No More Learning

Arguments in a Case of Accidental Homicide.
(Translated for this work. )
[Two youths were throwing javelins in a school of gymnastics : one was fatally wounded by a throw of the other. The father of the slain pros ecuted the slayer for homicide. It is to be remembered that these speeches were to be spoken by the father. ]
I. THE PLEADING.
Notorious facts, it has been decided under the law and by public decrees, are in the hands of the city executive ; but any case where the facts are disputed is assigned to you, citizen
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gentlemen, to decide. Now I think there is no dispute on this action of mine ; for my son while in the gymnasium, pierced through the side with a dart by this youth, died instantly. I do not charge that he was slain intentionally, but unintention ally ; but the calamity fell on me none the less when uninten tional than if intentional. And nothing weighs on the dead ; all inflictions are on the living. I ask of you who have been stricken by the loss of children, that in pity for my son's pre mature death, you will interdict the slayer from what the law interdicts him from, and not allow the whole city to be contam inated by him.
[The father of the accidental slayer put in the defense that there was no homicide, as the slain youth was the cause of his own death by running toward the target when the dart was thrown, and so getting in its way. He also as matter of equity asked that his son, innocent of intentional wrong, be not visited with unmerited punishment, and his own old age be commiserated. ]
II. REPLY TO THE DEFENSE.
That necessity forces everybody both to speak and act against nature, it seems to me this party makes clear by deed as well as by word. For before the trial he displayed very little impudence or audacity ; but now he is forced by this event to say what I never expected him to. Most foolishly, I did not expect him to contradict my statement, or I should not by making one speech against his two have robbed myself of half my accusation ; and this man would have defended himself by speech for speech, indeed, but not made unan swerable charges. He has done this many times over in his speech, and now begs you against righteousness to accept his defense. But I have committed no offense at all, only suf fered ills and wrongs, and now worse of the same sort in deed and word ; and I too take refuge in your pity, and beg of you, gentlemen, the punishers of unrighteous deeds, the discrimina
tors of righteous ones, not to be persuaded in a plain matter by tricky quibbles in words, but to give truth, in the mouths of those telling it, the victory over falsehood : for we agree that the latter is more plausible than what is truer, but the former will be uttered more guilelessly and less skillfully.
Confiding in justice, then, I scorn this defense ; yet, dis trusting the cruelty of fate, I fear lest not alone I have lost the service of a son, but also that I shall see him condemned
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by you as a suicide. For this man has reached that point of impudence and audacity, where he denies that the thrower and slayer either wounded or slew; he alleges that the one who neither touched the dart nor undertook to throw it, miss ing the whole earth and all the bodies on it, thrust the dart through his own side. Even if I charged that the killing was intentional, it seems to me it would be more plausible than his story, that the other youth neither threw nor slew. For just then, my son, called by his teacher of gymnastics to pick up the darts for the throwers, coming in the way of that hostile dart through the recklessness of the thrower, and committing no error of any kind, perished miserably; the other, though miscalculating the time it took to pick up the darts, was not prevented from hitting the mark — a hapless and bitter mark for me. He did not slay intentionally ; but he had better intentionally have neither thrown nor slain, for unintention ally not less than intentionally he slew my son.
This man denies the slaying altogether, and says he cannot be held under the law, which prohibits all killing whether just or unjust. But some one was the thrower ? Does the homi cide, then, belong to bystanders or teacher ? No one accuses any of them ; for to me the death is not a mystery, but per fectly plain. I say the law rightfully declares that slayers shall be punished ; for not only is it just that the unintentional slayer shall come to unintentional grief, but the unintentionally not less than intentionally slain suffers unjustly if he remains unavenged. For even if the error happens through the god's neglectfulness, yet, being an error, just retribution should fall on the erring ; and if a divine stain rests upon a sacrilegious culprit, it is unrighteous to hinder the divine visitations. But the defense say, too, it is not befitting that those who practice good deeds should be afflicted with ills : then how do we re ceive our deserts if we, no way inferior to them in practice, are punished with death ? But admitting them to be blameless, and the calamity to be accidental and not to be shifted to the blameless, the fact makes for our side. For my son, who sinned against no one in anything, but died at this youth's hands, will fare unjustly if unavenged ; and I, more blameless even than he, shall suffer unrighteously if I do not obtain what the law gives me.
Furthermore, I will make plain that the youth cannot be acquitted of offense nor of unintentional slaying, as they
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allege, but that both these are common to both boys. For if it is correct to say that my boy was his own murderer for running against the throw of the dart and not standing quiet, the other youth is not clear of blame, since my boy died stand ing quiet, and not himself throwing a dart. The death took place between the two : my boy, if erring, punished himself more heavily than according to the measure of his error, by death ; while he who had been his partner and companion in the things which had nothing to do with the error — how is it right that he should escape unpunished ?
Then on the defense of these defenders, that my son was a partner in his own killing, you cannot justly or righteously acquit this youth ; for we who have been ruined by their error should suffer by you, not righteously but unrighteously, if those who have brought death to us are not interdicted from what has been theirs. You will not be acting religiously in absolving the impious. As all the guilt of sacrilege will be fixed upon you by every one, you must exercise great caution in this matter. If you convict him, and interdict him from what the law interdicts him from, you will be clean from such a charge ; but if you acquit him you will stand accountable. Then, regardful of your piety and the laws, you will remove and punish him, and thus not partake in his defilement ; and to us parents, who still living are buried with him, by your judgment you will render the calamity more endurable.
Andocides.
On Making Peace with Lacedcemon (B. C. 390).
(Translated for this work. )
That making an honorable peace is better than war, fellow- citizens, I presume you all realize ; that while your speakers accede to the name of peace, they oppose the means by which peace must come, you certainly do not all perceive. They tell you a peace will be very injurious to the democracy, as the present form of government may be abolished. Now, if the Athenian democracy had never yet made peace with the Lace daemonians, you might reasonably hold such fear, from lack of skill in the business or lack of faith in them ; but when you have often already made peace under a democratic constitution, how unreasonable it is not to look first at what happened then !
