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BATTLE OF MARATHON.

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pus, the head of one of the first families in Athens, indicted him before the supreme popular tribunal for the capital offense of having deceived the people. His guilt was undeniable, and the Athenians passed their verdict accordingly. But the recollections of Lemnos and Marathon, and the sight of the fallen general, who lay stretched on a couch before them, pleaded successfully in mitigation of punishment, and the sentence was commuted from death to a fine of fifty talents. This was paid by his son, the afterward illustrious Cimon, Miltiades dying, soon after the trial, of the injury which he had received at Paros.^[1]

↑ The commonplace calumnies against the Athenians respecting Miltiades have been well answered by Sir Edward Lytton Bulwer in his "Rise and Fall of Athens," and Bishop Thirlwall in the second volume of his "History of Greece;" but they have received their most complete refutation from Mr. Grote, in the fourth volume of his History, p. 490, et seq., and notes. I quite concur with him that, "looking to the practice of the Athenian dicastery in criminal cases, that fifty talents was the minor penalty actually proposed by the defenders of Miltiades themselves as a substitute for the punishment of death. In those penal cases at Athens where the punishment was not fixed beforehand by the terms of the law, if the person accused was found guilty, it was customary to submit to the jurors subsequently and separately the question as to amount of punishment. First, the accuser named the penalty which he thought suitable; next, the accused person was called upon to name an amount of penalty for himself, and the jurors were constrained to take their choice between these two, no third gradation of penalty being admissible for consideration. Of course, under such circumstances, it was the interest of the accused party to name, even in his own case, some real and serious penalty, something which the jurors might be likely to deem not wholly inadequate to his crime just proved; for if he proposed some penalty only trifling, he drove them to prefer the heavier sentence recommended by his opponent." The stories of Miltiades having been cast into prison and died there, and of his having been saved from death only by the interposition of the prytanis of the day, are, I think, rightly rejected by Mr. Grote as the fictions of after ages. The silence of Herodotus respecting them is decisive. It is true that Plato, in the Gorgias, says that the Athenians passed a vote to throw Miltiades into the Barathrum, and speaks of the interposition of the prytanis in his favor; but it is to be remembered that Plato, with all his transcendent genius, was (as Niebuhr has termed him) a very indifferent patriot, who loved to blacken the character of his country's democratical institutions; and if the fact was that the prytanis, at the trial of Miltiades, opposed the vote of capital punishment, and spoke in favor of the milder sentence, Plato (in a passage written to show the misfortunes that befell Athenian statesmen) would readily exaggerate this fact into the story that appears in his text.

[1] The commonplace calumnies against the Athenians respecting Miltiades have been well answered by Sir Edward Lytton Bulwer in his "Rise and Fall of Athens," and Bishop Thirlwall in the second volume of his "History of Greece;" but they have received their most complete refutation from Mr. Grote, in the fourth volume of his History, p. 490, et seq., and notes. I quite concur with him that, "looking to the practice of the Athenian dicastery in criminal cases, that fifty talents was the minor penalty actually proposed by the defenders of Miltiades themselves as a substitute for the punishment of death. In those penal cases at Athens where the punishment was not fixed beforehand by the terms of the law, if the person accused was found guilty, it was customary to submit to the jurors subsequently and separately the question as to amount of punishment. First, the accuser named the penalty which he thought suitable; next, the accused person was called upon to name an amount of penalty for himself, and the jurors were constrained to take their choice between these two, no third gradation of penalty being admissible for consideration. Of course, under such circumstances, it was the interest of the accused party to name, even in his own case, some real and serious penalty, something which the jurors might be likely to deem not wholly inadequate to his crime just proved; for if he proposed some penalty only trifling, he drove them to prefer the heavier sentence recommended by his opponent." The stories of Miltiades having been cast into prison and died there, and of his having been saved from death only by the interposition of the prytanis of the day, are, I think, rightly rejected by Mr. Grote as the fictions of after ages. The silence of Herodotus respecting them is decisive. It is true that Plato, in the Gorgias, says that the Athenians passed a vote to throw Miltiades into the Barathrum, and speaks of the interposition of the prytanis in his favor; but it is to be remembered that Plato, with all his transcendent genius, was (as Niebuhr has termed him) a very indifferent patriot, who loved to blacken the character of his country's democratical institutions; and if the fact was that the prytanis, at the trial of Miltiades, opposed the vote of capital punishment, and spoke in favor of the milder sentence, Plato (in a passage written to show the misfortunes that befell Athenian statesmen) would readily exaggerate this fact into the story that appears in his text.

[1]