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THE LOEB CLASSICAL LIBRARY FOUNDED BY JAMES LOEB, LL.D. EDITED BY 7+ T. E. PAGE, σ.5., Lirt.p. | + E. CAPPS, pu.p., Lup. + W. H. D. ROUSE, trrr.p. | L. A. POST, u.n.p. E. H. WARMINGTON, m.a., F.R.HIST.SOC.

MINOR ATTIC ORATORS II

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MINOR ATTIC ORATORS

IN *rivo’ VOLUMES i

LYCURGUS! |) \DINARCHUS DEMADES HYPERIDES

WITH AN ENGLISH TRANSLATION BY J. O. BURTT, M.A.

FORMERLY POSTMASTER OF MERTON COLLEGE, OXFORD

LONDON WILLIAM HEINEMANN LTD

CAMBRIDGE, MASSACHUSETTS HARVARD. UNIVERSITY PRESS MCMLXII

First printed 1954 Reprinted 1965.

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CONTENTS OF VOLUME ΤΙ

. PAGE PREFACE Ἧ Ξ ὲ ; Ὰ i . ix INTRODUCTION : ζ 5 2 ᾿ : χὶ LYCURGUS—

Lire or Lycureus . ‘ are 5 2 Against LeocraTtes— Introduction ; 5 ‘ ς ‘ 9 Analysis . . . . . . 11 Text and Translation . : : ee Ὡς FRAGMENTs— Introduction 1 ὲ ᾿ “ οὐ 136 , Text and Translation , eft Tas «τ 188 DINARCHUS— Lire or Dinarcuus . ᾿ nS - 5 161 I. Acarnst DemostTHENES— Introduction 4 . 2 ‘ = 165 Analysis . WTOOY το, xiG 4! gz ~ Text and Translation x ‘sf 1 πὶ 179

MINOR ATTIC ORATORS, II

PAGE II. Acarnst ARIsTOGITON— Introduction ὲ : : ‘ - 261 Analysis - } ς : . . 263 Text and Translation . 4 4 ς 264 III. Acarnst Putroctes— Introduction ‘ = ὁ r - 287 Analysis : ς : ς . . 289 Text and Translation . ‘ P . 290 FRAGMENTS— Introduction 3 : : ‘ . 908 Text and Translation . ; Ἁ . 810 DEMADES— Lire or DemaDEs - 2 ὅ : - $29

On THE TwetveE YEARS— Introduction . = : Ξ : . 884 Analysis : ‘ : ᾿ ‘ - $35 Text and Translation . : - - 886

HY PERIDES— Lire or Hyperipes . Ξ ss ᾿ - 868 Nore ΟΝ THE TEXT . - A 4 Se Se

I. In Derence or LycopHron—

Introduction . ; ‘ τ Υ . 870 vi

CONTENTS Analysis ; 3 “ 4

Text and Tinstaiea ἢ j J

APPENDIX: Seconp SpeecH IN DEFENCE OF

LycorpHron— Introduction . “ G ‘

Text and Translation é j t

Il. Acarnst Puttippipes—

Introduction . ᾿ ἕ Ξ ᾿ F Analysis : : ° : . Text and Traislation “ 5 .

III. Against ATHENOGENES—

Introduction . Ἷ i ἐ ᾿ ὰ ~ Analysis ‘ » κ ᾿ Text and (eA υεθα ᾿ . ; ἃ

IV. In Derence or Ευχενιρρῦ9---

Introduction : 5 ᾿ ‘ Analysis 2 ᾿ Phong Text and Translation 5 é 5

V. Acainst DemostHENEs— Introduction . ᾷ j 3 t Analysis - ; : ° . Text and Pelton

498

MINOR ATTIC ORATORS, II

VI. Funerat Speeco— Introduction . Analysis Text and Translation

FRAGMENTs— Introduction .

Text and Translation

INpEx oF Proper Names

Inpex or SELECTED Greek Worps ror VoLuMEs I anp II

viii

615

PREFACE

In preparing the second volume of the Minor Attic Orators I have tried to follow as closely as possible the general method of presentation adopted in volume I. The Greek text can best be considered under two heads. (1) The text of Lycurgus, Dinarchus, and Demades is based, for the speeches, on that of Bekker (1823) and, for the fragments, on that of Baiter and Sauppe (1845-1850) ; while the excerpts of Demades, which were not discovered until later, are taken from an article by H. Haupt in Hermes, vol. xiii. Various changes have been introduced in the light of more recent criticism ; and in making this revision I have relied chiefly, for Lycurgus, on the critical notes of F. Blass, F. Durrbach, and A. Petrie, for Dinarchus, on those of F. Blass and T. Thalheim, and, for Demades, on those of F. Blass. The resulting text will be found to be rather more conservative than that of the Teubner editions. Though the accom- panying notes are necessarily brief, my aim has been to include in them all the important variations in the manuscript tradition and to account for all departures from it. I hope that in cases where my choice of reading may seem questionable the notes will throw sufficient light on the passage to enable the reader to judge it for himself. (2) The text of Hyperides has been taken with scarcely any change from C. Jensen’s

ix

MINOR ATTIC ORATORS, II

edition, in accordance with the kind permission given, before the last war, by the proprietors of the Bibliotheca Teubneriana. In preparing the textual notes on this I have relied on Jensen’s very full apparatus criticus together with that of F. G. Kenyon in the Oxford, and G. Colin in the Budé, edition. The possibilities of conjectural restoration are here so great that the text adopted will perhaps please no one. Nevertheless, I hope that, set out as it is, the reader will not find it misleading, and that here too the notes will help him to form his own conclusions. Detailed acknowledgements to the various scholars whose writings I have consulted are out of the ques- tion here ; a list is given, in the introduction, of the chief works of reference for the study of these four orators, and to all of these, as well.as to some others, I am in varying degrees indebted. In conclusion I must express my thanks to the late Dr. W. H. D. Rouse for encouragement and helpful criticism.

J. O. Burrr April 1953

INTRODUCTION

Tue four orators who figure in this volume all lived and worked at Athens in the fourth century B.c. The youngest of them, Dinarchus, who survived into the third, was not an Athenian citizen and therefore took no part himself in public life ; but the remaining three, like their contemporary Demosthenes, stood in the forefront of Athenian polities during the city’s struggle with Macedon and often met as adversaries or allies in the law courts or the Assembly. Demades left no written work behind him and the speech which has come down to us as his is from the hand of a later writer. But in the first century s.c. 179 speeches ascribed to the other three orators were still extant, of which 127 were considered genuine. From this body of writing the contents of the present volume are all that remains.

Sources oF THE TEXT

LYCURGUS AND DINARCHUS.—The sources for Lycurgus, Against Leocrates, and for the three speeches of Dinarchus are two mss., both of which appear to be derived from a common archetype now lost. (1) The chief of these is a thirteenth-century ms., Codex Crippsianus, Brit. Mus. Burneianus 95 (A). This was bought in Greece by J. M. Cripps

xi

MINOR ATTIC ORATORS, II

about 1803, was later sold to J. Burney, and is now in the British Museum. It contains, of the orators, Andocides, Isaeus, Dinarchus, Antiphon, and Lycur- gus. The scribe who wrote the ms. later revised his work and made a number of corrections (A corr.) in which he generally recorded the reading of the archetype, although he seems occasionally to have relied on his own intelligence. Besides these original corrections, there are others in a different hand which are evidently the conjectures of a later critic (A corr.*) ; and there are also places in the text where an unknown corrector has erased one or more letters (A corr. ras.). In spite of these alterations, the text of A still contains many obvious errors, and there are certain passages which are seriously corrupt. From A are derived, directly or indirectly, five other ss., B, L, M, P, Z, to which more attention was paid by scholars before their dependence on A was proved. The first edition of these authors, that of Aldus (1513), though based on L, contains some variant readings of unknown origin (Ald.). (2) The second source for the text is a ms. of the thirteenth or fourteenth century, Codex Oxoniensis Bodleianus misc. 208 (N). This contains Dinarchus, Antiphon, and part of Lycurgus, 1.6. sects. 1-34. 6 (προδοσίας) and sections 98. 5 (τὸν Ποσειδῶνος) to 147. 5 (ἐγκατα[λιπών). Like A, N has been corrected, though less often, by the original scribe (N corr.) and contains a number of later conjectures (N corr.?).

DEMADES.—tThe text of the “Ὑπὲρ τῆς Awdexaerias is derived from two sources, (1) The main portion of the speech, 2.6. sections 1-17, is preserved in a twelfth-century ms., Codex Palatinus Heidelber- gensis 88 (X), which is the chief source for the text

xii

Ts

INTRODUCTION

of Lysias. It was written at Nicaea and, after various wanderings, came to Heidelberg in 1815. The six later mss.,C, E, I, M, N, T, which were used by Bek- ker for his edition, are all derived from X. (2) Fifty- seven short extracts of this speech were found in a Palatine ms. by H. Haupt and published by him in 1878. Only the first nine of these belong to sections 1-17, and the text of all (e) is independent οἔΧ.

HYPERIDES.—Apart from the brief fragments of the second speech for Lycophron, which came to light in 1905, the extant orations of Hyperides were discovered in Egypt at intervals during the last century. They are contained in four papyri of which the first three referred to here are well written and the fourth inferior. (I) Pap. Ardenianus (A), which was written probably in the first or second century A.D. and contains speeches V, I, and IV, was. dis- covered in two parts, both of which are now in the British Museum (B.M. 108 & 115). (a) The first of these contains V and the beginning of I. It was found torn in pieces and the surviving fragments were only gradually. recovered direct from Egypt or from collections of papyri in Europe. Thus, thirty- two were bought at Thebes in 1847 by Harris, six found later by Babington, and thirteen more brought to Paris by Chasles and published by Egger. A single fragment containing the three titles was dis- covered in London by Blass and published in 1875, six others were brought from Egypt by Tancock and a further four found by Raphael and given to the British Museum. From these fragments the present text of the Demosthenes and the first part of the Lycophron has been restored by the labours’ of

xiii

MINOR ATTIC ORATORS, II

different scholars. (b) The second part, which con- tains the end of I and the whole of IV, is in good condition. It was acquired in 1848 by Arden and first edited in 1853. (2) Pap. Londiniensis (L), which contains II and, in a different hand, the third epistle of Demosthenes, probably dates from the first century B.c. The discoverer of it is not known, but it was acquired by the British Museum and _ first published by Kenyon in 1891 (B.M. 184). The roll is badly mutilated. (3) Pap. Parisinus (P) dates from the second century sB.c. and contains speech III. Bought in Egypt by Revillout it was first edited by him in 1892 and is now in the Louvre (9331). The beginning and part of the bottom of the roll are damaged. (4) Pap. Stobartianus (S), dating from the second century a.p. and containing VI and an astro- logical work, was brought from Egypt in 1856 by Stobart in fifteen pieces which were successfully restored by Babington. The papyrus, which is mutilated at the end, is now in the British Museum (B.M. 98).

SeLtecr BisLioGRAPHY

All four orators are discussed briefly by R. C. Jebb, The Attic Orators, vol. 2 (1876), by J. F. Dobson, The Greek Orators (1929), and more fully by F. Blass, Attische Beredsamkeit, vol. iii. 2 (1808). For detailed study the older editions of the Attic orators, which include Lycurgus, Dinarchus and Demades but not Hyperides, are still useful, particularly : 1. Bekker (1823), W. S. Dobson (1828), and J. G. Baiter and H. Sauppe (1845-1850). Lycureus. F. Blass, Teubner edition (1899), F. Durrbach, Budé edition

Xiv

eee ee

INTRODUCTION

(1932), both containing text and apparatus criticus of the Leocrates and Fragments and the latter a French transalation; A. Petrie, Leocrates, text and notes (1922). Drnarcuus anp Demapes. F. Blass, Teubner edition (1888) containing text and apparatus criticus of the speeches but not including the frag- ments of Dinarchus. Hyperipes. F. G. Kenyon, Oxford text (1906), C. Jensen, Teubner edition (1917), G. Colin, Budé edition (1946), all containing text and apparatus criticus of the extant works, except that the Budé edition omits the minor fragments though providing a French translation of the speeches. Of the many publications dealing with separate speeches the following may be mentioned as having proved of special value in the preparation of this edition : C. Babington, Demosthenes (1850), Lycophron and Euxenippus (1853), Funeral Speech (1859), all con- taining text, facsimiles of papyri and English com- mentary ; F. G. Kenyon, Philippides and Athenogenes (1893) with text and English notes and translation ; E. Revillout : “ Mémoire sur le discours d’Hypéride contre Athénogéne” (in Revue Egyptologique, vol. vi., 1892) ; Ὁ. Comparetti, Euaenippus (1861), Funeral Speech (1864), text and Italian commentary; H. Hess, Textkritische und erklaerende Beitraege zum Epitaphios des Hypereides (1938). Owing to the frag- mentary state in which the speeches have survived some variation will naturally be found in the texts adopted in these editions.

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LIFE OF LYCURGUS:?

Lycureus was born at Athens in the early years of the fourth century B.c. and died there, probably in 324, when he was in the late sixties. He did not come into full prominence as a statesman until near the end of his life, when for twelve years he controlled Athenian finances and dominated the politics of the city. He was a man of conservative outlook and strong convictions, deeply sensible of the traditions of his city and anxious to do his utmost to restore her to the position which she had once held. For this task no leader of the time was better fitted. Scrupu- lously honest and wholeheartedly devoted to the state, Lycurgus practised in his personal life the stern self- denial which he expected from his fellow citizens. His long period of office was spent in an attempt to rid Athens of corruption and fit her for success in her struggle against Macedon.

* Sources for the Life of Lycurgus. The chief source for the life of Lycurgus is the Pseudo-Plutarch’s a hy of him in the Lives of the Ten Orators. This seems to be eed from the work of Caecilius of Calacte (first century .B.c.), who perhaps drew on the earliest life of Lycurgus, that written by Philiscus just after the orator’s death. Fragments of inscriptions survive relating to his work (CJA ii. 162, 168, 173, 176, 180, 180b) and the honours paid to him after death (C/A ii. 240). Suidas gives a short note on him (s.v. * Lycurgus ἢ which includes a list of his speeches then extant.

2

LIFE OF LYCURGUS

The details which we possess of his family and early upbringing go far towards explaining the views which he held. He came of a noble clan, the Eteobutadae, in which the priesthood of Apollo Erechtheus and other religious offices were hereditary, and it is probable that he was himself a priest of Apollo, since his son Hagnonides later held this office. The Eiteobutadae had produced men of note in the past, among them the Lycurgus who opposed Pisistratus. Of the orator’s father Lycophron nothing is known but his name ; but his great grandfather Lycomedes had been buried publicly in the Ceramicus and so had his grandfather Lycurgus who was killed by the Thirty.

In his youth Lycurgus studied under both Plato and Isoerates. The former of these no doubt helped to foster his admiration for the disciplined life of Sparta, while to the latter he owed much of his technique as an orator. No evidence exists to show that he took part in public life until he was over fifty. Whether or not in 343 he accompanied Demosthenes on embassies to various Greek cities with a view to forming a league against Philip is not certain; but we are bound to presume some previous activity to explain his rise to eminence in 338 when he succeeded Eubulus as controller of finances. The exact title attaching to this post is not known, but the term of office was four years and Lycurgus remained in power for three such periods, from 338 to 326, during the second of which one of his friends nominally held the appointment, since the law did not allow it to fall to the same man for two consecutive periods. There was a moment of danger in 335, when Alexander, after capturing Thebes, demanded that Lycurgus

3

LYCURGUS

should be surrendered as an anti-Macedonian with Demosthenes and eight others. But the demand was withdrawn on the intercession of Demades, and soon after the young king set out for the East.

Athens was now left unmolested. The different parties had attained a measure of agreement. Phocion and Demades, friends of Macedon, were entrusted with foreign policy and Lycurgus with finance. He seems soon to have had his sphere of control ex- tended ; for his biographer says that he was elected to supervise preparations for war, and certainly much of his policy was directed to that end. Not only did he improve the walls of the city by replacing brick with stone and digging a ditch round them but he built up a large supply of arms on the Acropolis and increased the fleet to four hundred vessels, finishing the docks and naval arsenal which Eubulus had begun. Under his direction the method of appointing generals was altered, thus enabling them to be chosen from the whole people irrespective of the tribe to which they belonged, and the Ephebate, a youth organization lately formed, was reorganized to serve the needs of the army, so that in it the young men of Athens could devote their nineteenth and twentieth years to military training.

But Lycurgus took a broader view of war-prepara- tion than these measures would suggest: material improvement must be supported by a strengthening of moral fibre ; the city must be purged of treason and the favour of Heaven assured. Lysicles, general at Chaeronea, was convicted and executed and other trials followed, including that of Leocrates. As a prosecutor Lycurgus proved such a determined patriot that he rarely failed to secure a conviction,

4

LIFE OF LYCURGUS

and his laws against. malefactors were said to be drafted with .a pen dipped in death. Greater en- couragement was given to religious cults. In the time of Pericles there had been ten gold figures of Victory on the Acropolis, of which eight were used to meet the expenses of the Peloponnesian war. Only one of these had yet been replaced and Lycurgus now supplied the remaining seven. He also furnished numerous ornaments for processions and laid down various regulations to govern the conduct of sacrifices and the cults of different gods. The extensive build- ing programme, whose military side we have already noticed, included several religious items. A portico was erected at Eleusis, the stadium begun by Philon was completed and the theatre of Dionysus rebuilt in stone instead of wood. As an admirer of Attic drama Lycurgus had an official copy made. of the plays of Aeschylus, Sophocles and Euripides to safe- guard them against the interpolations of actors. There seems little doubt that the Athenians appreciated the man who was doing so much to glorify their city, and who, during his time of office, had raised the average annual revenue from six hundred to twelve hundred talents. Hard and out- spoken though he was they felt him to be sincere ; and the sight of a noble going about the city summer and winter in the same austere dress helped to strengthen their confidence. Though his enemies often prosecuted him they never had their way, and he was many times crowned and granted statues by the people. He died, probably in 324, and was then accused by his successor Menesaechmus of leaving a deficit in the treasury. But even this last attack was thwarted; for although the sons of Lycurgus

5

LYCURGUS

were imprisoned for their father’s offence they were soon released, largely through the efforts of Hyperides and the exiled Demosthenes.

We have only one speech on which to assess the merits of Lycurgus as an orator. With ancient critics,¢ who had a better opportunity to judge him, he did not rank very high, and Hermogenes put him second to last among the ten orators. He had how- ever one characteristic which called forth the admira- tion of Dionysius, who thought him rather harsh on the whole, namely the power to impress his hearers with the seriousness of a particular crime, a quality which comes out well in the speech against Leocrates.

@ Brief criticisms of Lycurgus as an orator are given by Hermogenes, περὶ ἰδεῶν B p. 418 Sp. (389 W), Dionysius of Halicarnassus, ᾿Αρχαίων κρίσις v. 3 and Dio Chrysostom xviii. 11.

SPEECH AGAINST LEOCRATES

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INTRODUCTION

Tue speech against Leocrates was delivered in the year 330 α and, like those against Lysicles and Auto- lycus, was connected with the battle of Chaeronea. Leocrates was an Athenian citizen, evidently of moderate means, since he was a blacksmith? by trade and employed a number of slaves in his forge. In 338, on hearing the news that Philip of Macedon had defeated the Athenians at Chaeronea, he took fright and collecting as many of his belongings as he could embarked by night with his mistress on a boat bound for Rhodes. On his arrival there he spread a report that Athens had been partly captured, which caused a minor panic until it was proved false, and later moved to Megara, where he lived for five or six years as a resident alien trading in corn. Meanwhile he sold his property in Athens to his brother-in-law Amyntas, whom he asked to pay his debts and send him his household gods. Apparently he intended to settle permanently in Megara. Then, for a reason which we do not know, he suddenly returned to Athens. If he thought that after eight years his flight was no longer regarded as serious he was

@ Very shortly before Demosthenes’ speech on the Crown (ef. Aeschin. iii. 252),

b 8 58. © §§ 17 sq.

'§ 22.

LYCURGUS

mistaken ; for, impeached by Lycurgus for treason, he escaped conviction by only one vote.*

It is doubtful whether Leocrates had infringed any definite regulation in leaving the city. Lycurgus does indeed describe certain emergency measures passed after the battle and say that he had disre- garded them.’ But Autolycus, an Areopagite, had been sentenced to death for breaking one of them ὁ ; and if Leocrates had been in the city when they were passed, and come within their scope, Lycurgus would surely have emphasized the point far more than he does. Probably Leocrates left too soon to be affected by the new provisions, and his prosecutor simply hoped on general grounds to persuade the jury that cowardice of this type amounted to treason. His attitude is therefore more impersonal than that of most Athenian accusers. Instead of a bitter attack on the private life of the defendant we are given what has been described as a sermon on patriotism. It is a sermon with obvious faults: the argument is sometimes unconvincing ; the legendary and _his- torical anecdotes, as well as the long passages of poetry, are seldom strictly relevant ; and many may feel that Lycurgus is regarding in too serious a light a crime committed eight years previously, a view which some of the jury probably shared. But the speech is undoubtedly forceful and bears the stamp. of sincerity on it, commanding attention still because it reflects so clearly the convictions of the man who wrote it.

@ Aeschin. iii. 252. » 88 16 and 17. ® § 53 and Frag. 9.

10

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§§ 16-27.

ἐᾷ. 28-35.

88. 36-54.

88 55-74.

ANALYSIS

Prayer to the gods to make Lycurgus a worthy prosecutor. He is assuming an unpopular réle but is acting im- partially.

Leocrates has committed an unprece- dented crime and must receive his deserts. Let the jury follow the example of the Areopagus ; all Greece will hear their verdict.

Story of the crime: Leocrates’ flight to Rhodes, evidence; his arrival in Megara and disposal of property left in Athens; evidence ; the removal of his household gods; his illegal traffic in corn.

When challenged Leocrates refused to submit his slaves as witnesses, thereby plainly confessing his guilt.

His flight took place during a grave crisis when every citizen was rallying to the defence of Athens. Praise of those who fell at Chaeronea: as they are honoured so Leocrates should be punished. Autolycus was punished for a milder offence.

Arguments which Leocrates may use and

11

LYCURGUS

the refutation of them: (1) that he sailed as a merchant, but the facts dis- prove this and he had no right to be sailing then; (2) that he was respon- sible for no department of the city’s affairs, but it was the whole city which he betrayed; (3) that the action of one man could not have decided the city’s fate, but it is the quality of the act which the jury should consider ; (4) that to leave the city is not treason, since the Athenians left it before Salamis, but their conduct cannot be compared to his. δὲ 75-130... An appeal to the past.

δὲ 75-82. Traditional Athenian reverence for oaths: Ephebate oath, which Leo- crates has either broken or evaded : oath taken before Plataea.

§§ 83-101. Patriotism of Codrus. Providence has brought. Leocrates here for punish- ment as ἰδ brought Callistratus. Story of filial piety: The Place of the Pious. Sacrifice of Cephisus’ daughter; quotation from Euripides’ Erechtheus.

§$ 102-109. Quotation from Homer ἢ influence of his spirit on the heroes of Marathon. Tyrtaeus an inspiration to Sparta. Verses of Tyrtaeus; their influence on the heroes of Thermopylae.

δὲ 110-127. Examples of Athenian seyerity : punish- ment, οἵ Phrynichus, Hipparchus, those who fled to, Decelea, the man

12

AGAINST LEOCRATES

stoned in Salamis ; decree of Demo- phantus.

§§ 128-130. Examples of Spartan severity : punish- ment of Pausanias ; law relating to cowards.

§§ 131-148. Leocrates has less feeling than a brute, and his advocates are no better. His father, whose memory he has dis- graced, would have condemned him. The public services of his supporters cannot count. in his favour... He has betrayed the women and children of Athens and the laws. He is guilty of every crime and the jury owe it to

_their country to condemn him.

§§ 149-150. Lycurgus has done his duty as a pro- secutor ; it remains for the jury to do theirs and bring in a verdict of guilty.

13

[147] ΚΑΤᾺ ΛΕΩΚΡΑΤΟΥ͂Σ

ΥΠΟΘΈΕΣΙΣ

Μετὰ πὰ ἐν Χαιρωνείᾳ δεινὰ ψήφισμα ποιεῖ ὁ τῶν ᾿Αθηναίω δῆμος, ὥστε μήτε τινὰ ἔξω γενέσθαι τῆς πόλεως, μήτε μὴν ἐκθέ- σθαι παῖδας καὶ γυναῖκας. Λεωκράτης οὖν τις ἐξελθὼν τῆς πόλεως, καὶ ἀφικόμενος ἐν Ῥόδῳ καὶ πάλιν ἐν Meydpots, ἦλθεν ἐν ᾿Αθήναις" καὶ παρρησιαζομένου αὐτοῦ κατηγορίαν ποιεῖται ὁ Λυκοῦργος αὐτοῦ ὡς προδότου. ἡ to στάσις ὅρος ἀντονομάζων' ὁμολογεῖ γὰρ καὶ ὁ Λεωκρά ς ἀπολιπεῖν τὴν πόλιν ,οὐ μέντοι προδιδόναι. ἄλλοι στοχασμὸν ἀπὸ γνώμης, ὡς τοῦ μὲν ἐξελθεῖν ὁμολογουμένου, ἀμφιβαλλομένης δὲ τῆς προαιρέσεως, ποίᾳ “γνώμῃ ἐξῆλθεν, εἴτ᾽ ἐπὶ προδοσίᾳ εἴτ᾽ ἐπὶ ἐμπορίᾳ. οι ἀντίστασιν" λέγει γὰρ οὐκ ἐπὶ προδοσίᾳ τῆς πόλεως ἐξελθεῖν, ἀλλ᾽ ἐπὶ ἐμπορίᾳ. ἔοικε δὲ ἡ τοῦ λόγου ὑπόθεσις τῇ τοῦ κατὰ Αὐτολύκου.

Δικαίαν, ὦ ᾿Αθηναῖοι, καὶ εὐσεβῆ καὶ ὑπὲρ ὑμῶν καὶ ὑπὲρ τῶν θεῶν τὴν ἀρχὴν τῆς κατη- γορίας Λεωκράτους τοῦ κρινομένου ποιήσομαι. εὔχομαι γὰρ τῇ ᾿Αθηνᾷ καὶ τοῖς ἄλλοις θεοῖς καὶ τοῖς ἥρωσι τοῖς κατὰ τὴν πόλιν καὶ τὴν χώραν ἱδρυμένοις, εἰ μὲν εἰσήγγελκα “Λεωκράτη δικαίως καὶ κρίνω τὸν" προδόντ᾽ αὐτῶν᾽ καὶ τοὺς νεὼς καὶ τὰ ἕδη καὶ τὰ τεμένη καὶ τὰς ἐν τοῖς νόμοις

[148] τιμὰς Kal’ θυσίας τὰς ὑπὸ τῶν ὑμετέρων προγόνων 2 παραδεδομένας, ἐ ἐμὲ μὲν ἄξιον ἐν τῇ͵ τήμερον ἡμέρᾳ τῶν Λεωκράτους ἀδικημάτων κατήγορον ποιῆσαι, 1 σὸν om. Ald. 2 αὐτῶν Bekker: αὐτὸν A: αὑτὸν N. 3 τιμὰς καὶ add. N. 14

AGAINST LEOCRATES

ARGUMENT

Arter the disaster of Chaeronea the Athenian people passed a decree forbidding persons to leave the city or to remove their wives or children. Now a certain Leocrates left the city and, after going to Rhodes and later Megara, returned to Athens, He made no secret of his.story and so was accused of treason by Lycurgus. ‘The case must be classified as an instance of contradictory definition, since Leocrates admits that he left the city but denies that he betrayed it. Others class it as an instance of conjecture as to intention, since it is admitted that the accused left the city, while his purpose in leaving it is doubtful: did he wish to be a traitor or only to trade? Others think it an instance of counterplea, since he claims that he left the city not with treasonable intentions but for commerce. The subject matter resembles that of the speech against Autolycus.

Justice towards you, Athenians, and reverence for the gods, shall mark the opening of my speech against Leocrates, now here on trial; so may Athena and those other gods and heroes whose statues are erected in our city and the country round receive this prayer. If I have done justly to prosecute Leocrates, if he whom I now bring to trial has been a traitor to their temples, shrines and precincts, a traitor to the honours which your laws ordain and the sacrificial rituals which your ancestors have handed down, may they make me on this day, in the interest of the city and its people, a worthy accuser of his crimes ; and

15

LYCURGUS

ὃ καὶ τῷ δήμῳ Kal TH πόλει συμφέρει, ὑμᾶς δ᾽ ὡς ὑπὲρ πατέρων καὶ παίδων καὶ γυναικῶν καὶ πατρίδος καὶ ἱερῶν βουλευομένους, καὶ ἔχοντας ὑπὸ τῇ ψήφῳ τὸν προδότην ἁπάντων τούτων, ἀπαραιτήτους δικαστὰς; καὶ νῦν καὶ εἰς τὸν λοιπὸι' χρόνον γενέσθαι τοῖς τὰ τοιαῦτα καὶ τηλικαῦτο. παρανομοῦσιν" εἰ δὲ μήτε τὸν προδόντα τὴν πατρίδο. μήτε τὸν ἐγκαταλιπόντα τὴν πόλιν καὶ τὰ ἱερὰ εἰς τουτονὶ τὸν ἀγῶνα καθίστημι, σωθῆναι αὐτὸν ἐκ τοῦ κινδύνου καὶ ὑπὸ τῶν θεῶν καὶ ὑφ᾽ ὑμῶν τῶν δικαστῶν. ᾿Εβουλόμην δ᾽ ἄν, ὦ ἄνδρες, ὥσπερ ὠφέλιμόν ἐστι τῇ πόλει εἶναι τοὺς κρίνοντας ἐν ταύτῃ τοὺς παρανομοῦντας, οὕτω καὶ φιλάνθρωπον αὐτὸ παρὰ τοῖς πολλοῖς ὑπειλῆφθαι: νῦν δὲ περιέστηκεν εἰς τοῦτο, ὥστε τὸν ἰδίᾳ κινδυνεύοντα καὶ ὑπὲρ τῶν κοινῶν ἀπεχθανόμενον οὐ" φιλόπολιν ἀλλὰ φιλο- πράγμονα δοκεῖν εἶναι, οὐ δικαίως οὐδὲ cvpde- ρόντως τῇ πόλει. τρία γάρ ἐστι τὰ μέγιστα ἃ διαφυλάττει καὶ διασῴζει τὴν δημοκρατίαν καὶ THY 4 τῆς πόλεως εὐδαιμονίαν, πρῶτον μὲν ἡ τῶν νόμων τάξις, δεύτερον δ᾽ ἡ τῶν δικαστῶν ψῆφος, τρίτον δ᾽ ἡ τούτοις τἀδικήματα παραδιδοῦσα" κρίσις. ὁ μὲν γὰρ νόμος πέφυκε προλέγειν ἃ μὴ δεῖ πράτ- τειν, ὁ δὲ κατήγορος μηνύειν τοὺς ἐνόχους τοῖς ἐκ τῶν νόμων ἐπιτιμίοις καθεστῶτας, ὁ δὲ δικαστὴς κολάζειν τοὺς ὑπ᾽" ἀμφοτέρων τούτων ἀποδει- χθέντας αὐτῷ, ὥστ᾽ ovf ὃ νόμος οὔθ᾽ ἡ τῶν δικαστῶν ψῆφος ἄνευ τοῦ παραδώσοντος αὐτοῖς ὅ τοὺς ἀδικοῦντας ἰσχύει. ἐγὼ δ᾽, ὦ ᾿Αθηναῖοι, εἰδὼς Λεωκράτην φυγόντα μὲν τοὺς ὑπὲρ τῆς

ὡς:

16

AGAINST LEOCRATES, 2-5

may you, who in:your deliberation now are defending your fathers, wives and children, your country and your temples, who hold at the mercy of your vote one who -has, betrayed all these, things, be inexorable judges, now and in future, towards all who break the laws on such a scale as this. But if the man whom I am now bringing to trial neither betrayed his country nor forsook his city and its temples, I pray that he may be saved from danger by the gods and you, the members of the j jury.

Gentlemen, it isa privilege for the city to have within it those who prosecute transgressors of the law, and I could wish to find among the*public’ an appro- priate sense of gratitude. In fact the opposite is true; andanyone who takes the personal risk of unpopu- larity for our common good is actually regarded as an interferer rather than a patriot, which makes neither for justice nor the state’s advantage... For the things which in the main uphold our democracy and preserve the city’s prosperity are three in number ; first the system of law, second the vote of the jury, and third the method of prosecution by which the crimes are _ handed over to them. The law exists.to lay down what must not be done, the accuser to report those liable to penalties under the law, and the juryman to punish all whom these two agencies’ have brought to his attention. And thus both law and jury’s vote are powerléss without ‘an’ accuser who ‘will hand © transgressors» over’ to them. I» myself, Athenians, κῆσπ that Leocrates avoided the rere to which

“ἃ Post Sjeouitins ‘codd. pa). παρέχοντας συγγνώμην: nchabent del. Taylor. . ag oA: μὴ N.

3. παραδιδοῦσα Bekker : ταραδοῦσα cod.

4 ὑπ᾽ in marg. Ald. :, ἐπ᾽ codd.