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for we must use former events, fellow-citizens, as tokens of those to come.
Here we were, then, at war in Euboea, and held Megara and Pegae and Troezene ; and we wished for peace. Miltiades son of Cimon, ostracized and resident in the Chersonesus, had been received back as consul for the Lacedaemonians ; and we sent him to Lacedaemon, having arranged a truce by herald. And so a thirty-years' peace was made by us with the Lacedaemo nians, and both maintained the peace for thirteen years. You should look at this one first, fellow-citizens. During that peace, how was the Athenian democracy abolished? Nobody can show. What benefits accrued from that peace, I will point out. At that time we first built the Piraeus walls ; then the northern Long Walls ; instead of the old and laid-up war-ships we then had, — those with which we had won sea-fights over the Persian king and the barbarians, — in their place we built a hundred new war-ships ; and then for the first time we estab lished the force of three hundred cavalry and hired the three hundred Scythian archers. These benefits accrued to the city through the peace with the Lacedaemonians, and power over Athens accrued to the democracy.
Subsequently we went to war on account of the iEginetans ; and after enduring many hardships and inflicting many, we again wished for peace, and chose ten aged citizens out of the entire Athenian people, as plenipotentiaries to treat for peace with the Lacedaemonians —one of whom was Andocides my grandfather. These made a thirty-years' peace with the Lace daemonians for you. And at that time too, fellow-citizens, how was the democracy abolished? What then? Did any persons capture the democracy and attempt its abolition ? No one argues that, and the fact is the extreme reverse. For this peace greatly exalted the democracy of Athens, and so strengthened it that during those years, for the first time, hav ing gained peace, we carried a thousand talents [$1,200,000] to
the Acropolis, and by law reserved it specially for public use ; that we built a hundred more ships, and decreed them to be a reserve also ; constructed docks ; established a force of twelve hundred cavalry and as many archers ; and built the southern Long Wall. These benefits accrued to the city from this peace with the Lacedaemonians, and power over Athens accrued to the democracy.
Again making war, on account of the Megarians, the land
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ravaged by invaders, and we stripped of many comforts, we finally made peace, which Nicias the son of Niceratus negotiated for us. I believe you have all seen that through this peace we carried seven thousand coined talents to the Acropolis, and procured more than three hundred war-ships ; that more than twelve hundred talents a year came in for tribute, and we held the Chersonesus and Naxos and more than two-thirds of Euboea — to enumerate the other colonies singly would be tedious. Possessed of all these good things, we again went to war with the Lacedaemonians, incited this time by the Argives.
Now, on this subject, fellow-citizens, remember first of all the counsel I gave you at the beginning of my speech. Other than these, has a peace ever been made where the Athenian democracy has been abolished? It has not been shown, and no one has argued against me, that these things are not the truth. But I have heard some people saying that by our last peace with the Lacedaemonians they set up the Thirty, and many Athenians perished by drinking hemlock and others fled into exile. Those who say this do not make the proper distinc tion ; for a peace and a capitulation often differ from each other. A peace is made on equal terms, each harmonizing with the other the points on which they disagree ; but a capitulation — whichever wins in a war, the stronger enforces it on the weaker by dictation. In this instance the Lacedaemonians, conquering us in war, forced us to pull down our walls and surrender our ships and receive back our refugees. Then, a capitulation was made by force under dictation ; now, you are
consulted as to a peace. Note from the very terms then written by you on the pillar, that under the ones now offered you will make a peace. There it is written to pull down the walls, here in these to build them ; there twelve ships are permitted us, here as many as we wish ; then Lemnos, Imbros, and Scyros were to be held by the possessors, now they are to be ours ; and now it is not compulsory to receive back our refugees, then it was compulsory — by which the democracy was abolished. How do these terms resemble those? This, then, fellow- citizens, is the distinction I make : peace is safety and strength to the democracy, war brings about the abolition of the democ racy. So much on this point.
But some say that we are obliged to make war. We will examine first, then, gentlemen of Athens, what we shall make war about ; for I think everybody will agree on the things we
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ought to make war about, — namely, being injured or assisting the injured. Now both we ourselves were injured, and we assisted the injured Boeotians. But if at present our affairs with the Lacedaemonians are in such shape that we shall no longer be injured, and proclamation is issued to the Boeotians that peace will be made with them if they leave Orchomenus self-governing, on what ground shall we make war? That our city may be free ? that lies with ourselves. But how are we to have walls? that will result from peace itself. Is it that we may build war-ships, and repair and own those we have ? that also lies with ourselves ; for it is agreed that self- governing states may do this. But how shall we recover Lemnos and Scyros and Imbros ? why, it is expressly written that they are to belong to Athens. Well, but the Chersonesus and colonies and foreign possessions and debts — how shall we recover them ? but neither the Persian king nor our allies will grant them to us, and it is with their help we must get those things by war.
But in heaven's name, ought we to keep on making war till we have beaten the Lacedaemonians and their allies ? It does not seem to me that that can be done. And if we should accomplish it, what do we suppose the barbarians will have to bear when we have effected it ? And further, even if we ought to make war for this, and we had resources enough and were strong enough in men, we ought not to make war thus. But if there is nothing through which or with which or for which we are to make war, why is it not in every way our duty to make peace ?
But consider, fellow-citizens, both this, that you are now bringing common peace and freedom to all the Greeks, and that you are giving power to all to share in all. Bear in mind how the greatest of the cities are for ending the war in any way ; the Lacedaemonians first, who when they began to make war on us and our allies ruled both land and sea, but now by this peace have neither. And they surrender them without being conquered by us, but for the freedom of all Greece. For in battle they have won three times : once at Corinth, with all our allies present in a body, leaving no excuse, they alone crushing the whole ; then in Boeotia they carried off the victory in the same way ; thirdly, when they took Lechaeum, though all the Argives and Corinthians, ourselves and the Boeotians, were present. Yet after exhibiting such deeds, they
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are ready to make peace, holding only their own — they who have fought and conquered ; the cities to be self-governing, and themselves holding the sea in common with the weaker. Now what kind of a peace would they have got from you if they had lost one solitary battle ?
