[552] Aristotel. Πολιτειῶν Fragm. xlvii, ed. Neumann; Harpokration, v. Πολέμαρχος; Pollux, viii, 91: compare Meier und Schömann, Der Attische Prozess, ch. ii, p. 50, seqq.
[553] See Aristotel. Πολιτειῶν Fragm. ii, v, xxiii, xxxviii, l, ed. Neumann; Schömann, Antiqq. Jur. Publ. Græc. c. xli, xlii, xliii.
[554] Plutarch, Kimon, c. 16; Scholion 2, ad Aristophan. Equit. 84.
[555] Plutarch (Themistoklês, c. 22; Kimon, c. 5-8; Aristeidês, c. 25); Diodorus, xi, 54.
[556] Plutarch, Themist. c. 21
[557] This accusation of treason brought against Themistoklês at Athens, prior to his ostracism, and at the instigation of the Lacedæmonians,—is mentioned by Diodorus (xi, 54). Thucydidês and Plutarch take notice only of the second accusation, after his ostracism. But Diodorus has made his narrative confused, by supposing the first accusation preferred at Athens to have come after the full detection of Pausanias and exposure of his correspondence; whereas these latter events, coming after the first accusation, supplied new proofs before unknown, and thus brought on the second, after Themistoklês had been ostracized. But Diodorus has preserved to us the important notice of this first accusation at Athens, followed by trial, acquittal, and temporary glorification of Themistoklês,—and preceding his ostracism.
The indictment stated by Plutarch to have been preferred against Themistoklês by Leôbotas son of Alkmæon, at the instance of the Spartans, probably relates to the first accusation at which Themistoklês was acquitted. For when Themistoklês was arraigned after the discovery of Pausanias, he did not choose to stay, nor was there any actual trial: it is not, therefore, likely that the name of the accuser would be preserved,—Ὁ δὲ γραψάμενος αὐτὸν προδοσίας Λεωβώτης ἦν Ἀλκμαίωνος, ἅμα συνεπαιτιωμένων τῶν Σπαρτιατῶν (Plutarch, Themist. c. 23).
Compare the second Scholion on Aristophan. Equit. 84, and Aristeidês, Orat. xlvi, Ὑπὲρ τῶν Τεττάρων (vol. ii, p. 318, ed. Dindorf, p. 243, Jebb).
[558] Plutarch, Aristeidês, c. 25.
[559] Diodor. xi, 54. τότε μὲν ἀπέφυγε τὴν τῆς προδοσίας κρίσιν· διὸ καὶ τὸ μὲν πρῶτον μετὰ τὴν ἀπόλυσιν μέγας ἦν παρὰ τοῖς Ἀθηναίοις· ἠγάπων γὰρ αὐτὸν διαφερόντως οἱ πολῖται· μετὰ δὲ ταῦτα, οἱ μὲν, φοβηθέντες αὐτοῦ τὴν ὑπερβολὴν, οἱ δὲ, φθονήσαντες τῇ δόξῃ, τῶν μὲν εὐεργεσιῶν ἐπελάθοντο, τὴν δὲ ἴσχυν καὶ τὸ φρόνημα ταπεινοῦν ἔσπευδον.