fourfcore against Socrates, and in confequence only two hundred and twenty for him. He wanted no more than thirtyone* to have been acquitted; for he would then have had two hundred and fifty-one, which would have been the majority. By this firft fentence the judges only declared Socrates guilty, without decreeing him any † penalty. For when the law did not determine the punithment, and when a crime against the ftate was not in question (in which manner I conceive Cicero's terms, fraus capitalis, may be underflood) the perfon found guilty had a right to chufe the penalty he thought he deserved. Upon his answer the judges deliberated a fecond time, and afterwards paffed their final fentence. Sccrates was informed that he might demand an abatement of the penalty, and change the condemnation of death into banishment, imprisonment, or a fine. He replied generously, that he would chuse neither of thofe punishments, becaufe that would be to acknowledge himself guilty. "Athenians," faid he, "to keep you no longer in fufpence, as you oblige me to fentence myself according to what I deferve, I condemn myself for having paffed my life in inftructing yourfelves and your children; for having neglected with that view my domestick affairs, and all publick employments, and dignities; for having "devoted myself entirely to the fervice of my country, in labouring inceffantly to render my fellow-citizens virtuous. "I condemn myself, I fay, to be maintained in the Prytaneum at the expence of the republick for the reft of my life." This last answer fo § much offended the judges, that they condemned him to drink the hemlock, a punishment very much in ufe amongst them. (z) This fentence did not fhake the conftancy of Socrates in the leaft. "I am going," faid he, addreffing himself to his (n) Plat. p. 39. * The text varies in Plato; it fays, thirty-three, or thirty, whence it is probably defective. Primis fententiis ftatuebant tantùm judices damnarent an abfolverent. Erat autem Athenis, reo damnato, fi fraus capitalis non effet, quafi pœnæ æftimatio. Ex fententia, cum judicibus daretur, interrogabatur reus, quam quafi æftimationem commeriffe fe maxime confiteretur. Cic. I. i. de Orat. n. 231, 232. It appears in Plato, that after this di, courfe, Socrates, without doubt to remove from him all imputation of pride and contumacy, modeftly offered to pay | a fine proportionate to bis indigence, that is to Jay, one mina (fifty livres) and that at the inftances of his friends, who bad bound themselves for him, be rose in bis offer to thirty mine. Plat. in Apolog. Socrat. p. 38. But Xenophon pofitively afferts the contrary, P. 705. This difference may be reconciled, perhaps, by fuppofing that Socrates refused at firft to make any offer, and that be fuffered bimfelf at length to be overcome by the earneft follicitations of bis friends. § Cujus refponfo fic judices exarferunt, ut capitis hominem innocentiffimum condemnarent. Cic. l. i. de Orat, n.233. his judges with a noble tranquillity," to fuffer death by your ❝ order, to which nature had condemned me from the first " moment of my birth; but my accufers will fuffer no less " from infamy and injuftice by the decrees of truth. Did you " expect from me, that to extricate myself out of your hands, "I fhould have employed, according to the custom, flattery " and pathetick expreffions, and the timorous and creeping "behaviour of a fuppliant? But in trials, as well as war, an "honest man ought not to ufe all forts of means for the pre"fervation of his life. It is equally difhonourable both in “ the one and the other, to ranfom it only by prayers, and "tears, and all those other abject methods, you fee every day "practifed by people in my present condition." Apollodorus, who was one of his friends and difciples, having advanced to him to exprefs his grief for his dying innocent: What, replied he with a smile, would you have had me die guilty? () Plutarch, to fhew, that only our weakest part the body, is in the power of man; but that there is another infinitely more noble part of us entirely fuperior to their threats, and inacceffible to their inflictions, cites thefe admirable words of Socrates, which are more applicable to his judges than his accafers, Anytus and Melitus may kill me, but they cannot hurt me. As if he had faid, in the language of the Pagans; Fortune may deprive me of my goods, my health, and my life; but I have a treasure within me, of which no violence can deprive me, I mean