VOL. II B 17

LYCURGUS

πατρίδος κινδύνους, ἐγκαταλιπόντα δὲ τοὺς αὑτοῦ πολίτας, προδεδωκότα δὲ πᾶσαν τὴν ὑμετέραν δύναμιν, ἅπασι δὲ τοῖς γεγραμμένοις ἔνοχον ὄντα, ταύτην τὴν εἰσαγγελίαν ἐποιησάμην, οὔτε δι᾿ ἔχθραν οὐδεμίαν οὔτε διὰ φιλονικίαν οὐδ᾽ ἡντινοῦν τοῦτον τὸν ἀγῶνα προελόμενος, ἀλλ᾽ αἰσχρὸν εἶναι νομίσας τοῦτον περιορᾶν εἰς τὴν ἀγορὰν ἐμβάλ- λοντα καὶ τῶν κοινῶν ἱερῶν μετέχοντα, τῆς τε πατρίδος ὄνειδος καὶ πάντων ὑμῶν γεγενημένον.

6 πολίτου γάρ ἐστι δικαίου μὴ διὰ τὰς ἰδίας ἔχθρας εἰς τὰς κοινὰς. κρίσεις καθιστάναι" τοὺς τὴν πόλιν μηδὲν ἀδικοῦντας, ἀλλὰ τοὺς εἰς τὴν πατρίδα τι παρανομοῦντας ἰδίους ἐχθροὺς εἶναι νομίζειν, καὶ τὰ κοινὰ τῶν ἀδικημάτων. κοινὰς καὶ τὰς προ- φάσεις ἔ ἔχειν τῆς πρὸς αὐτοὺς διαφορᾶς.

7 ἽΛπαντας μὲν οὖν χρὴ νομίζειν μεγάλους εἶναι τοὺς δημοσίους" ἀγῶνας, μάλιστα δὲ τοῦτον ὑπὲρ οὗ νῦν μέλλετε τὴν ψῆφον φέρειν. ὅταν μὲν γὰρ τὰς τῶν παρανόμων γραφὰς δικάζητε, τοῦτο μόνον ἐπανορθοῦτε καὶ ταύτην τὴν πρᾶξιν κωλύετε, καθ᾽ ὅσον ἂν τὸ ψήφισμα μέλλῃ βλάπτειν τὴν πόλιν" ὁ δὲ νῦν ἐνεστηκὼς ἀγὼν οὐ μικρόν τι μέρος συνέχει τῶν τῆς πόλεως οὐδ᾽ ἐπ᾽ ὀλίγον χρόνον, ἀλλ᾽ ὑπὲρ ὅλης τῆς πατρίδος καὶ κατὰ παντὸς τοῦ αἰῶνος “ἀείμνηστον καταλείψει τοῖς ἐπιγιγνομένοις"

8 τὴν κρίσιν. οὕτω γάρ ἐστι δεινὸν τὸ γεγενημένον ἀδίκημα καὶ τηλικοῦτον ἔχει τὸ μέγεθος, ὥστε

μήτε κατηγορίαν [μήτε τιμωρίαν" ἐνδέχεσθαι εὑρεῖν ἀξίαν μήτ᾽ ἐν τοῖς νόμοις ὡρίσθαι τιμωρίαν

[ἀξίαν" τῶν ἁμαρτημάτων. τί γὰρ χρὴ παθεῖν

1 καθιστάναι Stephanus: καθεστάναι codd. 2 δημοσίους Taylor: δημΐους codd.

18

AGAINST LEOCRATES, 5-8

his country called him and deserted his fellow citizens. I knew that he had utterly disregarded your authority and was chargeable with all the articles of the in- dictment. Therefore I instituted these proceedings. It was not out of hatred in the least nor with the slightest wish to be contentious that I undertook this trial; but I thought it monstrous to allow this man to push into the market place and share the public sacrifices, when he had been a disgrace to his country and to you all. A just citizen will not let private enmity induce him to start a public prosecution against one who does the state no harm. On the contrary, it is those who break his country’s laws whom he will look on as his personal enemies ; crimes which affect the public will, in his eyes, offer public ounds for enmity towards the criminals. ;

All public trials should therefore rank as important, but particularly this present one, in which you are about to cast your vote. For when you give a verdict (ἢ a charge of illegal proposals you merely rectify ne single error, and in preventing the intended measure your scope depends. upon the extent to which the decree in question will harm the city, But the present case is not concerned with some trifling constitutional issue, nor yet with a moment of time ; our city’s whole life is at stake, and this trial will leave a verdict to posterity to be remembered for all time. So dangerous is the wrong which has been done and so far-reaching that no indictment ade- quate could be devised, nor have the laws defined a punishment for the crimes. What punishment would

3 καταλείψει τοῖς ἐπιγιγνομένοις A : τοῖς ἐπιγιγνομένοις κατα- λείψειν N. 4 “μήτε τιμωρίαν secl. Sauppe. εὐ 5 ἀξίαν secl. Blass.

19

LYCURGUS

τὸν ἐκλιπόντα μὲν τὴν πατρίδα, μὴ βοηθήσαντα δὲ τοῖς πατρῴοις ἱεροῖς, ἐγκαταλιπόντα δὲ τὰς Τῶν προγόνων θήκας, ἅπασαν δὲ τὴν χώραν' ὑποχείριον τοῖς πολεμίοις παραδόντα; τὸ μὲν γὰρ μέγιστον καὶ ἔσχατον. τῶν «τιμημάτων, θάνατος, ἀναγκαῖον μὲν ἐκ τῶν νόμων ἐπιτίμιον, ἔλαττον 9 δὲ τῶν Λεωκράτους ἀδικημᾶτων καθέστηκε. πᾶρεῖ- σθαι δὲ τὴν ὑπὲρ τῶν τοιούτων τιμωρίαν συμβέ- βηκεν, ὦ ἄνδρες, οὐ διὰ ῥᾳθυμίαν τῶν τότε vopo- θετούντων, ἀλλὰ διὰ τὸ μήτ᾽" ἐν "τοῖς πρότερον χρόνοις γεγενῆσθαι τοιοῦτον μηδὲν μήτ᾽ ἐν. τοῖς μέλλουσιν ᾿ ἐπίδοξον εἶναι. γενήσεσθαι ὃ διὸ καὶ [149] μάλιστ᾽, ὦ ἄνδρες, δεῖ ὑμᾶς γενέσθαι μὴ μόνον τοῦ νῦν ἀδικήματος δικαστάς, ἀλλὰ καὶ νομοθέτας. ὅσα μὲν γὰρ τῶν ἀδικημάτων νόμος τις διώρικε, ῥάδιον τούτῳ κανόνι χρωμένους. κολάζειν τοὺς παρανομοῦντας" ὅσα δὲ μὴ σφόδρα περιείληφεν, ἑνὶ ὀνόματι προσαγορεύσας, μείζω . δὲ “τούτων “τις ἠδίκηκεν, ἅπασι δ᾽ ὁμοίως ἔνοχός ἐστιν, ἀναγκαῖον τὴν ὑμέτέραν “κρίσιν καταλείπεσθαι παράδειγμα 10 τοῖς ἐπιγιγνομένοις. εὖ δ᾽ ἴστε, ὦ ἄνδρες, ὅτι οὐ μόνον τοῦτον νῦν κολάσετε κατεψηφισμένοι, ἀλλὰ Kal τοὺς. νεωτέρους ἅπαντας ἐπ᾽ ἀρετὴν προ: τρέψετε."" δύο yap ἐστι τὰ παιδεύοντα τοὺς νέους, ἢ Te τῶν ἀδικούντων τιμωρία, Kal’ ἢ τοῖς ἀνδράσι τοῖς ἀγαθοῖς διδομένη δωρεά" πρὸς ἑκάτερον δὲ τούτων ἀποβλέποντες τὴν μὲν διὰ τὸν φόβον φεύγουσι, τῆς δὲ διὰ τὴν δόξαν ἐπιθυμοῦσι. διὸ 1 χώραν Ν : πόλιν A. 2 μήτ᾽ Bekker : μὴ codd. 20

AGAINST LEOCRATES, 8-10

suit a man who left his country and refused to guard the temples of his fathers, who abandoned the graves of his ancestors. and surrendered the whole. country into the hands of the enemy ?. The greatest and final penalty, death, though the maximum punishment allowed by law, is too small for the crimes of Leo- crates. ‘The reason why the penalty for such offences, gentlemen, has never' been recorded is not that the legislators of the past were neglectful; it is that such things had not happened hitherto and were not expected to happen in the future. It is therefore most essential that you should be not merely judges of this present case but lawmakers besides. For where a crime has been defined by some law, it is easy, with that as a standard, to punish the offender. But where different offences are not specifically included in the law, being covered by a single designa- tion, and where a man has committed crimes worse than these and is equally chargeable with them all, your verdict must be left.as a precedent, for your successors. I assure you, gentlemen, that if you condemn this man you will do more than merely punish him; you will be giving all younger men an incentive to right conduct. For there are two in- fluences at work in the education of the young: the punishments suffered by wrongdoers and the reward available to. the virtuous. With these alternatives before their eyes they are deterred by fear from the one and attracted by desire for honour to the other,

3 γενήσεσθαι Valckenaer : γεγενῆσθαι codd., qui-addunt ὥστε (ὡς A) μήτε κατηγορίαν μήτε τιμωρίαν ἐνδέχεσθαι ἀξίαν, quae verba del. Taylor, coll. $8.

4 => 927

a ε , ἑνὶ ὀνόματι) ἕν ὁ νόμος τι Blass.

δ΄ προτρέψετε Stephanus: προτρέψητε codd. 21

LYCURGUS

δεῖ, ὦ ἄνδρες, προσέχειν τούτῳ τῷ ἀγῶνι καὶ μηδὲν περὶ πλείονος ποιήσασθαι τοῦ δικαίου. 11 Ποιήσομαι δὲ κἀγὼ τὴν κατηγορίαν δικαίαν, » , > / » > ” “- , οὔτε ψευδόμενος οὐδέν, οὔτ᾽ ἔξω τοῦ πράγματος λέγων. οἱ μὲν γὰρ πλεῖστοι τῶν εἰς ὑμᾶς εἰσιόντων πάντων ἀτοπώτατον ποιοῦσιν: ἢ γὰρ συμβου- λεύουσιν ἐνταῦθα περὶ τῶν κοινῶν πραγμάτων ἢ κατηγοροῦσι καὶ διαβάλλουσι πάντα μᾶλλον ἢ περὶ οὗ μέλλετε τὴν ψῆφον φέρειν. ἔστι δ᾽ οὐδέ- 4 / ΜΩ» ce 4A φΦ A τερον τούτων χαλεπόν, οὔθ᾽ ὑπὲρ dv μὴ Bov- , 1 , > , wy? εκ - λεύεσθε' γνώμην ἀποφήνασθαι, οὔθ᾽ ὑπὲρ ὧν 12 μηδεὶς ἀπολογήσεται κατηγορίαν εὑρεῖν. IAN’ οὐ δίκαιον ὑμᾶς μὲν ἀξιοῦν δικαίαν τὴν ψῆφον φέρειν, αὐτοὺς δὲ μὴ δικαίαν τὴν κατηγορίαν ποιεῖσθαι. τούτων δ᾽ αἴτιοι ὑμεῖς ἐστε, ὦ ἄνδρες: τὴν γὰρ > / 4 / - > LANE] > “ ἐξουσίαν ταύτην δεδώκατε τοῖς ἐνθάδ᾽ εἰσιοῦσι, ‘ ~ / » ~ « / 4, καὶ ταῦτα κάλλιστον ἔχοντες τῶν Ἑλλήνων παρά- δειγμὰ τὸ ἐν ᾿Αρείῳ πάγῳ συνέδριον, ὃ τοσοῦτον ,ὔ ων ΜΝ , σ A > διαφέρει τῶν ἄλλων δικαστηρίων ὥστε Kal παρ αὐτοῖς ὁμολογεῖσθαι τοῖς ἁλισκομένοις δικαίαν 13 ποιεῖσθαι τὴν κρίσιν. πρὸς ὃ δεῖ καὶ ὑμᾶς ἀπο- βλέποντας μὴ ἐπιτρέπειν τοῖς ἔξω τοῦ πράγματος λέγουσιν: οὕτω γὰρ ἔσται τοῖς τε κρινομένοις ἄνευ διαβολῆς 6 ἀγών, καὶ τοῖς διώκουσιν ἥκιστα συκο- φαντεῖν, καὶ ὑμῖν εὐορκοτάτην (τὴν)" ψῆφον ἐνεγκεῖν. ἀδύνατον γάρ ἐστι [ἄνευ τοῦ λόγου] ¥ ὃ δεδιὸ ὃ θέσθ τοὺς μὴ δικαίως δεδιδαγμένους δικαίαν θέσθαι i τα 14 net δ᾽, ὦ dvdpes, μηδὲ ταῦτα λαθεῖν ὑμᾶς, ὅτι οὐχ ὅμοιός ἐστιν ὃ ἀγὼν περὶ τούτου καὶ τῶν — 22

AGAINST LEOCRATES, 10-14

You must therefore give your minds to the trial on hand and let your first consideration be justice.

In my speech also justice shall come first; on no occasion will I have recourse to falsehoods or irre- levance. Most of the speakers who come before you behave in the strangest possible manner, either giving you advice from the platform on public affairs or wasting their charges and calumnies on any subject except the one on which you are going to vote. Either course is easy, whether they choose to express an opinion on questions about which you are not de- liberating or else to invent a charge to which no one is going to reply. But it is wrong that they should ask for justice from you when you give your vote and yet be unjust themselves in handling the prosecution. And yet the blame for this is yours, gentlemen ; for you have granted this freedom to speakers appearing before you, although you have, in the council of the Areopagus, the finest model in Greece : a court so superior to others that even the men convicted in it admit that its judgements are just. Let it be your pattern, and, like it, do not give way to speakers who digress from the point. If you take this advice, defendants will receive an unbiased hearing, accusers will be least able to give false information, and you will best be able to make the verdict in keeping with your oath. For those who have not been rightly informed cannot give their verdict rightly.

A further point for you to notice, gentlemen, is this: the trial of Leocrates is not comparable with that of

1 βουλεύεσθε in marg. Ald. : βούλεσθε codd.

2 τὴν add. Bekker.

3 τοὺς addidi (ἄνευ τοῦ λόγου ut a aa secluso) monente L. A. Post: post τοῦ add. τοιούτου Nicolai: alii alia. 23

ὧι

16

LYCURGUS

ἄλλων ἰδιωτῶν. περὶ μὲν yap ἀγνῶτος ἀνθρώπου τοῖς “EAAnow ἐν ὑμῖν αὐτοῖς ἐδοκέῦτ᾽ ἂν ἢ καλῶς ἢ καὶ φαύλως ἐψηφίσθαι: περὶ δὲ τούτου ὅ τὶ ἂν βουλεύσησθε, παρὰ πᾶσι τοῖς Ἕλλησιν ἔσται λόγος, οἵ ἴσασι τὰ τῶν προγόνων τῶν ὑμετέρων ἔργα ἐναντιώτατα τοῖς τούτῳ διαπεπραγμένοις ὄντα. ἐπιφανὴς γάρ" ἐστι διὰ τὸν ἔκπλουν τὸν εἰς “Ῥόδον καὶ τὴν ἀπαγγελίαν" ἣν ἐποιήσατο, καθ᾽ ὑμῶν πρός τε τὴν πόλιν τὴν τῶν “Ῥοδίων, καὶ τῶν ἐμπόρων. τοῖς ἐπιδημοῦσιν ἐκεῖ, οἱ πᾶσαν τὴν οἰκουμένην. περιπλέοντες. δι’ ἐργασίαν ἀπήγγελλον ἅμα περὶ τῆς πόλεως ἃ Λεωκράτους. ἠκηκόεσαν ὥστε. περὶ πολλοῦ ποιητέον ἐστὶν ὀρθῶς βουλεύ- σασθαι περὶ αὐτοῦ. εὖ γὰρ ἴστε; ὦ ᾿Αθηναῖοι, ὅτι ᾧ πλεῖστον διαφέρετε τῶν ἄλλων ἀνθρώπων, τῷ πρός. τε τοὺς, θεοὺς εὐσεβῶς καὶ mpos τοὺς γονέας ὁσίως καὶ πρὸς τὴν πατρίδα φιλοτίμως ἔχειν, τούτου" πλεῖστον ἀμελεῖν δόξαιτ᾽" ἂν εἰ τὴν παρ᾽ ὑμῶν οὗτος διαφύγοι τιμωρίαν.

Δέομαι δ᾽ ὑμῶν, ὦ ᾿Αθηναῖοι, ἀκοῦσαί μου τῆς κατηγορίας διὰ τέλους καὶ μὴ ἄχθεσθαι ἐὰν ἄρξωμαι. ἀπὸ τῶν τῇ πόλει τότε συμβάντων, ἀλλὰ τοῖς αἰτίοις ὀργίζεσθαι δι οὗς ἀναγκάζομαι νῦν μεμνῆσθαι περὶ αὐτῶν... γεγενημένης yap. τῆς ἐν Χαιρωνείᾳ μάχης, καὶ συνδραμόντων ἁπάντων ὑμῶν εἰς τὴν. ἐκκλησίαν, ἐψηφίσατο ὁ δῆμος παῖδας μὲν καὶ γυναῖκας ἐκ τῶν ἀγρῶν εἰς τὰ τείχη κατακομίζειν, τοὺς δὲ στρατηγοὺς τάττειν

1 Verba of icant’... ὄντα, quae codd. post ἠκηκόεσαν habent, huc transtulit F ranke. 2 γάρ Bekker: τε yap codd. 3 ἀπαγγελίαν Taylor: ἐπαγγελίαν codd.

24

AGAINST LEOCRATES, 14-10

other ‘ordinary men. For if the defendant were un- known in Greece, your verdict, whether good or bad, would be a matter solely for yourselves to, contem- plate. But where this man is.concerned, whatever judgement you may give will be discussed by every Greek, since it is common knowledge that the conduct of your ancestors was just the opposite of his. He won notoriety by his voyage to Rhodes and the dis- creditable report of you which he made officially to the Rhodians and to those merchants residing there : merchants who sailed round the whole Greek world on their business and passed on the news of Athens which they had heard from Leocrates. It is important therefore to reach a correct verdict upon him. For you must realize, Athenians, that you would be held to have neglected the virtues which chiefly distinguish you from the rest of mankind, piety towards the gods, reverence for your ancestors and ambition for your country, if this man were to escape punishment at your hands.

I am asking you, Athenians, to listen to. my accusation to the end and not to be impatient if I begin with the history of Athens at the time under discussion ; you may reserve your anger for the men whose fault it is that 1 am now compelled to recall those happenings. After the battle of Chaeronea you all gathered hastily to the Assembly, and the people decreed that the women and children should be brought from the countryside inside the walls and

4 ἠκηκόεσαν Es: ἀκηκόεσαν N A corr.: ἀκηκόασιν A pr. τούτου Reiske: τούτῳ codd. 6 δόξαιτ᾽ Ν᾽ corr. : δόξοιτ᾽ N pr. A. 7 ὀργίζεσθαι A N pr.: ὀργίζεσθε N corr. 5 δι᾿ ods Coraes: καὶ δι᾽ ods codd. 25

LYCURGUS

eis τὰς φυλακὰς τῶν ᾿Αθηναίων καὶ τῶν ἄλλων τῶν οἰκούντων ᾿Αθήνησι, καθ᾽ ὅ τι ἂν αὐτοῖς δοκῇ.

17 Λεωκράτης δὲ τούτων οὐδενὸς φροντίσας, συ- σκευασάμενος ἃ εἶχε χρήματα, μετὰ τῶν οἰκετῶν ἐπὶ τὸν λέμβον κατεκόμισε, τῆς νεὼς ἤδη περὶ [180] τὴν ἀκτὴν ἐξορμούσης,, καὶ περὶ δείλην ὀψίαν αὐτὸς μετὰ τῆς ἑταίρας Eipnvidos κατὰ μέσην τὴν ἀκτὴν διὰ τῆς πυλίδος ἐξελθὼν πρὸς τὴν ναῦν προσέπλευσε καὶ ᾧχετο “φεύγων, οὔτε τοὺς λιμένας τῆς πόλεως ἐλεῶν ἐξ ὧν ἀνήγετο, οὔτε τὰ τείχη τῆς πατρίδος αἰσχυνόμενος ὧν τὴν φυλακὴν ἔρη- μον τὸ καθ᾽ αὑτὸν μέρος κατέλιπεν: ovde* τὴν ἀκρόπολιν καὶ τὸ ἱερὸν τοῦ Διὸς τοῦ σωτῆρος καὶ τῆς ᾿Αθηνᾶς τῆς σωτείρας ἀφορῶν καὶ προδι- δοὺς ἐφοβήθη, ods αὐτίκα σώσοντας" ἑαυτὸν ἐκ ι8 τῶν κινδύνων ἐπικαλεῖται. καταχθεὶς δὲ καὶ ἀφ- ικόμενος εἰς Ῥόδον, ὥσπερ τῇ πατρίδι μεγάλας εὐτυχίας εὐαγγελιζόμενος, ἀπήγγειλεν' ὡς τὸ μὲν ἄστυ τῆς πόλεως ἑαλωκὸς καταλίποι, τὸν δὲ Πειραιέα πολιορκούμενον, αὐτὸς δὲ μόνος δια- σωθεὶς ἥκοι" καὶ οὐκ ἠσχύνθη τὴν τῆς πατρίδος ἀτυχίαν αὑτοῦ σωτηρίαν προσαγορεύσας. οὕτω δὲ σφόδρα ταῦτ᾽ ἐπίστευσαν οἱ Ρόδιοι ὥστε τριήρεις πληρώσαντες τὰ πλοῖα κατῆγον, καὶ τῶν ἐμπόρων καὶ τῶν ναυκλήρων οἱ παρεσκευασμένοι δεῦρο πλεῖν αὐτοῦ τὸν σῖτον ἐξείλοντο καὶ τἄλλα 19 χρήματα διὰ τοῦτον. καὶ ὅτι ταῦτ᾽ ἀληθῆ λέγω, ἀναγνώσεται ὑμῖν τὰς μαρτυρίας ἁπάντων, πρῶτον μὲν τὰς τῶν γειτόνων καὶ τῶν ἐν τῷ τόπῳ τούτῳ

1 ἐξορμούσης Taylor : ἐξορμώ ς codd. 3 οὐδὲ Heinrich : οὔτε codd, 3 σώσοντας N: σώσαντας A.

26

AGAINST LEOCRATES, 16-19

that the generals should appoint any Athenians or other residents at Athens to defence duties as they thought fit.t Leocrates ignored all these provisions. He collected what belongings he had and with his slaves’ assistance placed them in the ship’s boat, the ship itself being already anchored off the shore. Late in the evening he went out himself with his mistress Irenis through the postern gate on to the open beach and sailed out to the ship. And so he disappeared, a deserter, untouched by pity for the city’s harbours from which he was putting out to sea, and unashamed in face of the walls which, for his own part, he left undefended. Looking back at the Acropolis and the temple of Zeus the Saviour and Athena the Protectress, which he had betrayed, he had no fear, though he will presently call upon these gods to save him from danger. He landed and entered Rhodes, where, as if he were bringing good news of great successes for his country, he announced that the main city had been captured when he left it, that the Piraeus was blockaded and that he was the only one who had escaped, feeling no shame at speaking of his country’s ruin as the occasion of his own safety. The Rhodians took his news so seriously that they manned triremes and brought in their merchantmen ; and the traders and shipowners who had intended to sail to Athens unloaded their corn and other cargoes there, because of Leocrates. To prove the truth of this account the clerk shall read you the evidence of all concerned : first the testimony of the neighbours and the men living in this district who know that the

* The proposer of this measure was Hyperides, cf. § 41. See Life of Hyperides and Hyperides, fragment 18, note.

4. ἀπήγγειλεν N : ἀπήγγελλεν A. 27

LYCURGUS

κατοικούντων, οἵ τοῦτον ἴσασιν ἐν τῷ πολέμῳ φυγόντα' καὶ ἐκπλεύσαντα ᾿Αθήνηθεν, ἔπειτα τῶν παραγενομένων εἰς “Ῥόδον ὅτε Λεωκράτης ταῦτ᾽ ἀπήγγελλε, μετὰ δὲ ταῦτα τὴν Φυρκίνου μαρτυρίαν, ὃν καὶ ὑμῶν (ίσασινν" of πολλοὶ κατηγοροῦντα ἐν τῷ δήμῳ τούτου, ὡς καὶ μεγάλα καταβεβλαφὼς" εἴη τὴν πεντηκοστήν, μετέχων auras.

Πρὸ. δὲ τοῦ ἀναβαίνειν τοὺς μάρτυρας βραχέα βούλομαι “διαλεχθῆναι ὑμῖν. οὐ γὰρ ἀγνοεῖτε, ὦ ἄνδρες, οὔτε τὰς παρασκευὰς τῶν κρινομένων οὔτε τὰς δεήσεις τῶν ἐξαιτουμένων, ἀλλ᾽ ἀκριβῶς ἐπί- στασθε ὅτι χρημάτων ἕνεκα Kal χάριτος πολλοὶ ἐπείσθησαν τῶν μαρτύρων ἢ ἀμνημονεῖν ἢ μὴ ἐλθεῖν: ἢ ἑτέραν πρόφασιν εὑρεῖν: ἀξιοῦτε οὖν τοὺς μάρτυρας ἀναβαίνειν καὶ μὴ ὀκνεῖν,. μηδὲ περὶ πλείονος ποιεῖσθαι τὰς χάριτας ὑμῶν καὶ τῆς

/ > > > / - 3 - \ πόλεως, ἀλλ᾽ ἀποδιδόναι τῇ πατρίδι τἀληθῆ καὶ

\ , ῃ \ , \ , ͵ 18 τὰ δίκαια, καὶ μὴ λείπειν τὴν τάξιν ταύτην μηδὲ μιμεῖσθαι Λεωκράτην, ἢ λαβόντας τὰ ἱερὰ κατὰ τὸν νόμον ἐξομόσασθαι. ἐὰν δὲ μηδέτερον τούτων ποιῶσιν, ὑπὲρ ὑμῶν καὶ τῶν νόμων καὶ τῆς δημο- κρατίας KAntevoopev’ αὐτούς. λέγε τὰς μαρτυ- ρίας.

x pion F. A. Wolf: φεύγοντα codd.

2 ἴσασιν hic add. Ald., idem post τούτου N corr.?.

3 καταβεβλαφὼς Jenicke: καὶ βλάβους codd. : : βεβλαφὼς Sauppe.

* αὐτῆς N : αὐτοῖς A.

. oa δὴ ΠΣ μηδὲ codd,

. ag A corr. : καὶ A pr.

ὖ νυ ots κλητεύσωμεν A,

@ The πεντηκοστή, a 2 per cent tax on imports and exports, was let out by the πωληταί to the highest bidder, coenity a

28

AGAINST LEOCRATES, 19-20

defendant ran away during the war and sailed from Athens, next that of the people present at Rhodes when Leocrates was delivering this news, and finally the evidence of Phyrcinus, whom most of you know as the:accuser of Leocrates in the Assembly for having seriously harmed the two per cent tax in which he had an interest.4

But before the witnesses come up I want to say a few words to you. You are well acquainted, gentle- meén, with the tricks of defendants and with the re- quests made by others asking pardon for them. You know too well that desire for bribes and favours induces many witnesses to forget what they know, to fail to appear, or to contrive some other éxcuse. Ask the witnesses therefore to come up without hesitation and not to put offered favours before your interests and the state. Ask them to pay their country the debt of truth and justice which they owe and not to follow the example of Leocrates by failing in this duty. Otherwise let them swear the oath of disclaimer with their hands on the sacrifice.” τ" If they refuse both these alternatives, we will sum- mons them in the interest of yourselves, our laws and our democracy. Read the evidence.

company. Leocrates was. evidently a member of such a company, and by frightening away trade from Athens diminished the returns from the tax. _ Cf. Andocid. i. 138... * At Athens depositions bearing on a case were submitted in writing to a magistrate ata preliminary inquiry (avéxpicis), and, no fresh evidence was allowed, at the trial itself.:.. But»if a witness refused to appear at the ἀνάκρισις he might be called to the trial by either party, on painvof a 1000 drachma fine, to vouch for the truth of a written statement which the clerk would read out to him. If he professed ignorancé he had to support his claim with a solemn oath (ἐξωμοσία).

See Isae. ix. 18; Aeschin. i. 45; Dem. xix. 176, etc. 29

LYCURGUS

MAPTYPIAI

2] Mera ταῦτα τοίνυν, ὦ ἄνδρες, ἐπειδὴ χρόνος ἐγένετο, καὶ ἀφικνεῖτο ᾿Αθήνηθεν πλοῖα εἰς τὴν “Ῥόδον, καὶ φανερὸν ἦν ὅτι οὐδὲν δεινὸν ἐγεγόνει περὶ τὴν πόλιν, φοβηθεὶς ἐκπλεῖ πάλιν ἐκ τῆς “Ῥόδου καὶ ἀφικνεῖται εἰς Μέγαρα: καὶ ᾧκει ἐν Μεγάροις πλείω ἢ πέντε ἔτη προστάτην ἔχων Μεγαρέα, οὐδὲ τὰ ὅρια τῆς χώρας αἰσχυνόμενος, ἀλλ᾽ ev’ γειτόνων τῆς ἐκθρεψάσης αὐτὸν πατρίδος

22 μετοικῶν. καὶ οὕτως αὑτοῦ κατεγνώκει ἀΐδιον φυγὴν ὥστε μεταπεμψάμενος ἐντεῦθεν ᾿Αμύνταν τὸν τὴν ἀδελφὴν ἔχοντα αὐτοῦ τὴν πρεσβυτέραν καὶ τῶν φίλων ᾿Αντιγένην Ξυπεταιόνα," καὶ δεηθεὶς τοῦ κηδεστοῦ πρίασθαι παρ᾽ αὑτοῦ τἀνδράποδα καὶ τὴν οἰκίαν, ἀποδόσθαι ταλάντου, κἀπὸ τούτου προσέταξε τοῖς τε χρήσταις ἀποδοῦναι τὰ ὀφει- λόμενα καὶ τοὺς ἐράνους διενεγκεῖν, τὸ δὲ λοιπὸν

23 αὑτῷ ἀποδοῦναι. διοικήσας δὲ ταῦτα πάντα ὁ ᾿Αμύντας αὐτὸς πάλιν ἀποδίδοται τἀνδράποδα πέντε καὶ τριάκοντα μνῶν Τιμοχάρει ᾿Αχαρνεῖ τῷ τὴν νεωτέραν ἔχοντι τούτου ἀδελφήν" ἀργύριον δὲ οὐκ ἔχων δοῦναι ὁ Τιμοχάρης, συνθήκας ποιη- σάμενος καὶ θέμενος παρὰ Λυσικλεῖ μίαν μνᾶν" τόκον ἔφερε τῷ ᾿Αμύντᾳ. ἵνα δὲ μὴ λόγον οἴησθε" εἶναι ἀλλ᾽ εἰδῆτε τὴν ἀλήθειαν, ἀναγνώσεται καὶ τούτων ὑμῖν τὰς μαρτυρίας. εἰ μὲν οὖν ζῶν

1 ἐν N corr.?; ex N pr. Δ. 3 Bumeraova Rehdantz: Ξυπετεόνα N pr. : Ξυπετεῶνα N corr.’ A,

3 μίαν μνᾶν] ci. ἡμιμναῖον Maetzner,, δραχμὴν τῆς μνᾶς Es, μίαν τῆς μνᾶς Blass.

80

AGAINST LEOCRATES, 21-23 Evidence

To resume then, gentlemen. After this, time passed, merchant ships from Athens continued to arrive at Rhodes, and it was clear that no disaster had overtaken the city. So Leocrates grew alarmed, and embarking again, left Rhodes for Megara. He stayed at Megara for over five years with a Megarian as his patron, unashamed at living on the boundaries of Attica, an alien on the borders of the land that nurtured him. He had condemned himself so finally to a lifetime of exile that he sent for Amyntas, the husband of his elder sister, and Antigenes of Xypete, a friend of his, to come to him from Athens, and asked his brother-in-law to buy his house and slaves from him, selling them to him for a talent. Out of this sum he arranged that his debts should be settled, his loans paid off * and the balance restored to him. After concluding all this business Amyntas resold the slaves himself for thirty-five minas to Timochares of Acharnae who had married Leocrates’ younger sister. Timochares had no ready money for the purchase and so drew up an agreement which he lodged with Lysicles ® and paid Amyntas interest of one mina. To convince you that this is fact, lest you should think it idle talk, the clerk shall read you the evidence relating to these points also. If Amyntas

* For these loans compare Hyp. iii. 7 and note.

» A Lysicles of Leuconoé, possibly a banker, is mentioned in a similar connexion in Hyp. iii. 9. The rate of interest

here τὰς (a mina per month) amounts to 343%, which is very high, even though from 12% to 18% was a normal rate for Greeks. Hence the text has been ‘suspected, but

none of the emendations can be regarded as certain. 4 οἴησθε Ald.: οἴεσθε codd.

