to a section of the senate when this section, in its turn, acted as committee to prepare business for the senate or the assembly. • v.Jitt ©oil x&wa 1U i. Jut>' • ^iuUtH) Jo 100 PRYTANEUM. A building (otherwise called TKOLUS) where certain officers were dined and where foreign dignitaries were entertained, its privileges were also given to citizens who had distinguished themselves and, at times, to their descendants in perpetuity. Occasionally foreigners who had done some favor to the state, were likewise entertained at public expense. SENATE. A body of five hundred men elected yearly and constituting an 1 upper house 1 , it had some other duties, but chiefly its function was to prepare business to be presented to tne assembly. STATER. A coin. The Athenian gold stater was worth about three dollars and twenty five cents. The silver stater was worth about sixty cents. STELE (plural STELAE). A slab of marble or metal large enough to permit an inscription upon it. STELAE were set up in the city, or at any appropriate place. SYCOPHANT. This word, in Greek, came to mean a blackmailer. Its Greek form is used several times in the text, it did not mean, as with us, a cringing D 9 J 13 LIB £ 101 person, TALENT. A measure of weight. As a sum of money, it was equal to about twelve hundred dollars, THESMOTHETAE. Name of a committee consisting of the six junior archons who revised the laws, and attended to certain other duties. THIRTY , THE. Title of an oligarchic govern- ment placed in charge of Athens after the democracy was set aside in 404. TRIERARCH. The commander of a trireme, TRIERAROHIC LAYi r . Refers to a law dealing with the support of the navy. The 'three hundred 1 mentioned in this connection refers to the richer citizens who were protesting a change in the law which would tnrow still heavier expense upon them. TRIREME. War vessel having three banks of oars. 10 1 Joe aaw UNIVERSITY OF ILLINOIS URBANA 881L8L.EM C001 LYCURGUS 3 0112 023807891