But how will the Boeotians make peace ? They went to war on account of Orchomenus, not to allow it to be self-governing ; now with a host of them slain, the land partially devastated, heavy contributions paid both from private and public sources, they impoverished, the war prolonged to the fourth year — now they can make peace by leaving Orchomenus self-governing, and will have suffered all this in vain, for at the outset they could have made peace by leaving the Orchomenians their self-government.
But how is it possible for us, fellow-citizens, to make peace ? What kind of Lacedaemonians have we encountered ? Now if any one of you shall be offended, I ask pardon ; for I shall speak the truth. First, then, when we lost our ships in the Hellespont while we were besieged, what sentence was passed on you by those who are now our allies, but were then those of the Lacedaemonians ? Was it not that our citizen body should be sold into slavery and our country made a desert? Were there not some who prevented these things from taking place? Was it not the Lacedaemonians, diverting the allies from the sentence, and themselves not even attempting to deliberate on such proposals ? Then, swearing oaths to them and having them erect a pillar, we made a capitulation on cer tain terms as the choice of evils at that time. Later, when we had made an alliance drawing the Boeotians and Corinthians away from them, and drawing the Argives into our friendship, we were ourselves to blame for the battle at Corinth. Did not certain ones turn the Persian king hostile to them ? and pre pare Conon's sea-fight by which they lost the control of the sea ? Yet after suffering these things from us, they concede the same as the allies, and will give us walls and ships and islands to be ours. What need have we now to go sending ambassadors for peace ? And should we procure by hostilities aught but the same things which friends will give, and on account of which we are to begin war that the city may have them ? Moreover, the others in making peace will lose their possessions, while we shall win besides what we most desire.
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Lyslas.
Against the Younger Alcibiades for deserting his Battalion. [The speech was written for and made by one Tisias. ]
I AM persuaded, gentlemen, that you can expect no apol ogy from me for undertaking this impeachment of Alcibiades ; for such has been the invariable tenor of his behavior toward the state, that even had he avoided giving private cause for offense to any individual among you, he would still deserve to be regarded, on account of his political character, as the public enemy of his country and of every citizen who loves it. His crimes have not been inconsiderable, — they admit of no exten uation, — they leave no room to hope for his future amendment ; they are such that even his enemies, as men, must blush and be ashamed of them.
For my own part, gentlemen, I will acknowledge that I seek vengeance on him, not for your sakesonly, but for my own. His hatred toward me is deep-rooted ; it descends to him by inheritance from his father, and of late he has put in execution all the malicious purposes of his heart.
In many particulars, I have been anticipated by Archestra- tides, who first moved this accusation. He has read and ex plained the laws, and adduced evidence the most unquestionable; but whatever he may have omitted, it shall be my business to supply. Read therefore the law. (It is read. ) This is the first time since the peace that you have sat in judgment, gentlemen, upon such a trial ; and you ought on this account to regard yourselves not merely as judges, but as legislators, convinced that according to your present decision, and according as you either enforce or invalidate the law now read, the consequences must be important to the future happiness of this state. It is at all times the part of a just judge and of a good citizen to take the laws in that sense which is most for the interest of his coun try ; but his duty is more especially useful at the time when they are first plead. Those who would defend Alcibiades have asserted that he could not be guilty of leaving his rank or of cowardice, because there was really no engagement ; and the law, they pretend, runs, " that if any one leave his rank through cowardice, while his companions are engaged with the enemy, that in that case only he shall be subjected to a trial. " This observation, however, is exceedingly ill founded ; for the
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law comprehends not only those who leave their ranks, but such as, being summoned, have not appeared among the foot soldiers. (It is read. ) You hear then, gentlemen, that the law does not more apply to those who fly from their ranks, than to those who are not present among the infantry. But who should be present ? Not those of the military age ? not those whom the general has summoned ? To me, indeed, Al- cibiades appears to be equally guilty under both heads of the law. He is chargeable with deserting his rank, because, being summoned to appear among the foot soldiers, he did not there make his appearance, but abandoned that post which was as signed him ; and he is manifestly convicted of cowardice, be cause, being ordered to expose himself on the same footing with his fellow-citizens, he alone mounted on horseback, and trusted to the mettle of his steed.
This, however, is his defense : he denies to have injured the state, because he was prepared to fight for it on horseback. But this apology, itself contrary to law, deserves only your indignation, for the law enacts : That whoever ranks with the cavalry, without obtaining the necessary permission, shall be deemed infamous. This, however, he has attempted ; and this very thing he alleges as his excuse. Read also this law. (It is read. ) So abandoned then is his character, that rather than serve as a foot soldier with his fellow-citizens, he has shown his contempt for you, and his fear of your enemies ; and equally despising the laws of this republic, and the sanc tions which confirm them, he has subjected himself to perpet ual infamy, to confiscation of goods, and to every punishment which you may think proper to inflict. Yet the other citi zens, who had never before served on foot, but always among the cavalry, and who, being well acquainted with their duty, had signalized their valor in the execution of it, obeyed you and the laws ; they expected not indemnity by the destruc tion of the republic ; they hoped for its greatness, its glory, and its success. But Alcibiades, having never served on horse back, and even incapable of doing it with honor to himself or advantage to his country, must, though unappointed and dis qualified, rank himself with the cavalry, thus trampling on your laws because he hoped the misfortunes of the state would not permit you to enforce them.
Consider, gentlemen, that if you permit such unbounded licentiousness, there will no longer be any occasion for enact-
VOL. IV. — 10
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ing laws, assembling the citizens, or appointing generals ; for all these formalities have been established in order to restrain it. And surely it would be unaccountable, that while a soldier who quits the first rank for the second incurs the charge of cowardice, he who quits not his rank, but his corps, and flies from the infantry to the horse, should be deemed undeserving of this reproach.
