"The Cerasuntines, seeing a rush in their direction, thought that, without a doubt, it was directed against themselves, and fled with all speed and threw themselves into the sea, in which proceeding they were imitated by some few of our own men, and all who did not know how to swim were drowned. But now, what do you think of their case, these men of Cerasus? They had done no wrong. They were simply afraid that some madness had seized us, like that to which dogs are liable.
"I say then, if proceedings like this are to be the order of the day, you had better consider what the ultimate condition of the army is like to be. As a body you will not have it in your power to undertake war against whom you like, or to conclude peace. But in private any one who chooses will conduct the army on any quest which takes his fancy. And when ambassadors come to you to demand peace, or whatever it may be, officious people will put them to death and prevent your hearing the proposals which brought them to you. The next step will be that those whom you as a body may choose as generals will be of no account; but any one who likes to elect himself general, and will adopt the formula 'Shoot him! shoot him!' will be competent to cut down whomsoever he pleases untried, be it general or private soldier, if only he have sufficient followers, as was the case just now. But just consider what these self-appointed generals have achieved for you. Zelarchus, the clerk of the market, may possibly have done you a wrong; if so, he has sailed off and is gone without paying you any penalty; or he may be guiltless, in which case we have driven him from the army in terror of perishing unjustly without a trial. While those who stoned the ambassadors have contrived so cleverly that we alone of all Hellenes cannot approach Cerasus safely without a strong force, and the corpses which the very men who slew them themselves invited us to bury, we cannot now pick up with safety even under a flag of truce. Who indeed would care to carry a flag of truce, or go as a herald with 30 the blood of heralds upon his hands? All we could do was to implore the Cerasuntines to bury them.
"If then you approve of such doings, have a resolution passed to that effect, so that, with a prospect of like occurrences in the future, a man may privately set up a guard and do his best to fix his tent where he can find a strong position with a commanding site. If, however, these seem to you to be the deeds rather of wild beasts than of human beings, bethink you of some means by which to stay them; or else, in heaven's name, how shall we do sacrifice to the gods gladly, with impious deeds to answer for? or how shall we, who lay the knife to each other's throats, give battle to our enemies? What friendly city will receive us when they see rampant lawlessness in our midst? Who will have the courage to afford us a market, when we prove our worthlessness in these weightiest concerns? and what becomes of the praise we expect to win from the mouths of men? who will vouchsafe it to us, if this is our behaviour? Should we not ourselves bestow the worst of names on the perpetrators of like deeds?"
After this they rose, and, as one man, proposed that the ringleaders in these matters should be punished; and that for the future, to set an example of lawlessness should be forbidden. Every such ringleader was to be prosecuted on the capital charge; the generals were to bring all offenders to the bar of justice; prosecutions for all other misdemeanours committed since the death of Cyrus were to be instituted; and they ended by constituting the officers into a board of dicasts; and upon the strong representation of Xenophon, with the concurrence of the soothsayers, it was resolved to purify the army, and this purification was made.
 I.e. a board of judges or jurors.
It was further resolved that the generals themselves should undergo a 1 judicial examination in reference to their conduct in past time. In course of investigation, Philesius and Xanthicles respectively were condemned to pay a sum of twenty minae, to meet a deficiency to that amount incurred during the guardianship of the cargoes of the merchantmen. Sophaenetus was fined ten minae for inadeqate performance of his duty as one of the chief officers selected. Against Xenophon a charge was brought by certain people, who asserted that they had been beaten by him, and framed the indictment as one of personal outrage with violence. Xenophon got up and demanded that the first speaker should state "where and when it was he had received these blows." The other, so challenged, answered, "When we were perishing of cold and there was a great depth of snow." Xenophon said: "Upon my word, with weather such as you describe, when our provisions had run out, when the wine could not even be smelt, when numbers were dropping down dead beat, so acute was the suffering, with the enemy close on our heels; certainly, if at such a season as that I was guilty of outrage, I plead guilty to being a more outrageous brute than the ass, which is too wanton, they say, to feel fatigue. Still, I wish you would tell us," said he, "what led to my striking you. Did I ask you for something and, on your refusing it to me, did I proceed to beat you? Was it a debt, for which I demanded payment? or a quarrel about some boy or other? Was I the worse for liquor, and behaving like a drunkard?" When the man met each of these questions with a negative, he questioned him further: "Are you a heavy infantry soldier?" "No," said he. "A peltast, then?" "No, nor yet a peltast"; but he had been ordered by his messmates to drive a mule, although he was a free man. 5 Then at last he recognised him, and inquired: "Are you the fellow who carried home the sick man?" "Yes, I am," said he, "thanks to your driving; and you made havoc of my messmates' kit." "Havoc!" said Xenophon: "Nay, I distributed it; some to one man, some to another to carry, and bade them bring the things safely to me; and when I got them back I delivered them all safely to you, and you, on your side, had rendered an account to me of the man. Let me tell you," he continued, turning to the court, "what the circumstances were; it is worth hearing:--
 See the "Dict. of Antiq." 622 a. HYBREOS GRAPHE. In the case of common assaults as opposed to indecent assault, the prosecution seems to have been allowable only when the object of a wanton attack was a free person. Cf. Arist. "Rhet." ii. 24.
"A man was left behind from inability to proceed farther; I recognised the poor fellow sufficiently to see that he was one of ours, and I forced you, sir, to carry him to save his life. For if I am not much mistaken, the enemy were close at our heels?" The fellow assented to this. "Well then," said Xenophon, "after I had sent you forward, I overtook you again, as I came up with the rearguard; you were digging a trench with intent to bury the man; I pulled up and said something in commendation; as we stood by the poor fellow twitched his leg, and the bystanders all cried out, 'Why, the man's alive!' Your remark was: 'Alive or not as he likes, I am not going to carry him' Then I struck you. Yes! you are right, for it looked very much as if you knew him to be alive." "Well," said he, "was he any the less dead when I reported him to you?" "Nay," retorted Xenophon, "by the same token we shall all one day be dead, but that is no reason why meantime we should all be buried alive?" Then there was a general shout: "If Xenophon had given the fellow a few more blows, it might have been better." The others were now called upon to state the grounds on which they had been beaten in each case; but when they refused to get up, he proceeded to state them himself.