Book 5

Chapter 8

7 min

It was further resolved that the generals themselves should undergo a judicial examination in reference to their conduct in past time. In course of investigation, Philesius and Xanthicles respectively were condemned to pay a sum of twenty minae, to meet a deficiency to that amount incurred during the guardianship of the cargoes of the merchantmen. Sophaenetus was fined ten minae for inadequate performance of his duty as one of the chief officers selected. Against Xenophon a charge was brought by certain people, who asserted that they had been beaten by him, and framed the indictment as one of personal outrage with violence. Xenophon got up and demanded that the first speaker should state "where and when it was he had received these blows." The other, so challenged, answered, "When we were perishing of cold and there was a great depth of snow." Xenophon said: "Upon my word, with weather such as you describe, when our provisions had run out, when the wine could not even be smelt, when numbers were dropping down dead beat, so acute was the suffering, with the enemy close on our heels; certainly, if at such a season as that I was guilty of outrage, I plead guilty to being a more outrageous brute than the ass, which is too wanton, they say, to feel fatigue. Still, I wish you would tell us," said he, "what led to my striking you. Did I ask you for something and, on your refusing it to me, did I proceed to beat you? Was it a debt, for which I demanded payment? or a quarrel about some boy or other? Was I the worse for liquor, and behaving like a drunkard?" When the man met each of these questions with a negative, he questioned him further: "Are you a heavy infantry soldier?" "No," said he. "A peltast, then?" "No, nor yet a peltast"; but he had been ordered by his messmates to drive a mule, although he was a free man. Then at last he recognised him, and inquired: "Are you the fellow who carried home the sick man?" "Yes, I am," said he, "thanks to your driving; and you made havoc of my messmates' kit." "Havoc!" said Xenophon: "Nay, I distributed it; some to one man, some to another to carry, and bade them bring the things safely to me; and when I got them back I delivered them all safely to you, and you, on your side, had rendered an account to me of the man. Let me tell you," he continued, turning to the court, "what the circumstances were; it is worth hearing:—

It was also decided that the generals themselves should be examined in court about their past conduct. After the inquiry, Philesius and Xanthicles were each ordered to pay twenty minae. This was to cover a shortage of that amount that had occurred while they were guarding the merchant ships’ cargoes. Sophaenetus was fined ten minae for failing to perform his duties adequately as one of the chosen chief officers. Some people accused Xenophon of beating them and charged him with violent personal outrage. Xenophon stood up and asked the first accuser to say “where and when he had received these blows.” The man answered, “When we were dying of cold and the snow was very deep.” Xenophon said: “Upon my word, the weather was just as you describe. Our food had run out, and there wasn’t even a smell of wine. So intense was the suffering that many were dropping down, dead from exhaustion, with the enemy close behind us. If I was guilty of outrage at such a time, I admit that I am a more outrageous brute than the ass. They say it is too lustful to feel tired. But please tell us what led me to strike you. Did I ask you for something and beat you when you refused? Did I demand payment of a debt? Was it a quarrel over some boy? Was I drunk and behaving like a drunkard?” The man answered no to each question. Xenophon then asked him, “Are you a heavy infantry soldier?” “No,” he said. “A peltast, then?” “No, not a peltast either.” He said that his messmates had ordered him to drive a mule, although he was a free man. At last Xenophon recognized him and asked, “Are you the fellow who carried the sick man home?” “Yes, I am,” he said, “thanks to your driving me on. And you made a mess of my messmates’ kit.” “A mess!” said Xenophon. “No, I gave it out for others to carry, some to one man and some to another. I told them to bring the things safely to me. When I got them back, I returned them all safely to you. And you, for your part, had reported to me about the man.” Then he turned to the court. “Let me tell you what happened. It is worth hearing:”

See the "Dict. of Antiq." 622 a. HYBREOS GRAPHE. For ordinary assaults, unlike indecent assaults, prosecution seems to have been allowed only when the victim of a wanton attack was a free person. Compare Arist. "Rhet." ii. 24.