31

LYCURGUS

ἐτύγχανεν ὁ ᾿Αμύντας, ἐκεῖνον (ὧν αὐτὸν παρει-

[151] χόμην" νυνὶ δ ὑμῖν καλῶ τοὺς συνειδότας. καί μοι λέγε ταύτην τὴν μαρτυρίαν, ὡς ἐπρίατο παρὰ Λεωκράτους. ἐν Μεγάροις τὰ ἀνδράποδα ᾿Αμύντας καὶ τὴν οἰκίαν.

MAPTYPIA

24 ᾿Ακούσατε δὲ καὶ ὡς ἀπέλαβε τετταράκοντα μνᾶς παρ᾽ ᾿Αμύντου Φιλόμηλος Χολαργεὺς καὶ Μενέλαος ὁ πρεσβεύσας ὡς" βασιλέα.

MAPTYPIA®

Λαβὲ δέ μοι καὶ τὴν Τιμοχάρους . τοῦ πριαμένου τἀνδράποδα παρ᾽ ᾿Αμύντου πέντε καὶ τριάκοντα μνῶν, καὶ τὰς συνθήκας.

MAPTYPIA. ΣΥΝΘΗΚΑΙ

2 Τῶν μὲν μαρτύρων, ἀκηκόατε, ὦ ἄνδρες: ἄξιον δ᾽ ἐστὶν ἐφ᾽ οἷς. μέλλω λέγειν ἀγανακτῆσαι καὶ μισῆσαι τουτονὶ Λεωκράτην. οὐ yap ἐξήρκεσε τὸ σῶμα τὸ ἑαυτοῦ καὶ. τὰ “χρήματα μόνον ὑπεκ- θέσθαι, ἀλλὰ καὶ τὰ ἱερὰ τὰ πατρῷα, ἃ τοῖς ὑμε- τέροις νομίμοις. καὶ πατρίοις" ἔθεσιν οἱ πρόγονοι παρέδοσαν αὐτῷ ἱδρυσάμενοι,. ταῦτα μετεπέμψατο ets Μέγαρα καὶ ἐξήγαγεν ἐ ἐκ τῆς χώρας, οὐδὲ τὴν ἐπωνυμίαν τῶν πατρῴων ἱερῶν. φοβηθείς, ὅτι ἐκ τῆς 'πατρίδος αὐτὰ κινήσας συμφεύγειν αὑτῷ

ἃ ἂν add. Bekker. 2 ὡς Blass εἰς Ν : πρὸς A. 82

AGAINST LEOCRATES, 23-25

had been still alive I should have produced him in person ; since he is not, I am summoning for you the men who know the facts. Please read me this evidence showing that Amyntas bought the slaves and house from Leocrates at Megara. .

Evidence

Now. hear Hiow-Philomélos of Cholargus and Mene- laiis, once an envoy to the King, received from Amyntas forty minas owed them.

Evidence

Please take the evidence of Timochares who bought the slaves from Amyntas for thirty-five minas, and also his agreement.

Evidence. Agreement

You have heard the witnesses, gentlemen. What 1 am now going to say will give you good reason for indignation and hatred of this man Leocrates. For he was not content simply to remoye his own person and his goods, There were the sacred images of his family which his. forbears established and which, in keeping with your customs and ancestral tradition, they afterwards entrusted to him. These too he had sent to Megara. He took them out of the country without a qualm at the name.“ ancestral images ’” or at the thought that he had uprooted them from their country and expected them to share his exile, to

8 ΜΑΡΤΥΡΙᾺ Bekker: MAPTYPIAI NA. 4 πατρίοις Dobree: πατρῴοις Codd...

2

27

LYCURGUS

ἐκλείποντα' τοὺς νεὼς Kal τὴν χώραν ἣν κατεῖχεν," ἠξίωσε, καὶ ἱδρῦσθαι: ἐπὶ ξένης καὶ ἀλλοτρίας, καὶ εἶναι ὀθνεῖα τῇ χώρᾳ καὶ τοῖς νομίμοις τοῖς κατὰ τὴν Μεγαρέων πόλιν εἰθισμένοις. καὶ οἱ μὲν πατέρες ὑμῶν ἵτὴν ᾿Αθηνᾶν ὡς τὴν χώραν εἰληχυῖαν' [ὁμώνυμον αὐτῇ; ἢ τὴν πατρίδα προσ- ἡγόρευον ᾿Αθήνας, ἵν᾽ ot τιμῶντες τὴν θεὸν τὴν ὁμώνυμον αὐτῇ πόλιν μὴ ἐγκαταλίπωσι: Λεω- κρἄᾶτης δ᾽ οὔτε νομίμων οὔτε πατρίδος" οὔθ᾽ ἱερῶν φροντίσας τὸ καθ᾽ ἑαυτὸν ἐξαγώγιμον ὑμῖν καὶ τὴν παρὰ τῶν θεῶν βοήθειαν ἐποίησε. καὶ οὐκ ἐξήρκεσεν αὐτῷ τοσαῦτα καὶ τηλικαῦτα τὴν πόλιν ἀδικῆσαι, ἀλλ᾽ οἰκῶν ἐν Μεγάροις, οἷς παρ᾽ ὑμῶν ἐξεκομίσατο χρήμασιν ἀφορμῇ χρώμενος, ἐκ τῆς ᾿Ηπείρου παρὰ Κλεοπάτρας εἰς Λευκάδα ἐσιτήγει καὶ ἐκεῖθεν εἰς Κόρινθον. καίτοι, ὦ ἄνδρες, καὶ περὶ τούτων οἱ ὑμέτεροι νόμοι τὰς ἐσχάτας τιμω- ρίας ὁρίζουσιν, ἐάν. τις ᾿Αθηναίων. ἄλλοσέ ποι σιτηγήσῃ ἢ ὡς ὑμᾶς. ἔπειτα. τὸν προδόντα μὲν ἐν τῷ πολέμῳ, σιτηγήσαντα. δὲ παρὰ τοὺς νόμους, μὴ φροντίσαντα δὲ μήτε ἱερῶν μήτε πατρίδος μήτε νόμων, τοῦτον ἔχοντές ἐπὶ τῇ ὑμετέρᾳ ψήφῳ οὐκ ἀποκτενεῖτε καὶ παράδειγμα τοῖς ἄλλοις" ποιήσετε;

1 ἐκλείποντα] ἐκλιπόντα Coraes.

2 κατεῖχεν Blass : κατεῖχον codd.

3 ἱδρῦσθαι Bekker : : ἱδρύσασθαι codd.

4 Verba τὴν .. . εἰληχυῖαν obelis inclusi : ὁμώνυμον αὐτῇ 566]. Heinrich: verba τὴν ᾿Αθηνᾶν usque ad αὐτῇ delenda ci. Bekker: | δ.) ἃ ante τὴν “A Αθηνᾶν add. Taylor. τῇ

᾿Αϑηνᾷ . . » εἰληχυίᾳ Coraes: ὡς τὴν χώραν τῆς ᾿Αθηνᾶς εἰλη- χυίας Blass.

5 αὐτῇ] 566). Schoene: αὐτὴν Rehdantz. 34

AGAINST LEOCRATES, 25-27

leave the temples and the land which they had occupied and be established in a strange and uncon- genial place, as aliens to the soil and to the rites traditionally observed in Megara. Your fathers, <honouring)* Athena as the deity to whom their land had been allotted, called their native city Athens, so that men who revered the goddess should not desert the city which bore her name. By disregarding custom, country, and sacred images Leocrates did all in his power to cause even your divine protection to be exported. Moreover, to have wronged the city on this enormous scale was not enough for him. © Living at Megara and using as capital the money which he had withdrawn from Athens he shipped corn, bought from Cleopatra,” from Epirus to Leucas and from there to Corinth. And yet, gentlemen, in cases of this sort your laws lay down the most severe penalties if an Athenian transports corn to any place other than your city. When therefore a man has been a traitor in war and has broken the laws in transporting corn, when he has had no regard for sacred things and none for his country or the laws, if you have him at the mercy of your vote, will you not execute him and make an example of him to others ἢ If you do not it

@ In order to give what must be the general sense of this corrupt passage I have translated Taylor’s suggested addi- tion of τιμῶντες before τὴν ᾿Αθηνᾶν and ignored the words ὁμώνυμον αὐτῇ. But the Greek text cannot be restored with certainty. :

ὃ Cleopatra, the sister of Alexander the Great, was married to Alexander of Epirus in 336 and must now have been acting as regent for her husband while he was at war in Italy,

6 πατρίδος Frohberger : πατρῴων codd. > 7 ἐπὶ Ν᾿: ἐν A: ὑπὸ Herwerden (coll. §§ 2, 115). 8 τοῖς ἄλλοις Ν : tots ἄλλοις ἀνθρώποις A,

35

LYCURGUS

4 Μ 59 3 ,ὔ ε / Ν A πάντων ap ἀνθρώπων ῥᾳθυμότατοι ἔσεσθε, καὶ ἥκιστα ἐπὶ τοῖς δεινοῖς ὀργιζόμενοι.

285 Kal ταῦτα δ᾽, ὦ ἄνδρες, ἐμοῦ θεωρήσατε ὡς δικαίαν τὴν ἐξέτασιν ποιουμένου περὶ τούτων. οὐ γὰρ οἶμαι δεῖν ὑμᾶς ὑπὲρ τηλικούτων ἀδικημάτων εἰκάζοντας. ἀλλὰ τὴν ἀλήθειαν εἰδότας ψηφίζε- ofa, καὶ τοὺς μάρτυρας μὴ δώσοντας ἔλεγχον μαρτυρεῖν ἀλλὰ δεδωκότας. προὐκαλεσάμην' γὰρ αὐτοὺς πρόκλησιν ὑπὲρ τούτων ἁπάντων γράψας καὶ «ἀξιῶν βασανίζειν τοὺς τούτου οἰκέτας, ἧ προ- κλήσεϊς προκαλεῖσθαι. ἀξιόν. ἐστιν. καί μοι λέγε

ταύτην. ἱ ΠΡΟΚΛΗΣῚΣ

ΣΨ , > », a 4 σ΄ 99 Axovere, ὦ, ἄνδρες, τῆς προκλήσεως. ἅμα τοίνυν ταύτην "Λεωκράτης" οὐκ ἐδέχετο καὶ κατε- μαρτύρει. αὑτοῦ ὅτι «προδότης τῆς πατρίδος ἐστίν: ὁ γὰρ τὸν παρὰ τῶν' συνειδότων ἔλεγχον φυγὼν ε /, > -“ A > 4 / ὡμολόγηκεν ἀληθῆ εἶναι τὰ εἰσηγγελμένα. τίς γὰρ ὑμῶν οὐκ οἶδεν ὅτι περὶ: τῶν ἀμφισβητου- μένων πολὺ δοκεῖ δικαιότατον καὶ δημοτικώτατον" εἶναι, ὅ ὅταν οἰκέται 7) θεράπαιναι συνειδῶσιν ἃ ἃ δεῖ, τούτους ἐλέγχειν καὶ βασανίζειν, καὶ τοῖς ἔργοις μᾶλλον ἢ τοῖς λόγοις πιστεύειν, ἄλλως τε καὶ περὶ πραγμάτων κοινῶν καὶ μεγάλων καὶ συμφερόντων 80 τῇ πόλει; ἐγὼ τοίνυν τοσοῦτον ἀφέστηκα᾽ τοῦ ἀδίκως τὴν εἰσαγγελίαν κατὰ Λεωκράτους ποιή-

Σ προὐκαλεσάμην Taylor : παρεκαλέσάμην codd.

3 ἡ προκλήσεις προκαλεῖσθαι. ἄξιόν ἐστιν Jernstedt: 7 mpo- κλήσεις προκλήῆσοι ἀξιόν ἐστι N: om. A dimidio versu post οἰκέτας vacuo relicto : ἧς ἀκοῦσαι ἄξιόν ἐστιν Blass.

5. Λεωκράτης Ald. : ἃ σωκράτης codd.

4 τὸν παρὰ τῶν Schoemann : τὸν πάντων Α : τῶν πάντων N. 5 δημοτικώτατον Ernesti : δημοτικὸν codd.

36

AGAINST LEOCRATES, 27-30

will show an apathy and lack of righteous indignation completely without parallel.

Consider these further proofs that my inquiry into this question has been just ; for it is my opinion that in dealing with such serious crimes you must base your vote, not on conjecture, but on certainty : and I hold that witnesses must prove their good faith before, not after, they give their evidence. I sub- mitted to the defence a written challenge on all these points and demanded the slaves of Leocrates for torture, according to the right procedure for making challenges. Please read the challenge.

Challenge

You hear the challenge, gentlemen. By the very act of refusing to accept this Leocrates condemned himself as a traitor to his country. For whoever refuses to allow the testing of those who share his secrets has confessed that the charges of the indict- ment are true. Every one of you knows that in matters of dispute it is considered by far the justest and most democratic course, when theré are male or female slaves, who possess the necessary information, to examine these by torture and so have facts to go upon instead of hearsay, particularly when the case concerns the public and is of vital interest to the state.* Certainly I cannot be called unjust in my

* The right of torturing slave witnesses. does not seem often to have been exercised, and it is doubtful whether evidence obtained in this way was really very highly rated. No man was bound to submit his. slaves for examination, and accusers often demanded: them in such a way as to ensure a refusal which gave them an additional argument against the defendant. To strengthen their position they,

37

8 [159]

_

LYCURGUS

σασθαι, ὅσον ἐγὼ μὲν ἐβουλόμην τοῖς ἰδίοις κινδύνοις" ἐν τοῖς Λεωκράτους οἰκέταις καὶ θερα- παΐίναις βασανισθεῖσι τὸν ἔλεγχον γενέσθαι, οὑτοσὶ δὲ διὰ τὸ συνειδέναι ἑαυτῷ" οὐχ ὑπέμεινεν ἀλλ᾽ ἔφυγε. καίτοι, ὦ ἄνδρες, πολὺ θᾶττον οἱ Λεωκρά- τους οἰκέται καὶ θεράπαιναι τῶν γενομένων" ἄν τι ἠρνήθησαν ἣ τὰ μὴ ὄντα τοῦ αὑτῶν δεσπότου κατεψεύσαντο. χωρὶς τοίνυν τούτων Λεωκράτης ἀναβοήσεται αὐτίκα ὡς ἰδιώτης ὦν, καὶ ὑπὸ τῆς τοῦ ῥήτορος καὶ συκοφάντου δεινότητος ἀναρπαζό- μενος" ἐγὼ δ᾽ ἡγοῦμαι πάντας ὑμᾶς εἰδέναι ὅτι τῶν μὲν δεινῶν καὶ συκοφαντεῖν ἐπιχειρούντων ἔργον ἐστὶν ἅμα τοῦτο προαϊρεῖσθαι καὶ ζητεῖν τὰ χωρία ταῦτα, ἐν οἷς τοὺς παραλογισμοὺς κατὰ τῶν ἀγωνιζομένων ποιήσονται, τῶν δὲ δικαίως τὰς κρίσεις ἐνισταμένων καὶ τοὺς ἐνόχους ταῖς ἀραῖς ἀκριβῶς ἀποδεικνύντων τἀναντία φαίνεσθαι

, “- “ ε a_4 ε ᾿ \ 32 τούτοις ποιοῦντας, ὥσπερ ἡμεῖς. οὑτωσὶ δὲ

, ‘ , eres > a , διαλογίζεσθε περὶ τούτων παρ᾽ ὑμῖν αὐτοῖς. τίνας ἀδύνατον ἦν τῇ δεινότητι καὶ ταῖς παρασκευαῖς ταῖς τοῦ λόγου παραγαγεῖν; κατὰ φύσιν τοίνυν βασανιζόμενοι πᾶσαν τὴν ἀλήθειαν περὶ πάντων τῶν ἀδικημάτων ἔμελλον φράσειν οἱ οἰκέται καὶ

ε , > \ , , 5

at ᾿θεράπαιναι. ἀλλὰ τούτους Λεωκράτης" παρα- “- ΝΜ \ = ΕἸ > ,ὔ 3 >

δοῦναι ἔφυγε, καὶ ταῦτα οὐκ ἀλλοτρίους ἀλλ

- » “- - 33 αὑτοῦ ὄντας. τίνας δὲ δυνατὸν εἶναι δοκεῖ τοῖς

1 τοῖς ἰδίοις κινδύνοις Reiske: τοὺς ἐδίους κινδύνους codd. ἑαυτῷ Ν : ἑαυτὸν Α. 3 γενομένων Bekker: λεγομένων codd. 4 ἡμεῖς N: ὑμεῖς A. 5 Λεωκράτης Thalheim: 6 Λεωκράτης codd.

naturally tried, as Lycurgus does here, to impress the jury 38

AGAINST LEOCRATES, 30-33

prosecution of Leocrates. I was even willing at my own risk to let the proof rest on the torture of his male and female slaves, but the defendant, realizing his guilt, rejected the offer instead of accepting it. And yet, gentlemen, the male and female slaves of Leocrates would have been far readier to deny any of the real facts than to invent lies against their master. Apart from this, Leocrates will presently proclaim that he is a simple citizen and is falling a prey to the cunning of an orator and false informer. But I am sure you all know well the characteristic behaviour of those unscrupulous men who try to lay false in- formation ; for when they choose their part they look for vantage-points on which to quibble against those on trial, whereas the man whose aims in going to law are honest, who brings proofs to bear against those who come under the herald’s curse,* does just the opposite, as I myself am doing. Look at the present case yourselves in this way. Which people could not have been misled by cunning or a deceptive argument ? The male and female slaves. Naturally, when tortured, they would have told the whole truth about all the offences. But it was just these persons whom Leocrates refused to hand over, though they were his and no one else’s. On the other hand which

with the value of such evidence (cf. Isae. viii: 12 ete.): but Antiphon must be nearer the mark when he points out that aman on the rack would say anything to gratify his torturers (Antiph. v. 32).

* Before meetings of the Assembly and the Council a curse was pronounced by the herald against all who might be acting treasonably against the state (see Dem. xix. 70).

39

LYCURGUS

λόγοις ψυχαγωγῆσαι, Kal τὴν ὑγρότητα αὐτῶν τοῦ ἤθους τοῖς δακρύοις εἰς ἔλεον προαγαγέσθαι; τοὺς δικαστάς. ἐνταῦθα Λεωκράτης ὁ προδότης τῆς πατρίδος ἐλήλυθεν, οὐδὲν ἕτερον ἢ φοβούμενος μὴ ἐκ τῆς αὐτῆς οἰκίας οἵ τ᾽ ἐξελέγχοντες τῷ ἔργῳ καὶ ὁ ἐξελεγχόμενος γένηται. τί γὰρ ἔδει προφάσεων ἢ λόγων ἢ σκήψεως;" ἁπλοῦν τὸ

84 δίκαιον, ῥᾷδιον τὸ ἀληθές, βραχὺς ὃ ἔλεγχος." εἰ μὲν ὁμολογεῖ τὰ ἐν τῇ εἰσαγγελίᾳ ἀληθῆ καὶ ὅσια εἶναι, τί οὐ τῆς ἐκ τῶν νόμων τιμωρίας τυγχάνει; εἰ δὲ μή φησι ταῦτα ἀληθῆ εἶναι, τί οὐ παραδέδωκε τοὺς οἰκέτας καὶ τὰς θεραπαίνας; προσήκει" γὰρ τὸν ὑπὲρ προδοσίας" κινδυνεύοντα καὶ παραδιδόναι" βασανίζειν καὶ μηδένα τῶν ἀκριβεστάτων ἐλέγχων

35 φεύγειν. ἀλλ᾽ οὐδὲν τούτων ἔπραξεν. ἀλλὰ καταμεμαρτυρηκὼς ἑαυτοῦ ὅτι προδότης ἐστὶ τῆς πατρίδος καὶ τῶν ἱερῶν καὶ τῶν νόμων, ἀξιώσει ὑμᾶς ἐναντία. ταῖς αὑτοῦ ὁμολογίαις᾽ καὶ μαρτυ- ρίαις ψηφίσασθαι. καὶ πῶς δίκαιόν ἐστι τὸν τὴν ἐξουσίαν τῆς ἀπολογίας αὑτοῦ ἐξ ἄλλων τε πολλῶν καὶ ἐκ τοῦ μὴ. δέξασθαι τὰ δίκαια περιῃρη- μένον, τοῦτον ἐᾶσαι ὑμᾶς αὐτοὺς ὑπὲρ τῶν ὁμο- λογουμένων ἀδικημάτων ἐξαπατῆσαι;

86 Περὶ μὲν οὖν τῆς προκλήσεως καὶ τοῦ ἀδική- ματος, ὅτι ὁμολογούμενόν ἐστιν, ἱκανῶς ὑμᾶς ἡγοῦμαι, ὦ ἄνδρες, μεμαθηκέναι" ἐν οἷς δὲ καιροῖς καὶ ἡλίκοις κινδύνοις τὴν πόλιν οὖσαν Λεωκράτης προδέδωκεν ἀναμνῆσαι ὑμᾶς βούλομαι. καί μοι λαβὲ τὸ ψήφισμα, γραμματεῦ, τὸ Ὑπερείδου καὶ ἀναγίγνωσκε.

40

AGAINST LEOCRATES, 33-36

people could he probably impose upon by arguments, appealing to their softer side by his tears and so winning their sympathy ὃ The jury.. Leocrates, the betrayer of his country, has come into court with only one fear, namely that the witnesses who by certain proofs expose the criminal will be produced from the same household as the man whom they expose.. What was the use of pretexts, pleas, excuses? Justice is plain, the truth easy and the proof brief. If he admits that the articles of the indictment are true and right, why does he not suffer punishment as the laws require? But if he claims that they are false, why has he‘ not handed over his male and female slaves ? When a man is up for treason he should submit his slaves for torture, without evading a single one of the most searching tests. . Leocrates. did nothing of the sort. Though he has condemned himself as a traitor to his country, a traitor to his gods and to the laws, he will ask you when you vote to contradict his own admis- sions and his own evidence. How can it be right, when a man has refused a fair offer and in many other ways also has robbed himself of the means of defence, for you to let him mislead your judgement on crimes to which he has confessed ?

So much for the challenge and the crime. I think you have been shown well enough, gentlemen, that that part is beyond dispute. I want now to remind you what emergencies, what: great dangers the city was facing when Leocrates turned traitor to it. Please take the decree of Hyperides, clerk, and read it.

1 σκήψεως A: σκέψεως N. 2 προσήκει] προσῆκεν Blass. _ 9 Post προδοσίας usque ad § 98 mancus N. 4 Post παραδιδόναι codd. καὶ habent, secl. Taylor.

41

LYCURGUS

ΨΗΦΙΣΜΑ

81] Ἀκούετε τοῦ ψηφίσματος, ὦ ἄνδρες, ὅτι τὴν βουλὴν τοὺς πεντακοσίους καταβαίνειν εἰς Πειραιᾶ χρηματιοῦσαν περὶ φυλακῆς τοῦ Πειραιέως ἐν τοῖς ὅπλοις ἔδοξε, καὶ πράττειν διεσκευασμένην ὅ τι ἂν δοκῇ σῷ δήμῳ συμφέρον εἶναι. καίτοι, ὦ ἄνδρες, εἰ οἱ ἀφειμένοι" τοῦ στρατεύεσθαι ἕ ἕνεκα τοῦ βουλεύεσθαι ὑπὲρ τῆς πόλεως ἐν τῇ τῶν στρατιωτῶν τάξει διέτριβον, ἄρ᾽ ὑμῖν δοκοῦσι μικροὶ καὶ οἱ τυχόντες φόβοι τότε τὴν πόλιν

88 κατασχεῖν; ἐν οἷς Λεωκράτης οὑτοσὶ καὶ αὐτὸς ἐκ τῆς πόλεως ἀποδρὰς ᾧχετο, καὶ τὰ χρήματα τὰ ὑπάρχοντα ἐξεκόμισε, καὶ {τὰ " ἱερὰ τὰ πατρῷα μετεπέμψατο, καὶ εἰς τοσοῦτον προδοσίας ἦλθεν ὥστε κατὰ τὴν τούτου" προαίρεσιν ἔρημοι μὲν ἦσαν οἱ vew,* ἔρημοι δ᾽ ai φυλακαὶ τῶν τειχῶν, ἐξελέ-

39 Neuro δ᾽ ἢ πόλις καὶ ἡ χώρα. καίτοι κατ᾽ ἐκείνους τοὺς χρόνους, ὦ ἄνδρες, τίς οὐκ ἂν τὴν πόλιν ἠλέησεν, οὐ μόνον πολίτης ἀλλὰ καὶ ξένος ἐν τοῖς ἔμπροσθεν χρόνοις ἐπιδεδημηκώς; δι tis 8 ἦν οὕτως 7), μισόδημος τότ᾽ 7 μισαθήναιος, ὅστις ἐδυνήθη ἃ ἂν ἄτακτον αὑτὸν" ὑπομεῖναι ἰδεῖν; ἡνίκα ἡ μὲν ἧττα καὶ τὸ γεγονὸς πάθος τῷ (δήμῳ»" προσήγγελτο, ὀρθὴ δ᾽ ἦν ἡ πόλις ἐπὶ τοῖς συμ- βεβηκόσιν, αἱ δ᾽ ἐλπίδες τῆς σωτηρίας τῷ δήμῳ ἐν τοῖς ὑπὲρ πεντήκοντ᾽ ἔτη γεγονόσι καθειστή-

40 κεσαν, δρᾶν δ᾽ ἦν ἐπὶ μὲν τῶν θυρῶν γυναῖκας

1 ἀφειμένοι A. 6. Becker (coll. 8 40): ἀφιέμενοι codd. 2 τὰ add. Halm. 3 τούτου Thalheim : : αὐτοῦ codd. 4 νεῷ Blass (coll. §§ 1, 25, ete.) : ναοί codd. qui τῶν ἱερέων add. : secl. Heinrich.

42

AGAINST LEOCRATES, 37-40 Decree

You hear the decree, gentlemen. It provided that the Council of Five Hundred should go down to the Piraeus armed, to consult for the protection of that harbour, and that it should hold itself ready to do whatever seemed to be in the people’s interest. And yet, if the men who had been exempted from military service so that they might deliberate upon the city’s affairs were then playing the part of soldiers, do you think that the alarms which had taken hold upon the city were any trivial or ordinary fears? Yet it was then that this man Leocrates made off himself—a runaway from the city ; it was then that he conveyed to safety his available property and sent back for the sacred ‘images of his family. To such a pitch did he carry his treason that, so far as his decision went, the temples were abandoned, the posts on the wall unmanned and the town and country left deserted. And yet in those days, gentlemen, who would not have pitied the city, even though he were not a citizen but only an alien who had lived among us in previous years? Surely there was no one whose hatred of the people or of Athens was so intense that he could have endured to see himself remain outside the army. When the defeat and consequent disaster had been reported to the people and the city was tense with alarm at the news, the people’s hope of safety had come to rest with the men of over fifty. Free women could be seen crouching at the doors in

5 αὑτὸν Baiter et Sauppe: ἑαυτὸν Ald, : τὸν αὐτὸν codd.

ὁ δήμῳ add. Ald.; προσήγγελτο Es: τῷ προσηγγέλλετο codd.: pro τῷ, ἀρτίως Blass: στρατοπέδῳ add. Meier, στρατῷ Petrie. 7 ἐπὶ Bekker: ἐν codd.

43

LYCURGUS

[153] ἐλευθέρας, περιφόβους κατεπτηχυίας καὶ πυνθανο-

4

--

bo

μένας, εἰ ζῶσι, τὰς μὲν ὑπὲρ ἀνδρός, τὰς δ᾽ ὑπὲρ πατρός, τὰς δ᾽ ὑπὲρ ἀδελφῶν, ἀναξίως αὑτῶν καὶ τῆς πόλεως ὁρωμένας, τῶν δ᾽ ἀνδρῶν' τοὺς τοῖς σώμασιν ἀπειρηκότας καὶ ταῖς ἡλικίαις" πρεσβυ- τέρους καὶ ὑπὸ τῶν νόμων τοῦ «στρατεύεσθαι. ἀφ- ειμένους" ἰδεῖν. ἦν καθ᾽ ὅλην τὴν πόλιν τότ᾽ ἐπὶ γήρως ὀδῷ περιφθειρομένους," διπλᾶ τὰ ἱμάτια" ἐμπεπορπημένους; πολλῶν δὲ καὶ δεινῶν κατὰ τὴν πόλιν γιγνομένων, καὶ πάντων τῶν πολιτῶν τὰ μέγιστα ἠτυχηκότων, μάλιστ᾽ ἄν τις ἤλγησε καὶ ἐδάκρυσεν ἐπὶ ταῖς τῆς πόλεως συμφοραῖς, ἡνίχ᾽ ὁρᾶν ἦν τὸν δῆμον ψηφισάμενον τοὺς μὲν δούλους ἐλευθέρους, τοὺς δὲ ξένους ᾿Αθηναίους, τοὺς δ᾽ ἀτίμους ἐπιτίμους" ὃς πρότερον" ἐπὶ τῷ αὐτόχθων εἶναι καὶ ἐλεύθερος ἐ ἐσεμνύνετο. τοσαύτῃ δ᾽ ἡ πόλις ἐκέχρητο μεταβολῇ ὥστε πρότερον μὲν ὑπὲρ τῆς τῶν ἄλλων Ἑλλήνων ἐλευθερίας “ἀγωνί- ζεσθαι, ἐν δὲ τοῖς Τότε χρόνοις ἀγαπᾶν, ἐὰν ὑπὲρ τῆς αὑτῶν σωτηρίας ἀσφαλῶς δύνηται διακινδυ- νεῦσαι," καὶ πρότερον μὲν πολλῆς χώρας τῶν βαρ- βάρων ἐπάρχειν, τότε δὲ πρὸς Μακεδόνας _ ὑπὲρ τῆς ἰδίας κινδυνεύειν" καὶ τὸν δῆμον ὃ ov πρότερον Λακεδαιμόνιοι καὶ Πελοποννήσιοι καὶ οἱ ᾿Ασίαν κατοικοῦντες Ἕλληνες βοηθὸν ἐπεκαλοῦντο, οὗτος ἐδεῖτο τῶν ἐξ "Ανδρόυ καὶ Kéw καὶ Τροζῆνος"

1 Verba τῶν δ᾽ ἀνδρῶν usque ad ἐμπεπορπημένους cit. Suidas (S.v. πεπορπημένος). ταῖς Raed ed ‘cen Fi Kee Te codd,

4 1 ie δὲ τότ᾽ Snidas | “otth it tg

ὀδῷ 'περιφθειρομένους Suidas : οὐδῷ διαφθειρομένους codd. τὰ ἱμάτια] om. Suidas: θαἰμάτια Blass.

on Ὁ & ιὸ ὃ

44.

AGAINST LEOCRATES, 40-42

terror inquiring for the safety of their husbands, fathers or brothers, offering a spectacle degrading to themselves and to the city. The men who had out- lived their stength and were advanced in life, exempt by law from service in the field, could be seen throughout the city, now on the threshold of the grave, wretchedly scurrying with their cloaks pinned double round them. Many sufferings were being visited upon the city; every citizen-had felt mis- fortune at its worst ; but the sight which would most surely have stirred the onlooker and moyed him to tears over the sorrows of Athens was to see the people vote that slaves should be released, that aliens should become Athenians and the disfranchised regain their rights *: the nation that once proudly claimed to be indigenous and free. | The city had suffered a change indeed: She who used once to champion the freedom of her fellow Greeks was now content if she could safely. meet the. dangers that her own defence entailed. In the past she had ruled a wide extent of foreign land ; now she was disputing with Macedon for her own. The people whom Lacedaemonians and Peloponnesians, whom the Greeks of Asia used once to summon to their help,? were now entreating men οἵ Andros, Ceos, Troezen and) Epidaurus:to send

‘@ For this proposal of Hyperides compare § 16 and note.

ὃ Two notable oceasions when Athens sent help to Sparta were, the Third’ Messenian, War (464 3.¢c.) and the campaign of Mantinea (362 B.c.). She had assisted the Asiatic Greeks in the revolt of Aristagoras (6. 498 8.0.) and at the time of the Delian CIE IITs COOH RPO vinsgn

1 ἐπιτίμους Dobree : ἐντίμους codd.

