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Hellenica by Xenophon
page 49 of 424 (11%)
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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