"A man was left behind from inability to proceed farther; I recognised the poor fellow sufficiently to see that he was one of ours, and I forced you, sir, to carry him to save his life. For if I am not much mistaken, the enemy were close at our heels?" The fellow assented to this. "Well then," said Xenophon, "after I had sent you forward, I overtook you again, as I came up with the rearguard; you were digging a trench with intent to bury the man; I pulled up and said something in commendation; as we stood by the poor fellow twitched his leg, and the bystanders all cried out, 'Why, the man's alive!' Your remark was: 'Alive or not as he likes, I am not going to carry him' Then I struck you. Yes! you are right, for it looked very much as if you knew him to be alive." "Well," said he, "was he any the less dead when I reported him to you?" "Nay," retorted Xenophon, "by the same token we shall all one day be dead, but that is no reason why meantime we should all be buried alive?" Then there was a general shout: "If Xenophon had given the fellow a few more blows, it might have been better." The others were now called upon to state the grounds on which they had been beaten in each case; but when they refused to get up, he proceeded to state them himself.

"A man was left behind because he could go no farther. I recognized him well enough to see that he was one of ours. So I made you, sir, carry him to save his life. If I'm not mistaken, the enemy were close behind us, weren't they?" The man agreed. "Well then," said Xenophon, "after I sent you ahead, I caught up with you again as I reached the rearguard. You were digging a trench to bury the man. I stopped and praised you for it. As we stood there, the poor fellow twitched his leg, and everyone nearby cried out, 'Why, the man's alive!' You said, 'Alive or not, as he likes, I'm not going to carry him.' Then I struck you. Yes, you are right. It certainly looked as if you knew he was alive." "Well," the man said, "was he any less dead when I reported him to you?" "No," Xenophon replied, "and by that reasoning, we'll all be dead one day. But that's no reason to bury us all alive in the meantime, is it?" Then everyone shouted that it might have been better if Xenophon had given the man a few more blows. The others were now asked to explain why each of them had been beaten. But when they refused to get up, Xenophon went on to explain the reasons himself.

"I confess, sirs, to having struck certain men for failure in discipline. These were men who were quite content to owe their safety to us. Whilst the rest of the world marched on in rank and did whatever fighting had to be done, they preferred to leave the ranks, and rush forward to loot and enrich themselves at our expense. Now, if this conduct were to be the rule, general ruin would be the result. I do not deny that I have given blows to this man or the other who played the poltroon and refused to get up, helplessly abandoning himself to the enemy; and so I forced them to march on. For once in the severe wintry weather I myself happened to sit down for a long time, whilst waiting for a party who were getting their kit together, and I discovered how difficult it was to get up again and stretch one's legs. After this personal experience, whenever I saw any one else seated in slack and lazy mood, I tried to spur him on. The mere movement and effort to play the man caused warmth and moisture, whereas it was plain that sitting down and keeping quiet helped the blood to freeze and the toes to mortify, calamities which really befell several of the men, as you yourselves are aware.

“I admit, gentlemen, that I struck certain men for breaking discipline. They were content to let us keep them safe. While everyone else marched in formation and did whatever fighting was necessary, they chose to leave the ranks. They rushed ahead to loot and enrich themselves at our expense. If everyone behaved like that, we would all be ruined. I do not deny striking men who acted like cowards and refused to get up. They had helplessly given themselves over to the enemy, and I forced them to march on. Once, in bitter winter weather, I sat down for a long time myself. I was waiting for a group of men to pack their gear. I discovered how hard it was to get up again and stretch my legs. After that experience, whenever I saw someone sitting idle and listless, I tried to urge him on. The movement and effort of acting like a man brought warmth and sweat. But sitting still clearly helped the blood freeze and the toes die. As you know, several men actually suffered those misfortunes.