Nor are judges merely appointed for taking punishment on the licentious, but in order, through the terror of their decrees, to keep the rest of the citizens in obedience and submission. If you punish obscure persons only, this advantage cannot be attained ; few will even hear of your decrees, and none will regard them : but if you chastise the most conspicuous offend ers, our citizens will be awed by the example ; the allies too will hear of it ; and our enemies, informed of your severity, will tremble at that state which thinks nothing so criminal as mili tary disorder.
It is not to be omitted, that of the soldiers in that army, a great many were sick, and others in the utmost poverty. The first would doubtless have chosen to return home, in order to get advice ; the second to provide for their subsistence. Yet none of them abandoned their ranks, or preferred the motives of present convenience before the dread of your laws and the imputation of cowardice. Be mindful of this in your decree, and make it evident to the whole world that you still have no feeling for those citizens who, disgracing the name of Athenian, fly from the enemies of their country.
I am persuaded that both the law and the fact have been stated in such a manner, that on neither of these grounds will my adversaries oppose me. But you they will supplicate and entreat not to condemn for cowardice the son of Alcibiades, as if Alcibiades deserved any favor from you whose interest he so shamefully abandoned; for if he had been cut off at the age of his son, and on the first display of his evil genius, the state would have avoided a thousand calamities. It would be most extraordinary, gentlemen, that the son of that father whom you condemned to death should be saved for his father's merit; the son having fled from your enemies, the father hav ing fought in their defense. Such was once your opinion of Alcibiades, that his son, yet a child and innocent, was delivered by you to the criminal judge, merely for his father's guilt ; and now when his own crimes are notorious, will you pity him for
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bis father ? It would be fortunate indeed for such men to be saved on account of their birth, while we, who by their licen tiousness and disorder are reduced to the state of suppliants, meet with no mercy from our enemies. Will they spare us because descended from ancestors the most illustrious and deserving, and by whom all Greece has been far more bene fited than ever those men benefited their country? Yet it might be a merit in them to take compassion on their friends, but it is inconsistent with your honor not to take vengeance on your enemies. If his relations, gentlemen, should inter cede in his behalf, let them not be able to prevail with you ; for they did not intercede with him in behalf of the laws of this country, or interceding, did not persuade him. And if the generals, in order to make an ostentatious display of their own influence, should think proper to use it in his favor, you will suggest to them that, were all like Alcibiades, there would be no occasion for generals, because there would be none to obey them. Demand of them, whether it be their duty to accuse and punish deserters, or to assist them in their defense, and which conduct is most likely to insure obedience to their orders.
The defendants, therefore, must prove either that he served on foot, or that he did not rank himself with the cavalry till he had obtained the necessary permission. In both cases, they may justly plead for his acquittal. But if having noth ing of this kind to pretend, they entreat you to relent and be merciful, remember they give you a counsel to violate the oath which you have sworn, and to trample on the laws of your country. Yet wonderful would it be, should you incline to spare Alcibiades through the merit of his protectors, rather than destroy him for his own wickedness. Being informed of this, you will perceive that it is not a virtuous citizen you punish for a single offense, but that his whole life and behavior deserve the utmost weight of your resentment. And it is but reasonable, gentlemen, that while the accused urge in their defense their father's virtues and their own, the accuser may make mention of their vices, and prove that both the defendant and his ancestors deserve your detestation.
This deserter, while under the years of puberty, and living with the blinkard Archedemus, that robber of his country, was seen in broad day reveling with a courtesan, giving this early testimony of his character, and thinking he should never be
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famous when old, unless in youth he was most profligate. He afterward entered into a conspiracy with Theotimus against his own father, and betrayed to him the fort of Oreos. Theoti mus protected him for some time on account of his beauty; but whether dreading his treachery, or thinking to extort money from his father by way of ransom, he at length put him in irons. His father, however, so much detested him that he declared he would not ransom his bones ; and it was not till a considerable time after the father's death that he was restored to liberty by his lover Archedemus. Not long after, having gambled away all his property, in hastening from the headland of Leuce he drowned his companions.
But it would be tedious to relate all that he has committed against the citizens in general, and even against his kindest friends. Hipponicus was obliged on his account to part from his wife, and to declare before many witnesses that Alci- biades had entered his house as her brother, but had lived in it as her husband. And the man convicted of these crimes, and having perpetrated everything wicked and abominable, shows not, even at present, that he repents of his past life or intends to reform it. Yet above all the citizens it became him to be most modest and regular, that the merit of the son might have atoned for the guilt of the father — that father who advised the Lacedaemonians to fortify Decelia, who alien ated the isles, who was the source and contriver of our disgrace, and who fought as successfully, in conjunction with the enemies of this state, against his native country, as he was unhappy in defending it. For these injuries, gentlemen, your venge ance should be wreaked on his whole race.
It is urged that it would be highly unjust to punish him for the banishment of a father, whom upon his return you honored with presents ; but it would surely be much more unjust to acquit him for the merit of the father, whom you afterward deprived of those presents which you had rashly and undeservedly bestowed on him.
And were there no other reason for condemning him, the following is sufficient. He compares your virtues, gentlemen, to his father's guilt; and by them he attempts to excuse it. Alcibiades, says he, did nothing so extraordinary in bearing arms against his country ; for even you yourselves, when in a state of exile, took possession of Phyle, destroyed the wood, beat down the walls, and instead of heaping disgrace on your
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posterity, have by these exploits acquired glory and renown. Thus he compares your conduct, gentlemen, in returning to expel your enemies, with that of his father who returned by their assistance. And it is known to all Greece that they en tered the city to tyrannize over you, and to procure the empire of the sea to the Lacedaemonians ; whereas you, actuated by
motives, expelled the Lacedaemonians and restored liberty to them. There is no similarity then between your actions and those of his father.