* πρότερον Osann:s, πρῶτον ςοὐᾷ. :- πρὸ τοῦ Reiske.. | | 9 «διακινδυνεῦσαι M : κινδυνεῦσαι A. τυ 10. τιροζῆνος Blass: Τροιζῆνος οο4ἃ. ᾿ 45

LYCURGUS

> 4 > , | ὧν , Ἐπιδαύρου ἐπικουρίαν αὑτῷ μεταπέμψασθαι. σ > + A > a , / ‘ 43 ὥστε, ὦ ἄνδρες, TOV ἐν τοῖς τοιούτοις φόβοις καὶ τηλικούτοις κινδύνοις καὶ τοσαύτῃ αἰσχύνῃ ἐγκάτα- λιπόντα' τὴν πόλιν, καὶ μήτε {τὰν " ὅπλα θέμενον ὑπὲρ τῆς πατρίδος μήτε τὸ σῶμα παρασχόντα /, a a > \ / A / τάξαι τοῖς στρατηγοῖς, ἀλλὰ φυγόντα Kal. προδόντα τὴν τοῦ δήμου σωτηρίαν, τίς ἂν ἢ δικαστὴς φιλό- πολις καὶ εὐσεβεῖν βουλόμενος ψήφῳ ἀπολύσειεν, ἣ ῥήτωρ κληθεὶς τῷ προδότῃ τῆς πόλεως βοηθήσειε, τὸν οὐδὲ συμπενθῆσαι τὰς τῆς πατρίδος συμφορὰς τολμήσαντα, οὐδὲ συμβεβλημένον οὐδὲν εἰς τὴν 44 τῆς πόλεως καὶ τοῦ δήμου σωτηρίαν; καΐτοι κατ᾽ ἐκείνους τοὺς χρόνους οὐκ ἔστιν ἥτις ἡλικία οὐ παρέσχεν" ἑαυτὴν εἰς τὴν τῆς πόλεως σωτηρίαν, ὅθ᾽ ἡ μὲν χώρα τὰ δένδρα “συνεβάλλετο, οἱ δὲ τετελευτηκότες. τὰς θήκας, of δὲ νεῷ τὰ ὅπλα. ἐπεμελοῦντο γὰρ οἱ μὲν τῆς τῶν τειχῶν κατα- σκευῆς, οἱ δὲ τῆς τῶν τάφρων, οἱ δὲ τῆς χαρακώ- > " » ἐὺ 3 ‘ ~ > aA , >> σεως" οὐδεὶς δ᾽ ἦν ἀργὸς τῶν ev TH πόλει. ἐφ ὧν οὐδενὸς τὸ σῶμα τὸ ἑαυτοῦ παρέσχε" τάξαι 45 Λεωκράτης. ὧν εἰκὸς ὑμᾶς. ἀναμνησθέντας τὸν \ a 6 , 5S" κ᾿ ᾽ pete , μηδὲ ovveveyKeiv’® μηδ᾽ ἐπ᾽ ἐκφορὰν ἐλθεῖν ἀξιώ- σαντα τῶν ὑπὲρ τῆς ἐλευθερίας καὶ τοῦ δήμου σωτηρίας ἐν Χαιρωνείᾳ τελευτησάντων θανάτῳ ζημιῶσαι ὡς τὸ ἐπὶ τούτῳ μέρος ἀτάφων ἐκείνων τῶν ἀνδρῶν γεγενημένων" ὧν οὗτος οὐδὲ τὰς θήκας παριὼν ἠσχύνθη, ὀγδόῳ ἔτει τὴν πατρίδα αὐτῶν προσαγορεύων. 4 Περὶ ὧν, ὦ ἄνδρες, μικρῷ πλείω βούλομαι διελθεῖν, καὶ ὑμῶν ἀκοῦσαι δέομαι καὶ μὴ νομίζειν 46

AGAINST LEOCRATES, 42-46

them aid. Therefore, gentlemen, if at a time of fears like these, a time of such great danger and disgrace, there was a deserter from the city, a man who neither took up arms in his country’s defence nor submitted his person to the generals for enrolment but ran away and betrayed the safety of the people, what patriotic juryman with any scruples would vote for his ac- quittal ? What advocate summoned into court would help a traitor to his city? He had not even the grace to share our grief at the misfortunes of his country, and he has made no contribution towards the defence of Athens and our democracy. Yet men of every age offered their services for the city’s defence on that occasion when the land was giving up its trees, the dead their. gravestones,,and the temples arms. Some set themselves to building walls, others to making ditches and palisades. Not a man in the city was idle. Leocrates did not offer himself to be enrolled for a single one of these tasks. You would do well to remember this and punish with death this man who did not even deign to help collect the bodies or attend the funeral of those who at Chaeronea died for freedom and the safety of our people ; for had it rested with him those men would be unburied.’ He was not even ashamed to pass their graves when he greeted their country eight years after.

I wish to say a few words more about these men, gentlemen, and 1 ask you to listen and not regard

1 ἐγκαταλιπόντα Ald.: ἐγκαταλείποντα codd. 27a. add. Es. παρέσχεν Blass (coll. §§ 43,.57, ete.): παρέσχετο codd. 4 νεὼ Melanchthon : νέοι codd. 5 παρέσχε Bekker: παρέσχετο codd. συνενεγκεῖν ὦ : ξυνεγκεῖν Ai: συνεξενεγκεῖν Dobree.

47

LYCURGUS -

ἀλλοτρίους εἶναι τοὺς τοιούτους (λόγους τῶν δημοσίων ἀγώνων": ai γὰρ τῶν ἀγαθῶν ἀνδρῶν εὐλογίαι τὸν ἔλεγχον σαφῆ κατὰ τῶν τἀναντία ἐπιτηδευόντων ποιοῦσιν. ἔτι δὲ καὶ δίκαιον τὸν ἔπαινον, ὃς μόνος ἄθλον τῶν κινδύνων τοῖς ἀγαθοῖς ἀνδράσιν ἐστί, τοῦτον, ἐπειδὴ καὶ ἐκεῖνοι εἰς τὴν κοινὴν. σωτηρίαν τῆς πόλεως τὰς ψυχὰς {τὰς αὑτῶν ἀνήλωσαν," ἐν τοῖς δημοσίοις καὶ κοινοῖς 41 ἀγῶσι τῆς πόλεως. μὴ παραλείπειν." ἐκεῖνοι γὰρ τοῖς πολεμίοις ἀπήντησαν. ἐπὶ τοῖς ὁρίοις τῆς Βοιωτίας ὑπὲρ. τῆς τῶν “Ἑλλήνων - ἐλευθερίας μαχούμενοι, οὐκ €v® τοῖς τείχεσι τὰς ἐλπίδας τῆς σωτηρίας ἔχοντες, οὐδὲ. τὴν χώραν. κακῶς ποιεῖν προέμενοι τοῖς ἐχθροῖς, ἀλλὰ τὴν μὲν αὑτῶν ἀνδρείαν ἀσφαλεστέραν φυλακὴν εἶναι νομίζοντες τῶν λιθίψων περιβόλων, τὴν δὲ θρέψασαν αὑτοὺς 48 αἰσχυνόμενοι πέριορᾶν πορθουμένην, εἰκότως: ὥσ- περ γὰρ πρὸς τοὺς φύσει γεννήσαντας Kal τοὺς ποιητοὺς τῶν πατέρων οὐχ ὁμοίως "ἔχουσιν ἅπαντες ταῖς. εὐνοίαις, οὕτω καὶ πρὸς τὰς χώρας τὰς [154] μὴ, φύσει. προσηκούσας, ἀλλ᾽. ὕστερον ἐπικτήτους γενομένας καταδεέστερον διάκεινται. . τοιαύταις δὲ γνώμαις. χρησάμενοι καὶ τοῖς ἀρίστοις ἀνδράσιν. ἐξ ἴσου; τῶν «κινδύνων μετασχόντες, οὐχ. ὁμοίως. τῆς τύχης ἐκοινώνησαν: τῆς γὰρ ἀρετῆς οὐ ζῶντες ἀπολαύουσιν, ἀλλὰ τελευτήσαντες τὴν δόξαν κατα- λελοίπασιν,᾽.. οὐχ ἡττηθέντες, ἀλλ᾽ ἀποθανόντες ἔνθαπερ ἐτάχθησαν" ὑπὲρ τῆς ἐλευθερίας. ἀμύνον- 0 τες. εἰ δὲ δεῖ καὶ παραδοξότατον μὲν εἰπεῖν, ἀληθὲς δέ, ἐκεῖνοι νικῶντες ἀπέθανον. ἃ" γὰρ 1 λόγους adds Relske, 5. ἀγώνων Reiske : ἀγῶνας codd. . 48

AGAINST LEOCRATES, 46-49

such pleas as out of keeping with public trials. For the praise.of brave men provides an unanswerable refutation of all whose conduct is opposed to theirs. And it-is fair too that that praise which is to them the only reward for danger should be remembered at the public trials in which the entire city shares, since it was for her safety as a whole that they for- feited their lives. Those men encountered the enemy on the borders of Boeotia, to fight for the freedom of Greece. They neither rested their hopes of safety on city walls nor surrendered their lands for the foe to devastate. Believing that their own courage was a surer protection than battlements of stone, they held it a disgrace to see the land that reared them wasted. And they were right. Men do not hold their foster parents so dear as their own fathers, and so towards countries which are not their own but which have been adopted during their lifetime they feel a weaker loyalty. In such a spirit did these men bear their share of dangers with a courage unsurpassed ; but their prowess was not equalled by their fortune. For they have not lived to reap the enjoyment of their valour; they died and have bequeathed their glory in its stead. Un- conquered, they fell at their posts in the defence of freedom, and if I may use a paradox but one which yet conveys the truth, they triumphed in their death.

3 τὰς add. Baiter et Sauppe.

4 ἀνήλωσαν Muretus : ἀνάλωσαν codd.

9 παραλείπειν Es: παραλιπεῖν codd.

5. ἐν Es: ἐπὶ

7 καταλελοίπασιν Bekker : ἐγκαταλελοίπασιν codd.

ν renga ἐτάχθησαν Markland : ἔνθα παρετάχθησαν « codd.

Pindicst τῷ ταῦτ᾽ eer oa Coraes: τὰ... ταῦτα yap ἀμφό- τερα ‘codd. : τὰ yap... ταῦτ᾽ dpa Rehdantz.

VOL. II c 49

LYCURGUS

> ~ , a > b. ig , 3 ΄ ἄθλα τοῦ πολέμου τοῖς ἀγαθοῖς ἀνδράσιν ἐστίν, 2r ld ‘ > ,ὔ a > > / ~ ἐλευθερία καὶ ἀρετή, ταῦτ᾽ ἀμφότερα τοῖς τελευ- τήσασιν ὑπάρχει. ἔπειτα δ᾽ οὐδ᾽ οἷόν τ᾽ ἐστὶν εἰπεῖν ἡττῆσθαι τοὺς" ταῖς διανοίαις μὴ πτήξαντας τὸν τῶν ἐπιόντων φόβον. μόνους γὰρ τοὺς ἐν τοῖς πολέμοις καλῶς ἀποθνήσκοντας οὐδ᾽ ἂν εἷς ἡττῆσθαι δικαίως φήσειε: τὴν γὰρ δουλείαν φεύ- οντες εὐκλεᾶ θάνατον αἱροῦνται. ἐδήλωσε δ᾽ ἡ )

~ A 7 ~ 50 τούτων τῶν ἀνδρῶν ἀρετή" μόνοι yap τῶν ἁπάντων

5

—

τὴν τῆς Ἑλλάδος ἐλευθερίαν ἐν τοῖς ἑαυτῶν σώ- μασιν εἶχον. ἅμα γὰρ οὗτοί τε τὸν βίον μετήλ- λαξαν καὶ τὰ τῆς Ἑλλάδος εἰς δουλείαν μετέπεσεν" ᾽ὔ ‘ a / 3 ε ~ ἄλλ

συνετάφη γὰρ τοῖς τούτων σώμασιν ἡ τῶν ἄλλων Ἑλλήνων ἐλευθερία. ὅθεν καὶ φανερὸν πᾶσιν ἐποίησαν οὐκ ἰδίᾳ πολεμοῦντες ἀλλ᾽ ὑπὲρ κοινῆς ἐλευθερίας προκινδυνεύοντες. ὥστε, ὦ ἄνδρες, οὐκ (ἂν)" αἰσχυνθείην εἰπὼν στέφανον τῆς πατρίδος εἶναι τὰς ἐκείνων ψυχάς. καὶ δι᾿ ἃ οὐκ ἀλόγως" ἐπετήδευον ἐπίστασθε, ὦ ᾿Αθηναῖοι, μόνοι τῶν «ε ΄ \ > ἧς Ν « ’

Ἑλλήνων τοὺς ἀγαθοὺς ἄνδρας τιμᾶν: εὑρήσετε δὲ παρὰ μὲν τοῖς ἄλλοις ἐν ταῖς ἀγοραῖς ἀθλητὰς ἀνακειμένους, παρ᾽ ὑμῖν δὲ στρατηγοὺς ἀγαθοὺς καὶ τοὺς τὸν τύραννον ἀποκτείναντας. καὶ τοιού-

A ΝΜ ὃ δ᾽ > ε - “EAA (ὃ

τους μὲν ἄνδρας οὐδ᾽ ἐξ ἁπάσης τῆς άδος ὀλίγους εὑρεῖν ῥάδιον, τοὺς δὲ τοὺς στεφανίτας ἀγῶνας νενικηκότας εὐπετῶς πολλαχόθεν ἔστι γεγονότας ἰδεῖν. ὥσπερ τοίνυν τοῖς εὐεργέταις μεγίστας τιμὰς ἀπονέμετε, οὕτω δίκαιον" καὶ τοὺς

1 ἡττῆσθαι τοὺς Taylor: ἥττης αἰτίους τοὺς codd. 2 ἂν add. Bekker. 3 Post ἀλόγως add. ἀνδρείαν Blass. 4 δίκαιον] δίκαιοι Blass, qui καὶ secl.

50

AGAINST LEOCRATES, 49-51

For liberty and courage, the prizes offered to brave men in war, are both in the possession of the dead ; neither can we say that men have been defeated whose spirits did not flinch at the aggressor’s threat. For ft is only those who meet an honourable end in war whom no man justly could call beaten, since by the choosing of a noble death they are escaping slavery. The courage of these men has made this plain. They alone among us all held in their persons the liberty of Greece. For at the very moment when they passed away her lot was changed to servitude. With the bodies of these men was buried the freedom of every other Greek, and thus they proved it to the world that they were fighting for no private ends but facing danger fot our common liberty. I therefore say with- out misgiving that their lives have been a laurel wreath for Athens. They had good reason for their conduct,* since you, Athenians, alone among Greeks know how to honour valiant men. In other cities, you will find, it is the athletes who have their statues in the market place, whereas in yours it is victorious generals and the slayers of the tyrants : men whose like it is hard to find though we search the whole of Greece for but a few, whereas the winners of contests for a wreath have come from many places and can easily be seen. It is then only right, since you pay the highest honours to your benefactors, that you

* The text of this e has been se. a because (a) the words &’ ἃ are difficult to understand; (δ) there is no object for ἐπετήδευον. But (a) δι’ ἃ can be taken to refer to what follows in this sense: ‘‘ Moreover,—and here is the justification for their conduct,—you alone know, etc.” ; (5) although ἐπιτηδεύω normally takes an object, at least the pees ρων, τ ean be used absolutely. I have therefore ventured to leave the text as it stands.

51

LYCURGUS

τὴν πατρίδα καταισχύνοντας Kal προδιδόντας ταῖς ἐσχάταις τιμωρίαις κολάζειν. δ8 Σκέψασθε δ᾽, ὦ ἄνδρες, ὅτι οὐδ᾽ ev’ ὑμῖν ἐστιν 3 Ψ , ‘ A ’ ἀποψηφίσασθαι Λεωκράτους τουτουί, τὰ δίκαια “- a ‘ ποιοῦσι. τὸ yap ἀδίκημα τοῦτο κεκριμένον ἐστὶ καὶ hci thi ἡ μὲν yap ev” ᾿Αρείῳ πάγῳ βουλή (καὶ μηδείς μοι θορυβήσῃ:" ταύτην γὰρ ὑπο- λαμβάνω μεγίστην τότε γενέσθαι τῇ πόλει σω- τηρίαν) τοὺς φυγόντας" τὴν πατρίδα καὶ ἐγκατα- λιπόντας τότε τοῖς πολεμίοις" λαβοῦσα ἀπέκτεινε. ,ὔ > \ y Α ᾿ ~ ” καίτοι, ὦ ἄνδρες, μὴ νομίζετε τοὺς τὰ τῶν ἄλλων φονικὰ ἀδικήματα ὁσιώτατα δικάζοντας αὐτοὺς ἂν εἴς τινα τῶν πολιτῶν τοιοῦτόν τι παρανομῆσαι. 53 ἀλλὰ μὴν Αὐτολύκου μὲν" ὑμεῖς κατεψηφίσασθε, μείναντος. μὲν αὐτοῦ ἐν τοῖς κινδύνοις, ἔχοντος δ᾽ αἰτίαν τοὺς υἱεῖς καὶ τὴν γυναῖκα. ὑπεκθέσθαι, καὶ ἐτιμωρήσασθε." Kaitou εἰ τὸν τοὺς ἀχρήστους εἰς τὸν πόλεμον ὑπεκθέσθαι αἰτίαν ἔχοντα ἐτιμωρή- σασθε, τί δεῖ πάσχειν ὅστις ἀνὴρ ὧν οὐκ ἀπέδωκε \ a a i » A ε ~ ᾿ τὰ τροφεῖα τῇ πατρίδι; ἔτι δὲ 6 δῆμος δεινὸν « / ‘ / > / 2. ἡγησάμενος εἶναι τὸ γιγνόμενον ἐψηφίσατο ἐνόχους εἶναι τῇ προδοσίᾳ τοὺς φεύγοντας τὸν ὑπὲρ τῆς πατρίδος κίνδυνον, ἀξίους εἶναι νομίζων τῆς 54 ἐσχάτης τιμωρίας. ἃ δὴ κατέγνωσται > παρὰ τῷ δικαιοτάτῳ συνεδρίῳ, κατεψήφισται ὃ i ὑμῶν τῶν δικάζειν λαχόντων, ὁμολογεῖται δὲ παρὰ 5 ὁ 008" ev Taylor: οὐδὲν codd. : οὐδ᾽ ἐφ᾽ Bekker. ev Bekker: ἐπ᾽ codd. “ » Joplutes A. G. Becker : φεύγοντας codd,

4 τοῖς πολεμίοις Bekker: τοὺς πολεμίους codd.: ὡς πολε- μίους Ald. 5 μὲν] ye Gebauer.

52

AGAINST LEOCRATES, 51-54

should also punish with the utmost rigour those who dishonour and betray their country.

You should bear in mind, gentlemen, that it is not even in your power, unless you go beyond your rights, to acquit this man Leocrates, since his offence has had judgement passed uponit and a vote of condemna- tion too. For the couneil of the Areopagus ;—(No one need interrupt me. That council was, in my opinion, the greatest bulwark of the city at the time ἢ) —seized and executed men who then had fled from their country and abandoned it to the enemy. You must not think, gentlemen, that these councillors who are so scrupulous in trying other men for homicide would themselves have taken the life of any citizen unlawfully. Moreover you condemned Autolycus 4 and punished him because, though he himself had faced the dangers, he was charged with secretly send- ing his wife and sons away. Yet if you punished him when his only crime was that he had sent away persons useless for war, what should your verdict be on one who, though a man, did not pay his country the price of his nurture? The people also, who looked with horror upon what was taking place, decreed that those who were evading the danger which their country’s defence involved were liable for treason, meriting in their belief the extreme penalty. When therefore certain actions have been censured by the most impartial council and condemned by you who were the judges appointed by lot, when they have been recognized by the people as demanding the severest

® For the trial of Autolycus compare Lycurg. frag. 9 and note.

6 κα ἐτιμωρήσασθε) del. Dobree.

53

δῦ

[155]

LYCURGUS

‘ ” P τῷ δήμῳ τῆς “μεγίστης ἄξια εἶναι τιμωρίας, τού- τοις ὑμεῖς ἐναντία Ψψηφιεῖσθεξ; πάντων ap” ἀνθρώπων ἔσεσθε ἀγνωμονέστατοι καὶ ἐλαχίστους ἕξετε τοὺς ὑπὲρ ὑμῶν αὐτῶν κινδυνεύοντας.

Ὡς μὲν οὖν ἔνοχός ἐστι τοῖς εἰσηγγελμένοις ἅπασιν, ὦ ἄνδρες, Λεωκράτης φανερόν ἐστι" πυνθάνομαι δ᾽ αὐτὸν ἐπιχειρήσειν ὑμᾶς ἐξαπατᾶν λέγοντα, ὡς ἔμπορος ἐξέπλευσε καὶ κατὰ ταύτην τὴν ἐργασίαν ἀπεδήμησεν εἰς Ῥόδον. ἐὰν οὖν ταῦτα λέγῃ, ἐνθυμεῖσθ᾽ ᾧ" ῥᾳδίως λήψεσθ᾽ αὐτὸν ψευδόμενον. πρῶτον μὲν γὰρ οὐκ ἐκ τῆς ἀκτῆς κατὰ τὴν πυλίδα ἐμβαίνουσιν οἱ κατ᾽ ἐμπορίαν πλέοντες ἀλλ᾽ εἴσω" τοῦ λιμένος, ὑπὸ πάντων τῶν φίλων ὁρώμενοι καὶ ἀποστελλόμενοι: ἔπειτα οὐ μετὰ τῆς ἑταίρας καὶ τῶν θεραπαινῶν ἀλλὰ μόνοι,

56 μετὰ παιδὸς τοῦ διακονοῦντος. πρὸς δὲ τούτοις

δ7

τί προσῆκεν ἐν Μεγάροις τὸν ᾿Αθηναῖον ὡς" ἔμπορον πέντε ἔτη κατοικεῖν καὶ τὰ ἱερὰ τὰ πατρῷα" μετακομίζεσθαι καὶ τὴν οἰκίαν τὴν ἐνθάδε πωλεῖν, εἰ μὴ κατεγνώκει τε αὑτοῦ προδεδωκέναι τὴν πατρίδα καὶ μεγάλα πάντας ἠδικηκέναι i ὃ καὶ πάντων γένοιτ᾽ ἂν ἀτοπώτατον, εἰ περὶ ὧν αὐτὸς προσεδόκα τεύξεσθαι τιμωρίας, ταῦθ᾽ ὑμεῖς ἀπο- λύσαιτε, κύριοι γενόμενοι τῆς ψήφου. χωρὶς δὲ τούτων οὐχ ἡγοῦμαι δεῖν ἀποδέχεσθαι ταύτην τὴν ἀπολογίαν. πῶς γὰρ οὐ δεινὸν τοὺς μὲν ἐπ᾽ ἐμπορίαν ἀποδημοῦντας σπεύδειν ἐπὶ τὴν τῆς πόλεως βοήθειαν, τοῦτον δὲ μόνον ἐν τοῖς τότε καιροῖς καὶ κατ᾽ ἐργασίαν ἐκπλεῖν, ἡνίκα οὐδ᾽ ἂν 1 ἄρ᾽ Heinrich (coll. §§ 97, 78) : γὰρ codd.

3 &] ὡς Baiter. 3 εἴσω Sauppe: εἰσὶ codd.: ἐκ Ald. 4 μόνοι Ald. : μόνος codd. 5 ὡς] del. Bekker.

54

AGAINST LEOCRATES, 54-57

punishment, will you give a verdict which opposes all these views? If you do, you will be the most un- conscionable of men and will have few indeed ready to risk themselves in your defence,

It is now clear, gentlemen, that Leocrates is liable under all the articles of the indictment. He will, I gather, try to mislead you bysaying that it was merely as a merchant that he departed on this voyage and that the pursuance of this calling took him from his home to Rhodes. So if he says this, please take note how you may easily expose his lies. The first point is that men travelling as merchants do not leave by the postern on the beach ; they embark inside the harbour with all their friends watching to see them off. Secondly, they go alone with their attendant slave, not with their mistress and her maids. Besides, what need had this Athenian to stay five years in Megara as a merchant? What need had he to send for the sacred images of his family or to sell his house in Athens? The answer is that he had condemned himself as a traitor to his country, as a criminal who had greatly wronged us all. -It would be incongruous indeed if you, with the decision in your power, were to dismiss this charge on which he was himself expecting punishment. But quite apart from these objections, we need not, I think, admit this line of defence. For surely it is outrageous, when men abroad on business were hurrying to the city’s help, that Leocrates alone should sail away at such a time for purposes of trade, since no one would then

® πατρῷα Schoemann : πάτρια codd. 1 ἀπολύσαιτε Dobree : ἀπολύσετε codd. 8 én’ ἐμπορίαν edd.: ἐπὶ ἐμπορίαν codd.: ἐπὶ ἐμπορίᾳ Stephanus: κατ᾽ ἐμπορίαν Es. 55

58

59

60

LYCURGUS

els προσκτήσασθαι οὐδὲν av ἐζήτησεν, ἀλλὰ τὰ ὑπάρχοντα μόνον διαφυλάξαι; ἡδέως δ᾽ ἂν αὐτοῦ πυθοίμην τίν᾽ ἐμπορίαν εἰσάγων χρησιμώτερος ἐγένετο ἂν τῇ πόλει τοῦ παρασχεῖν τὸ σῶμα τάξαι τοῖς στρατηγοῖς καὶ τοὺς ἐπιόντας ἀμύνασθαι μεθ᾽ ὑμῶν μαχόμενος. ἐγὼ μὲν οὐδεμίαν ὁρῶ τηλι- / s / ” > > ‘ > / καύτην οὖσαν βοήθειαν. ἄξιον δ᾽ ἐστὶν οὐ μόνον 7 A A \ = > / 4 > ‘A ‘ αὐτῷ διὰ τὴν πρᾶξιν ὀργίζεσθαι ταύτην, ἀλλὰ Kai διὰ τὸν λόγον τοῦτον. φανερῶς γὰρ ψεύδεσθαι τετόλμηκεν. οὔτε γὰρ πρότερον οὐδεπώποτε ἘΣ ἐπα. a > , > > πον ἐγένετο ἐπὶ ταύτης τῆς ἐργασίας, ἀλλ᾽ ἐκέκτητο , » pa PE 4, γον > / χαλκοτύπους, οὔτε τότ᾽ ἐκπλεύσας οὐδὲν εἰσήγαγεν ” ~ ἐκ Μεγάρων, ἕξ ἔτη συνεχῶς ἀποδημήσας. ἔτι δὲ καὶ {τῆς πεντηκοστῆς μετέχων ἐτύγχανεν, ἣν οὐκ ἂν καταλιπὼν κατ᾽ ἐμπορίαν ἀπεδήμει." ὥστ᾽ ἂν μέν τι περὶ τούτων λέγῃ, οὐδ᾽ ὑμᾶς ἐπι- ~ , τρέψειν αὐτῷ νομίζω. - ΨΝ δ ee al ‘ Xr , , Ηξει δ᾽ ἴσως ἐπ᾽ ἐκεῖνον τὸν λόγον φερόμενος, ὃν αὐτῷ συμβεβουλεύκασί τινες τῶν συνηγόρων, ὡς οὐκ ἔνοχός ἐστι τῇ προδοσίᾳ" οὔτε γὰρ νεωρίων κύριος οὔτε πυλῶν οὔτε στρατοπέδων οὔθ᾽ ὅλως ~ ~ / > - τῶν τῆς πόλεως οὐδενός. ἐγὼ δ᾽ ἡγοῦμαι τοὺς μὲν τούτων κυρίους μέρος ἄν τι προδοῦναι τῆς ὑμετέρας δυνάμεως, τουτονὶ δ᾽ ὅλην ἔκδοτον ποιῆσαι τὴν πόλιν. ἔτι δ᾽ οἱ μὲν τοὺς ζῶντας , > ὃ “- ὃ ὃ / or δὲ ‘ \ μόνον ἀδικοῦσι προδιδόντες, οὗτος δὲ Kal τοὺς , \ — a , e778 “- τετελευτηκότας [Kal τὰ ἐν τῇ χώρᾳ ἱερά, τῶν , ~ ¢ A πατρῴων νομίμων ἀποστερῶν. καὶ ὑπὸ μὲν » / “- > - nn , UA ἐκείνων προδοθεῖσαν οἰκεῖσθαι ἂν συνέβαινε δούλην 56

AGAINST LEOCRATES, 57-60

have thought of adding to his wealth. Men’s only care was to preserve what they already had. I should like Leocrates to tell me what merchandise he could have brought us to render him more useful than he would have been, had he presented himself before the generals for enrolment and resisted the invaders by fighting at your sides. Personally I know no help to equal this. He deserves your anger for this conduct and for his explanation too, since he has not hesitated to tell a blatant lie. For he never previously carried on this trade, being in fact a master smith; and subsequently, after his departure, he imported nothing to us from Megara, though he was away for six years without a break. Besides, he had, as it happens, an interest in the two per cent tax,* which he would never have left to live abroad on business. So if he says a word about these matters, I do not doubt that you will stop him.

He will perhaps in his impetuosity raise the argu- ment, suggested to him by certain of his advocates, that he is not liable on a charge of treason, since he was not responsible for dockyards, gates or camps, nor in fact for any of the city’s concerns. My own view is that those in charge of these positions could have be- trayed a part of your defences only, whereas it was the whole city which Leocrates surrendered. Again, it is the living only whom men of their kind harm, but Leo- crates has wronged the dead as well, depriving them of their ancestral rites. Had the city been betrayed by them it would have been inhabited though en-

® For the two per cent tax see § 19 and note.

1 τῆς add. Heinrich. 3 ἀπεδήμει, ut vid., A corr. : ἐπεδήμει cett. καὶ .. . ἱερά del. Herwerden.

57

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οὖσαν τὴν πόλιν, dv Se τρόπον οὗτος ἐξέλιπεν, ἀοίκητον ἂν γενέσθαι. ἔτι δ᾽ ἐκ μὲν τοῦ κακῶς πράττειν τὰς πόλεις μεταβολῆς τυχεῖν ἐπὶ τὸ βέλτιον εἰκός ἐστιν, ἐκ δὲ τοῦ παντάπασι γενέσθαι ἀναστάτους" καὶ τῶν κοινῶν ἐλπίδων στερηθῆναι. ὥσπερ γὰρ ἀνθρώπῳ ζῶντι μὲν ἐλπὶς ἐκ τοῦ κακῶς πρᾶξαι μεταπεσεῖν, τελευτήσαντι δὲ συν- αναιρεῖται πάντα δι’ ὧν ἄν τις εὐδαιμονήσειεν, οὕτω καὶ περὶ Tas πόλεις συμβαίνει πέρας ἔχειν τὴν ἀτυχίαν, ὅταν ἀνάστατοι γένωνται. εἰ γὰρ δεῖ τὴν ἀλήθειαν εἰπεῖν, πόλεώς ἐστι θάνατος ἀνά- στατον γενέσθαι. τεκμήριον δὲ μέγιστον: ἡμῶν γὰρ ἡ πόλις. τὸ μὲν παλαιὸν ὑπὸ τῶν τυράννων κατεδουλώθη, τὸ δ᾽ ὕστερον ὑπὸ τῶν τριάκοντα, καὶ ὑπὸ Λακεδαιμονίων τὰ τείχη καθῃρέθη: καὶ ἐκ τούτων ὅμως ἀμφοτέρων ἠλευθερώθημεν καὶ τῆς τῶν Ἑλλήνων εὐδαιμονίας ἠξιώθημεν προστάται

> ov > > 7 62 γενέσθαι. ἀλλ᾽ οὐχ ὅσαι πώποτ᾽ ἀνάστατοι γεγό-

68

“ ,ὔ > - νασι. τοῦτο μὲν γάρ, εἰ καὶ παλαιότερον εἰπεῖν ἐστι, τὴν Τροίαν τίς οὐκ ἀκήκοεν ὅτι μεγίστη γεγενημένη τῶν τότε πόλεων καὶ πάσης ἐπάρ-

“- 3 / « σ ς \ ~ « ,ὔ aca τῆς ᾿Ασίας, ὡς ἅπαξ ὑπὸ τῶν “Ἑλλήνων κατεσκάφη, τὸν αἰῶνα ἀοίκητός ἐστι; τοῦτο δὲ Μεσσήνην πεντακοσίοις ἔτεσιν ὕστερον ἐκ τῶν τυχόντων ἀνθρώπων συνοικισθεῖσαν;

Ἴσως οὖν τῶν συνηγόρων αὐτῷ τολμήσει τις

1 δὲ, quod supra post δούλην habent codd., huc transtulit Reiske.

2 ἀναστάτους Reiske: ἀνάστατον codd.

3 συναναιρεῖται] συνανήρηται Blass. 4 Μεσσήνην Melanchthon : Μεσήνην codd,

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AGAINST LEOCRATES, 60-63

slaved, but left as this man left it, it would have been deserted. Moreover, after suffering hardships cities may well expect to see a change to better times, but with complete destruction even the hopes common to every city are taken from them. A man, if he but lives, has still a prospect of change from evil fortunes, but at his death there perishes with him every means by which prosperity could come. And so it is with cities ; their misfortune reaches its limit when they are destroyed. Indeed, the plain fact is that for a city destruction is like death. Let us take the clearest illustration. Our city was enslaved® in earlier times by the tyrants and later by the Thirty, when the walls were demolished by the Spartans. Yet we were freed from both these evils and the Greeks approved us as the guardians of their welfare. Not so with any city which has ever been destroyed. First, though it is to quote a rather early case, remember Troy. Who has not heard how, after being the greatest city of her time and ruling the whole of Asia, she was deserted for ever when once the Greeks had razed her? Think of Messene too, established again as a city five hundred years after from men of indiscriminate origin.”

Perhaps one of his advocates will dare to belittle

@ By the Pisistratids from 6. 560 to 510 and by the Thirty from 404 to 403. The walls were destroyed in 404.