virtue, innocence, fortitude, and greatness of mind. This great man*, fully convinced of the principle he had fo often inculcated to his difciples, that guilt is the only evil a wife man ought to fear, chofe rather to be deprived of fome years, which he might have to live, than to forfeit in an instant the glory of his whole paft life, in difhonouring himself for ever by the shameful behaviour he was advised to obferve with his judges. Seeing that his own times had but a flight knowledge of him, he referred himself from it to the judgment of pofterity, and by the generous facrifice of a very advanced life, acquired and affured to himself the esteem and admiration of all fucceeding ages. C 4 SECT. (0) De anim. tranquil. p. 475. Maluit vir fepientiffimus quod | batur, pofterorum fe judiciis refervafupercffet ex vita fibi perire, quam vit, brevi detrimento jam ultimæ fequod præteriffet: et quando ab homi- nectutis ævum feculorum omnium mbus fui temporis parum intellige- confecutus. Quint. l. i. c. 1. SECT. VII. SOCRATES refufes to escape out of prison. He paffes the last day of his life in difcourfing with his friends upon the immortality of the foul. He drinks the poison. Punishment of bis accufers. Honours paid to his memory. AF FTER the fentence had been paffed upon him, Socrates with the fame intrepid afpect, with which he had held the tyrants in awe, went forward towards the prison, which loft that name, fays Seneca, when he entered it, and became the refidence of virtue and probity. His friends followed him thither, and continued to vifit him during thirty days, which paffed between his condemnation and death. The caufe of that long delay was, the Athenians fent every year a ship to the iile of Delos, to offer certain facrifices; and it was prohibited to put any perfon to death in the city, from the time the priest of Apollo had crowned the poop of this veffel, as a fignal of its departure, till the fame veffel should return. So that fentence having been paffed upon Socrates the day after that ceremony began, it was neceflary to defer the execution of it for thirty days, during the continuance of this voyage. In this long interval, death had fufficient opportunity to prefent itself before his eyes in all its terrors, and to put his conftancy to the proof, not only by the fevere rigour of a dungeon, and the irons upon his legs, but by the continual profpect and cruel expectation of an event, of which nature is always abhorrent. (p) In this fad condition he did not cease to enjoy that profound tranquillity of mind, which his friends had always admired in him. He entertained them with the fame temper he had always expreffed, and Crito obferves, that the evening before his death, he flept as peaceably as at any other time. He compofed alfo an hymn in honour of Apollo and Diana, and turned one of Æfop's fables into verse. The day before, or the fame day that the fhip was to arrive from Delos, the return of which was to be followed by the death of Socrates, Crito, his intimate friend, came to him early in the morning, to let him know that bad news, and at the fame time, that it depended only upon himself to quit the prifon; that the jailer was gained; that he would find the doors open, and offered him a fafe retreat in Theffaly. So (p) Plat. Socrates eodem illo vultu, quo aliquando folus triginta tyrannos in ordinem redegerat, carcerem intravit, ignominiam ipfi loco detracturus, Neque enim poterat carcer vid ri, in in Criton. crates quo Socrates erat. Senec. in Confol ad Helvet. c. xiii. Socrates carcerem intrando purgavit, omnique honeftiorem curia reddidit. Id. de vit, beat, c. xxvii, crates laughed at this propofal, and afked him, whether he knew any place out of Attica, where people did not die? Crito urged the thing very ferioufly, and preffed him to take the advantage of fo precious an opportunity, adding arguments upon arguments to induce his confent, and to engage him to refolve upon his escape. Without mentioning the inconfolable grief he fhould fuffer, for the death of fuch a friend, how fhould he fupport the reproaches of an infinity of people, who would believe that it was in his power to have faved him, but that he would not facrifice a fmall part of his wealth for that purpose ? Can the people ever be perfuaded that fo wife a man as Socrates would not quit his prifon, when he might do it with all poffible fecurity? Perhaps he might fear to expofe his friends, or to occafion the lofs of their fortunes, or even of their lives