Still, however, he insists ; and when his father's merit can no longer protect him, he triumphs in his crimes : for being the most guilty of the citizens, he must also, says he, have been the most powerful ; nor without the most distinguished abilities could he have done more injuries to the state than all the rest of the citizens. What abilities did it require, but determined villainy, to give information to the enemy where to make a de scent, what posts were unoccupied, what worst defended, where our affairs were most desperate, and which of our allies were ripest for a revolt. All this indeed he performed, hurting us still more by secret treachery than open violence. But, return ing and getting command of the fleet, what did he perform against the enemy ? He was not able to drive them from our coast, he could not even reduce to their duty the Chians whom he had caused to revolt ; and in fine, while fighting for his country he performed nothing worthy of applause. It is not, therefore, in abilities, but in villainy, that he excelled : he could discover your secrets and your weakness to the Lacedae monians, but the Lacedaemonians he was unable to overcome ; and promising to obtain money from the king of Persia, he robbed your treasury of two hundred talents. Nor did he dare to disavow his crimes : though an accomplished orator, abounding in wealth, surrounded with friends, he ventured not to stand his trial before this people, but condemning himself by a voluntary banishment, chose to be an inhabitant of Thrace rather than a citizen of Athens.
opposite
But the last effort of his malice far excelled all that I have hitherto described. By the assistance of Adimantus he betrayed your fleet to Lysander. If you feel any compassion, therefore, for such as perished in the sea engagement ; if you are ashamed at the disgrace of those who were carried into slavery ; if you are seized with indignation at the demolition of your walls, with hatred against the Lacedaemonians, with rage against the
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Thirty Tyrants ; — all these you must ascribe to Alcibiades the father, whose ancestors have been banished by you, and whom the most aged of this assembly deliberately condemned to death. Take vengeance, then, on your hereditary enemy, and let neither pity, nor pardon, nor favor, prevail over the laws which you have established and the oaths which you have re peatedly confirmed. Why should you spare such offenders ? What pretense can excuse them ?
Their public character is obnoxious, and have their private manners been blameless ? Have they not lived with prosti tutes, cohabited with their own sisters, begot children of their daughters, treated our mysteries with contempt, maimed the statues of Hermes, been impious toward all the gods, injuri ous to all the citizens, and behaved with a licentiousness so rash and undistinguishing as even to involve themselves in the common calamity ? From what deed, the most audacious, have they abstained? What have they not perpetrated, in flicted, or suffered? Such was their disposition to hate the very appearance of virtue, and to triumph in their crimes. But will you pardon them, though thus unjust, in hopes of their future reformation, and of the benefit that may thence result to the state ? What benefit can he confer, convicted by the present trial, a coward, and proved a villain by the whole course of his life ? Nor allow fear, gentlemen, to awe you into forgiveness. Banished from his country you have no occasion to dread him ; a coward, a beggar, at variance with his kins men, detested by all the world ! Render him an example then to the state, and to his own profligate companions, licen tious and dissolute as himself, who, having ruined their pri vate fortune by debauchery, now harangue you on public affairs.
Thus have I spoken on the indictment to the best of my abilities ; and while many of you may wonder how I could collect such an aggregate of guilt, he himself will laugh be cause I have not related the thousandth part of his crimes. Reflecting then, not only on what is said, but on what is still omitted, you will assuredly condemn him ; considering that he is guilty of the charge, and that it is for the advantage of the state to be disburdened of such citizens. Read the laws, the oaths, and the indictment, and remembering justice, pass your decree.
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ISOCBATES.
In Defense of the Same.
That my father did not take the span of horses from Tisias by violence, but purchased them from the Argive state, you have now learned by the testimony both of their ambassadors who came hither, and of others who witnessed the transaction. It is thus these informers persecute and harass me, first calling me into court under pretense of some private wrong, and afterward loading me with calumny as an enemy to the public. They even spend more time in traducing the character of my father than in examining the merits of the cause; and in contempt of law and justice, they insist that I should be subjected to punish ment for the injuries which they impute to him. Though such matters have no relation to the present subject, yet as Tisias has insulted me on account of my father's exile, I think it my duty to answer this reproach ; for I should be ashamed to ap pear less concerned for the fame of my father than for my own danger.
To such as are advanced in years, few words will suffice. They can easily recollect that Alcibiades was banished by the same men who afterward subverted the democracy. But for the sake of those who are too young to have any personal knowl edge of such transactions, and who have often heard them misrepresented in this assembly, it is necessary that I should fully explain them.
The cabal of the Four Hundred, the first invaders of our rights, having discovered their views to my father, he con demned and opposed them. As they observed his attachment to the interest of the people, and his ability to promote it, they despaired of producing any revolution while he remained in Athens, and accordingly took measures to remove him. They knew that there were two circumstances which chiefly excited your indignation — committing impiety with regard to the mysteries of Demeter, and proposing to abolish your democ racy. These they laid to the charge of my father, accusing him before the senate of having conspired with a faction against the present constitution, and of having celebrated the mys teries of Demeter in the house of Pulytion, in company with his impious partisans. But though the people were inflamed by the atrocity of these accusations, he justified himself in a
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manner so satisfactory that they were disposed to punish his accusers, and appointed him to sail as general into Sicily. Thither accordingly he repaired, imagining himself fully cleared from every imputation. But no sooner was he gone than his enemies again brought on the affair before the senate, after gaining the orators and bribing false witnesses. It is un necessary to describe the whole course of their iniquity : it ended in recalling my father from his employment, and in the murder or banishment of his friends. When he received in telligence of what had happened, of the success of his enemies, and of the misfortunes of those who had been attached to him, he was struck with the injustice of being condemned, in his absence, for the same crimes of which he had before been honor ably acquitted. But even this could not excite his resentment against the state, or make him court the protection of its enemies : on the contrary, he preserved his affection for his country even during this severe persecution ; and disdaining vengeance, retired quietly to Argos.