"I can imagine a third case, that of some straggler stopping behind, merely to rest for rest's sake, and hindering you in front and us behind alike from pressing on the march. If he got a blow with the fist from me it saved him a thrust with the lance from the enemy. In fact, the opportunity they enjoy to-day of taking vengeance on me for any treatment which I put upon them wrongfully, is derived from their salvation then; whereas, if they had fallen into the enemy's hands, let them ask themselves for what outrage, however great, they could expect to get satisfaction now. My defence," he continued, "is simple: if I chastised any one for his own good, I claim to suffer the same penalties as parents pay their children or masters their boys. Does not the surgeon also cauterise and cut us for our good? But if you really believe that these acts are the outcome of wanton insolence, I beg you to observe that although to-day, thank God! I am heartier than formerly, I wear a bolder front now than then, and I drink more wine, yet I never strike a soul; no, for I see that you have reached smooth water. When storm arises, and a great sea strikes the vessel amidships, a mere shake of the head will make the look-out man furious with the crew in the forecastle, or the helmsman with the men in the stern sheets, for at such a crisis even a slight slip may ruin everything. But I appeal to your own verdict, already recorded, in proof that I was justified in striking these men. You stood by, sirs, with swords, not voting tablets, in your hands, and it was in your power to aid the fellows if you liked; but, to speak the honest truth, you neither aided them nor did you join me in striking the disorderly. In other words, you enabled any evilly-disposed person among them to give rein to his wantonness by your passivity. For if you will be at pains to investigate, you will find that those who were then most cowardly are the ringleaders to-day in brutality and outrage.

"I can imagine a third case. A straggler might fall behind and stop simply to rest. He might hold up both you in front and us behind, preventing us from marching on. If I struck him with my fist, I saved him from an enemy's spear. In fact, they survived then, and that is why they can now take revenge on me for any wrong I did them. But if they had fallen into enemy hands, let them ask themselves what justice they could now get for any outrage, however great. "My defense," he continued, "is simple. If I punished anyone for his own good, I claim that I should face the same penalties as parents who punish their children or masters who punish their boys. Doesn't a surgeon also burn and cut us for our own good? But perhaps you really believe I did these things out of arrogant cruelty. If so, consider this. Today, thank God, I am healthier than I was then. I am more confident and drink more wine, yet I never strike anyone. That is because I see that you have reached calm waters. "When a storm rises and a great wave strikes a ship amidships, the lookout may become furious with the crew at the bow over a mere shake of the head. The helmsman may become furious with the men at the stern for the same reason. At such a moment, even a small mistake can ruin everything. "But I appeal to the judgment you have already made as proof that I was justified in striking these men. You stood by, gentlemen, with swords in your hands, not voting tablets. You could have helped the men if you had wanted to. But, to tell the truth, you neither helped them nor joined me in striking the disorderly. By doing nothing, you allowed any ill-disposed person among them to give free rein to his reckless behavior. If you take the trouble to investigate, you will find that those who were most cowardly then are the ringleaders in brutality and outrage today.

"There is Boiscus the boxer, a Thessalian, what a battle he fought then to escape carrying his shield! so tired was he, and to-day I am told he has stripped several citizens of Cotyora of the clothes on their backs. If then you are wise, you will treat this personage in a way the contrary to that in which men treat dogs. A savage dog is tied up on the day and loosed at night, but if you are wise you will tie this fellow up at night and only let him loose in the day.

"Then there is Boiscus the boxer, a Thessalian. How hard he fought to avoid carrying his shield then! He was so tired. Yet today, I am told, he has stripped several citizens of Cotyora of the clothes on their backs. If you are wise, you will treat this fellow in the opposite way from a dog. A savage dog is tied up during the day and let loose at night. But if you are wise, you will tie this fellow up at night and let him loose only during the day.

"But really," he added, "it does surprise me with what keenness you remember and recount the times when I incurred the hatred of some one; but some other occasions when I eased the burden of winter and storm for any of you, or beat off an enemy, or helped to minister to you in sickness and want, not a soul of you remembers these. Or when for any noble deed done by any of you I praised the doer, and according to my ability did honour to this brave man or that; these things have slipped from your memories, and are clean forgotten. Yet it were surely more noble, just, and holy, sweeter and kindlier to treasure the memory of good rather than of evil."

"But really," he added, "it surprises me how keenly you remember and recount the times when someone came to hate me. But none of you remembers the times I eased the burden of winter and storms for you, or drove off an enemy, or helped care for you when you were sick or in need. Nor do you remember when I praised any of you for a noble deed and honored one brave man or another as best I could. These things have slipped from your memories and been completely forgotten. Yet surely it is more noble, just, and holy, sweeter and kinder, to treasure the memory of good rather than evil."

He ended, and then one after another of the assembly got up and began recalling incidents of the kind suggested, and things ended not so unpleasantly after all.

When he finished, members of the assembly stood up one after another and recalled similar incidents. In the end, things turned out less unpleasantly than expected.