> If by these words Lycurgus means five hundred years after it was destroyed, as he presumably does, he is being very inaccurate. Messene was founded in 369 by Epaminon- das and its previous destruction is most naturally assigned to the Second Messenian War (mid-seventh century). Even the beginning of the First Messenian War, in which the Spartans conquered the country, cannot be placed much

earlier than 720, i.e. only 350 years before. See Dinarch. i. 73 and note. 59

LYCURGUS

εἰπεῖν, μικρὸν τὸ πρᾶγμα ποιῶν, ὡς οὐδὲν ἂν παρ᾽ [156] ἕνα ἄνθρωπον ἐγένετο τούτων: καὶ οὐκ αἰσχύ- vovta’ τοιαύτην ἀπολογίαν ποιούμενοι πρὸς ὑμᾶς, ἐφ᾽ ἣ δικαίως ἂν ἀποθάνοιεν. εἰ μὲν γὰρ ὁμολο- γοῦσι τὴν πατρίδα αὐτὸν ἐκλιπεῖν, τοῦτο συγχωρή- σαντες ὑμᾶς ἐώντων" διαγνῶναι περὶ τοῦ μεγέθους" εἰ δ᾽ ὅλως μηδὲν τούτων πεποίηκεν, οὐ μανία δή που τοῦτο λέγειν, ὡς οὐδὲν ἂν γένοιτο" παρὰ 64 τοῦτον; ἡγοῦμαι δ᾽ ἔγωγε, ὦ ἄνδρες, τοὐναντίον τούτοις, παρὰ τοῦτον εἶναι τῇ πόλει τὴν σωτηρίαν.

ἡ γὰρ πόλις οἰκεῖται κατὰ τὴν ἰδίαν ἑκάστου μοῖραν φυλαττομένη" ὅταν οὖν ταύτην ἐφ᾽ ἑνός τις παρίδῃ, λέληθεν ἑαυτὸν ἐφ᾽ ἁπάντων τοῦτο πεποιηκώς. καίτοι ῥᾷδιόν ἐστιν, ὦ ἄνδρες, πρὸς τὰς τῶν ἀρχαίων νομοθετῶν διανοίας ἀποβλέψαντας 65 τὴν ἀλήθειαν εὑρεῖν. ἐκεῖνοι γὰρ οὐ τῷ μὲν ἑκατὸν τάλαντα κλέψαντι θάνατον ἔταξαν, τῷ δὲ δέκα δραχμὰς ἔλαττον ἐπιτίμιον: οὐδὲ τὸν μὲν μεγάλα ἱεροσυλήσαντα ἀπέκτεινον, τὸν δὲ μικρὰ ἐλάττονι τιμωρίᾳ ἐκόλαζον: οὐδὲ τὸν μὲν οἰκέτην ἀποκτείναντα ἀργυρίῳ ἐζημίουν, τὸν δὲ ἐλεύθερον εἶργον τῶν νόμων ἀλλ᾽ ὁμοίως ἐπὶ πᾶσι καὶ τοῖς ἐλαχίστοις παρανομήμασι θάνατον ὥρισαν εἶναι τὴν 66 ζημίαν. οὐ γὰρ πρὸς τὸ ἴδιον ἕκαστος αὐτῶν ἀπέβλεπε τοῦ γεγενημένου πράγματος, οὐδ᾽ ἐν- τεῦθεν τὸ μέγεθος τῶν ἁμαρτημάτων ἐλάμβανον, ἀλλ᾽ αὐτὸ ἐσκόπουν τοῦτο, εἰ πέφυκε τὸ ἀδίκημα

3 αἰσχύνονται) αἰσχυνοῦνται Es. Ἁ ἐώντων Es: ἐάτωσαν. codd.

3 ay γένοιτο, Halm : : ἂν γένηται codd.: ἂν γίψνοιτο Blass: γεγένηται aut ἂν ἐγένετο Bekker.

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AGAINST LEOCRATES, 63-66

the offence and say that none of these misfortunes could have resulted from the action of one. man. They are not ashamed to make before you the kind of plea for which they deserve to die. For if they admit that he deserted his country, once they have granted this, let them leave it to you to deter- mine the seriousness of the offence; and even if he has committed none of these crimes, surely it is madness to say that this one man could cause no harm. Personally, gentlemen, I think the opposite is true: the safety of the city rested with this man. For the city’s life continues only if each one guards her by personally doing his duty; and if a man neglects his duty in a single aspect, he has, un- wittingly, neglected it entirely. But it is easy, gentlemen, to ascertain the truth by referring to the attitude of the early lawgivers. It was not their way, when prescribing the death penalty for the thief who stole a hundred talents, to approve a punishment less severe for one who took ten drachmas. Again with sacrilege: for a great offence they inflicted death, and for a small one too they had no milder punish- ment. They did not differentiate between him who killed a slave and him who killed a free man, by fining one and outlawing the other. For all breaches of the law alike, however small, they fixed upon the death penalty, making no special allowances, in their assessment of the magnitude of crimes, for the individual circumstances of each. On one point only they insisted : was the crime such that, if it became

4 τρῦτον Ald. : τοῦτο codd.

5 παρίδῃ Ald. : παρίδοι codd. ἀπέκτεινον Coraes : ἀπέκτειναν codd.

7 νόμων] νομίμων Stephanus.

61

67

68

69

70

LYCURGUS

τοῦτο ἐπὶ πλεῖον ἐλθὸν μέγα βλάπτειν τοὺς ἀνθρώ- πους. καὶ γὰρ ἄτοπον ἄλλως πως περὶ τούτου ἐξετάζειν. φέρε γάρ, ὦ ἄνδρες, εἴ τις ἕνα νόμον εἰς τὸ Μητρῷον ἐλθὼν ἐξαλείψειεν, εἶτ᾽ ἀπολογοῖτο ὡς οὐδὲν παρὰ τοῦτον τῇ πόλει ἐστίν, ἄρ᾽ οὐκ ἂν ἀπεκτείνατ᾽ αὐτόν; ἐγὼ μὲν οἶμαι δικαίως, εἴπερ ἐμέλλετε καὶ τοὺς ἄλλους σῴζειν. τὸν αὐτὸν τοίνυν τρόπον κολαστέον ἐστὶ τοῦτον, εἰ μέλλετε τοὺς ἄλλους πολίτας βελτίους ποιήσειν. καὶ οὐ τοῦτο “λογιεῖσθε, εἰ εἷς ἐ ἐστι μόνος ἅνθρωπος," ἀλλ᾽ εἰς τὸ πρᾶγμα." ἐγὼ μὲν γὰρ “ἡγοῦμαι. τὸ μὴ πολλοὺς τοιούτους γενέσθαι ἡμέτερον εὐτύχημα εἶναι, τοῦτον μέντοι διὰ τοῦτο" μείζονος τιμωρίας ἄξιον εἶναι τυχεῖν, ὅτι “μόνος τῶν ἄλλων πολιτῶν οὐ κοινὴν ἀλλ᾽ ἰδίαν τὴν σωτηρίαν ἐζήτησεν. ᾿Αγανακτῶ δὲ μάλιστα, ὦ ἄνδρες, ἐπειδὰν ἀκούσω τῶν μετὰ τούτου τινὸς λέγοντος ὡς οὐκ ἔστι τοῦτο «προδιδόναι, εἴ τις ᾧχετο ἐκ τῆς πόλεως" καὶ γὰρ οἱ πρόγονοί ποθ᾽ ὑμῶν" τὴν πόλιν κατα- λιπόντες, ὅτε πρὸς “Ξέρξην ἐπολέμουν, εἰς Σαλαμῖνα διέβησαν. καὶ οὕτως ἐστὶν ἀνόητος καὶ παντά- πασιν ὑμῶν καταπεφρονηκὼς ὥστε τὸ κάλλιστον τῶν ἔργων πρὸς τὸ αἴσχιστον συμβαλεῖν ἠξίωσε. ποῦ γὰρ οὐ περιβόητος ἐκείνων τῶν ἀνδρῶν ἡ ἀρετὴ γέγονε; τίς δ᾽ οὕτως ἢ φθονερός ἐστιν ἢ παντάπασιν ἀφιλότιμος, ὃς οὐκ ἂν εὔξαιτο τῶν ἐκείνοις πεπραγμένων μετασχεῖν; οὐ γὰρ τὴν πόλιν ἐξέλιπον ἀλλὰ τὸν τόπον μετήλλαξαν, πρὸς τὸν ἐπιόντα κίνδυνον καλῶς βουλευσάμενοι. *Ered- 2 ἄνθρωπος Blass: ὁ ἄνθρωπος codd.

2 εἰς τὸ πρᾶγμα] obelis ; inclusit Blass: οἷον τὸ πρᾶγμα Bekker : alii alia. 8 διὰ τοῦτο] om. A pr., secl. Blass.

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AGAINST LEOCRATES, 66-70

more widespread, it would do serious harm to society? And it is absurd to face this question in any other way. Just imagine, gentlemen. Suppose someone had entered the Metroén “and erased one law and then excused himself on the grounds that the city was not endangered by the loss of just this one. Would you not have killed him? 1 think you would have been justified in doing so, at least if you intended to save the other laws. The same applies here: you must punish this man with death if you intend to make the other citizens better, oblivious of the fact that he is only one. You must consider the act. There are not many like him. In my opinion we have our good fortune to thank for that ; but Leocrates, I, think, deserves a more severe punishment on this account, since he alone of his fellow citizens sought safety for himself rather than for the city.

Nothing angers me so much, gentlemen, as to hear some person among his supporters saying that to have left the city is not treason, since your ancestors once left it when they crossed to Salamis during their war with Xerxes : a critic so senseless and contemptuous of you that he has presumed to confuse the most honourable action with the most base. For where have men not proclaimed the valour of those heroes ? Who is so grudging, who so completely without spirit, that he would not wish to have shared in their exploits ? They did not desert Athens ; they simply changed the scene, making an honourable decision in the face of the growing menace. Eteonicus the

« The Metroén or temple of Cybele, which stood in the market place, contained the state archives. Cf. Dem. xix. 129.

4 ὑμῶν A pr.: ἡμῶν cett. 63

LYCURGUS

νικος μὲν yap ὁ Λακεδαιμόνιος Kal ᾿Αδείμαντος ὁ Κορίνθιος καὶ τὸ Αἰγινητῶν ναυτικὸν ὑπὸ νύκτα τὴν σωτηρίαν αὑτοῖς ἔμελλον πορίζεσθαι: ἐγκαταλειπό- μενοι δ᾽ οἱ πρόγονοι ὑπὸ πάντων τῶν ᾿λλήνων βίᾳ καὶ τοὺς ἄλλους ἠλευθέρωσαν, ἀναγκάσαντες ἐν Σαλαμῖνι μεθ᾽ αὑτῶν πρὸς τοὺς βαρβάρους ναυμαχεῖν. μόνοι δ᾽ ἀμφοτέρων περιγεγόνασι, καὶ τῶν πολεμίων καὶ τῶν συμμάχων, ὡς ἑκατέρων προσῆκε, τοὺς μὲν DEP STONTES τοὺς δὲ μαχό- μενοι νικῶντες. dpd γ᾽ ὅμοιοι τῷ φεύγοντι τὴν 71 πατρίδα τεττάρων “ἡμερῶν πλοῦν εἰς Ῥόδον; ἢ που ταχέως ἂν ἠνέσχετό τις ἐκείνων τῶν ἀνδρῶν τοιοῦτον ἔργον, ἀλλ᾽ οὐκ ἂν κατέλευσαν τὸν κατ- αιἰσχύνοντα τὴν αὑτῶν" ἀριστείαν" οὕτω γοῦν ἐφίλουν τὴν πατρίδα πάντες ὥστε τὸν παρὰ Ξέρξου πρεσβευτὴν ᾿Αλέξανδρον, φίλον ὄντα αὐτοῖς πρό- τερον, ὅτι γῆν καὶ ὕδωρ ἥτησε, μικροῦ δεῖν κατ- ἔλευσαν. ὅπου δὲ καὶ τοῦ λόγου τιμωρίαν ἠξίουν λαμβάνειν, 4 που τὸν ἔργῳ παραδόντα τὴν πόλιν ὑποχείριον τοῖς πολεμίοις οὐ μεγάλαις ἂν ζημίαις

[157] > 5X. “- , , , εκολάασαν. τοιγαροῦν τοιαύταις χρώμενοι γνωμαις,

72 1 μεθ᾽ αὑτῶν Taylor: μετ᾽ αὐτῶν codd. 3 ὅμοιοι Hauptmann 2 ὅμοιον codd. a αὑτῶν edd. : αὐτῶν A corr.?: αὐτῶ A pr. 4 ἀριστείαν A corr.?: ἀρίστην A pr.: ἀρετήν Blass.

« There are at least two mistakes in this account. (1) The Spartan general was Eurybiadas, (2) The Aeginetans su ported the Athenians’ policy, since a withdrawal to the isthmus of Corinth would have entailed the surrender of their island. See Herod. viii. 74. Even the Athenian claim that Adimantus wished, or, as Herodotus (viii. 94) records it,

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AGAINST LEOCRATES, 70-72

Spartan, Adimantus the Corinthian and the Aegi- netan fleet intended, under cover of night, to seek safety for themselves.*. Our ancestors, though they were being deserted by all the Greeks, forcibly liberated themselves and the others too by making them assist at Salamis in the naval battle against the Persians, and so triumphed unaided over both enemy and ally, in a way appropriate to each, conferring a favour upon one and defeating the other in battle. A fit comparison indeed to make with the man who escapes from his country on a four days’ voyage to Rhodes! Do you imagine that any one of those heroes would have been ready to condone such an act ? Would they not have stoned to death one who was disgracing their valour? At least they all loved their country so much that they nearly stoned to death Alexander,® the envoy from Xerxes, formerly their friend, because he demanded earth and water. If they thought it right to exact vengeance for a speech, are we to believe that they would not have visited with severe punishment a man who in fact delivered his country into the hands of the enemy ? It was because they held such beliefs as these that

actually attempted, to flee is now regarded as a misrepre- sentation of the fact that the Corinthians were dispatched before the battle to oppose the Egyptian ships which had blocked the western end of the bay.

» Alexander of Macedon was conquered by Mardonius in 492 5.6. This account of him does not tally with that of Herodotus (viii. 186) in which he is portrayed as a friend of the Athenians who, though pressed into the service of Persia, only visited them after Salamis to offer favourable terms and was not “nearly stoned to death.” The only stoning described by Herodotus was the execution of a certain Lyci- das who proposed that the Athenians should accept terms from Persia (Herod. ix. 5).

65

LYCURGUS

᾽ , 1 \ ” A ε , ¢ , ἐνενήκοντα μὲν ἔτη τῶν “EXdAjvav ἡγεμόνες / / A \ / > / κατέστησαν, Φοινίκην δὲ καὶ Κιλικίαν ἐπόρθησαν, ἐπ᾽ Εὐρυμέδοντι δὲ καὶ πεζομαχοῦντες καὶ vav- μαχοῦντες ἐνίκησαν, ἑκατὸν δὲ τριήρεις τῶν βαρβά- » ρων αἰχμαλώτους ἔλαβον, ἅπασαν δὲ τὴν ᾿Ασίαν 13 κακῶς ποιοῦντες περιέπλευσαν. καὶ τὸ κεφάλαιον “ > a“ τῆς νίκης, οὐ τὸ ἐν Σαλαμῖνι τρόπαιον ἀγαπήσαν- ” 2 2\\? ¢ 5 , , τες ἔστησαν," ἀλλ᾽ ὅρους τοῖς βαρβάροις πήξαντες ‘ > A 2r θ ,ἷ “-“ "EAA {ὃ Α ΄ τοὺς εἰς τὴν ἐλευθερίαν τῆς ἄδος, καὶ τούτους “ κωλύσαντες ὑπερβαίνειν, συνθήκας ἐποιήσαντο, “ , \ a > μακρῷ μὲν πλοίῳ μὴ πλεῖν ἐντὸς Κυανέων καὶ > δὲ Φασήλιδος," τοὺς δ᾽ Ἕλληνας αὐτονόμους εἶναι, \ / ‘ A > / > A ‘ x Α μὴ μόνον τοὺς τὴν Εὐρώπην ἀλλὰ καὶ τοὺς τὴν “- UJ A 14 ᾿Ασίαν κατοικοῦντας. καίτοι οἴεσθ᾽ av, εἰ τῇ Λεω- , 4, 7, ” κράτους διανοίᾳ χρησάμενοι πάντες ἔφυγον, τούτων ~ ~ ΝΜ) ἄν τι γενέσθαι τῶν καλῶν ἔργων, ἢ ταύτην ἂν ἔτι o “- \ τὴν χώραν κατοικεῖν ὑμᾶς; χρὴ τοίνυν, ὦ ἄνδρες, ὥσπερ τοὺς ἀγαθοὺς ἐπαινεῖτε καὶ τιμᾶτε, οὕτω καὶ τοὺς κακοὺς μισεῖν τε καὶ κολάζειν, ἄλλως ‘ ΄ “ » 25 » > ad τε καὶ Λεωκράτην, ὃς οὔτε ἔδεισεν οὔτε ἠσχύνθη ς - ὑμᾶς. 4 ς “ te / , A 4 75 Καίτοι ὑμεῖς τίνα τρόπον νενομίκατε περὶ τούτων ~ a U , καὶ πῶς ἔχετε ταῖς διανοίαις, θεωρήσατε. ἄξιον 1 ἐνενήκοντα] ἑβδομήκοντα Taylor (coll. Isocrat. iv. 106).

2 ἔστησαν] del. Maetzner, Blass, 8 Φασήλιδος Victorius : Φάσιδος codd.

α Estimates of other orators range from 73 years (Dem. ix. 23) to 65 years (Isoer. xii. 56), but in view of the inaccuracy of Lycurgus on historical matters it does not seem necessary to accept Taylor’s suggestion to read “ seventy ἡ instead of

66

AGAINST LEOCRATES, 72-75

for ninety years they were leaders of the Greeks.* They ravaged Phoenicia and Cilicia, triumphed by land and sea at the Eurymedon, captured a hundred barbarian triremes and sailed round the whole of Asia wasting it. And to crown their victory : not content with erecting the trophy in Salamis, they fixed for the Persian the boundaries necessary for Greek free- dom and prevented his overstepping them, making an agreement that he should not sail his warships between the Cyaneae and Phaselis and that the Greeks should be free not only if they lived in Europe but in Asia too.? Do you think that if they had all adopted the attitude of Leocrates and fled, any of these glorious things would have been done or that you would still be living in this country? Then, gentlemen, as you praise and honour brave men so too you must hate and punish cowards, and particu- larly Leocrates who showed no fear or respect towards

ou. Consider too what your traditional views have been in this respect and what your present feelings are. “ninety.” . The maximum possible length for the period would be 85 years, from the battle of Marathon in 490 8.6. to that of Aegospotami in 405.

> Lycurgus seems to be referring in exaggerated terms to the campaign in which the Athenians won a naval victory off Cyprus (v. Thucyd. i. 112). That he connects it with the battle of the Eurymedon which took place some eighteen years earlier (6. 467 B.c.) need not surprise us, in view of his other inaccuracies (cf. 88 62 and 70). The agreement in question is the so-called Peace of Callias (c. 448 B.c.), about which nothing certain is known. His account of the sea limit agrees substantially with that of other orators (e.g. Isocr. xii. 59; Dem. xix. 273), but the old triumphs over Persia were exaggerated in the fourth century and the statement

that the Asiatic Greeks were guaranteed autonomy is cer- tainly false.

67

LYCURGUS

γὰρ ὅμως. καίπερ πρὸς εἰδότας διελθεῖν" ἐγκώμιον γὰρ νὴ τὴν ᾿Αθηνᾶν εἰσι τῆς πόλεως οἱ παλαιοὶ νόμοι καὶ τὰ ἔθη τῶν ἐξ ἀρχῆς ταῦτα κατασκευ- ασάντων, οἷς ἂν προσέχητε, τὰ δίκαια ποιήσετε καὶ πᾶσιν ἀνθρώποις σεμνοὶ καὶ ἄξιοι τῆς πόλεως

76 δόξετ᾽ εἶναι. ὑμῖν γὰρ ἔστιν ὅρκος, ὃν ὀμνύουσι πάντες οἱ πολῖται, ἐπειδὰν εἰς τὸ ληξιαρχικὸν γραμματεῖον ἐγγραφῶσι καὶ ἔφηβοι γένωνται, μήτε τὰ ἱερὰ ὅπλα καταισχυνεῖν" μήτε τὴν τάξιν λείψειν, ἀμυνεῖν' δὲ τῇ πατρίδι καὶ ἀμείνω παρα- δώσειν. ὃν εἰ μὲν ὀμώμοκε Λεωκράτης, φανερῶς ἐπιώρκηκε, καὶ οὐ μόνον ὑμᾶς ἠδίκηκεν, ἀλλὰ καὶ εἰς τὸ θεῖον ἠσέβηκεν". εἰ δὲ μὴ ὀμώμοκεν εὐθὺς δῆλός ἐστι παρασκευασάμενος" <cis)* οὐδὲν ποιήσων" τῶν δεόντων, ἀνθ᾽ ὧν δικαίως ἂν αὐτὸν καὶ ὑπὲρ ὑμῶν καὶ ὑπὲρ τῶν θεῶν τιμωρήσαισθε."

77 βούλομαι δ᾽ ὑμᾶς ἀκοῦσαι τοῦ ὅρκου. λέγε, γραμματεῦ.

ΟΡΚΟΣ."---(Οὐκ αἰσχυνῶ τὰ ἱερὰ ὅπλα, οὐδὲ λείψω τὸν παραστάτην ὅπου ἂν στοιχήσω' ἀμυνῶ δὲ καὶ ε Ν « A 4 -* i Ἁ 39 > , A ‘ ὑπὲρ ἱερῶν καὶ ὁσίων καὶ οὐκ ἐλάττω παραδώσω. τὴν πατρίδα, πλείω δὲ καὶ ἀρείω κατά τε ἐμαυτὸν καὶ μετὰ ἁπάντων, καὶ εὐηκοήσω τῶν ἀεὶ κραινόντων ἐμφρόνως.

1 καταισχυνεῖν . .. ἀμυνεῖν Stephanus: καταισχύνειν... ἀμύνειν poe κῃ 2 ἠσέβηκεν Ald. : : ἠσέβησεν A, ἃ παρασκευασάμενος A pr..: παρεσκευασμένος cett, 4 ὡς add. Es. 5 ποιήσων Frohberger : ποιήσειν codd. 5 χιμωρήσαισθε Ducas: τιμωρήσεσθε A pr.: τιμωρήσοισθε A- corr. ? Turisiurandi formulam, quam om. codd., addidi ex in-

68

AGAINST LEOCRATES, 75-77

It is as well that I should remind you though you know already. For by Athena, in the ancient laws and in the principles of those who drew them up in the beginning we have indeed a panegyric on the city. You have but to observe them to do right and all men will respect you as worthy of her. There is an oath which you take, sworn by all citizens when, as ephebi,* they are enrolled on the register of the deme, not to disgrace your sacred arms, not to desert your post in the ranks, but to defend your country and to hand it on better than you found it. If Leo- crates has sworn this oath he has clearly perjured himself and, quite apart from wronging you, has be- haved impiously towards the god. But if he has not sworn it, it becomes immediately plain that he has been playing tricks in the hope of evading his duty; and for this you would be justified in punishing him, on your own and Heayen’s behalf. I want you to hear the oath. Read, clerk.

Tur Oatru.—lI will not bring dishonour on my sacred arms nor will I abandon my comrade wherever I shall be stationed. I will defend the rights of gods and men and will not leave my country smaller, when I die, but greater and better, so far as I am able by myself and with the help of all. I will respect

* The Ephebate, an organization for training the youn men of Athens, chiefly in military matters, had Te | ἀνὰ the fifth century but was reorganized by Lycurgus (υ. Life of Lycurgus). The oath was taken in the temple of Aglaurus, daughter of Cecrops (cf. Herod. viii. 53; Dem. xix. 303), probably at the age of eighteen when the youth underwent an examination (δοκιμασία) and had his name entered on the deme register.. He was then an ephebus until the age of twenty. Cf. Aristot. Ath. Pol, 42.

scriptione saec. iv a.c. Acharnis inventa. Cf. Stobaeum, Florileg. xliii, 48 et Pollucem viii, 105 sq. 69

-LYCURGUS

καὶ τῶν θεσμῶν τῶν ἱδρυμένων καὶ ods ἂν τὸ λοιπὸν ε 4 > Ld 2X , » lal > >

Bpirwvrar ἐμφρόνως" ἐὰν δέ τις ἀναιρεῖ, οὐκ ἐπι- τρέψω κατά τε «μαυτὸν καὶ μετὰ πάντων, καὶ τιμήσω ἱερὰ τὰ πάτρια. ἴστορες θεοὶ “A-ypuvdos, Ἕστία, Ἐνυώ, Ἐνυάλιος, "Ἄρης καὶ ᾿Αθηνᾶ ᾿Αρεία, Ζεύς, Θαλλώ, Αὐξώ, Ηγεμόνη, Ηρακλῆς, ὅροι τῆς πατρίδος,

πυροΐ, κριθαί, ἄμπελοι, ἐλάαι, συκαῖ... .)

Καλός γ᾽, ὦ ἄνδρες, καὶ ὅσιος ὁ ὅρκος. παρὰ τοῦτον τοίνυν ἅπαντα πεποίηκε Λεωκράτης. καίτοι πῶς ἂν ἄνθρωπος γένοιτο ἀνοσιώτερος ἢ μᾶλλον προδότης τῆς πατρίδος; τίνα δ᾽ ἂν τρόπον ὅπλα καταισχύνειέξ τις μᾶλλον ἢ εἰ λαβεῖν μὴ θέλου καὶ τοὺς πολεμίους ἀμύνασθαι; πῶς δ᾽ οὐ καὶ τὸν παραστάτην καὶ τὴν τάξιν λέλοιπεν ὃ μηδὲ τάξαι

18 τὸ σῶμα παρασχών; ποῦ δ᾽ ὑπὲρ ὁσίων καὶ ἱερῶν ἤμυνεν ἂν ὁ μηδένα κίνδυνον ὑπομείνας; τίνι δ᾽ ἂν τὴν πατρίδα προὔδωκε μείζονι" προδοσίᾳ; τὸ γὰρ τούτου μέρος ἐκλελειμμένη τοῖς πολεμίοις ὑποχείριός ἐστιν. εἶτα τοῦτον οὐκ ἀποκτενεῖτε τὸν ἁπάσαις ταῖς ἀδικίαις ἔνοχον ὄντα; τίνας οὖν τιμωρήσεσθε; τοὺς ἕν τι τούτων ἡμαρτηκότας; ῥᾷάδιον ἔσται παρ᾽ ὑμῖν ἄρα μεγάλα ἀδικεῖν, εἰ paveiabe ἐπὶ τοῖς μικροῖς “μᾶλλον ὀργιζόμενοι.

79 Kat μήν, & ἄνδρες, καὶ τοῦθ᾽ ὑμᾶς δεῖ μαθεῖν, ὅτι τὸ συνέχον τὴν δημοκρατίαν ὅρκος ἐστί. τρία

ἐσ Ald. : 62dy A pr.: Bede A Corr. 2 προὔδωκε μείζονι] παρέδωκε μείζονα Wesseling.

« The inscription from which the text of this oath is taken, found in 1932 at Acharnae, contains also a variant version of the next oath which Lycurgus quotes (§ 81). For the full text and notes on it see M. N. Tod, Greek Historical Inscrip- tions, ii. 204. Agraulus (more commonly called A bates) had a temple on the north side of the Acropolis, in which the

70

AGAINST LEOCRATES, 77-79

the rulers of the time duly and the existing ordinances duly and all others which may be established in the future. And if anyone seeks to destroy the ordinances I will oppose him so far as | am able by myself and with the help of all. 1 will honour the cults of my fathers. Witnesses to this shall be the gods Agraulus, Hestia, Enyo, Enyalius, Ares, Athena the Warrior, Zeus, Thallo, Auxo, Hegemone, Heracles, and the boundaries of my native land, wheat, barley, vines, olive- trees, fig-trees. . . .*

It is a fine and solemn oath, gentlemen; an oath which Leocrates has broken in all that he has done. How could a man be more impious or a greater traitor to his country ? How could he disgrace his arms more than by refusing to take them up and resist the enemy? Is there any doubt that a man has deserted the soldier at his side and left his post, if he did not even offer his person for enlistment ? How could anyone have defended the rights of men and gods who did not face a single danger? What greater treachery could he have shown towards his country, which, for all that he has done to save it, is left at the mercy of the enemy? Then will you not kill this man who is answerable for every crime? If not, whom will you punish? Those guilty of only one such act ? It will be easy then to commit serious offences among you, if you show that the smaller ones arouse your anger more.

There is a further point which you should notice, gentlemen. The power which keeps our democracy together is the oath. For there are three things of

Ephebate oath was taken. For Enyo the goddess of war compare Iliad ν. 333. Enyalius, though his name was often applied to Ares, was regarded by some as a separate God. Thallo (Growth) was one of the Horae, Auxo and Hegemone (Increase and Guidance) two of the Graces. The concluding words of the list are lost.

71

LYCURGUS

yap ἐστιν ἐξ ὧν ἡ ἡ πολιτεία συνέστηκεν, ὁ ἄρχων, 6 δικαστής, ὁ Busens. τούτων τοίνυν ἕκαστος ταύτην πίστιν δίδωσιν, εἰκότως: τοὺς μὲν γὰρ ἀνθρώπους πολλοὶ ἤδη ἐξαπατήσαντες καὶ δια- λαθόντες οὐ μόνον τῶν παρόντων κινδύνων ἀπελύ- θησαν, ἀλλὰ καὶ τὸν ἄλλον χρόνον ἀθῷοι τῶν ἀδικημάτων τούτων εἰσί: τοὺς δὲ θεοὺς οὔτ᾽ ἂν ἐπιορκήσας τις λάθοι οὔτ᾽ ἂν ἐκφύγοι τὴν ἀπ᾽ αὐτῶν τιμωρίαν, ἀλλ᾽ εἰ μὴ αὐτός, οἱ παῖδές γε καὶ τὸ γένος ἅπαν τὸ τοῦ ἐπιορκήσαντος μεγάλοις 80 ἀτυχήμασι περιπίπτει. διόπερ, ὦ ὦ ἄνδρες δικασταί, ἐπα πίστιν ἔδοσαν αὑτοῖς ἐν Πλαταιαῖς πάντες Ἕλληνες, ὅ ὅτ᾽ ἔμελλον παραταξάμενοι μάχεσθαι ΤΣ τὴν Ξέρξου δύναμιν, οὐ παρ᾽ αὑτῶν εὑρόντες, ἀλλὰ μιμησάμενοι τὸν παρ᾽ ὑμῖν εἰθισμένον ὃ ὅρκον. ὃν ἀξιόν ἐστιν ἀκοῦσαι" καὶ γὰρ παλαιῶν ὄντων τῶν τότε πεπραγμένων ὅμως ἱκανῶς" ἔστιν ἐν [168] τοῖς γεγραμμένοις ἰδεῖν τὴν ἐκείνων ἀρετήν. καί μοι ἀναγίγνωσκε αὐτόν.

81 ΟΡΚΟΣ."---Οὐ ποιήσομαι περὶ πλείονος τὸ (Hv τῆς ἐλ θ 4 50° > λ ’ 8 A c , ” ; ἐλευθερίας οὐδ᾽ ἐγκαταλείψωβδ τοὺς ἡγεμόνας οὔτε ζῶντας οὔτε ἀποθανόντας, ἀλλὰ τοὺς ἐν τῇ μάχῃ τε- λευτήσαντας τῶν συμμάχων ἅπαντας θάψω. καὶ κρα- τήσας τῷ πολέμῳ τοὺς βαρβάρους τῶν μὲν μαχεσα-

΄ « Ν a ¢ / / > ’ > , μένων ὑπὲρ τῆς EXAddos πόλεων οὐδεμίαν ἀνάστατον ποιήσω, τὰς δὲ τὰ τοῦ βαρβάρου προελομένας ἁπάσας δεκατεύσω. καὶ τῶν ἱερῶν τῶν ἐμπρησθέντων καὶ κατα βληθέντων ὑπὸ τῶν βαρβάρων οὐδὲν ἀνοικοδο- μήσω παντάπασιν, ἀλλ᾽ ὑπόμνημα τοῖς ἐπιγιγνομένοις ἐάσω καταλείπεσθαι τῆς τῶν βαρβάρων ἀσεβείας.

8) Οὕτω τοίνυν, ὦ ἄνδρες, σφόδρα ἐνέμειναν ἐν 72

AGAINST LEOCRATES, 79-82

which the state is built up: the archon, the juryman and the private citizen. Each of these gives this oath as a pledge, and rightly so. For human beings have often been deceived. Many criminals evade them, escaping the dangers of the moment, yes, and even remaining unpunished for these crimes for the re- mainder of their lives. But the gods no one who broke his oath would deceive. No one would escape their vengeance. If the perjured man does not suffer himself, at least his children and all his family are overtaken by dire misfortunes. It was for this reason, gentlemen of the jury, that all the Greeks exchanged this pledge at Plataea, before taking up their posts to fight against the power of Xerxes. The formula was not their own but borrowed from the oath which is traditional among you. It would be well for you to hear it ; for though the events of that time are ancient history now we can discern clearly enough, in these recorded words, the courage of our forbears. Please read the oath.