or liberty. Ought there to be any thing more dear and precious to them than the prefervation of Socrates? Even frangers themselves difpute that honour with them; many of whom have come exprefsly with confiderable fums of money to purchafe his efcape; and declare, that they fhould think themfelves highly honoured to receive him amongst them, and to fupply him abundantly with all he fhould have occafion for. Ought he to abandon himself to enemies, who have occafioned his being condemned unjustly, and can he think it allowable to betray his own caufe ? Is it not effential to his goodness and juftice, to fpare his fellow-citizens the guilt of innocent blood? But if all these motives cannot alter him, and he is not concerned in regard to himfelf, can he be infenfible to the interefts of his children? In what a condition does, he leave them? And can he forget the father, to remember only the philofopher? Socrates, after having heard him with attention, praifed his zeal, and expreffed his gratitude; but before he could give into his opinion, was for examining whether it was just for him to depart out of prifon without the confent of the Athenians. The question therefore here, is to know whether a man condemned to die, though unjustly, can without a crime efcape from justice and the laws? I do not know, whether, even amongst us, there are not many perfons to be found who be lieve that this may be made a question. Socrates begins with removing every thing foreign to the fubject, and comes immediately to the bottom of the affair. "Ifhould certainly rejoice extremely, molt dear Crito, that "you could perfuade me to quit this place, but cannot refolve "to do fo, without being firft perfuaded. We ought not to "be in pain upon what the people fay, but for what the fole "Judge of all that is juft or unjust fhall pronounce upon us, C 5 "and 66 "and that alone is truth. All the confiderations you have alledged, as to money, reputation, family, prove nothing, "unless you fhew me, that what you propofe is juft and law"ful. It is a received and conftant principle with us, that "all injustice is shameful and fatal to him that commits it, "whatever men may fay, or whatever good or evil may be "confequential of it. We have always reasoned from this principle even to our latest days, and have never departed "in the leaft from it. Would it be poffible, dear Crito, that "at our age our most serious difcourfes fhould resemble those "of infants, who fay yes and no almost in the fame breath, "and have nothing of fixed and determinate?" At each propofition he waited Crito's anfwer and affent. 66 "Let us therefore refume our principles, and endeavour to *make use of them at this time. It has always been a maxim "with us, that it is never allowable upon any pretence what"foever to commit injustice, not even in regard to those who "injure us, nor to return evil for evil, and that when we have "once engaged our word, we are bound to keep it inviolably; no intereft being capable to dispense with it. Now if at the "time I fhould be ready to make my escape, the laws and republick fhould prefent themselves in a body before me, "what could I anfwer to the following queftions which they might put to me? What are you going to do, Socrates? To fly from juftice in this manner, is it aught elfe but ruining entirely the laws and the republick? Do you believe, that a ftate fubfifts, after juftice is not only no longer in "force in it, but is even corrupted, fubverted, and trod under foct by particulars? But, fay I, the republick has done me injustice, and has fentenced me wrongfully. Have you forgot, the laws would reply, that you are under an agree"ment with us to fubmit your private judgment to the repub"lick? You were at liberty, if our government and conftitu❝tions did not fuit you, to retire and fettle yourself elsewhere : "But a refidence of feventy years in our city fufficiently de notes, that our plan has not difpleafed you, and that you "have complied with it from an entire knowledge and expe"rience of it, and out of choice. In effect you owe all you "are, and all you poffefs, to it: Birth, nurture, education, "and establishment; for all thefe proceed from the tuition and protection of the republick. Do you believe yourself "free to break through engagements with her, which. you "have confirmed by more than one oath? Though she should intend to deftroy you, can you render her evil for evil, and injury for injury? Have you a right to act in that manner |