Hellenica by Xenophon
page 49 of 424 (11%)
page 49 of 424 (11%)
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separate judicial vote should in all cases be taken for or against
each accused party." Grote, "Hist. of Greece," vol. viii. p. 266 (2d ed.) [10] Reading {adikos apolountai}. "On your side, in trying the accused by recognised legal procedure, you will show that you obey the dictates of pious feeling, and can regard the sanctity of an oath, instead of joining hands with our enemies the Lacedaemonians and fighting their battles. For is it not to fight their battles, if you take their conquerors, the men who deprived them of seventy vessels, and at the moment of victory sent them to perdition untried and in the teeth of the law? What are you afraid of, that you press forward with such hot haste? Do you imagine that you may be robbed of the power of life and death over whom you please, should you condescend to a legal trial? but that you are safe if you take shelter behind an illegality, like the illegality of Callixenus, when he worked upon the senate to propose to this assembly to deal with the accused by a single vote? But consider, you may actually put to death an innocent man, and then repentance will one day visit you too late. Bethink you how painful and unavailing remorse will then be, and more particularly if your error has cost a fellow- creature his life. What a travesty of justice it would be if in the case of a man like Aristarchus,[11] who first tried to destroy the democracy and then betrayed Oenoe to our enemy the Thebans, you granted him a day for his defence, consulting his wishes, and conceded to him all the other benefits of the law; whereas now you are proposing to deprive of these same privileges your own generals, who in every way conformed to your views and defeated your enemies. Do not you, of all men, I implore you, men of Athens, act thus. Why, these |
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