The malignity of his enemies, however, still continued to operate. They persuaded you to banish him out of all Greece, to erect a monument denouncing his disgrace, and to send am bassadors to Argos requiring his expulsion from that country. Then indeed, abandoned as he was, everywhere proscribed, and seeing no other means of safety, he took refuge with the Lacedaemonians. This is his only crime, and such are the circumstances which produced it. —
As to the other accusations against him,
Decelia, seduced our allies from their duty, and instructed our enemies in the art of war, while his talents are declared to have been most contemptible, — they are as inconsistent with one another as with common sense. For how, without very un common abilities, could he have brought about such important events ? Supposing him ever so well skilled in the art of war, would the Spartans have received his lessons on a science in which they were capable to instruct all mankind? Did the time admit of it, I could prove that he had no share in many transactions which are falsely ascribed to him, and that in those in which he actually was concerned, he consulted the interest of his country. But it would be hard indeed, if I should now
be subjected to punishment for the banishment of my father, when the state thought proper that he himself should afterward receive a compensation on that account. You, of all men,
that he fortified
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ought to have the greatest compassion for his afflictions ; for when banished by the Thirty Tyrants, you had to struggle with the same calamities. On that occasion, you united in sentiment with my father. Were you not disposed to submit to every inconvenience, and to expose yourselves to every danger, rather than continue in exile ? What outrages did you not commit, in order to return to the city and to inflict punishment on those who had expelled you? To what state did you not sue for assistance ? From what injury did you abstain ? After seizing the Piraeus, did you not destroy the corn in the fields, desolate the territory, set fire to the suburbs, and at last lay siege to Athens ?
All these measures you thought so justifiable, that you ex pressed more indignation against the partners of your banish ment who did not concur in them, than against the original authors of your misfortunes. You ought not, therefore, to find fault with my father's conduct, which is authorized by your own example, nor regard those men as criminal, who during banishment desired to return to their country ; but those who, while they remained in the country, maintained a behavior deserving of banishment. Whether is it reasonable to judge of my father's character as a citizen, by what he did when cut off from the city, or by his conduct before that period ? Consider that with two hundred soldiers, he made the most considerable states of Peloponnesus revolt from the Lacedae monians, and become your allies; that he reduced your ene mies to the utmost extremity, and carried on the war of Sicily with uncommon success. Recollect his services after his return from exile, and the situation of affairs at that period. The democracy was dissolved, the citizens inflamed with sedition, and the army unwilling to obey the orders of those who were in power. The opposite factions had behaved with so much violence, that both were in despair : the one regarded their fellow-citizens, who remained in Athens, as enemies more implacable than the Lacedaemonians ; the other sent for the soldiers in Decelia, because they rather chose to be under the power of the enemy, than to allow their countrymen to have any share in the government. This was the disposition of the citizens with regard to one another. Their enemies, again, had been victorious by sea and land ; their wants were gratified or prevented by the king of Persia : while we had no means to supply an exhausted treasury ; and there were ninety ships
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ISOCRATES.
daily expected from Phoenicia, which had been sent to assist the Lacedaemonians. Amidst these dangers and misfortunes, my father was recalled. He did not affect an importance which the occasion, in some measure, might have justified ; he did not show any resentment for the injuries which he had received, nor adopt measures that might have secured him in future against a similar treatment : on the contrary, he at once discovered his resolution rather to share in the misfor tunes of his country than in the successes of Lacedaemon; for it had never been his ambition to conquer the city, but only to return into it. He had no sooner engaged in your interest, than he dissuaded Tissaphernes from paying the supplies to the Lacedaemonians, and effected a reconciliation with our allies. He likewise paid the troops from his private fortune, reestab lished the government of the people, reconcded the citizens to one another, and removed all danger on the side of Phoenicia. It would require no small time to enumerate the galleys which he took, the battles which he gained, the cities which he carried by storm or compelled to surrender. It is remarkable, that of all the military expeditions in which the state during that time was engaged, none proved unfortunate under the conduct of my father. These facts, however, are too recent to be insisted on ; I pass over others which are no less publicly known.
But some men traduce his private life and manners with an insolence of reproach, which, were he alive, they would not dare to express. They are arrived at such a pitch of absurdity as to imagine that the more they calumniate him, the greater favor they will gain with you and with the rest of the Greeks ; as if all men did not know that it is in the power of the most worthless not only to rail against the most respectable characters, but to point their satire against Heaven itself. It may not, perhaps, be worth while to take notice of their re proaches ; but I am prompted to support the reputation of my father. I shall trace the matter from its source, that you may be sensible of the consideration in which our family has been held, from the earliest periods of the republic.
Alcibiades, then, was descended, by the father's side, of the race of the Eupatridae, whose very name announces the dignity of their extraction; by the mother's side, of the AlcmaeonidaB. This family was distinguished by its opulence, and its attach ment to the popular form of government. Alcmaeon was the first Athenian citizen who conquered in the chariot races at the
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Olympic games. His family, though related to that of Pisistra- tus, and though before the time of his usurpation many of them lived in particular intimacy with the tyrant, disdained to have any share in his government, and chose rather to banish them selves from their native country than behold the slavery of their fellow-citizens. On this account they became so odious to the usurper, that upon the prevalence of his faction, their houses were leveled with the ground and even the tombs of their dead sacrilegiously uncovered. But during the forty years that the usurpation continued, they were always regarded as the leaders of the people. At length Alcibiades and Clisthenes, great-grand fathers to my father, the one in the male, the other in the female line, conducted the people to the city, expelled the tyrants, and established that democracy under which we alone defended all Greece against the barbarians. They rendered the citizens so distinguished for justice, that we voluntarily received from the Greeks the empire of the sea ; and they so nobly adorned the city with everything subservient either to ornament or utility, that those who called it, by way of eminence, the capital of Greece, did not seem to exaggerate. Such then was the heredi tary friendship with the people transmitted to my father from his ancestors ; an inheritance venerable for its antiquity, and founded on the most important services.
