3. Argument. Comments on the narrative. Possible line of defence (§§ 24-35). The case is now proved. It remains to describe the circumstances of Athens at the time when Leocrates deserted her (§ 36).

4. The panic after the battle of Chaeronea (§§ 37-45). Praise of those who fell in the battle there (§§ 46-51). Acquittal is impossible (§§ 52-54). Another ground of defence cut away (§§ 55-58). Further excuses disallowed (§§ 59-62). Attempt of his advocates to belittle his crime refuted by appeal to the principles of Draco (§§ 63-67). They appeal to precedent—the evacuation of the city before the battle of Salamis: this precedent can be turned against them (§§ 68-74). The sanctity of oaths and punishment for perjury. Appeals to ancient history. Codrus (§§ 75-89). Leocrates says he is confident in his innocence—quem deus vult perdere, prius dementat (§§ 90-93). Providence (§§ 94-97). Examples of self-sacrifice; quotations from Euripides and Homer (§§ 97-105). Praise of Sparta. Influence of Tyrtaeus on patriots. Thermopylae (§§ 106-110). Severity of our ancestors towards traitors (§§ 111-127). Sparta was equally severe (§§ 128-129). Due severity will discourage treachery, and the treachery of Leocrates is of the basest sort (§§ 130-134). His advocates are as bad as he is (§§ 135-140). Appeal to the righteous indignation of the judges (§§ 141-148).

Epilogue (§§ 149-150):

‘I have come to the succour of my country and her religion and her laws, and have pleaded my case straightforwardly and justly, neither slandering Leocrates for his general manner of living, nor bringing any charge foreign to the present matter; but you must consider that in acquitting him you condemn your country to death and slavery. Two urns stand before you, the one for betrayal, the other for salvation; votes placed in the former mean the ruin of your fatherland, those in the latter are given for civil security and prosperity. If you let Leocrates go, you will be voting for the betrayal of Athens, her religion, and her ships; but if you put him to death, you will encourage others to guard and secure your country, her revenues, and her prosperity. So imagine, Athenians, that the land and its trees are supplicating you, that the harbours, the dockyards, and the walls of the city are imploring you; that the temples and holy places are urging you to come to their help; and make an example of Leocrates, remembering what charges are brought against him, and how mercy and tears of compassion do not weigh more with you than the safety of the laws and the commonwealth.’[410]

§ 3. Style, etc.

Lycurgus is called a pupil of Isocrates; whether he was actually a student under the great master we cannot be sure, but undoubtedly he had studied the master’s works. The influence of the Panegyric may be traced here and there in the forms of sentences and in certain terms of speech which are characteristic of the epideictic style. Blass and others have drawn attention to isolated sentences in the speech against Leocrates which might have been deliberately modelled, with only the necessary changes of words for the different circumstances, on sentences in Isocrates.[411] The employment of a pair of synonyms, or words of similar sense, where one would suffice, also belongs to this style[412]e.g. safeguard and protect, § 3; infamous and inglorious, § 91; greatheartedness and nobility, § 100.

With these we must class such phrases as τὰ κοινὰ τῶν ἀδικημάτων for τὰ κοινὰ ἀδικήματα[413] (§ 6), and the employment of abstract words in the plural, as εὔνοιαι, φόβοι, § 48, 43.

Lycurgus is very variable with regard to hiatus. In some instances he has deliberately avoided it by slight distortions of the natural order of words;[414] in some passages he has been able to avoid it without any dislocation of order—a work of greater skill;[415] but again there are sentences where the sequences of open vowels are frequent and harsh.[416] Other instances of careless writing may be found in the inartistic joining of sentences and clauses, for instance in §§ 49-50, where several successive clauses are connected by γάρ,[417] or in the clumsy accumulation of participles, as in § 93.[418] We must conclude that Lycurgus, though so familiar with the characteristics of Isocratean prose as to reproduce them by unconscious imitation, was too much interested in his subject to care about being a stylist; and that though, like Demosthenes, he wrote his speeches out, he really belongs rather to the class of improvisatory speakers like Phocion.

His tendency towards the epideictic style is also seen in his treatment of his subject-matter; thus §§ 46-51 are nothing but a condensed funeral speech on those who died at Chaeronea. It is introduced with an apology (§ 46); it may seem irrelevant, he says, but it is frankly introduced to point the contrast between the patriot and the traitor. The concluding sections of the eulogy are as follows:

‘And if I may use a paradox which is bold but nevertheless true, they were victorious in death. For to brave men the prizes of war are freedom and valour; for both of these the dead may possess. And further, we may not say that our defeat was due to them, whose spirits never quailed before the terror of the enemy’s approach; for to those who fall nobly in battle, and to them alone, can no man justly ascribe defeat; for fleeing from slavery they make choice of a noble death. The valour of these men is a proof, for they alone of all in Greece had freedom in their bodies; for as they passed from life all Greece passed into slavery; for the freedom of the rest of the Greeks was buried in the same tomb with their bodies. Hence they proved to all that they were not warring for their personal ends, but facing danger for the general safety. So, Gentlemen, I need not be ashamed of saying that their souls are the garland on the brows of their country.’[419]