Against Alcibiades: For Deserting the Ranks
Lysias
Lysias. Lamb, W.R.M., translator. Cambridge, MA: Harvard University Press; London: William Heinemann Ltd., 1930.
I do not believe, gentlemen of the jury, that you desire to hear any excuse for the action of those who have resolved to accuse Alcibiades: for from the outset he has shown himself so unworthy of the citizenship that it is the duty of anyone, even in the absence of a personal wrong suffered at his hands, to regard him none the less as an enemy because of the general tenor of his life.
His offences are not slight or entitled to indulgence, nor do they offer a hope of his reform in the future: they have been committed in such a manner, and have carried villainy to such lengths, that even his enemies feel ashamed for some of the things on which he prides himself. Yet I, gentlemen, since our fathers were previously at feud, and since my long-standing sense of his rascally character has now been increased by maltreatment at his hands, will try with your aid to make him pay the penalty for all that he has done.
The main indictment has been sufficiently delivered by Archestratides; for he has exhibited the laws and produced witnesses to everything. But on certain points that he has omitted I will give you particular information.
Now it is reasonable, gentlemen of the jury, that men who are now trying such a case for the first time since we settled the peace[*](i.e., the peace of 404 B.C, which ended the Peloponnesian War.) should act not merely as jurors, but in fact as law-makers. For you know well that your decision upon these cases will determine the attitude of the city towards them for all time. And it is the duty, in my opinion, alike of a loyal citizen and of a just juror to put such constructions on the laws as are likely to be of benefit to the city in the future.
For some are bold enough to assert that nobody can be chargeable with desertion or cowardice, since no battle has taken place; that the law merely provides for a court-martial on anyone who, from cowardice, has deserted the ranks and retreated while the rest were fighting. But the provisions of the law apply not only to such a case, but also to that of anyone who fails to appear in the infantry lines. Please read the law.