History of the Peloponnesian War

Some hurried to Delium and the sea-coast, others towards Oropus, others to Mount Parnes, and others as they severally had hope of saving themselves.

The Boeotians, in the mean time, were pursuing them close, and putting them to the sword, especially the cavalry, both their own and the Locrian, which came to their succour just as the rout took place: but the mass of the fugitives escaped more easily than they would else have done, in consequence of night coming on before the business was over.

The next day, the troops at Oropus and those at Delium, having left a garrison in it, (for they still continued to hold it notwithstanding,) returned home by sea.

The Boeotians, after erecting a trophy, taking up their own dead, stripping those of the enemy, and leaving a guard over them, retired to Tanagra, and formed plans for assaulting Delium.

Meanwhile, a herald from the Athenians, coming to ask back the dead, met a Boeotian herald, who turned him back, and told him that he would gain nothing before he himself had come back again. Then he went to the Athenians, and delivered the message of the Boeotians, viz.

that they had not acted right in violating the laws of the Greeks. For it was a principle acknowledged by all, that in an invasion of each other's territory, they should abstain from injuring the temples that were in it.

But the Athenians had fortified Delium, and were living in it, every thing that men do in profane ground being done there; and they drew and used for ordinary purposes the water which was never touched by themselves, except to use in the laver of purification.

In the god's behalf, therefore, as well as their own, the Boeotians appealed to the associated deities and to Apollo, and charged them to retire from the sanctuary, and then take back [*]( Or, as Hobbes and Bloomfield take it, to carry away their property with them. But I think that there is a reference to this paragraph in the 7th and 8th of the next chapter; and in that case it can only bear the meaning which I have given to it.) the dead which belonged to them.

The herald having spoken to this effect, the Athenians sent their own herald to the Boeotians, and said, that as for the sanctuary, they had neither done it any injury, nor would they in future voluntarily damage it; for neither had they originally entered it for that purpose, but to avenge themselves from it on those who were rather injuring them.

Now the law of the Greeks was, that whoever in any case had command of the country, whether more or less extensive, to them the temples always belonged, provided they received such honours as the occupiers had the power to pay, [*]( Literally, in addition to what were usual. ) without limiting them to what were usual.

For the Boeotians, and most others who had expelled any people from their country and taken forcible possession of it, had proceeded against temples which originally belonged to others, and now held them as their own. And if the Athenians had been able to make themselves masters of the Boeotian territory to a greater extent, such would have been the case:

but as it was, from the part in which they then were they would not, if they could help it, retire; as they considered that it belonged to them.

The water they had disturbed under the pressure of necessity, which they had not wantonly brought on themselves; but they were compelled to use it while defending themselves against the Boeotians, who had first come against their country.

And every thing, it was natural to suppose, done under pressure of war, or any other danger, would be considered as pardonable even in the eyes of the god. For the altars were a place of refuge in unintentional offences; and transgression was a term applied to those who were wicked through no compulsion, and not to those who had ventured to do any thing in consequence of their misfortunes.

Nay, the Boeotians were much more impious in wishing to give back dead bodies in return for sanctuaries, than they were who would not at the price of sanctuaries recover things not suitable [for such bartering].