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240 HISTORY OF GREECE. retained it for four months longer than the legal expiration of their term. Although, by the constitutional law of Thebes, any general who retained his functions longer than the period fixed by law was pronounced worthy of death, yet Epaminondas, while employed in his great projects for humiliating Sparta and found- ing the two hostile cities on her border, had taken upon himself to brave this illegality, persuading all his colleagues to concur with him. On resigning the command, all of them had to undergo that trial of accountability which awaited every retiring magis- trate, as a matter of course, but which, in the present case, was equired on special ground, since all had committed an act noto-. nously punishable as well as of dangerous precedent. Epami- nondas undertook the duty of defending his colleagues as well as himself. That he as well as Pelopidas had political enemies, likely to avail themselves of any fair pretext for accusing him, is not to be doubted. But we may well doubt, whether on the present occasion any of these enemies actually came forward to propose that the penalty legally incurred should be inflicted ; not merely because this proposition, in the face of a victorious army, returning elate with their achievements and proud of their com- manders, was full of danger to the mover himself, but also for another reason, because Epaminondas would hardly be impru- dent enough to wait for the case to be stated by his enemies. Knowing that the illegality committed was flagrant and of haz- ardous example, having also the reputation of his colleagues as well as his own to protect, he would forestall accusation by com- ing forward himself to explain and justify the proceeding. He get forth the glorious results of the expedition just finished ; the Corinth ; it was the city out of which the troops of Iphikrates had just marched, and to which, on being defeated, they naturally retired for safety, pursued by Epaminondas to the gates. The statement of Pausanias, that Iphikrates would not let the Athenians in the town (Corinth) go out to fight, then follows naturally. Epaminondas, finding that they would not come*out, drew back his troops, and resumed his march to Thebes. The stratagem of Iphikrates noticed by Polyaenus (iii, 9, 29), can hardly be the same incident as this mentioned by Pausanias. It purports to be a nocturnal surprise planned by the Thebans against Athens ; which certainly must be quite different (if it be in itself a reality) from this march of Epa- minondas. And the stratagem ascribed by Polyamus to Iphikrates is of a Jtrange and highly improbabl' character.