He himself was left an orphan ; his father was killed at Coronea, fighting against the enemies of his country. Pericles, however, undertook the care of his education ; Pericles, whom all considered as the most equitable, moderate, and prudent of the citizens. It is surely not a small happiness to have sprung from such ancestors, and to have been educated by such a guardian: but my father disdained to owe his glory to the merit of his connections ; and determined to rival, not to bor row, their renown. First of all, when Phormio led forth one
thousand chosen men against the Thracians, he distinguished himself so much above his companions, that he was crowned by universal consent, and received a complete suit of armor from the general. What praises does not he deserve, who in his youth was conspicuous amidst the bravest of his countrymen, and who, when advanced in years, proved superior in every engagement to the most skillful generals in Greece ?
Soon after, he married my mother, who was given to him as the reward of his merit ; for her father Hipponicus, inferior to none in extraction, was in opulence the first of the Greeks, and
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in character the most respectable. An alliance so honorable and so advantageous was coveted by all, and expected by the most illustrious ; but Hipponicus preferred my father to all the suitors, and chose him for his son-in-law and his friend.
At that time, the Olympic games were the chief theater of glory. There the candidates for fame displayed their wealth, their activity, and their accomplishments. The conquerors not only rendered themselves famous, but reflected splendor on the state to which they belonged. Alcibiades, observing this, considered that the management of public affairs at home ad vanced the character of the private citizens in the opinion of his country ; but that the glory acquired at Olympus raised the reputation of the republic in the opinion of all Greece. Upon this reflection, though inferior to none in bodily strength and address, he despised the gymnastic exercises, as belonging to men of mean extraction and narrow fortune, or to the mem bers of inconsiderable states ; and applying himself to the man agement of horses, which none but the most affluent could undertake, he excelled all his competitors. He had more char iots than the greatest states. His horses so far excelled all that entered the lists, that they came in the first, the second, and the third. His sacrifices and other expenses in the festi val were more magnificent than those of whole nations ; and he ended the entertainment by eclipsing the glory of all former conquerors, and by leaving nothing greater for posterity to perform. His largesses to the people, upon being elected into public offices, and his magnificence in conducting the shows within the city, it is unnecessary to mention. All others have thought it sufficient honor to be ranked, in these respects, as second to Alcibiades ; and the praises bestowed on such as are distinguished for them in our days reflect a double luster on him.
As to what regards the commonwealth (for this is by no means to be omitted since he never neglected it), he behaved with such public spirit that while others excited seditions from views of profit or ambition, he exposed his life for the safety of his country. It was not in being rejected by the oligarchy, but in being called to share in it, that he showed his attachment to the people. He might have shared in the government of the few ; he might even have enjoyed more authority than any in dividual of their number ; but he chose to suffer injuries from his fellow-citizens rather than to betray them. Of this it
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would have been impossible to have convinced you before the late revolutions in our government ; but the commotions which we have now experienced discover the true character of the citizens, and enable us to distinguish the partisans of oligarchy from the friends of the constitution, and the peaceable subjects of both from those who are indifferent as to all forms of gov ernment provided they have a share in the administration. In the course of these seditions he was twice expelled by your en emies. In the first instance, his banishment opened the way to your servitude ; and in the second, it was the immediate con sequence of your misfortunes — so intimately were your for tunes connected, so much did you share in his advantages, and so sensibly did he feel your adversity.
There were some who thought unfavorably of his public character, not judging by his actions, but because they supposed that supreme power was naturally coveted by all men, and that he was most capable to obtain it. This however, is his greatest praise, that while he possessed the means of enslaving his fellow-citizens, he chose to live on an equality with them. The variety of instances in which he demonstrated his principles, makes me at a loss which of them to select: those omitted always appear more considerable than such as I relate. One thing is evident, that those are naturally most attached to any government who are the greatest gainers by its continuance, and who have the most to lose by its subversion. But who was happier than he during the democracy ? Who was more admired and respected ? Upon the dissolution of that form of government, who was deprived of greater hopes, of a more ample fortune, or of higher reputation and glory? Under the last usurpation, the Thirty contented themselves with ban ishing other citizens from Athens, but him they proscribed from all Greece. Did not Lysander and the Lacedfemonians consider the death of my father, and the dissolution of your democracy, as things so inseparably connected that they la bored equally for both ? It was to no purpose, they knew, to make you agree to the demolition of your walls, while they left alive the man who could rebuild them.
The misfortunes, therefore, to which he was exposed, no less than the victories which he obtained, show his good will to the people. He desired the same government with you, he had the same friends, the same enemies, and he shared alike in your good and bad fortune. He was ever involved in dangers, some
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times with you, sometimes for you, but always in your behalf. In every respect, surely, he behaved differently from Charicles, who desired to be subject to the enemy and to tyrannize over his fellow-citizens ; and who, though he remained inactive during his banishment, had no sooner returned than he became a misfortune to his country. And you, the friend and kins man of such a traitor, you, who sat in a senate with tyrants, are now become audacious enough to traduce the citizens ! Have you no remembrance of the amnesty, by virtue of which you are at present an inhabitant of Athens? Are you not sensible, that, were the public to exact an account of what is past, you would now be exposed to greater dangers than I am? But the state, faithful to its oaths, will not only refuse to punish me for the pretended injuries of my father, but will pardon you for the crimes of which you are actually guilty. You have not the same defense with him : it was not in banish ment but while in office, it was not by necessity but from choice, it was not to avenge injuries but by being yourself the author of them, that you brought ruin on your country. Were this to be remembered, what defense could you plead, what excuse could you make ?
But, perhaps, on some future occasion, gentlemen, when he himself is in danger, I shall speak at more length of the injuries he has committed. I now entreat you not to abandon me to my enemies, nor to involve me in calamities too hard to be borne. Already have I had my full measure of distress. In my early infancy I was left an orphan by the death of my mother and the banishment of my father. Before I had at tained four years of age, I was in danger of being cruelly mur dered. When a boy I was expelled from the city under the Thirty Tyrants. After the citizens who seized the Piraeus were recalled, the rest were indemnified for the loss of their property. I alone, on account of the power and virulence of my enemies, received no redress. Having suffered so many misfortunes, and been twice deprived of all my possessions, I am now defendant in an action for five talents. This cause, though merely pecuniary, may drive me from my country. The same accusations have not similar effects against persons in different circumstances. The rich lose their fortunes, but those who are poor as I am lose their honor and reputation ; a loss greater than banishment itself, as it is more disagreeable to be despised by our fellow-citizens than to be obliged to live among strangers.