Tue Oatu.—I will not hold life dearer than freedom nor will I abandon my leaders whether they are alive or dead. I will bury all allies killed in the battle. If I conquer the barbarians in war I will not destroy any of the cities which have fought for Greece but I will consecrate a tenth of all those which sided with the barbarian. I will not rebuild a single one of the shrines which the barbarians have burnt and razed but will allow them to remain for future genera- tions as a memorial of the barbarians’ impiety.

They stood by this oath so firmly, gentlemen, that

1 ἑκανῶς Coraes: ἰσχνῶς codd.: tyvos M. Haupt et mox τῆς ἐκείνων ἀρετῆς.

2 Huius iurisiurandi formulam, aliquanto breviorem, tra- dit Diodorus xi. 29.

3 οὐδ᾽ ἐγκαταλείψω Sauppe: οὐδὲ καταλείψω codd.

73

LYCURGUS

τούτῳ πάντες ὥστε καὶ τὴν Tapa τῶν θεῶν εὔνοιαν > ¢ a ” , ‘ , A_Al μεθ’ ἑαυτῶν ἔσχον βοηθόν, καὶ πάντων (rdv>y « / > ~ > ~ / ‘ \ , Ἑλλήνων ἀνδρῶν ἀγαθῶν γενομένων πρὸς τὸν kiv- δυνον, μάλιστα ἡ πόλις ὑμῶν εὐδοκίμησεν. ὃ καὶ πάντων ἂν εἴη δεινότατον, τοὺς μὲν προγόνους ὑμῶν ἀποθνήσκειν τολμᾶν ὥστε μὴ τὴν πόλιν ἀδοξεῖν ή μ μὴ τὴ ; a \ , 4, / ὑμᾶς δὲ μὴ κολάζειν τοὺς καταισχύναντας αὐτήν, ἀλλὰ περιορᾶν τὴν κοινὴν καὶ μετὰ πολλῶν πόνων συνειλεγμένην εὔκλειαν, ταύτην διὰ τὴν τῶν τοιού- τῶν ἀνδρῶν πονηρίαν καταλυομένην. 88 Καίτοι, ὦ ἄνδρες, μόνοις ὑμῖν τῶν ᾿Ἑλλήνων ᾽ > > » γ:ι - , \ οὐκ ἔστιν οὐδὲν τούτων περιιδεῖν. βούλομαι δὲ \ ~ ~ aN πὶ φ / μικρὰ τῶν παλαιῶν ὑμῖν διελθεῖν, οἷς παραδείγμασι χρώμενοι καὶ περὶ τούτων καὶ περὶ τῶν ἄλλων βέλτιον βουλεύσεσθε. τοῦτο γὰρ ἔχει μέγιστον ἡ πόλις ὑμῶν ἀγαθόν, ὅτι τῶν καλῶν ἔργων παρά- δειγμα τοῖς Ἕλλησι γέγονεν" ὅσον γὰρ τῷ χρόνῳ πασῶν ἐστιν ἀρχαιοτάτη, τοσοῦτον οἱ πρόγονοι ἡμῶν τῶν ἄλλων ἀνθρώπων ἀρετῇ διενηνόχασιν. 84 "ἐπὶ" Κόδρου γὰρ βασιλεύοντος Πελοποννησίοις γενομένης ἀφορίας κατὰ τὴν χώραν αὐτῶν ἔδοξε στρατεύειν ἐπὶ τὴν πόλιν ἡμῶν, καὶ ἡμῶν τοὺς προ- γόνους ἐξαναστήσαντας κατανείμασθαι τὴν χώραν. καὶ πρῶτον μὲν εἰς Δελφοὺς ἀποστείλαντες τὸν A > , > / 5 A > / > 7 θεὸν ἐπηρώτων εἰ λήψονται" τὰς ᾿Αθήνας" avedov- τος δὲ τοῦ θεοῦ αὐτοῖς ὅτι τὴν πόλιν αἱρήσουσιν ἂν μὴ τὸν βασιλέα τὸν ᾿Αθηναίων Κόδρον ἀπο- , > , δι Α > 7 , 85 κτείνωσιν, ἐστράτευον ἐπὶ tas ᾿Αθήνας. KaAcd- μαντις δὲ τῶν Δελφῶν τις πυθόμενος τὸ χρη- 1 τῶν add. Baiter et Sauppe. 74

AGAINST LEOCRATES, 82-85

they had the favour of the gods on their side to help them; and, though all the Greeks proved courageous in the hour of danger, your city won the most renown. Your ancestors faced death to save the city from shame ; nothing could then be worse than for you to pardon those who have disgraced her and allowed our national glory, won through many hardships, to perish by the wickedness of men like this.

Consider, gentlemen: you are the only Greeks for whom it is impossible to ignore any of these crimes. Let me remind you of a few past episodes ; and if you take them as examples you will reach a better verdict in the present case and in others also. The greatest virtue of your city is that she has set the Greeks an example of noble conduct. In age 4 she surpasses every city, and in valour too our ancestors have no less surpassed their fellows. Remember the reign of Codrus.? The Peloponnesians, whose crops had failed at home, decided to march against our city and, expelling our ancestors, to divide the land amongst themselves. They sent first to Delphi and asked the god if they were going to capture Athens, and when he replied that they would take the city so long as they did not kill Codrus, the king of the Athenians, they marched out against Athens. But a Delphian Cleomantis, learning of the oracle, secretly

@ Cf. § 41 and § 100.

ὃ The story of Codrus is told, with minor variations, by other ancient writers, ¢.g. by Velleius Paterculus i. 2, but the version here given by Lycurgus is the earliest extant.

2 Suidas (s.v. Edyevéorepos) multa ex hac narratione citat. ; 3 ἐπὶ om. Suidas. 4 αὐτῶν] πᾶσαν Suidas. 5 λήψονται Suidas: ἐπιλήψονται codd. 75

LYCURGUS

στήριον δι᾽ ἀπορρήτων ἐξήγγειλε' τοῖς ᾿Αθηναίοις" οὕτως οἱ πρόγονοι ἡμῶν, ὡς ἔοικε, καὶ τοὺς ἔξωθεν ἀνθρώπους εὔνους ἔχοντες διετέλουν. ἐμ- βαλόντων δὲ τῶν Πελοποννησίων εἰς τὴν ᾿Αττικήν, τί ποιοῦσιν οἱ πρόγονοι ἡμῶν, ὦ ἄνδρες δικασταί; οὐ καταλιπόντες τὴν χώραν ὥσπερ Λεωκράτης ᾧχοντο οὐδ᾽ ἔκδοτον τὴν θρεψαμένην καὶ τὰ ἱερὰ τοῖς πολεμίοις παρέδοσαν, ἀλλ᾽ ὀλίγοι ὄντες κατα- κλῃσθέντες" ἐπολιορκοῦντο καὶ διεκαρτέρουν εἰς 86 τὴν πατρίδα. καὶ οὕτως ἦσαν, ὦ ἄνδρες, γενναῖοι οἱ τότε βασιλεύοντες ὥστε προῃροῦντο ἀποθνή- σκειν ὑπὲρ τῆς τῶν ἀρχομένων σωτηρίας μᾶλλον ζῶντες ἑτέραν μεταλλάξαι" χώραν. φασὶ γοῦν τὸν Κόδρον παραγγείλαντα τοῖς ᾿Αθηναίοις προσ- ἔχειν ὅταν τελευτήσῃ τὸν βίον, λαβόντα πτωχικὴν στολὴν ὅπως ἂν ἀπατήσῃ τοὺς πολεμίους, κατὰ τὰς πύλας ὑποδύντα φρύγανα συλλέγειν πρὸ τῆς πόλεως, προσελθόντων δ᾽ αὐτῷ δυοῖν ἀνδρῶν ἐκ τοῦ στρατοπέδου καὶ τὰ κατὰ τὴν πόλιν πυνθανο- μένων, τὸν ἕτερον αὐτῶν ἀποκτεῖναι τῷ δρεπάνῳ 81 παίσαντα" τὸν δὲ περιλελειμμένον, παροξυνθένται τῷ Kodpw καὶ νομίσαντα πτωχὸν εἶναι, σπασά- μενον τὸ ξίφος ἀποκτεῖναι τὸν Κόδρον. τούτων δὲ γενομένων οἱ μὲν ᾿Αθηναῖοι κήρυκα πέμψαντες ἠξίουν δοῦναι τὸν βασιλέα θάψαι, λέγοντες αὐτοῖς ἅπασαν τὴν ἀλήθειαν: οἱ δὲ Πελοποννήσιοι τοῦτον μὲν ἀπέδοσαν, γνόντες δ᾽ ὡς οὐκέτι δυνατὸν αὐτοῖς τὴν χώραν κατασχεῖν ἀπεχώρησαν. τῷ δὲ Κλεομάντει τῷ Δελφῷ ἡ πόλις αὐτῷ τε καὶ 76

AGAINST LEOCRATES, 85-87

told the Athenians. Such, it seems, was the goodwill which our ancestors always inspired even among aliens. And when the Peloponnesians invaded Attica, what did our ancestors do, gentlemen of the jury ? They did not desert their country and retire as Leocrates did, nor surrender to the enemy the land that reared them and its temples. No. Though they were few in number, shut inside the walls, they en- dured the hardships of a siege to preserve their country. And such was the nobility, gentlemen, of those kings of old that they preferred to die for the safety of their subjects rather than to purchase life by the adoption of another country. That at least is true of Codrus, who, they say, told the Athenians to note the time of his death and, taking a beggar’s clothes to deceive the enemy, slipped out by the gates and began to collect firewood in front of the town. When two men from the camp approached him and inquired about conditions in the city he killed one of them with a blow of his sickle. The survivor, it is said, enraged with Codrus and thinking him a beggar drew _ his sword and killed him. Then the Athenians sent a herald and asked to have their king given over for burial, telling the enemy the whole truth; and the Peloponnesians restored the body but retreated, aware that it was no longer open to them to secure the country. To Cleomantis of Delphi the city made a grant of maintenance in the Prytaneum for himself

1 ἐξήγγειλε Bekker : ἐξήγγελλε A.

2 ἡμῶν Bekker: ὑμῶν ἘΜ,

3 κατακλῃσθέντες Es: κατακλεισθέντες codd.

4 Post μεταλλάξαι habent τὴν codd., del. Budaeus: twa Reiske. _ 5 παίσαντα Blass: πεσόντα A pr.: προσπεσόντα A corr.?: πλήξαντα Suidas.

77

LYCURGUS

> / > / Ff ry ἐκγόνοις ἐν πρυτανείῳ ἀΐδιον σίτησιν ἔδοσαν.

88 dpd γ᾽ ὁμοίως ἐφίλουν τὴν πατρίδα Λεωκράτει [169] οἱ τότε βασιλεύοντες, οἵ γε προῃροῦντο τοὺς

89

90

9

μ-»

πολεμίους ἐξαπατῶντες ἀποθνήσκειν ὑπὲρ αὐτῆς καὶ τὴν ἰδίαν ψυχὴν ἀντὶ τῆς κοινῆς σωτηρίας ἀντικαταλλάττεσθαι; τοιγαροῦν μονώτατοι ἐπώ- νυμοι τῆς χώρας εἰσὶν ἰσοθέων τιμῶν τετυχηκότες, εἰκότως: ὑπὲρ ἧς γὰρ οὕτω σφόδρα ἐσπούδαζον, δικαίως ταύτης" καὶ τεθνεῶτες ἐκληρονόμουν. ἀλλὰ Λεωκράτης οὔτε ζῶν οὔτε τεθνεὼς δικαίως ἂν αὐτῆς μετάσχοι, μονώτατος {δ᾽ δ ἂν προση- κόντως ἐξορισθείη τῆς χώρας, ἣν ἐγκαταλιπὼν τοῖς πολεμίοις ᾧχετο" οὐδὲ yap καλὸν τὴν αὐτὴν καλύπτειν τοὺς τῇ ἀρετῇ διαφέροντας καὶ τὸν κάκιστον πάντων ἀνθρώπων.

Καίτοι γ᾽ ἐπεχείρησεν εἰπεῖν, ὃ καὶ νῦν ἴσως ἐρεῖ πρὸς ὑμᾶς, ὡς οὐκ ἄν ποτε ὑπέμεινε" τὸν ἀγῶνα τοῦτον συνειδὼς ἑαυτῷ τοιοῦτόν τι δια- πεπραγμένῳ: ὥσπερ οὐ πάντας καὶ τοὺς κλέ- πτοντας καὶ ἱεροσυλοῦντας τούτῳ τῷ τεκμηρίῳ χρωμένους. οὐ γὰρ τοῦ πράγματός ἐστι σημεῖον ὡς οὐ πεποιήκασιν, ἀλλὰ τῆς ἀναιδείας ἣ ἣν ἔχουσιν. οὐ γὰρ τοῦτο δεῖ λέγειν, ἀλλ᾽ ὡς οὐκ ἐξέπλευσεν, οὐδὲ τὴν πόλιν ἐγκατέλιπεν, οὐδ᾽ ἐν Μεγάροις κατῴκησε" ταῦτά ἐστι τεκμήρια τοῦ πράγματος, ἐπεὶ τό γ᾽" ἐλθεῖν τοῦτον, οἶμαι θεόν τινα αὐτὸν ἐπ᾿ αὐτὴν ἀγαγεῖν τὴν τιμωρίαν, ἵν᾽ ἐπειδὴ τὸν εὐκλεᾶ κίνδυνον ἔφυγε, τοῦ ἀκλεοῦς καὶ ἀδόξου θανάτου τύχοι, Kal ods προὔδωκε, τούτοις ὑπο- χείριον αὑτὸν καταστήσειεν. ἑτέρωθι μὲν γὰρ 78

AGAINST LEOCRATES, 87-91

and his descendants for ever. Is there any re- semblance between Leocrates’ love for his country and the love of those ancient kings who preferred to die for her and outwit the foe, giving their own life in exchange for the people’s safety ? It is for this reason that they and only they have given the land their name and received honours like the gods, as is their due. For they were entitled, even after death, to a share in the country which they so zealously preserved. But Leocrates, whether alive or dead, would have no claim ἴο ἃ portion in it ; he of all men deserves to be cast out from the country which he abandoned to the enemy by his flight. For it is un- fitting that the same ground should cover heroes and the most cowardly of mankind,

Yet he contended (and perhaps he will say this to you now also) that he would not have faced this trial if he had been conscious of committing a crime like this. As if all thieves and temple-robbers did not use this argument! It is an argument which goes to prove their shamelessness rather than the fact of their innocence. That is not the point at issue ; we need the assurance that he did not sail, that he did not leave the city or settle at Megara. These are the facts by which the truth can be established. As for his appearance in court: surely some god brought him specially for punishment, so that, after shirking an honourable danger, he might meet a death of disgrace and shame and place himself at the mercy of the men he betrayed. If misfortune befalls him in

1 dpa γ᾽ Coraes: ὁρᾶτε codd. 3 ταύτης Es: ταύτην codd. 3. δ᾽ add. Ald. 4 ὑπέμεινε Schaub: ὑπομεῖναι codd. δ᾽ τό γ᾽ Coraes: γε τὸ

79

LYCURGUS

ἀτυχῶν οὔπω δῆλον εἰ διὰ ταῦτα δίκην δίδωσιν ἐνταῦθα δὲ παρ᾽ οἷς προὔδωκε φανερόν ἐστιν ὅτι τῶν αὑτοῦ παρανομημάτων ὑπέχει ταύτην τὴν

92 τιμωρίαν. οἱ γὰρ θεοὶ οὐδὲν πρότερον ποιοῦσιν' ἢ τῶν πονηρῶν ἀνθρώπων τὴν διάνοιαν παράγουσι: καὶ μοι δοκοῦσι τῶν ἀρχαίων τινὲς ποιητῶν ὥσπερ “χρησμοὺς γράψαντες τοῖς ἐπιγιγνομένοις" τάδε τὰ ἰαμβεῖα καταλιπεῖν"

ὅταν γὰρ ὀργὴ δαιμόνων βλάπτῃ τινά, τοῦτ᾽ αὐτὸ πρῶτον, ἐξαφαιρεῖται" φρενῶν τὸν νοῦν τὸν ἐσθλόν, εἰς δὲ τὴν χείρω͵ τρέπει γνώμην, ἵν᾿ εἰδῇ μηδὲν ὧν ἁμαρτάνει.

983 τίς γὰρ οὐ μέμνηται τῶν πρεσβυτέρων ἢ τῶν νεωτέρων οὐκ ἀκήκοε. Καλλίστρατον, οὗ θάνατον ἡ πόλις κατέγνω, τοῦτον φυγόντα καὶ τοῦ θεοῦ τοῦ ἐν Δελφοῖς ἀκούσαντα ὅτι ἂν «ἔλθῃ ᾿Αθήναζε τεύξεται τῶν νόμων, ἀφικόμενον καὶ ἐπὶ τὸν βωμὸν

~ ’ὔ ~ , \ γονΝἵ τῶν δώδεκα θεῶν καταφυγόντα, καὶ οὐδὲν ἧττον ὑπὸ τῆς πόλεως ἀποθανόντα; δικαίως: τὸ γὰρ τῶν νόμων τοῖς ἠδικηκόσι τυχεῖν τιμωρία ἐστίν. δέ γε θεὸς ὀρθῶς ἀπέδωκε τοῖς ἠδικημένοις κολάσαι τὸν αἴτιον: δεινὸν γὰρ ἂν εἴη, εἰ ταὐτὰ σημεῖα τοῖς εὐσεβέσι καὶ τοῖς κακούργοις φαίνοιτο ." « “- > ” > > » Ἁ ~ ~ 94 Ἡγοῦμαι δ᾽ ἔγωγ᾽, ὦ ἄνδρες, τὴν τῶν θεῶν

1 ποιοῦσιν] del. Bekker.

᾿ ἐπιγιγνομένοις Bekker : ἐπιγενομένοις codd. 3 ἐξαφαιρεῖται Ald. : ἐξαιρεῖται 4 φαίνοιτο Heinrich: φαίνονται codd.

« The authorship of these verses is not known. » Callistratus, an orator whom Demosthenes much admired,

80

AGAINST LEOCRATES, 91-94

some other place it is hardly clear if this is the crime for which he is being punished. . But here, among the men whom he betrayed, it is obvious that his own transgressions of the law have brought upon him this reward. For the first step taken by the gods in the case of wicked men is to unhinge their reason ; and personally I value as the utterance of an oracle these lines, composed by ancient poets and handed down to posterity % :

When gods in anger seek a mortal’s harm, First they deprive him of his sanity,

And fashion of his mind a baser instrument, That he may have no knowledge when he errs.

Who does. ποὺ know the fate of Callistratus,? which the older among you remember and the younger have heard recounted, the man condemned to death by the city ? How he fled and later, hearing from the god at Delphi that if he returned to Athens he would have fair treatment by the laws, came back and taking refuge at the altar of the twelve gods was none the less put to death by the state, and rightly so, for “ fair treatment by the laws ”’ is, in the case of wrongdoers, punishment. And thus the god too acted rightly in allowing those who had been wronged to punish the offender. For it would be an unseemly thing if revelations made to good men were the same as those youchsafed to malefactors. -

It is my belief, gentlemen, that the guidance of

was instrumental in building up the Second Athenian Confederacy. After a raid by Alexander of Pherae: on the Piraeus he was condemned to death by the Athenians (361 3.c.); and, though at first he fled to Methone, he returned later and the sentence was carried out. His name is mentioned by Hyperides (iv. 1).

VOL, II D 81

LYCURGUS

ἐπιμέλειαν πάσας μὲν tas ἀνθρωπίνας πράξεις ἐπισκοπεῖν, μάλιστα δὲ τὴν περὶ τοὺς γονέας καὶ τοὺς τετελευτηκότας καὶ τὴν πρὸς αὑτοὺς εὐσέ- βειαν, εἰκότως" παρ᾽ ὧν γὰρ τὴν ἀρχὴν τοῦ ζῆν εἰλήφαμεν καὶ πλεῖστα ἀγαθὰ πεπόνθαμεν, εἰς τούτους μὴ ὅ ὅτι ἁμαρτεῖν, ἀλλὰ μὴ; εὐεργετοῦντας τὸν αὑτῶν βίον καταναλῶσαι μέγιστον ἀσέβημα. 95 ἐστι. λέγεται γοῦν" ἐν Σικελίᾳ (εἰ γὰρ καὶ μυ- θωδέστερόν ἐστιν, ἀλλ᾽ ἁρμόσει καὶ ὑμῖν ἅπασ. τοῖς νεωτέροις ἀκοῦσαι) ἐκ τῆς Αἴτνης p ῥύακα πυρὸς γενέσθαι. τοῦτον δὲ ῥεῖν φασιν ἐπί τε)" τὴν “ἄλλην χώραν, καὶ δὴ καὶ πρὸς πόλιν τινὰ τῶν ἐκεῖ κατ- οἰκουμένων. τοὺς μὲν οὖν ἄλλους ὁρμῆσαι πρὸς φυγὴν τὴν αὑτῶν σωτηρίαν ζητοῦντας, ἕνα δέ τινα τῶν νεωτέρων, “ὁρῶντα τὸν πατέρα πρεσβύ- τερον ὄντα καὶ οὐχὶ δυνάμενον ἀποχωρεῖν ἀλλὰ 96 ἐγκαταλαμβανόμενον, ἀράμενον φέρειν. φορτίου δ᾽ οἶμαι προσγενομένου καὶ αὐτὸς ἐγκατελήφθη. ὅθεν δὴ καὶ ἄξιον θεωρῆσαι τὸ θεῖον, ὅτι τοῖς [160] ἀνδράσι τοῖς ἀγαθοῖς εὐμενῶς ἔχει. (έγεται γὰρ κύκλῳ τὸν τόπον ἐκεῖνον περιρρυῆναι" τὸ “πῦρ καὶ σωθῆναι τούτους μόνους, ἀφ᾽ ὧν καὶ τὸ χωρίον ἔτι καὶ νῦν προσαγορεύεσθαι" τῶν εὐσεβῶν" χῶρον: τοὺς δὲ ταχεῖαν τὴν ἀποχώρησιν ποιησαμένους καὶ τοὺς ἑαυτῶν γονέας" ἐγκαταλιπόντας ἅπαντας" 97 ἀπολέσθαι. ὥστε καὶ ὑμᾶς δεῖν τὴν παρὰ (τῶν»»" θεῶν ἔχοντας μαρτυρίαν ὁμογνωμόνως τοῦτον κολάζειν, τὸν ἅπασι τοῖς μεγίστοις ἀδική μασιν ἔνοχον ὄντα κατὰ τὸ ἑαυτοῦ μέρος. τοὺς μὲν γὰρ

1 ἀλλὰ μὴ Bekker: ἀλλ᾽ ὅτι μὴ ςοαά. 3. γοῦν Maetzner : : οὖν codd. τε add. Baiter.

4 περιρρυῆναι Es: περιρρεῦσαι codd,

82

AGAINST LEOCRATES, 94-97

the gods presides over all human affairs and more especially, as is to be expected, over our duty towards our parents, towards the dead and towards the gods themselves. For in our dealings with those to whom we owe our being, at whose hands we have enjoyed the greatest benefits, it is the utmost sacrilege that we should fail, not merely to do our duty, but even to dedicate our lives to their service. Let me take an illustration. There is a story that in Sicily,— the tale, though half a legend, will, for the younger ones. among you, be well worth the hearing,—a stream of fire burst forth from Etna. This stream, so the story goes, flowing over the countryside, drew near a certain city of the Sicilians. Most men, think- ing of their own safety, took to flight; but one of the youths, seeing that his father, now advanced in years, could not escape and was being overtaken by the fire, lifted him up and carried him. Hindered no doubt by the additional weight of his burden, he too was overtaken. And now let us observe the mercy shown by God towards good men. For we are told that the fire spread round that spot in a ring and only those two men were saved, so that the place is still called the Place of the Pious, while those who had fled in haste, leaving their parents to their fate, were all consumed. You too, therefore, following that divine example, should punish with one accord this man who spared no pains to show himself in all respects the greatest criminal, depriving the gods of

προσαγορεύεσθαι Reiske: προσαγορεῦσαι codd. εὐσεβῶν Ald.: ἀσεβῶν ails 1

γονέας hic et in § 97 Es: γονεῖς codd.

ἐγκαταλιπόντας ἅπαντας Pinzger: ἅπαντας ἐγκαταλιπόντας ; ® τῶν add. Sauppe.

5 6 7 8

88

LYCURGUS

θεοὺς tas’ πατρίους τιμὰς ἀπεστέρησε, τοὺς δὲ / a

γονέας τοῖς πολεμίοις ἐγκατάλιπε, τοὺς δὲ τε-

τελευτηκότας τῶν νομίμων οὐκ εἴασε τυχεῖν.

98 Καίτοι σκέψασθε, ὦ ἄνδρες" οὐ yap ἀποστήσομαι τῶν παλαιῶν: ἐφ᾽ οἷς γὰρ ἐκεῖνοι ποιοῦντες ἐφι- λοτιμοῦντο, ταῦτα δικαίως ἂν ὑμεῖς ἀκούσαντες 3 / ‘ \ ” ‘ ἀποδέχοισθε. φασὶ yap Evpodmov τὸν Ilooe- δῶνος" καὶ Χιόνης μετὰ Θρᾳκῶν ἐλθεῖν τῆς χώρας ταύτης ἀμφισβητοῦντα, τυχεῖν δὲ κατ᾽ ἐκείνους τοὺς χρόνους βασιλεύοντα ᾿Ἐρεχθέα, γυναῖκα

99 ἔχοντα Πραξιθέαν τὴν Κηφισοῦ θυγατέρα. μεγά- λου δὲ στρατοπέδου μέλλοντος αὐτοῖς εἰσβάλλειν > \ 4 > 4 ν»»ν ι] 7 ‘ ‘ εἰς τὴν χώραν, εἰς Δελφοὺς ἰὼν ἠρώτα τὸν θεὸν τί ποιῶν ἂν νίκην λάβοι παρὰ τῶν πολεμίων. χρήσαντος δ᾽ αὐτῷ τοῦ θεοῦ, τὴν θυγατέρα. εἰ θύσειε πρὸ τοῦ συμβαλεῖν τὼ στρατοπέδω," κρατήσειν τῶν πολεμίων, ὁ δὲ τῷ θεῷ πειθόμενος τοῦτ᾽ ἔπραξε, καὶ τοὺς ἐπιστρατευομένους ἐκ τῆς

100 χώρας ἐξέβαλε. διὸ καὶ δικαίως ἄν τις Εὐριπίδην ᾽ , “ , 3 »ϑὺὴὺλ» on gD \ ᾿ ἐπαινέσειεν, ὅτι τά T GAN ὧν" ἀγαθὸς ποιητὴς καὶ τοῦτον τὸν μῦθον προείλετο ποιῆσαι, ἡγού- μενος κάλλιστον ἂν γενέσθαι τοῖς πολίταις παρά- δειγμα τὰς ἐκείνων πράξεις, πρὸς ἃς ἀποβλέποντας καὶ θεωροῦντας συνεθίζεσθαι ταῖς ψυχαῖς τὸ τὴν

1 τὰς Reiske: τοὺς codd. | . ἀπεστέρησε Blass : ἀπεστέρηκε codd. 5.ΑᾺ verbis τὸν Ποσειδῶνος rursus incipit N. 4 γὼ στρατοπέδω Taylor: τῷ στρα 5 ὁ δὲ Ald.: ὡς δὲ codd. 5. ὧν) ἦν Bekker, « Eumolpus, legendary ancestor of the Eumolpides of 84

AGAINST LEOCRATES, 97-100

their traditional cults, abandoning his parents to: the enemy and denying the dead their dues.

Here is another story, gentlemen. Again I shall be speaking of our ancestors, since it is only right that you should hear of the deeds in’ which they took.a pride and give them your approval. The tradition is that Eumolpus, the son of Posidon and Chione, came with the Thracians to claim this country during the reign of Erechtheus who was married to Praxithea, the daughter of Cephisus.* As a large army was about to invade their country, he went to Delphi and asked the god. by, what means he could assure a victory over the enemy. The god’s answer to him was that if he sacrificed his daughter before the, two sides engaged he would defeat the enemy ; and, submitting to the god, he did this and drove the invaders from the country. We have therefore good reason to thank Euripides, because, apart from his other merits as a poet, he chose this subject for a play,® believing that in the conduct of those people the citizens would have a fine example which they could keep before them and so implant in their hearts

Eleusis, was credited with the founding of the Mysteries. ‘The passage of Euripides quoted in 8 100 15 the earliest extant source for the tradition that he was a Thracian. Accordin to Apollodorus, Eleusis, being at war with Athens, call in Eumolpus, whereupon’ the Athenian king Erechtheus consulted the apd flearncl that. he must. sacrifice one daughter in order to obtain a victory. . He therefore offered up his youngest, the others committing suicide in sympathy, and so ἦν enabled to kill Eumolpus in battle (Apollod. iii. 15.4),

» The Frechtheus of Euripides is now lost. Apart from thé passage quoted by Lycurgus, a few other fragments have been preserved, including one of 34 lines given by Stobaeus, Florileg. iii. 18. i

85

LYCURGUS

πατρίδα φιλεῖν. ἄξιον δ᾽, ὦ ἄνδρες δικασταί, καὶ

τῶν ἰαμβείων ἀκοῦσαι, ἃ πεποίηκε λέγουσαν τὴν μητέρὰ τῆς παιδός. ὄψεσθε γὰρ ἐν αὐτοῖς μεγαλο- ψυχίαν καὶ γενναιότητα ἀξίαν καὶ τῆς πόλεως καὶ τοῦ γενέσθαι Κηφισοῦ θυγατέρα.

PHSIS ΕΥ̓ΡΙΠΙΔΟΥ

τὰς χάριτας ὅστις εὐγενῶς χαρίζεται,

ἥδιον ev βροτοῖσιν: ot δὲ δρῶσι μέν,

χρόνῳ δὲ δρῶσι, δυσγενέστερον' bare

ἐγὼ δὲ δώσω τὴν ἐμὴν παῖδα κτανεῖν. λογίζομαι δὲ πολλά: πρῶτα μὲν πόλιν δ οὐκ ἂν τιν᾽ ἄλλην τῆσδε βελτίω λαβεῖν"

"ἢ πρῶτα μὲν λεὼς οὐκ ἐπακτὸς ἄλλοθεν, αὐτόχθονες δ᾽ ἔφυμεν" αἱ δ᾽ ἄλλαι πόλεις πεσσῶν ὁμοίαις" διαφοραῖς ἐκτισμέναι"

ἄλλαι παρ᾽ ἄλλων εἰσὶν εἰσαγώγιμοι. 10 ὅστις δ᾽ ἀπ᾽ ἄλλης πόλεος" οἰκήση" πόλιν, ἁρμὸς πονηρὸς ὥσπερ ἐν ξύλῳ παγείς,

λόγῳ πολίτης ἐ ἐστί, τοῖς δ᾽ ἔργοισιν οὔ.

ἔπειτα τέκνα τοῦδ᾽ ἕκατι τίκτομεν,

ὡς θεῶν τε «βωμοὺς πατρίδα τε ῥυώμεθα ιτὖ πόλεως δ᾽ ἁπάσης τοὔνομ᾽ ἕν," πολλοὶ δέ νιν ναίουσι" τούτους πῶς διαφθεῖραΐ με χρή,

ἐξὸν πρὸ πάντων μίαν ὑπερδοῦναι ανεῖν; εἴπερ γὰρ ἀριθμὸν οἶδα καὶ τοὐλάσσονος

τὸ μεῖζον odves" οἶκος οὐ πλεῖον σθένει 90

ὥσι» δυσγενέστερον Heinrich: δυσγενέστερον «λέγω» Meineke.

Vv 7-10. cit. Plut. Mor. 604 p-8. ὁ ὁμοίαις] ὁμοίως Plut., Ald. 4 διαφοραῖς ἐκτίσμεναι] διαφορηθεῖσαι βολαῖς Plut. 86

AGAINST LEOCRATES, 100

a love of their country. You must hear the. iambic lines, gentlemen of the jury, which, in the play, are spoken by the mother of the girl. You will find in them a greatness of spirit and a nobility worthy of — Athens and a daughter of Cephisus.

Speech from Euripides

He wins men’s hearts who with a ready hand Confers his favours ; he who in the doing Pelare and falters is less generous. ὁ

But I consent to give my child to die

For many reasons; first there is no state - I count more worthy to accept my gift Than Athens, peopled by no alien race. For we are of this soil, while other towns, Formed as by hazard in a game of draughts, Take their inhabitants from divers parts. He who adopts a city, having left

Some other town, resembles a bad peg Fixed into wood of better quality,

A citizen in name but not in fact.

And secondly : it is that we may guard Our country and the altars of the gods That we get children for ourselves at all. This city, though it bears a single name, Holds many: people in it. Should I then Destroy all these, when it is in my power , To give one girl to die on their behalf? — The mere ability to count, and tell»

The greater from the less, conyinces me That this, the ruin of one person’s home, Is of less consequence and brings less grief

5 πόλεος et.in v. 21 Grotius » πόλεως codd. |. δ᾽ οἰκήσῃ Meineke : oixile: codd. ἕκατι Matthiae: ἕνεκα codd.: ἕκητι Ald. 8 ῥυώμεθα Ald. : ῥυόμεθα NA. 9. ἕν Grotius :. év:codd. 10 “σολλοὺ Musgrave : πολλοῖς codd. 11 οὗὑνὸς Emperius : ἑνὸς codd.: οὑμὸς Bekker.

