[5] Nepos says the fine was estimated at the cost of the navy he had conducted to Paros; but Boeckh rightly observes, that it is an ignorant assertion of that author that the fine was intended for a compensation, being the usual mode of assessing the offence. The case is simply this--Miltiades was accused--whether justly or unjustly no matter--it was clearly as impossible not to receive the accusation and to try the cause, as it would be for an English court of justice to refuse to admit a criminal action against Lord Grey or the Duke of Wellington. Was Miltiades guilty or not? This we cannot tell. We know that he was tried according to the law, and that the Athenians thought him guilty, for they condemned him. So far this is not ingratitude--it is the course of law. A man is tried and found guilty--if past services and renown were to save the great from punishment when convicted of a state offence, society would perhaps be disorganized, and certainly a free state would cease to exist. The question therefore shrinks to this--was it or was it not ungrateful in the people to relax the penalty of death, legally incurred, and commute it to a heavy fine? I fear we shall find few instances of greater clemency in monarchies, however mild. Miltiades unhappily died. But nature slew him, not the Athenian people. And it cannot be said with greater justice of the Athenians, than of a people no less illustrious, and who are now their judges, that it was their custom "de tuer en amiral pour encourager les autres." [6] The taste of a people, which is to art what public opinion is to legislation, is formed, like public opinion, by habitual social intercourse and collision. The more men are brought together to converse and discuss, the more the principles of a general national taste will become both diffused and refined. Less to their climate, to their scenery, to their own beauty of form, than to their social habits and preference of the public to the domestic life, did the Athenians, and the Grecian republics generally, owe that wonderful susceptibility to the beautiful and harmonious, which distinguishes them above all nations ancient or modern. Solitude may exalt the genius of a man, but communion alone can refine the taste of a people. [7] It seems probable that the principal Bacchic festival was originally held at the time of the vintage--condita post frumenta. But from the earliest known period in Attica, all the triple Dionysia were celebrated during the winter and the spring. [8] Egyptian, according to Herodotus, who asserts, that Melampus first introduced the Phallic symbol among the Greeks, though he never sufficiently explained its mysterious significations, which various sages since his time had, however, satisfactorily interpreted. It is just to the Greeks to add, that this importation, with the other rites of Bacchus, was considered at utter variance with their usual habits and manners.