# The Historical Library of Diodorus the Sicilian/Book XIII/Chapter III
### Chapter III

    Diocles instituted laws for Sicily: suffered by one of his own laws. Three hundred appointed to govern in Athen. The Athenians beaten at sea by the Lacedæmonians at Oropus. Alcibiades recalled from banishment.
THE war now ended, Diocles prescribed laws for the Syracusans. But one thing very remarkable happened concerning this man: for being of an inexorable nature, and rigid and severe against the offenders, amongst other laws which he made, one was this—That if any man came armed into the court, he should be put to death, without any exception of ignorance, or of any other circumstance of the fact whatsoever. It happened that some enemies made a sudden incursion into the borders of the Syracusans, and he was to go forth against them. In the mean time, a seditious tumult arose near the court: upon which he hastened thither with his sword by his side; which being taken notice of by a private man, who cried out—That he violated the laws he himself had made. No, by Jove, (says he), I will confirm them: and so drawing his sword, ran himself through. These were the actions of this year.
After this, when Callias governed in chief at Athens, the Romans chose four military tribunes to execute the office of consuls, Publius Cornelius, Caius Valerius, Cneius Fabius Vibulanus, and Quintius Cincinnatus. At the same time the ninety-second olympiad was celebrated at Elis, where Exænetus of Agrigentum was victor. At this time the Athenians began to be in contempt by reason of their misfortunes in Sicily. For soon after, the Chians, Samians, Byzantines, and a great part of their confederates fell off to the Lacedæmonians. The people of Athens being upon this account in great perplexity, laid aside the democratical government, and chose four hundred to manage the affairs of the commonwealth. The sovereign power being now devolved upon a few, they built more gallies, and rigged out a fleet of four hundred sail. After some disagreement among the officers, they sailed to Oropus, where the enemy's gallies lay at anchor: hereupon a battle was fought, and the Lacedæmonians prevailed and took two-and-twenty sail.
As for the Syracusans, when the war was ended with the Athenians, they rewarded the Lacedæmonians their confederates, of whom Gylippus was general, with the spoils taken in the war, and sent with them five-and-thirty gallies to assist them against the Athenians, of which Hermocrates, a great man among the citizens, was admiral. Then all the booty and prey was brought together, and out of the spoils they adorned the temples, and rewarded every soldier according to his merit.
After these things, Diocles, a man of great authority amongst the people, prevailed to have the administration of the government altered, by choosing the magistrates by lot, and ordered that there should be law-makers appointed both to settle the commonwealth, and to make new laws for the future government. The Syracusans therefore chose such from among the citizens as they judged most prudent, of whom the chief was Diocles: he was a man of such excellent parts, and of so great reputation, that the laws (though made with the joint help of others) were called from him the Dioclean laws. And he was not only admiral by the Syracusans whilst he lived, but, when he was dead, they honoured him as a hero, and built a temple to his memory, which Dionysius afterwards pulled down when he built the new wall. All the rest, likewise, of the Siculi, highly valued this man: and upon that account many of the cities through Sicily used the same laws that he had instituted, till such time as the Romans brought all Sicily under the power of Rome. And though in times long after Diocles, Cephalus, in the time of the government of Timoleon and Polydorus, when Hiero reigned, instituted laws for the Syracusans, yet neither of them were ever called law-makers, but interpreters of the law-maker; becausee the former laws being written in old and obsolete language, were scarce to be understod. And whereas there arc many things in these laws very remarkable, yet the great hatred against knavery and dishonesty appears chiefly from this—That the bitterest and severest punishments are leveled against all those that violate justice. His great dexterity in civil affairs is evident hence—That he appointed a certain mulct or fine almost for every offence or cause, private or public, proportionate to the nature of the thing. He is very concise in his expressions, leaving much to the disquisition of the learned reader. The sad manner of his death is a sufficient testimony of the virtuous resolution of his mind. I am the rather desirous to speak more than ordinary of these things, in regard that most authors heretofore have mentioned very little concerning him.
But to return to the Athenians, when they heard of the ruin of their army in Sicily, they took it most grievously, yet slacked nothing in their contests with the Lacedæmonians about the sovereignty, but prepared a greater fleet, and let their money fly abroad amongst all their confederates that were resolved to stick by them to the utmost extremity, to gain and keep the sovereign power. And to that end they gave full authority to four hundred persons chosen out of the citizens to rule and govern the commonwealth: for, in their present circumstances, they preferred an oligarchy before their former democracy. But the thing did not in the least answer their expectations; for they were much more unsuccessful afterwards; for they sent forth two generals that were at dissention between themselves, with a fleet of forty sail against the enemy. And although the present distressed condition and bad state of aflairs with the Athenians called aloud for peace and concord amongst themselves, yet the generals did all they could to widen the breach, and cherish the enmities and animosities they bore one against another. At length sailing to Oropus, unawares and unprepared, they fought with the Peloponnesians, where, through their carelessness at the beginning, and their sloth and inadvertency in the heat of the fight, they lost two-and-twenty ships, and brought the rest with great difficulty into Eretria.
Upon this the confederates of the Athenians (considering the overthrow in Sicily, and the late ill management of the two commanders) joined with the Lacedæmonians. Darius likewise, the king of Persia, sought earnestly to enter into a league with the Lacedæmonians: and to that end Pharnabazus, his lieutenant upon the sea-coasts, supplied the Lacedæmonians with money, and sent for three hundred ships from Phœnicia, which he had before ordered to be sent to them at Bœetia. And now, when the Athenians were involved in so many mischiefs at one time, all men thought the war at an end; for none had the least hopes that the Athenians could make any further opposition, not for the least moment of time. But the thing had a far different issue from that which was commonly supposed; for such was the brave spirit of the Athenians, that the event was quite contrary, which happened upon this occasion—Alcibiades being banished from Athenes, aided the Lacedæmonians for some time in the war, and was very useful to them, being an eloquent orator, daring and bold, of the most noble family, and the greatest estate of any of the citizens, and therefore esteemed the chief man of Athens. This man having a great desire to be recalled from his banishment, did all he could to ingratiate himself with the people of Athens, by doing them some remarkable service, at a time when they seemed to be in the lowest ebb of fortune. And therefore having a great interest in Pharnabazus, Darius's lieutenant, and understanding that he designed to send three hundred ships to aid the Lacedæmonians, prevailed with him to alter his resolution. For he suggested to him, that it was not safe for the king to make the Lacedæmonians too strong, nor for the advantage of the Persians: and that it was much more their interest to keep the balance equal, that so the two commonwealths might be in continual war one with another.
Pharnabazus conceiving Alcibiades had given him sound and wholesome advice, sends back the fleet to Phœnicia: and thus the aid intended for the Lacedæmonians was prevented by Alcibiades. A little time after he was recalled, and made general of the army, and overcame the Lacedæmonians in several battles, and raised up his country from their low estate, to their former height of glory. But of these matters we shall speak more fully hereafter, lest we should transgress the due order of our history by too much anticipation.