Against Leocrates (130-134)

The Law of the Spartans

See what an admirable law this is, gentlemen, and how expedient it would be for other peoples too besides the Spartans. The fear of one’s own community is a strong thing and will compel men to face danger against an enemy; no one will forsake his country in times of peril when he sees that a traitor is punished with death. No one will turn coward when his city needs him, if he knows that the punishment in store for him is this. For death is the one fitting penalty for cowardice; since, when men know that there are two alternative dangers of which they must face one, they will choose to meet the enemy far rather than stand out against the law and their fellow citizens.

Leocrates is much more deserving of death than deserters from the army. They return to the city ready to defend it or to meet disaster in company with their fellow citizens, while he fled from his country and provided for his own safety, not daring to protect his hearth and home. He alone of men has betrayed even the natural ties of kinship and blood which the unthinking beasts themselves hold dearest and most sacred.

Birds at least, which by nature are best fitted for a swift escape, can be seen accepting death in defence of their brood. Hence the words of the old poets:

Nor does the wild fowl let another’s brood

Be laid within the nest that she has built.

That is why no city let him reside within it as an alien. He was naturally expelled more quickly than a murderer. Exiles for murder who move into another city do not meet with enmity among their hosts; but what city could admit Leocrates? One who refused to help his own country would indeed be likely to face danger for another’s! Such men are bad, whether as citizens, guests, or personal friends; for they will enjoy the advantages offered by the state but will not consent to assist it too, in times of difficulty.

Consider: he is hated and expelled by those without a reason to resent him; what treatment should he get from you who have had the utmost provocation? Should it not be the extreme penalty? Indeed, gentlemen, if there were any punishment worse than death, Leocrates of all the traitors that have ever been would most deserve to undergo it. For other traitors are punished, though, when they are caught, their crime has yet to be committed. The defendant, alone of all men, by deserting the city, has, at the time of his trial, accomplished what he undertook to do.