7

87

LYCURGUS

, re ͵ 292.47 , πταΐσας ἁπάσης πόλεος, οὐδ᾽ ἴσον φέρει. > > > » > , ~ εἰ δ᾽ ἦν ἐν οἴκοις ἀντὶ θηλειῶν" στάχυς [161] ἄρσην, πόλιν δὲ πολεμία κατεῖχε φλόξ, οὐκ av νιν ἐξέπεμπον εἰς μάχην δορός, θάνατον προταρβοῦσ᾽; ἀλλ᾽ ἔμοιγ᾽ εἴη" τέ- κνα, 25 (ap καὶ μάχοιτο καὶ μετ᾽ ἀνδράσιν πρέποι, μὴ σχήματ᾽ * ἄλλως ἐν πόλει πεφυκότα. τὰ μητέρων δὲ δάκρυ᾽ ὅταν πέμπῃ τέκνα, πολλοὺς ἐθήλυν᾽ εἰς μάχην ὁρμωμένους. μισῶ γυναῖκας αἵτινες πρὸ τοῦ καλοῦ 80 τὰ A σ΄ 2 ἀθ , , ζῆν παῖδας εἵλοντ᾽ ἢ" παρήνεσαν κακά. καὶ μὴν θανόντες γ᾽ ἐν μάχῃ πολλῶν μέτα ΄ ‘ A Ww »᾿ ’ὔ »κ τύμβον τε κοινὸν ἔλαχον εὔκλειάν τ᾽ ἴσην" τῇ ᾿μῇ δὲ παιδὶ στέφανος εἷς μιᾷ μόνῃ , , 7 ~ 3 Ὁ / or πόλεως Bavoten’ τῆσδ᾽ ὕπερ δοθήσεται. 35 καὶ τὴν τεκοῦσαν καὶ σὲ δύο θ᾽ ὁμοσπόρωΣ" σώσει- τί τούτων οὐχὶ δέξασθαι καλόν; τὴν οὐκ ἐμὴν πλὴν a” φύσει δώσω κόρην θῦσαι πρὸ γαίας. εἰ γὰρ αἱρεθήσεται πόλις, τί i παΐδων τῶν “ἐμῶν μέτεστί μὸὲ;Ἴ «(0 οὐκοῦν ἅπαντὰ τοῦν γ᾽" ἐμοὶ σωθήσεται" ΝΜ " ia > > A ,ἴ , ἄρξουσιν ἄλλοι, τήνδ᾽ ἐγὼ δώσω πόλιν. ἐκεῖνο δ᾽ οὗ τὸ ἡ πλεῖστον ἐν κοινῷ μέρος, οὐκ ἔσθ᾽ ἑκούσης τῆς ἐμῆς ψυχῆς ἄτερ," προγόνων παλαιὰ" θέσμι᾽ ὅστις" ἐκβαλεῖ". 45 1 θηλειῶν Grotius : i er ae codd. 2 ἄν νιν Matthiae : 2 ἂν μὴν NA: @ pow Ald. 5 εἴη Ald. : éarecodd., ἃ add. Ald. . ἀλήματ' Scaliger : σχήματα δ codd. δ᾽ εἵλοντ᾽ Matthiae : εἵλοντο καὶ codd. 88

AGAINST LEOCRATES, 100

Than would result if the whole city fell, If I had sons δὲ home instead of girls, When hostile flames beset the city’s walls, Should I not send them forth into the fight, Though fearing for them? May my children then Fight also, vie with men, and not become Mere shapes of vanity within the state. And yet, when mothers send their sons to war With tears, they often daunt them as they leave. I hate the women who above all else Prefer their sons to liye and put this thought Before their honour, urging cowardice. But if they fall in battle they obtain A common grave and glory which they share With many others ;_ whereas she, my child, By dying for this city will attain A garland destined solely for herself. And she will save her mother and you too And both her sisters. [5 it right to scorn Honours like these? Except in nature’s way This girl whom I shall give for sacrifice To save her native land is not my own. And if the city falls, what further chance

* Shall T have left me to enjoy my child ? So far as rests with me, all shall be saved. Let others rule in Athens ;.I will.be , Her saviour, and without my wish no man Shall harm what most concerns our common good, The ancient laws our fathers handed down.

. . » θανοῦσα codd. Nig ὁμοσπόρω Bekker : ὁμοσπόρων codd. 9. σώσει" τί Melanchthon : ὡς εἴ τι codd. - 10. ἢ add. Wagner. ; : Ἢ ἅπαντα τὸῦν γ᾽ Heinrich (iam ἅπαντα τοὐν Reiske): ἅπαντας γοῦν τ᾽ codd. “ and δ᾽ οὗ vin : ἐκεῖνο δ᾽ > es ΟΝ ἄτερ] ἄνερ Valckenaer: ἀνήρ Bothe. ΠΥ παλαιὰ Ald. : πάλαι ΝΑ 15. θέσμι᾽ ὅστις Reiske : θέσμιά τις NA. 16 ἐκβαλεῖ Ald. :. ἐκβάλλει codd.

7 εἷς μιᾷ μόνῃ... θανούσῃ Tyrwhitt: 4 (ἡ. Ν) pla μόνη

89

101

102

LYCURGUS

2992 25> 9) 7 1 t , οὐδ᾽ avr’ ἐλάας" χρυσέας te Γοργόνος

/ > κ᾿ ~ > / ,ὔ τρίαιναν ὀρθὴν στᾶσαν ἐν πόλεως βάθροις

” γα. 28 2 ͵ 3 \ Εὔμολπος οὐδὲ Θρῇξ “ἀναστέψει λεὼς στεφάνοισι, ἸΠαλλὰς δ᾽ οὐδαμοῦ τιμήσεται. χρῆσθ᾽, ὦ πολῖται, τοῖς ἐμοῖς λοχεύμασιν, £0 σῴζεσθε," wKar* ἀντὶ γὰρ ψυχῆς μιᾶς

3 wip oe¢ ᾽ ὩΣ 2° κνδ , , οὐκ ἔσθ᾽ ὅπως οὐ τήνδ᾽ ἐγὼ" σώσω πόλιν. ὦ πατρίς, εἴθε πάντες οἵ ναίουσί σε

Ὁ a ε > A ν ε , οὕτω φιλοῖεν ὡς ἐγώ" καὶ ῥᾳδίως οἰκοῖμεν ἄν σε, κοὐδὲν ἂν πάσχοις κακόν. ὕδ

Ταῦτα, ὦ ἄνδρες, τοὺς πατέρας ὑμῶν ἐπαίδευε. φύσει γὰρ οὐσῶν. φιλοτέκνων πασῶν τῶν γυναικῶν, ταύτην ἐποίησε τὴν πατρίδα μᾶλλον τῶν παίδων φιλοῦσαν, ἐνδεικνύμενος ὅτι εἴπερ αἱ γυναῖκες τοῦτο τολμήσουσι ποιεῖν, τούς γ᾽ ἄνδρας ἀνυπέρ- βλητόν twa δεῖ τὴν εὔνοιαν ὑπὲρ τῆς πατρίδος ἔχειν, καὶ μὴ φεύγειν αὐτὴν ἐγκαταλιπόντας μηδὲ καταισχύνειν πρὸς ἅπαντας τοὺς Ἕλληνας, ὥσπερ Λεωκράτης..

Βούλομαι δ᾽ ὑμῖν καὶ τὸν Ὅμηρον παρασχέσθαι ἐπαινῶν οὕτω γὰρ ὑπέλαβον ὑμῶν οἱ πατέρες σπουδαῖον εἶναι ποιητὴν ὥστε νόμον ἔθεντο καθ᾽ ἑκάστην πεντετηρίδα' τῶν Παναθηναίων μόνου τῶν ἄλλων ποιητῶν ῥάψῳδεῖσθαι τὰ ἔπη, ἐπίδειξιν ποιούμενοι sie τοὺς “Ἕλληνας ὅτι τὰ κάλλιστα

᾿ ἐλάας Dobree : ἂν τελείας codd. , Θρῇξ Dindorf : Θρὰξ codd. 8. ἀναστέψει Musgrave : ἀναστρέψει codd. ΗΝ Post σῴζεσθε habent καὶ codd., om. Ald. οὐ τήνδ᾽ ἐγὼ Ald. : ὑμῖν τήνδ᾽ ἐγὼ οὐ codd.

AGAINST. LEOCRATES, 100-102

Eumolpus and his slavish Thracian train Shall set no trident in our midst or deck

It round with garlands, where the olive tree And Gorgon’s golden head have been revered; Nor shall Athena meet with utter scorn. Come, citizens, and use my travail’s fruit

To save yourselves and conquer, knowing well That I could never hesitate to save

This city for the sake of one poor life.

My country, were the love of all your sons

As great as mine! You could not suffer ill, Shad we possessing you would live secure,

On these verses, gentlemen, your fathers were brought up. All. women, are by -nature fond of children, but this one Euripides portrayed as loving her country more than her offspring and made it clear that, if women bring themselves to act like this, men should show towards their country a devotion which cannot be surpassed, not forsake it and flee, as Leocrates did, nor disgrace it before the whole of Greece.

1 want also to recommend Homer to you. In your fathers’ eyes he was a poet of such worth that they | passed a law that every four years at the Panathenaea

he alone of all the poets should: have his works recited 7; and thus they showed the Greeks their @ The law that Homer should be recited δὲ the festival of _the Great Panathenaea, held in the third year of each Olympiad, may fairly safely be assigned to the time of the _ Pisistratids (c. 560 to 510 B.c.), It is not mentioned in con- nexion with Pisistratus himself, though he is credited by ἃ number of ancient authorities with the establishment of a definite text of Homer (cf. Cicero, de Orat. iii. 34), but according to [Plat.] Hipparchus 228 5, his son Hipparchus did provide for recitations at the festival.

© τὸν Ὅμηρον ... . ἐπαινῶν] τῶν Ὁμήρου. . . ἐπῶν Reiske. 7 πεντετηρίδα Dobree: aevraernpida-codd. 91

LYCURGUS

τῶν ἔργων προῃροῦντο. εἰκότωξ' of μὲν yap νόμοι διὰ τὴν συντομίαν οὐ διδάσκουσιν ἀλλ᾽ ἐπι- τάττουσιν ἃ δεῖ ποιεῖν, οἱ δὲ ποιηταὶ μιμούμενοι A > ’ , A , n Ν τὸν ἀνθρώπινον βίον, τὰ κάλλιστα τῶν ἔργων [162] ἐκλεξάμενοι, μετὰ λόγου καὶ ἀποδείξεως τοὺς 3 4 / σ A ~ ‘ 103 ἀνθρώπους συμπείθουσιν. “Ἕκτωρ yap τοῖς Τρωσὶ παρακελευόμενος ὑπὲρ τῆς πατρίδος τάδ᾽ εἴρηκεν" ἀλλὰ μᾶχεσθ᾽ ἐπὶ νηυσὶ διαμπερές. ὃς δέ κεν ὑμέων ΄ 3A ‘ / ‘ / > "ἡ βλήμενος He τυπεὶς θάνατον Καὶ πότμον ἐπίσπῃ; τεθνάτω. οὔ οἱ ἀεικὲς ἀμυνομένῳ περὶ πάτρης τεθνάμεν. ἀλλ᾽ ἄλοχός τε σόη καὶ νήπια τέκνα, a > καὶ, κλῆρος καὶ οἶκος" ἀκήρατος, εἴ κεν ᾿Αχαιοὶ r a οἴχωνται σὺν νηυσὶ φίλην ἐς πατρίδα γαῖαν.

104 τούτων τῶν ἐπῶν ἀκούοντες, ὦ ἄνδρες, οἱ πρό- γονοι ὑμῶν. Kat τὰ τοιαῦτα τῶν ἔργων ζηλοῦντες οὕτως ἔσχον πρὸς ἀρετὴν ὥστ᾽ οὐ μόνον ὑπὲρ τῆς αὑτῶν πατρίδος, ἀλλὰ καὶ πάσης {τῆς Ἑλλάδος ὡς κοῆς ἤθελον ἀποθνήσκειν. οἱ γοῦν [ἐν Μαραθῶνι παραταξάμενοι τοῖς βαρβάροις τὸν ἐξ ἁπάσης τῆς ᾿Ασίας στόλον ἐκράτησαν, τοῖς ἰδίοις κινδύνοις κοινὴν ἄδειαν ἅπασι τοῖς “Ἕλλησι κτώ- μενοι, οὐκ ἐπὶ τῇ δόξῃ μέγα φρονοῦντες ἀλλ᾽ ἐπὶ τῷ ταύτης ἄξια πράττειν, τῶν μὲν Ἑλλήνων mpooratas, τῶν δὲ βαρβάρων δεσπότας ξαυτοὺς καθιστάντες" οὐ yap λόγῳ τὴν ἀρετὴν ἐπετήδευον.

105 ἀλλ᾽ ἔργῳ πᾶσιν ἐνεδείκνυντο." τοιγαροῦν οὕτως 1 διαμπερές] ἀολλέες Ilias. xv. 494.

92

AGAINST LEOCRATES, 102-105

admiration for the noblest.deeds. They were right to do so. Laws are too brief to give instruction : they merely state the things that must be done ; but poets, depicting life itself, select the noblest actions and so through argument and demonstration convert men’s hearts. Thus Hector, while exhorting the Trojans to defend their country, speaks these words :

Fight on unresting by the ships; and if some meet their fate By κλύον of dart, or battling hand to hand, then let them

ie.

To fall in combat for your country’s sake is no disgrace ;

For Ene and child will live unharmed, and home and plot ast on,

If Ἣν i Achaeans leave and sail their ships to their own and.

These are the lines, gentlemen, to which your fore- fathers listened, and such are the deeds which they emulated. Thus they developed such courage that they were ready to die, not for their country alone, but for the whole of Greece as ἃ land in whose heritage they shared, Certainly those who con- - _ fronted the barbarians at Marathon, by defeating an army from the whole of Asia, won, at their own peril, security for every Greek alike. .They gave them- selves no credit for glory but valued rather conduct deserving of it, whereby they made themselves the champions of the Greeks and lords of the barbarians. Their pursuit of valour, was no idle boast ; they dis- played it in action to. the world. Mark how the men

2 καὶ νήπια τέκνα] καὶ παῖδες. ὀπίσσω ibid, 497. 8. καὶ κλῆρος καὶ οἶκος] καὶ οἶκος καὶ κλῆρος ibid. 498. ᾿ς τῆς add. Blume, ev del. Es. 8 ἐνεδείκνυντο Cohn: ἀνεδείκνυντο Ν : ἐπεδείκνυντο A.

93

LYCURGUS

ἦσαν ἄνδρες σπουδαῖοι Kal κοινῇ καὶ ἰδίᾳ of τότε τὴν πόλιν οἰκοῦντες ὥστε τοῖς ἀνδρειοτάτοις Λακεδαιμονίοις ἐν τοῖς ἔμπροσθεν χρόνοις πολε- μοῦσι πρὸς Μεσσηνίους ἀνεῖλεν 6 θεός, παρ᾽ ἡμιῶν ἡγεμόνα λαβεῖν καὶ νικήσειν τοὺς ἐναντίους. καιΐ- τοι εἰ τοῖν ἀφ᾽ Ἡρακλέους γεγενημένοιν," of ciel βασιλεύουσιν ἐν Σπάρτῃ, τοὺς παρ᾽ ἡμῶν ἡγε- μόνας ἀμείνους ὁ θεὸς ἔκρινε, πῶς οὐκ ἀνυπέρ- 106 βλητὸν χρὴ τὴν ἐκείνων ἀρετὴν νομίζειν; τίς γὰρ οὐκ οἷδε τῶν Ἑλλήνων ὅτι Τυρταῖον στρατηγὸν. ἔλαβον παρὰ τῆς πόλεως, μεθ᾽ οὗ καὶ τῶν πολεμίων. ἐκράτησαν καὶ τὴν περὶ τοὺς νέους ἐπιμέλειαν. συνετάξαντο, οὐ μόνον εἰς τὸν παρόντα κίνδυνον. ἀλλ᾽ εἰς ἅπαντα τὸν αἰῶνα βουλευσάμενοι καλῶς; κατέλιπε γὰρ αὐτοῖς ἐλεγεῖα ποιήσας, ὧν ἀκούοντες: 107 παιδεύονται πρὸς ἀνδρείαν: καὶ περὶ τοὺς ἄλλους: σφόδρα ἐσπουδάκασιν ὥστε νόμον ἔθεντο, ὅταν ἐν! τοῖς ὅπλοις ἐξεστρατευμένοι" ὦσι," καλεῖν ἐπὶ τὴν! τοῦ dws σκηνὴν ἀκουσομένους τῶν Τυρταίου: ποιημάτων ἅπαντας, νομίζοντες οὕτως ἂν ν᾽ μάλιστα πρὸ τῆς πατρίδος ἐθέλειν ἀποθνήσκειν. χρήσιμον δ᾽ ἐστὶ καὶ τούτων ἀκοῦσαι τῶν ἐλε-. Σ : a cout tie τ erned art ag τοῖς . . . yeyerny ἐξεστρατευμένοι Es: ἐκστρατευόμενοι Codd. OF

AGAINST LEOCRATES, 105-107

_ who lived at Athens then excelled in public, and in private life ; so greatly that when in days gone by the Spartans, so renowned for courage, were at war with the Messenians the god advised them to take a leader from us; for so they would defeat their enemies. And yet if the god decided that the leaders sent from Athens were better than the two descendants of Heracles who in succession reign at Sparta, must we not conclude that nothing τὰ aa pass the valour of our ancestors? Does any Greek not know that they took Tyrtaeus from our city “ to be their leader and with him defeated their enemies and established their system of training for the young,

_ thus wisely providing for the immediate danger and

_ for their whole future too? For Tyrtaeus left them elegiac poems by his own hand, and through listening to these they are trained to be brave. h they have no regard for other poets, they valued his. works

_ so highly that they passed a law which provides that

_ their men, after taking the field, shall be summoned

to the king’s tent to hear the verses of Tyrtaeus all

together, holding that this of all things would make

_ them most ready to die for their country. It will be

profitable for you to hear these elegiac verses too, * Tyrtaeus, of whose date n certain is known, is

᾿ἠμβανε thought to have lived δὲ time, of the Second path ite beg

_ Plato, who in the jess ation simply that he was an Athenian

(Plat. Leg. i. — 2». omen ὁ tells τὰ story, agreeing

substantiall ‘curgus adding T yrtaeus was a

Sad, ealvpolevasteet voles tlancA thulininsiehtrens’orilfings Govlet

since he was not regarded as in any way outstanding

aus. iv. 15. 3).

3 ὥσι As Go Becker :eot codd:

95

LYCURGUS

,ὔ “ 5» > / ~ 3 , 9 γείων, ἵν᾽ ἐπίστησθε οἷα ποιοῦντες εὐδοκίμουν παρ ἐκείνοις.

τεθνάμεναι γὰρ καλὸν ἐνὶ προμάχοισι πεσόντα ἄνδρ᾽ ἀγαθόν, περὶ ἧ πατρίδι μαρνάμενον. τὴν δ᾽ αὐτοῦ προλιπόντα πόλιν καὶ πίονας ἀγροὺς πτωχεύειν πάντων ἔστ᾽ ἀνιηρότατον, πλαζόμενον σὺν μητρὶ φίλῃ καὶ πατρὶ γέροντι 5 παισί τε σὺν μικροῖς κουριδίῃ ΓᾺ ἀλόχῳ. ἐχθρὸς μὲν γὰρ τοῖσι μετέσσεται, οὕς κεν ἵκηται “χρημοσύνῃ" αὶ εἴκων καὶ στυγερῇ πενίῃ, αἰσχύνει de? γένος, κατὰ δ᾽ ἀγλαὸν εἶδος ἐλέγχει, πᾶσα δ᾽ ἀτιμίη καὶ κακότης ἕπεται. 10 εἰ 5° οὕτως ἀνδρός τοι ἀλωμένου οὐδεμί᾽ pn γίγνεται οὐδ᾽ αἰδώς, οὔτ᾽ ὀπίσω γένεος," θυμῷ γῆς περὶ τῆσδε μαχώμεθα, καὶ περὶ παί- ων θνήσκωμεν ψυχέων" μηκέτι φειδόμενοι. [163] ὦ νέοι, ἀλλὰ μάχεσθε παρ᾽ ἀλλήλοισι μένον- τες, 15 μηδὲ φυγῆς αἰσχρῆς" ἄρχετε μηδὲ φόβου, ἀλλὰ μέγαν ποιεῖσθε καὶ ἄλκιμον ἐν φρεσὶ θυ- ὄν, μηδὲ ἀλη τ ἀνδράσι μαρνάμενοι" ec παλαιοτέρους, ὧν οὐκέτι γούνατ᾽ ἐλα- ρά, μὴ καταλείποντες φεύγετε, τοὺς γεραιούς. 20 αἰσχρὸν γὰρ δὴ τοῦτο, μετὰ προμάχοισι πεσόντα κεῖσθαι πρόσθε νέων ἄνδρα παλαιότερον, ἤδη λευκὸν ἔχοντα κάρη πολιόν τε γένειον, υμὸν ἀποπνείοντ᾽ ἄλκιμον ἐν Kovin,

96

AGAINST LEOCRATES, 107

that you may know what sort of conduct brought men fame among the Spartans.*

Nobly comes death to him who in the van Fighting for fatherland has made his stand. Shame and despite attend the coward’s flight, Who, leaving native town and fruitful land, Wanders, a homeless beggar, with his kin, True wife, old father, mother, tender child. Unwelcome will he be where’er he goes, Bowed down with hardship and by want defiled. Bringing his house dishonour, he belies His noble mien, a prey to fear and shame. Thus roams the waif unpitied and unloved, He and the line that after bears his name. Be stalwart then. Think not of life or limb; Shielding our land and children let us die. Youths, brave the fight together. Be not first To yield to craven cowardice and. fly. Make large your hearts within you. _Undismayed Engage in battle with grown men. Be bold; And standing fast forsake not those whose feet No longer keep their swiftness. Guard the old. For shame it is to see an elder fall, Down in the forefront, smitten in the strife, Before the youths, with grey beard, hair grown white, To breathe out in the dust his valiant life,

« Alternative versions of these lines will be found in the Oxford Book of Greek Verse in Translation (no. 97) and in the Loeb Elegy and Iambus (vol. i., no. 258).

ᾧ vn Bergk jv codd

χρημοσύνῃ berg@kK : χρησμοσύνῃ ἅ

3 δὲ Hartung: τε codd. 8. εἰ δ᾽ Francke: εἴθ᾽ codd. 4 γένεος Ahrens: τέλος codd. : εἰσοπίσω τελέθει Ald. 5. ψυχέων Ald. : ψυχάων codd. ® αἰσχρῆς Sauppe: αἰσχρᾶς codd. 97.

LYCURGUS

αἱματόεντ᾽ αἰδοῖα φίλαις ἐν χερσὶν ἔχοντα 2ὅ > ‘ eT re a ‘ . 8. « (αἰσχρὰ τά γ᾽" ὀφθαλμοῖς καὶ νεμεσητὸν ἰδεῖν) καὶ χρόα γυμνωθέντα. νέοισι δὲ πάντ᾽ ἐπέοικεν, "Μ a: Ὁ ~ Ὁ 3 ‘ » Μ ὄφρ ἐρατῆς ἥβης ἀγλαὸν ἄνθος ἔχῃ: ἀνδράσι μὲν θηητὸς" ἰδεῖν, ἐρατὸς δὲ γυναιξὶν ζωὸς ἐ ἐών, καλὸς δ᾽ ἐν προμάχοισι πεσών. 30 ἀλλά τις εὖ διαβὰς μενέτω ποσὶν ἀμφοτέροισιν στηριχθεὶς ἐπὶ γῆς, χεῖλος ὀδοῦσι δακών.

108 καλά om: , ὦ ἄνδρες, καὶ χρήσιμα τοῖς βουλομένοις

προσέχειν. οὕτω τοίνυν εἶχον πρὸς ἀνδρείαν οἱ τούτων ἀκούοντες ὥστε πρὸς τὴν πόλιν ἡμῶν περὶ τῆς ἡγεμονίας ἀμφισβητεῖν, εἰκότως" τὰ γὰρ

Lora τῶν ἔργων ἀμφοτέροις ἢ ἣν κατειργασμένα. οἵ μὲν γὰρ πρόγονοι τοὺς βαρβάρους ἐνίκησαν, οἵ πρῶτοι τῆς ᾿Αττικῆς ἐπέβησαν, καὶ καταφανῆ ἐποίησαν τὴν ἀνδρείαν τοῦ πλούτου καὶ τὴν ἀρετὴν τοῦ πλήθους περιγιγνομένην" Λακεδαιμόνιοι δ᾽ ἐν Θερμοπύλαις παραταξάμενοι ταῖς μὲν τύχαις οὐχἣ ὁμοίαις" ἐχρήσαντο, τῇ δ᾽ ἀνδρείᾳ πολὺ πάντων δι-

109 ἤνεγκαν. τοιγαροῦν ἐπὶ τοῖς ἠρίοις" μαρτύρια ἔστιν

ἰδεῖν τῆς ἀρετῆς αὐτῶν ἀναγεγραμμένα ἀληθῇ πρὸς ἅπαντας τοὺς “Ἕλληνας, ἐκείνοις μέν'

ὦ ξεῖν᾽, ἄγγειλον Λακεδαιμονίοις ὅ ὅτι τῇδε κείμεθα τοῖς κείνων πειθόμενοι νομίμοις,

τοῖς δ᾽ ὑμετέροις προγόνοις"

“Ἑλλήνων προμαχοῦντες ᾿Αθηναῖοι Μαραθῶνι χρυσοφόρων Μήδων ἐστόρεσαν δύναμιν. 1 τά γ᾽ ἐγ το cores et Toy ΩΣ τά τ᾽ oe ~seedy y ma

Reiske : otow cod

3 οὐχ add. mond 4 ὁμοίαις Bekker ὁμοίως codd. 98

AGAINST LEOCRATES, 107-109

Clasping his bloody groin with clinging hands, (Fit sight indeed to kindle wrath and shame!)

His body bared. But those whom youth’s sweet flower Adorns unfaded nothing can defame.

Honour of men is theirs, in life, and women’s love : Fair are they too when in the van laid low.

Then clench your teeth and, with both feet astride, Firm planted on the ground withstand the foe.

They are fine lines, gentlemen, and a lesson too for those who wish to heed them. Such was the courage of the men who used to hear them that they disputed with our city for supremacy ; no matter for surprise, since the most gallant feats had been per- formed by either people. Your ancestors defeated the barbarians who first set foot in Attica, demon- strating clearly the superiority of valour over wealth and courage over numbers. The Spartans took the field at Thermopylae, and, though their fortune was less happy, in bravery they far surpassed all rivals. And so over their graves a testimony to their courage can be seen, faithfully engraved for every Greek to read ; to the Spartans :

Go tell the Spartans, thou who passest by, That here obedient to their laws we lie.

And to your ancestors :

Athenians, guarding Greece, subdued in fight, At Marathon the gilded Persians’ might.*

* Both epigrams are by Simonides of Ceos (c. 560-470 B.c.), The well-known version of the first given here is that of W. L. Bowles, which has been somewhat modified in the Oz- ford Book of Greek Verse in Translation (no. 212). Strabo, who quotes the original (Strabo ix. iy.), agrees with the wording. given by Lycurgus, except that for the first three

5 ἠρίοις Wurm : ὁρίοις τοῦ βίου codd.

99

110

111

112 > [164]

LYCURGUS

Tatra, ὦ ᾿Αθηναῖοι, καὶ “μνημονεύεσθαι καλὰ καὶ τοῖς πράξασιν ἔ ἔπαινος καὶ τῇ πόλει δόξα ἀείμνη- στος. ἀλλ᾽ οὐχ ὃ Λεωκράτης πεποίηκεν, ἀλλ᾽ ἑκὼν τὴν ἐξ ἅπαντος τοῦ αἰῶνος συνηθροισμένην τῇ πόλει δόξαν κατήσχυνεν. ἐὰν μὲν οὖν αὐτὸν ἀπο- κτείνητε, δόξετε πᾶσι τοῖς “ἕλλησι καὶ ὑμεῖς τὰ τοιαῦτα τῶν ἔργων μισεῖν" εἰ δὲ μή, καὶ τοὺς προ- γόνους τῆς πὰαλαιᾶς δόξης ἀποστερήσετε καὶ τοὺς ἄλλους πολίτας μεγάλα βλάψετε. οἱ γὰρ ἐκείνους μὴ θαυμάζοντες τοῦτον πειράσονται μιμεῖσθαι, νομίζοντες ἐκεῖνα μὲν παρὰ τοῖς παλαιοῖς" εὖ- δοκιμεῖν, παρ᾽ ὑμῖν δ᾽" ἀναίδειαν καὶ προδοσίαν καὶ δειλίαν κεκρίσθαι κάλλιστον.

Ki {δὲν μὴ δύνασθε ὑπ᾽ ἐμοῦ διδαχθῆναι ὃν τρόπον δεῖ πρὸς τοὺς τοιούτους ἔχειν, σκέψασθε ἐκείνους τίνα τρόπον ἐλάμβανον παρ᾽ αὐτῶν τὴν τι- μωρίαν: ὥσπερ γὰρ τὰ καλὰ τῶν ἔργων ἠπίσταντο ἐπιτηδεύειν, οὕτω καὶ τὰ πονηρὰ προῃροῦντο κολάζειν. ἐκεῖνοι γάρ, ὦ ἄνδρες, θεωρήσατε ὡς ὠργίζοντο τοῖς “προδόταις καὶ κοινοὺς ἐχθροὺς ἐνόμιζον. εἶναι τῆς πόλεως. Φρυνίχου γὰρ ἀπο- σφαγέντος νύκτωρ παρὰ τὴν κρήνην τὴν ἐν τοῖς

1 τοῖς πράξασιν Taylor: ταῖς πράξεσιν codd. * τοῖς παλαιοῖς Taylor : : τοῖς πολεμίοις. codd,

3 aap’ ὑμῖν δ᾽ Blass: παρὰ δ᾽ ὑμῖν A: παρ᾽ ὑμῖν N. 4 δὲ add. Giephanus:

words he has: ὦ ξέν᾽ ἀπάγγειλον. Herodotus (vii. 228) has a slightly different version : ὦ ξεῖν᾽ ἀγγέλλειν Λακεδαιμονίοις, ὅτι τῇδε ἀρ fri κείνων la enti: Cicero’s Latin translation was as follows (Tusc. Disp. i. 42): Dic, hospes, Spartae nos te hie vidisse iacentes dum sanctis patriae legibus obsequimur.

100

AGAINST LEOCRATES, 110-112

These are noble lines for us to remember, Athe- nians ; they are a tribute to those whose deeds they record and an undying glory to the city. But Leo- crates has not acted thus. Deliberately he sullied that honour which the city has accumulated from the earliest times. Therefore if you kill him all Greeks will believe that you too hate such acts as his. If not, you will rob. your forbears of their long-lived renown, and will do grievous harm to your. fellow citizens. For those who do not admire our ancestors will try to imitate Leocrates, believing that although among men of the past the old virtues had a place of honour, in your eyes shamelessness, treachery and cowardice are held in most esteem. —__

_ If I am unable to show you what your attitude towards such men should be, remember your ancestors and the methods of punishment which they employed against them. Capable as they were of the noblest actions, they were no less ready to punish what was base. Think of them, gentlemen ; think how enraged they were with traitors and how they looked on them as common enemies of the city. You remember when Phrynichus ¢ was murdered at night beside the

* Phrynichus, commander of the Athenian fleet. at Samos, took part in the Revolution of the Four Hundred in: 411 3.c. According to Thucydides (viii. 92) he was murdered in the market place in broad daylight (ἐν τῇ ayépa πληθούσῃ) by an unknown hand, after returning from a mission to Sparta which had failed, But the account of Lysias (xiii,.71) agrees in the main with that of Lycurgus. The spring was probably in the market place. Critias was later chief of the Thirty.