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I now, therefore, crave your assistance ; I entreat that you will not suffer me to be insulted by my enemies, to be despised by my country, and to become remarkable above all men for my misfortunes. There is no occasion for many words; facts speak for themselves. It should be sufficient to move your compassion, to see me involved in an unjust accusation, endangered in whatever is most precious to me, suffering what is unworthy both of myself and of my fore fathers, deprived of the most splendid fortune, and obnoxious to all the vicissitudes of life. Though these considerations be extremely grievous, yet there are others still more afflicting : that I should be punished at the instance of a man from whom I am entitled to demand justice ; that I should be dishonored on account of my father's victory at Olympus, which to every other son would have been the source of triumph and glory ; that Tisias, who had no merit with the state, should have a powerful influence both in the oligarchy and democracy, while I, who injured neither, should be persecuted by both ; and that you, who agree in no other respect with the Thirty, should unite with them against me, and regard the partner of your misfortune as the object of your resentment.
I8M. VS.
On the Estate of Cleonymus. (Translated by Sir William Jones. )
Polyarchus left three sons, Cleonymus, Dinias, and the father of those for whom Isaeus composed the following speech. The third son dying, his children were committed to the guardianship of Dinias. These young men were heirs to Cleonymus by the laws of Athens, and their grandfather had appointed them successors to their uncle if he should die childless. Cleonymus had, however, a power to dispose of his property : and in a fit of anger toward his brother Dinias, for some real or imagined wrong, had made a will in favor of two remoter kinsmen, Diocles and Posidippus, which, accord ing to the custom of the Athenians, he had deposited with one of the magistrates; but after the death of Dinias he took his nephews under his care, and determined to cancel the will by which they were disinherited. With this intent he sent for the magistrate who kept the testament, but died unexpectedly before an actual revoca tion of it. His nephews then entered upon his estate as heirs at
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law; and the other claimants produced the will which, as Isaeus contends in the person of his clients, was virtually revoked by Cleonymus.
Great has been the change which our fortunes have under gone by the decease of Cleonymus, who when he was alive intended to leave us his estate, but has exposed us by his death to the danger of losing it : and with so modest a reserve, judges, were we bred under his care, that not even as hearers had we at any time entered a court of justice, but now we come hither to defend our whole property ; for our adversaries dispute our right, not only to the possessions of the deceased, but also to our paternal inheritance, of which they boldly assert that he was a creditor. Their own friends, indeed, and relations think it just that we should have an equal share even of those effects which Cleonymus confessedly left them : but our opponents themselves have advanced to such a height of impudence, that they seek to deprive us even of our patrimony ; not ignorant, judges, of what is right and equitable, but conceiving us to be wholly defenseless against their attacks.
Consider, then, on what grounds the parties respectively rest their claims. These men rely on a will which our uncle, who imputed no blame to us, made in resentment against one of our relations, but virtually canceled before his death, having sent Posidippus to the magistrate for the purpose of solemnly revoking it : but we who were his nearest kinsmen, and most intimately connected with him, derive a clear title both from the laws, which have established our right of succession, and from Cleonymus himself, whose intention was founded on the friendship subsisting between us ; not to urge that his father and our grandfather, Polyarchus, had appointed us to succeed him if he should die without children. Such and so just being our claim, these associates, who are nearly related to us, and who have no color of justice on their side, are not ashamed of contesting our title to an estate about which it would be dis graceful for mere strangers to contend. Nor do we seem, judges, in this cause to have the same dispositions toward each other; for I do not consider it as the greatest of my present misfortunes to be unjustly disturbed with litigation, but to be attacked by those whom it would be improper even to repel with any degree of violence ; nor should I think it a lighter calamity to injure my relations in my own defense than to be
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injured myself by their unprovoked assault : but they, judges, have different sentiments, and appear against us with a formid able array of friends whom they have summoned and advocates whom they have retained, leaving behind them no part of their forces, as if they were going to inflict vengeance on open enemies, and not to wrong those whom they were bound by every natural and social tie to assist. Their shameless audacity and sordid avarice will be more clearly perceived by you when you have heard the whole case, which I shall begin to relate from that part whence you will soonest and most easily learn the state of our controversy.
Dinias, our father's brother, was our guardian, he being our elder uncle, and we orphans ; at which time, judges, a violent enmity subsisted between him and Cleonymus. Whether of the two had been the cause of the dissension, it is not, perhaps, my business to determine ; but so far, at least, I may pro nounce them both deservedly culpable, that having till then been friends, and no just pretext arising for a breach of their friendship, they so hastily became enemies on account of some idle words. Now, Cleonymus himself when he recovered from that illness, in which he made his will, declared that he wrote it in anger : not blaming us, but fearing lest at his death he should leave us under age, and lest Dinias our guardian should have the management of our estate ; for he could not support the pain of thinking that his property would be possessed dur ing our infancy, and that sacred rites would be performed at his sepulchre by one whom of all his relations he most hated while he lived. With these sentiments (whether laudable or not, I leave undecided) he made a disposition of his fortune ; and when Dinias, immediately after, asked him publicly whether we or our father had incurred his displeasure, he answered in the presence of many citizens that he charged us with no fault whatever, but made the will in resentment against him, and not from any other motive. How indeed, judges, could he have determined, if he preserved his senses, to injure us who had given him no cause of complaint ?
But his subsequent conduct will afford the strongest proof that by this he had no intention of wronging us ; for when Dinias was dead, and our affairs were in a distressed condition, he was so far from neglecting us, or suffering us to want neces saries, that he bred us in his own house, whither he himself had conducted us, and saved our patrimony from unjust creditors
VOL. IV. — 11
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who sought insidiously to deprive us of it ; nor were our con.