101

LYCURGUS

oiavois ὑπὸ ᾿Απολλοδώρου Kai Θρασυβούλου, καὶ τούτων ληφθέντων καὶ εἰς τὸ δεσμωτήριον ἀπό- τεθέντων ὑπὸ τῶν τοῦ Φρυνίχου φίλων, αἰσθό- μενος ὁ δῆμος τὸ γεγονὸς τούς τε εἱρχθέντας. ἐξήγαγε, καὶ βασάνων. γενομένων ἀνέκρινε, καὶ τῶν τὸ πρᾶγμα εὗρε τὸν μὲν Φρύνιχον προδιδόντα τὴν πόλιν, τοὺς ἀποκτείναντας αὐτὸν ἀδίκως 113 eipyOévras: καὶ ψηφίζεται ὁ ὃ δῆμος Κριτίου εἰπόντος τὸν μὲν νεκρὸν κρίνειν προδοσίας, κἂν δόξῃ προ- δότης ὧν ἐν τῇ χώρᾳ τεθάφθαι, τά τεῦ ὀστᾶ αὐτοῦ ἀνορύξαι καὶ ἐξορίσαι ἔξω τῆς ᾿Αττικῆς, ὅπως ἂν μὴ κέηται ἐν τῇ χώρᾳ μηδὲ τὰ ὀστᾶ τοῦ τὴν χώραν καὶ τὴν πόλιν προδιδόντος. ἐψηφίσαντο 114 δὲ" καὶ ἐὰν ἀπολογῶνταί τινες ὑπὲρ" τοῦ τετελευ- τηκότος, ἐὰν ἁλῷ ὁ ,Τεθνηκώς, ἐνόχους εἶναι καὶ τούτους τοῖς αὐτοῖς ἐπιτιμίοις" οὕτως οὐδὲ βοηθεῖν τοῖς τοὺς ἄλλους ἐγκαταλείπουσιν ἡγοῦντο δίκαιον εἶναι, ἀλλ᾽ ὁμοίως ἂν προδοῦναι τὴν πόλιν καὶ τὸν διασῴζοντα τὸν προδότην. τοιγαροῦν οὕτω μισοῦντες τοὺς ἀδικοῦντας καὶ τὰ τοιαῦτα κατ᾽ αὐτῶν ψηφιζόμενοι ἀσφαλῶς ἐκ τῶν κινδύνων ἀπ- ἠλλάττοντο. λαβὲ δ᾽ αὐτοῖς τὸ ψήφισμα, γραμμα-

“- a “ τεῦ, καὶ ἀνάγνωθι. ΨΗΦΙΣΜΑ

115 ᾿Ακούετε, ὦ ἄνδρες, τούτου τοῦ ψηφίσματος. ἔπειτα ἐκεῖνοι μὲν τὰ τοῦ προδότου ὀστᾶ ἀνορύξ- αντες ἐκ τῆς ᾿Αττικῆς ἐξώρισαν καὶ τοὺς ἀπολο- γουμένους ὑπὲρ αὐτοῦ ᾿Αρίσταρχον καὶ ᾿Αλεξικλέα

eens . « « ἐξήγαγε Coraes: αἰσθανόμενος . . . ἐσῆγε

2 re) ye Jacob. 102

AGAINST LEOCRATES, 112-115

fountain. in the osier beds by Apollodorus and Thrasybulus, who were later caught and put in the prison by the friends of Phrynichus... The. people noted what had happened and, releasing the prisoners, held an inquiry after torture. On investigation they found that Phrynichus had been trying to betray the city and that his murderers had been unjustly im- prisoned. They decreed publicly, on the motion of Critias, that the dead man should be tried for treason, and that if it were found that this was a tratior who had been buried in the country, his bones should be dug up and removed from Attica,* so that the land should not have lying in it even the bones of one who had betrayed his country and his city. They decreed also that if any persons defended the dead man and he were found guilty, they should be liable to the same punishment as he. Thus, in their view, it was wrong even to assist men who had deserted others ; and to try to save the traitor would be to betray the city no less than he. In this way then, by hating wrong- doers and by passing such measures, against them, they brought themselves safely out of dangers. Pro- duce the decree for them, clerk, and read it.

The Decree

You hear this decree, gentlemen. After it was passed your ancestors dug up the traitor’s bones and cast them out of Attica; they killed his defenders, Aristarchus and Alexicles, and even refused: them

2 A law existed to the effect that a man condemned for treason should not be buried in Attica (see Xen. Hell. i. 7. 22).

3 Post δὲ habent τινες codd., del. Heinrich. 4 ὑπὲρ Herwerden: περὶ

103

LYCURGUS

> / a 99? » ~ / = > /

ἀπέκτειναν καὶ οὐδ᾽ ἐν TH χώρᾳ ταφῆναι ἐπέτρεψαν'

ε A δ᾽ fee, \ -“ \ ‘ Ἁ / ὑμεῖς δ' αὐτὸ τὸ σῶμα τὸ προδεδωκὸς τὴν πόλιν ζῶν καὶ ὑποχείριον. ἔχοντες τῇ ψήφῳ, ἀτιμώρητον 116 ἐάσετε; καὶ τοσοῦτόν y ἔσεσθε' τῶν προγόνων χείρους ὅσον ἐκεῖνοι μὲν τοὺς λόγῳ μόνον τῷ προδότῃ βοηθήσαντας ταῖς ἐσχάταις τιμωρίαις. μετῆλθον, ὑμεῖς δὲ αὐτὸν τὸν ἔργῳ καὶ οὐ λόγῳ

\ ~ > /, « 29>\ 3 ~ τὸν δῆμον. ἐγκαταλιπόντα ὡς οὐδὲν ἀδικοῦντα

> / A ~ Φ ΜΝ , A \ ἀφήσετε; μὴ δῆτα, ὦ ἄνδρες δικασταί, {οὔτε yap ὅσιον)" ὑμῖν οὔτε" πάτριον, ἀναξίως ὑμῶν αὐτῶν ψηφίζεσθε. καὶ γὰρ εἰ μὲν ἕν τι τοιοῦτον γεγονὸς 4 » > a c > > \

ἣν ψήφισμα, εἶχεν ἄν tis εἰπεῖν ὡς δι᾿ ὀργὴν a ’ > > 7 > ,ὔ Ὁ A ‘ μᾶλλον ἢ du’ ἀλήθειαν ἐποιήσαντο: ὅταν δὲ παρὰ πάντων ὁμοίως εἰληφότες ὦσι τὴν αὐτὴν τιμωρίαν, πῶς οὐκ εὔδηλον ὅτι φύσει πᾶσι τοῖς τοιούτοις 117 ἔργοις ἐπολέμουν; 3 Ἵππαρχον γὰρ τὸν Xdppiov,* οὐχ ὑπομείναντα τὴν περὶ τῆς προδοσίας ἐν τῷ δήμῳ κρίσιν ἀλλ᾽ ἔρημον τὸν ἀγῶνα ἐάσαντα, θανάτῳ τοῦτον ζημιώσαντες, ἐπειδὴ τῆς ἀδικίας οὐκ ἔλαβον τὸ σῶμα ὅμηρον, τὴν εἰκόνα αὐτοῦ ἐξ ἀκροπόλεως καθελόντες καὶ συγχωνεύσαντες καὶ ποιήσαντες “στήλην, ἐψηφίσαντο εἰς ταύτην ἀνα- γράφειν τοὺς ἀλιτηρίους καὶ τοὺς προδότας: καὶ αὐτὸς ὁ Ἵππαρχος ἐν ταύτῃ τῇ στήλῃ ἀναγέ- 118 γραπται, καὶ οἱ ἄλλοι δὲ προδόται. καί μοι λαβὲ πρῶτον μὲν τὸ ψήφισμα, καθ᾽ ὃ ἡ εἰκὼν τοῦ

ε / ~ / > > / / Ἱππάρχου τοῦ προδότου ἐξ ἀκροπόλεως καθῃρέθη, ἔπειτα τῆς. στήλης τὸ ὑπόγραμμα καὶ τοὺς ὕστερον

1 γ᾽ ἔσεοθε Gebauer: ἔσεσθέ γε codd.

3. οὔτε γὰρ ὅσιον add. Petrie: οὔτε γὰρ ἔμφυτον ci. Blass. 104

AGAINST LEOCRATES, 115-118

burial in the country. Will you then, who have the very person who has betrayed the city alive and at the mercy of your vote, let him go unpunished ? Your ancestors inflicted the extreme penalty on men who simply lent the traitor verbal help. Will you fall so short of their example as to let go as innocent the man who abandoned the state in deed as well as word ? Do not do it, gentlemen of the jury. Do not give a verdict unworthy of yourselves ; for it would be both impious and contrary to your traditions. If only one such decree were recorded, we might have said that anger rather than real conviction had prompted it. But when the same punishment was meted out by them to all alike it is surely plain that our ancestors were by nature bound to make war on all such crimes. When Hipparchus, the son of Charmus,’ did not stand his trial for treason before the people but let the case go by default, they sentenced him to death. Then, as they did not secure his person to answer for the crime, they took down his statue from the Acropolis and, melting it down, made.a pillar of it,.on which they decreed that the names of sinners and traitors ' should be inscribed. .Hipparchus himself has _ his name recorded on this pillar and all other traitors too. Clerk, please take the decree which authorized the statue of Hipparchus to be taken down from the Acropolis and then the inscription at the base of the

_ * Lyeurgus appears to be the sole authority for this story. Hipparchus, a relation of the Fisistratids, was the first Athenian to be ostracized (cf. Arist. Ath. Pol. 22 and Plut. Nie, 11).

3 οὔτε! οὕτω Ald. 4 Xdpyov Harpocration(s.v."Immapyos. Cf. Aristot. Ath. Pol. 22. 4): Τιμάρχου codd.

105

119

120

121 [165]

LYCURGUS

mpoocavaypadhevras* προδότας εἰς ταύτην τὴν στή- λην, καὶ ἀναγίγνωσκε, γραμματεῦ. ΨΗΦΙΣΜΑ ΚΑΙ. ὙΠΟΓΡΑΜΜΑ ΤῊΣ ΣΤΗΛΗΣ

Τί δοκοῦσιν ὑμῖν, ὦ ἄνδρες; ἄρά γ᾽ ὁμοίως ὑμῖν περὶ τῶν ἀδικούντων γιγνώσκειν, καὶ οὐκ, ἐπειδὴ καὶ τὸ σῶμα οὐκ ἐδύναντο ὑποχείριον ἱτοῦ προδότου" λαβεῖν, τὸ μνημεῖον τοῦ προδότοι" ἀνελόντες ταῖς ἐνδεχομέναις τιμωρίαις ἐκόλασαν; οὐχ ὅπως τὸν χαλκοῦν ἀνδριάντα συγχωνεύσειαν, ἀλλ᾽ ἵνα τοῖς ἐπιγιγνομένοις παράδειγμα εἰς τὸν λοιπὸν χρόνον ὡς elxov πρὸς τοὺς προδότας καταλίποιεν.

Λαβὲ δ᾽ αὐτοῖς καὶ τὸ ἕτερον ρα {τὸν περὶ τῶν εἰς Δεκέλειαν μεταστάντων, ὅτε ὁ δῆμος ὑπὸ Λακεδαιμονίων ἐπολιορκεῖτο, ὅπως εἰδῶσιν ὅτι περὶ τῶν προδοτῶν οἱ πρόγονοι. ὅμοίας καὶ ἀκολούθους ἀλλήλαις τὰς τιμωρίας ἐποιοῦντο. ἀναγίγνωσκε, γραμματεῦ.

ΨΗΦΙΣΜΑ

᾿Ακούετε, ὦ ὦ avdpes, καὶ τούτου τοῦ ψηφίσματος, ὅτι τῶν ἐν τῷ πολέμῳ μεταστάντων εἰς Δεκέλειαν κατέγνωσαν, καὶ ἐψηφίσαντο, ἐάν. Tis» αὐτῶν > \ cy7 > - > ,ὔ ‘ ἐπανιὼν ἁλίσκηται, ἀπαγαγεῖν ᾿Αθηναίων τὸν βουλόμενον πρὸς τοὺς θεσμοθέτας, παραλαβόντας δὲ “παραδοῦναι τῷ ἐπὶ τοῦ ὀρύγματος. ἔπειτα ἐκεῖνοι μὲν τοὺς ἐν αὐτῇ τῇ χώρᾳ μεταστᾶντας

1 προσαναγραφέντας Taylor: πρραναγρήψήντρα codd.

τοῦ προδότου del, Es, τὸ add. Thalheim.

106

AGAINST. LEOCRATES, 118-121

pillar with the names of the traitors later need upon it and read them out.

Decree and Text of Inscription on, the Pillar

What is your impression of them, gentlemen? Had they the same attitude as yourselves towards wrong- doers? Or did they, by obliterating the memorial of the traitor, since they could not command his person, punish him with all. the means at, their, disposal? The simple fact of melting down the bronze statue was not enough for them; they wished to leave to their successors a lasting memorial of their attitude to traitors.

Let the jury hear the other, decree, clerk, relating to the men who withdrew to Decelea? when the people were besieged by ‘the Spartans, so that they will realize that the punishments inflicted by our an- cestors on. traitors were uniform and self-consistent. Read it.

Decree

You hear this decree too, gentlemen. It says that they condemned any who moved to Decelea in war- time and laid it down ‘that those who were caught returning should be led by any Athenian who cared to do so to the Thesmothetae who should take them into custody and hand them over to the executioner.? If they dealt thus with men who merely changed their

4 Decelea, a town in the North of Attica, was occupied by the Peloponnesians ‘in| 413 5.0. and therefore served as a haven for deserters from Athens. Lycurgus seems to be the only writer who mentions this decree.

> Literally: “ the man in charge of the pit.’”’. τὸ ὄρυγμα is the.same as 70 βάραθρον, the cleft into which criminals at Athens were thrown.

107

LYCURGUS

Ὁ δ ὧδ ς a \ A > a / ‘ οὕτως ἐκόλαζον, ὑμεῖς δὲ τὸν ἐκ τῆς πόλεως Kal

a ’ > ~ / s > «ς 7 ‘ τῆς χώρας ἐν τῷ πολέμῳ φυγόντα eis Ῥόδον καὶ προδόντα τὸν δῆμον οὐκ. ἀποκτενεῖτε; πῶς οὖν δόξετε ἀπόγονοι εἶναι ἐκείνων τῶν ἀνδρῶν;

mw “ > ~ ‘ a\1 A “- >

122 “Agvov τοίνυν ἀκοῦσαι καὶ <rod)* περὶ τοῦ ἐϊ

Σαλαμῖνι “τελευτήσαντος γενομένου ψηφίσματος, ὃν ἡ βουλή, ὅτι λόγῳ μόνον ἐνεχείρει προδιδόνα. τὴν πόλιν, περιελομένη τοὺς στεφάνους αὐτοχειρὶ ἀπέκτεινεν. γενναῖον δ᾽, ὦ ἄνδρες, τὸ ψήφισμα καὶ ἄξιον τῶν ὑμετέρων προγόνων, δικαίως" εὐγενεῖς

‘ 3 / A Γ ‘ > A ‘ ‘ ~ > 4 yap od μόνον τὰς ψυχὰς ἀλλὰ καὶ Tas τῶν ἀδικούν- τῶν τιμωρίας ἐκέκτηντο.

ΨΗΦΙΣΜΑΣ 123 Τί οὖν, ὦ ἄνδρες; ἄρά γ᾽ ὑμῖν δοκεῖ βουλο- μένοις μιμεῖσθαι. τοὺς προγόνους πάτριον εἶναι Λεωκράτην μὴ οὐκ ἀποκτεῖναι; ὁπότε γὰρ ἐκεῖνοι ἀνάστατον τὴν πόλιν οὖσαν τὸν λόγῳ μόνον προδιδόντα οὕτως ἀπέκτειναν, τί ὑμᾶς προσήκει τὸν ἔργῳ καὶ οὐ λόγῳ τὴν οἰκουμένην. ἐκλιπόντα ποιῆσαι; ἄρ᾽ οὐχ ὑπερβαλέσθαι. ἐκείνους ταῖς > a

τιμωρίαις; " Kal ὅτ᾽ ἐκεῖνοι τοὺς ἐπιχειρήσαντας" τῆς παρὰ τοῦ δήμου σωτηρίας" ἀποστερεῖν οὕτως ἐκόλασαν, τί ὑμᾶς προσήκει τὸν αὐτοῦ τοῦ δήμου τὴν σωτηρίαν προδόντα ποιῆσαι; καὶ ὅτε ὑπὲρ

1 τοῦ add. Reiske.

2 εὐγενεῖς Dobree : συγγενεῖς codd.

3 Titulum, quem supra post ἀπέκτεινεν liabet N, om, alii codd., hue transtulit Rehdantz.

4 οὐκ add. N.

5 sais τιμωρίαις Stephanus : τῆς τιμωρίας codd.

® Post ἐπιχειρήσαντας Reiske ἑαυτούς, post σωτηρίας - Blass τὴν πόλιν add. 7 αὐτοῦ Z: αὐτὴν ΝΑ. ᾿

108

en

AGAINST LEOCRATES, 121-123

place in Attica, how will you treat Leocrates who in wartime fled from his city and his country to Rhodes and deserted the state? Will you not kill him? If you do not, how can you pass as the descendants of those men ?

You ought also to hear the decree relating to the man executed in Salamis.¢ Though he had only attempted to speak treason against the city, the Council, after removing their crowns, killed him with their own hands. It is an admirable decree, gentle- men, and well worthy of your ancestors. Their nobility, revealed in their characters, was shown too in their punishment of criminals.

Decree

What is your view, gentlemen? Do you think that if you wish to emulate your forefathers, it is in keeping to allow Leocrates to live? When they dispatched like that one who merely betrayed with his lips a city already desolate, how ought you, whose city prospered at the time, to treat the man who did in very fact desert it? Ought you not to outdo them in severity? When they chastised so sternly those who tried to rob them of the security which the people offered,” how ought you to treat a traitor to the people’s own safety? And if they,

* Lycurgus is probably alluding to the stoning of Lycidas (see note on § 71), which Herodotus (ix. 5) puts after Salamis. Demosthenes (xviii. 204), though apparently alluding to the same story, calls the traitor Cyrsilus and places the incident before the battle.

δ i.e. those who deserted to Decelea. The sense seems to demand an object for ἀποστερεῖν. Hence the proposals by Reiske and Blass to supply one.

109

LYCURGUS

a

τῆς δόξης ἐκεῖνοι τοὺς αἰτίους ἐτιμωροῦντο, τί ὑμᾶς ὑπὲρ τῆς πατρίδος προσήκει ποιεῖν; 124 ‘Ikava μὲν οὖν καὶ ταῦτα τὴν τῶν προγόνων γνῶναι διάνοιαν, ὡς εἶχον πρὸς τοὺς παρανομοῦντας: 9 Ἁ / > A > > Ν , - εἰς τὴν πόλιν" οὐ. μὴν ἀλλ᾽ ἔτι βούλομαι τῆς στήλης ἀκοῦσαι ὑμᾶς τῆς ἐν τῷ βουλευτηρίῳ περὶ τῶν προδοτῶν καὶ τῶν τὸν δῆμον καταλυόντων" εἰν A τ ~ , 4, TO yap μετὰ πολλῶν παραδειγμάτων διδάσκειν ῥᾳδίαν ὑμῖν τὴν κρίσιν καθίστησι. μετὰ γὰρ τοὺς τριάκοντα οἱ πατέρες ὑμῶν, πεπονθότες ὑπὸ τῶν ~ = ΕἸ Α 4 a « / 7-7 1 πολιτῶν ola οὐδεὶς πώποτε τῶν Ἑλλήνων ἠξίωσε, καὶ μόλις εἰς τὴν ἑαυτῶν κατεληλυθότες, ἁπάσας \ ¢ A ~ > ’ νι Ῥ / Tas ὁδοὺς τῶν ἀδικημάτων ἐνέφραξαν, πεπειραμένοι καὶ εἰδότες τὰς ἀρχὰς καὶ τὰς ἐφόδους τῶν τὸν 125 δῆμον προδιδόντων. ἐψηφίσαντο γὰρ καὶ ὦμοσαν, 27 ," > ~ 4. Ἃ \ , ~ ἐάν τις τυραννίδι ἐπιτιθῆται" ἢ τὴν πόλιν προδιδῷ ἢ τὸν δῆμον καταλύῃ, τὸν αἰσθανόμενον καθαρὸν εἶναι ἀποκτείναντα, καὶ κρεῖττον ἔδοξεν αὐτοῖς τοὺς τὴν αἰτίαν ἔχοντας τεθνάναι μᾶλλον ἢ πειρα- , 4 > / > \ , > A 4 θέντας μετὰ ἀληθείας αὐτοὺς δουλεύειν: ἀρχὴν γὰρ οὕτως ᾧοντο δεῖν ζῆν τοὺς πολίτας, ὥστε μηδ᾽ ° ες / > cal / 7 ~ > 7, εἰς ὑποψίαν ἐλθεῖν μηδένα τούτων τῶν ἀδικημάτω». καί μοι λαβὲ τὸ ψήφισμα. ΨΗΦΙΣΜΆ 120 Ταῦτα, ὦ ἄνδρες, ἔγραψαν εἰς τὴν στήλην, κα ταύτην ἔστησαν εἰς τὸ βουλευτήριον, ὑπόμνημα 1 ἠξίωσε) dels Dobree.

110

AGAINST LEOCRATES, 123-126

from considerations of honour only, took vengeance on criminals in this way, how should you react when your country is at stake ἢ

These instances suffice to show you the attitude of our ancestors towards those who broke the city’s laws. Nevertheless I want also to remind you of the pillar in the Council Chamber which commemorates traitors and enemies of democracy. _ For if my point is backed by frequent illustrations, I am rendering your verdict easy. After the rule of the Thirty, your fathers, who had suffered from citizens what no other Greek had ever thought fit to inflict and had barely managed to return to their country, barred all the paths to crime, having learnt by experience the principles and methods followed by men who wished to overthrow democracy. For they established it by decree and oath that anyone who found a person aspiring to tyranny or attempting to betray the city

or overthrow the democracy should be guiltless if he

killed him. They thought it better that imagined culprits should perish than that they themselves should havea real experience of slavery, holding that citizens must simply live in such a manner as to avoid the very suspicion of any of these crimes. Please take the decree.

Decree

These words, gentlemen, they inscribed on the pillar, erecting it in the Council Chamber as a

* The decree of Demophantus is mentioned below (8.197). It was passed in 410 B.c. on the restoration of the democracy and not, so far as is known, re-enacted after the downfall of the Thirty. It is quoted in full by Andocides (i. 96 sq.).

2 ἐπιτιθῆται Bekker: ἐπιθῆται codd.

111

127

[166]

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τοῖς καθ᾽ ἑκάστην ἡμέραν συνιοῦσι καὶ βουλευο- μένοις ὑπὲρ τῆς πατρίδος, ὡς δεῖ πρὸς τοὺς τοιούτους ἔχειν. καὶ διὰ τοῦτο ἄν τις αἴσθηται μόνον μέλλοντας αὐτοὺς τούτων τι ποιεῖν, ἀπο- KTevely’ συνώμοσαν, εἰκότως" τῶν μὲν yap ἄλλων ἀδικημάτων ὑστέρας δεῖ τετάχθαι τὰς τιμωρίας, προδοσίας δὲ καὶ δήμου καταλύσεως προτέρας. εἰ γὰρ προήσεσθε" τοῦτον τὸν καιρόν, ἐν ᾧ μέλλου- σιν ἐκεῖνοι κατὰ τῆς πατρίδος φαῦλόν τι πράττειν, οὐκ ἔστιν ὑμῖν μετὰ ταῦτα δίκην παρ᾽ αὐτῶν ἀδικούντων AaBeiv: κρείττους γὰρ ἤδη γίγνονται. τῆς παρὰ τῶν ἀδικουμένων τιμωρίας.

᾿Ενθυμεῖσθε τοίνυν, ὦ ἄνδρες, τῆς. προνοίας ταύτης καὶ τῶν ἔργων ἀξίως, καὶ μὴ ἐπιλανθάνεσθε ἐν τῇ ψήφῳ οἵων ἀνδρῶν ἔκγονοί ἐστε, ἀλλὰ παρακελεύεσθε ὑμῖν αὐτοῖς, ὅπως ὅμοια ἐκείνοις καὶ ἀκόλουθα ἐν τῇ τήμερον ἡμέρᾳ ἐψηφισμένοι ἐκ τοῦ δικαστηρίου ἐξίητε. ,ὑπομνήματα δ᾽ ἔχετε καὶ παραδείγματα τῆς ἐκείνων τιμωρίας τὰ ἐν τοῖς περὶ τῶν ἀδικούντων ψηφίσμασιν ὡρισμένα: διομωμόκατε δ᾽ ἐν τῷ ψηφίσματι τῷ Δημοφάντου κτενεῖν" τὸν τὴν πατρίδα προδιδόντα καὶ λόγῳ καὶ ἔργῳ καὶ χειρὶ καὶ ψήφῳ. μὴ γὰρ οἴεσθε τῶν μὲν οὐσιῶν, ἃς ἂν οἱ πρόγονοι καταλίπωσι, κληρονόμοι εἶναι, τῶν δ᾽ ὅρκων καὶ τῆς πίστεως, ἣν δόντες of πατέρες ὑμῶν ὅμηρον τοῖς θεοῖς πῆς κοινῆς εὐδαιμονίας τῆς πόλεως μετεῖχον, ταύτης δὲ μὴ κληρονομεῖν.

Οὐ μόνον τοίνυν ἡ πόλις ὑμῶν οὕτως ἔσχε πρὸς

1 ἀποκτενεῖν Cobet : ἀποκτείνειν codd. * προήσεσθε Taylor : ποιήσεσθε codd. κτενεῖν Cobet: κτείνειν codd.

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AGAINST LEOCRATES, 126-128

reminder to those who daily) met in council over affairs of state what their attitude to men like this should, be, and hence they swore.a common oath to kill, them. if they saw them even.contemplating such conduct. | Naturally..enough...,. For. where other offences are concerned, the . punishment,..should follow on the crime; but in cases of treason or the overthrow of a democracy it should precede it. ΤῈ you let slip, the moment. when. the criminals.are contemplating some reasonable: act.against. their country, you cannot-afterwards bring them to justice for their crimes, since by then they are too powerful to be punished by those whom they have wronged. Let this foresight, gentlemen, and these actions be the inspiration to you that they should.. Remem- ber, when you vote, the temper of your forbears, and urge each other to bring in to-day, before you leave the court, a verdict modelled to their pattern. You have memorials, you have examples of the punishments they meted out, embodied in the decrees concerning criminals. You have sworn in the decree of Demo- phantus to kill the man who betrays his country, whether by word or deed, hand or vote. I say “you”; for you must not think that, as heirs to the riches bequeathed by your ancestors, you can yet renounce your share in their oaths or in the pledge your fathers gave.as a security to the gods, thereby enjoying the prosperity of their city. Yourcity was not alonein dealing thus with traitors. VOL. II E 113

LYCURGUS

τοὺς προδιδόντας ἀλλὰ Kai Λακεδαιμόνιοι. καὶ μή 5 “- on + > ὔ ,ὔ μοι ἀχθεσθῆτε, ὦ ἄνδρες, εἰ πολλάκις μέμνημαι A 3 κι , \ , ite Tis) 1 , τῶν ἀνδρῶν τούτων: καλὸν γάρ ἐστ᾽ ἐκ' πόλεως εὐνομουμένης περὶ τῶν δικαίων παραδείγματα λαμ- , “> 9 , ao¢ eon ‘ Bavew, ἵν᾿ ἀσφαλέστερον" ἕκαστος ὑμῶν τὴν δι- ,ὔ \ A » “-“ nd 3 , καίαν καὶ τὴν εὔορκον ψῆφον θῆται" Παυσανίαν γὰρ τὸν βασιλέα αὐτῶν προδιδόντα τῷ Πέρσῃ τὴν “Ἑλλάδα λαβόντες, ἐπειδὴ ἔφθασε καταφυγὼν εἰς A ~ / « 4, \ , > ta τὸ τῆς Χαλκιοίκου ἱερόν, τὴν θύραν ἀποικοδομή- σαντες, καὶ τὴν ὀροφὴν ἀποσκευάσαντες, καὶ κύ- κλῳ περιστρατοπεδεύσαντες, οὐ πρότερον ἀπῆλθον ‘ nn ~ ~ > / \ col > 7£¢ 129 πρὶν ἢ τῷ λιμῷ ἀπέκτειναν, καὶ πᾶσιν ἐπίσημον 3 \ ,ὔ “ > ε ~ ἐποίησαν τὴν τιμωρίαν, ὅτι οὐδ᾽ αἵ mapa τῶν θεῶν ἐπικουρίαι τοῖς προδόταις βοηθοῦσιν, εἰκό- τως" οὐδὲν γὰρ πρότερον ἀδικοῦσιν" ἢ περὶ τοὺς θεοὺς ἀσεβοῦσι τῶν πατρίων νομίμων αὐτοὺς" ἀπο- ~ a > a στεροῦντες. μέγιστον δὲ τῶν ἐκεῖ γεγενημένων la , > a la / la A Ν τεκμήριόν ἐστιν ὃ μέλλω λέγειν: νόμον γὰρ ἔθεντο περὶ ἁπάντων τῶν μὴ ᾿θελόντων ὑπὲρ τῆς πατρίδος κινδυνεύειν, διαρρήδην. λέγοντα ἀποθνήσκειν, εἰς a Ὁ an A Ld / > “a td αὐτὸ τοῦτο τὴν τιμωρίαν τάξαντες, εἰς ὃ μάλιστα φοβούμενοι τυγχάνουσι, καὶ τὴν ἐκ τοῦ πολέμου swrnpiav ὑπεύθυνον ἐποίησαν κινδύνῳ μετ᾽ αἰ- σχύνης. ἵνα δ᾽ εἰδῆτε ὅτι οὐ λόγον ἀναπόδεικτον 1 ἐστ᾽ ἐκ Blass: ἐστιν ἐκ Ν : ἐστι cett. 2 ἵν᾽ ἀσφαλέστερον Blass: ἀσφαλέστερον γὰρ codd. 3 θῆται] θήσεται Schaub. 4 ἀποικοδομήσαντες Duker : ἀνοικοδομήσαντες codd. 5 'σὴν τιμωρίαν] del. Heinrich: τῇ τιμωρίᾳ Morus. 114

AGAINST LEOCRATES, 128-129

The Spartans were the same. Please do not think me tedious, gentlemen, if I allude often to these men. We shall be well advised to take examples of just conduct from a city which has good laws, and so be surer that each of you will give a just verdict in keeping with his oath. The Spartans, you remember, caught their king Pausanias trying to betray Greece to the Persians. He escaped in time into the temple of the Brazen House, but they walled up the door, took off the roof and mounted guard in a circle round it, remaining at their posts until they had starved him to death and made his punishment a proof to all that even divine assistance is not vouch- safed to traitors.* And it is right that it should not be ; for impiety towards the gods is the first crime by which they show their wickedness, since they deprive them of their traditional cults. But I have yet to give you the best illustration of the prevailing practice at Sparta. They passed a law, covering all who refused to risk their lives for their country, which expressly stated that they should be put to death. Thus the punishment which they laid down was the very fate which traitors most fear ; survival after war was to be. subject to a scrutiny which might snvolve disgrace and death. Let me convince you

α Pausanias was, in actual fact, regent for Pleistarchus, not king (Herod. ix. 10). Though he led the Greeks at Plataea and was afterwards commander of the allied fleet he was later deposed on a charge of Medism and attempted sub- version of the Spartan constitution. For the full story of his last days see Thucyd. i. 94-134.

8 ἀδικοῦσιν) del. Bekker. ? πατρίων Sauppe: πατρῴων 8 αὐτοὺς Schulze: ἑαυτοὺς codd.

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LYCURGUS |

εἴρηκα, ἀλλὰ μετ᾽ ἀληθείας" ae: ark, φέρε

αὐτοῖς τὸν νόμον.

womos AAKEAAIMONION

᾿Ενθυμεῖσθε δὴ ὡς καλὸς ὁ νόμος, ὦ ἄνδρες, καὶ σύμφορος οὐ μόνον ἐκείνοις ἀλλὰ «καὶ τοῖς ἄλλοις ἀνθρώποις. ὁ γὰρ παρὰ τῶν πολυτῶν φόβος ἰσχυρὸς ὧν ἀναγκάσει τοὺς πρὸς τοὺς πολεμίους κιψδύνους ὑπομένειν" τίς ‘yap ὁρῶν θανάτῳ ζημιούμενον τὸν προδότην € ἐν τοῖς κινδύνοις ἐκλείψει τὴν πατρίδα; + on Ts παρὰ τὸ “συμφέρον τῆς πόλεως φιλοψυχήσει, εἰδὼς | ὑποκειμένην αὑτῷ {ταύτην τιμωρίαν; οὐδεμίαν γὰρ ἄλλην δεῖ ζημίαν εἶναι τῆς δειλίας ἣ θάνατον" εἰδότες. γὰρ ὅτι δυοῖν Kwdvvow ὑποκειμένοιν ἀναγκαῖον. ἔσται θατέρου “μετασχεῖν, πολὺ μᾶλλον αἱρήσονται τὸν πρὸς τοὺς πολεμίους ἢ τὸν πρὸς τοὺς νόμους καὶ τοὺς πολίτας.

Τοσούτῳ δ᾽ ἂν δικαιότερον οὗτος ἀποθάνοι τῶν ἐκ τῶν στρατοπέδων φευγόντων," ὅσον οἱ "μὲν εἰς τὴν πόλιν ἥκουσιν ὡς ὑπὲρ ταύτης μαχούμενοι ἢ κοινῇ “μετὰ τῶν ἄλλων πολιτῶν συνατυχήσοντες," οὑτοσὶ δ᾽ ἐκ τῆς πατρίδος ἔφυγεν, ἰδίᾳ τὴν σώ- τηρίαν ποριζόμενος, οὐδ᾽ ὑπὲρ τῆς ἰδίας ἑστίας ἀμύνεσθαι τολμήσας, ἀλλὰ μόνος οὗτος