Books: The Orations of Lysias
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Lysias >> The Orations of Lysias
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41. Therefore I often wondered at the audacity of those speaking in their
behalf, except when I consider that it is in their power both to do all
evils and to praise those like them. 42. For this is not the first time
he has acted contrary to your majority; but in the time of the Four
Hundred, having set up an oligarchy in the camp, he fled from the
Hellespont, deserting his ship, although the commander of it, with
Iatrocles and others whose names I do not need to mention; and, having
come here, he opposed those who favored a democracy. And of these things
I will bring you witnesses.
WITNESSES.
43. I will pass over then his intervening life; but after the sea-fight
and the disaster to the city took place, there being still a democracy,
five men were made Ephors by the so-called secret societies (whence they
began a sedition), to assemble the citizens, lead the conspirators, and
oppose your democracy. Among them were Eratosthenes and Critias. 44. And
they appointed commanders over the guards, and they directed what ought
to be voted and who ought to rule, and, if they wished to do anything
else, they were masters; so not only enemies, but also those who were
citizens plotted against you, in order that you might vote nothing good,
and might be in want of many things. 45. For this they knew, that they
could not get the upper hand in any other way, but success for them
depended on your misfortune; and they thought that you, wishing to be
freed from your present evils, would not consider about future ones. 46.
That it was in the power of the Ephors at that time, I will bring
witnesses to you, not those then co-operating with him (for I should not
be able), but those who heard Eratosthenes himself. 47. But, if they had
been prudent, they would have borne witness against them, and would have
severely punished the teachers of their crimes, and, if they had been
wise, would not have considered their oaths binding to the extent of
wronging the citizens, but for the good of the state they would have
easily transgressed them; therefore I say such things to them. Call
witnesses for me, and come forward.
WITNESSES.
48. You have heard the witnesses. At last, being established in power, he
took part in no good deed, but in many of an opposite character. If,
however, he were an honest man, he ought, in the first place, not to rule
contrary to law; secondly, to inform the council concerning all the
reports, that they were false, and that Batrachus and Aeschylides did not
announce the truth, but told things invented by the Thirty, as agreed
upon for the injury of the citizens. 49. And indeed, jurors, all who were
ill disposed toward you, remained quiet just the same; for there were
others saying and doing things which were greater evils than what could
(otherwise) come to the city. But for those who said they were well
disposed, why did they not show it there, both by speaking what was best
themselves, and preventing men from doing wrong?
50. But perhaps he might be able to say he was afraid, and this will be a
sufficient excuse to some of you. (Observe) then, if he shall appear to
be opposing the Thirty in speech; otherwise it will be evident that these
things pleased him, and he had so much power that, although, he opposed,
he suffered no evil from them. And he ought to have this zeal for your
safety, but not for Theramenes, who has wronged you in many respects. 51.
But that he considered the city hostile and your enemies his friends, I
shall establish by many proofs; likewise that the quarrels with each
other arose not on your behalf, but on theirs, to determine who shall do
these things and govern the state. 52. For, if they made the revolt in
behalf of those who had been wronged, when would there have been a better
opportunity for a ruler to show his friendship than when Thrasybulus had
taken possession of Phyle? But he, instead of announcing or doing
anything good toward those at Phyle, came with his fellow-rulers to
Salamis and Eleusis, and led away three hundred of the citizens to
prison, and by one vote condemned them all to death. 53. But when we came
to the Piraeus, and disputes arose, and speeches were made about a
reconciliation, we each had many hopes of behaving towards each other, as
both parties gave indications; for the Piraeus party, being superior,
permitted them to depart, (54) and they, having come to the city, drove
out the Thirty, except Pheido and Eratosthenes, and chose as leaders
those most opposed to them, thinking justly that by the same persons both
the Thirty would be hated, and the Piraeus party loved. 55. Of these,
then, Pheido, who had been one of the Thirty, and Hippocles, and
Epichares of Lamptrae, and others seeming to be the most opposed to
Charicles and Critias and their club, when they were established in
power, created much greater party-feeling against the Piraeus party for
the city party. 56. And they openly showed that they were making the
disturbance, not on behalf of the Piraeus party, nor on behalf of those
perishing unjustly, neither did they trouble themselves about the dead,
nor those who were going to be put to death, but those who had more power
and were getting rich faster. 57. For, having seized the offices and the
city, they made war upon both parties, both the Thirty who had done all
evils, and you who had suffered all evils; and this was evident to all,
that, if the former were accused unjustly, you (were accused) justly, but
if you unjustly, the Thirty justly, for they were banished from the city,
not having been guilty of other things, but of these things. 58. So that
it is necessary to be exceedingly indignant that Pheido, having been
chosen to conciliate you and restore you, did the same things as
Eratosthenes, and with the same mind was ready to injure those who were
in the majority in their own party by means of you; and he was not
willing to restore the city to you in unjust exile, but, having come to
Sparta, he tried to persuade them to begin hostilities, falsely saying
that the city would fall into the power of the Boeotians, and other
things besides by which he hoped to persuade them. 59. But not being able
to obtain this, either because the sacred rites were in the way, or
because they themselves did not wish it, he borrowed a hundred talents in
order that he might be able to hire mercenaries; and they chose Lysander
as leader, who was very friendly to the oligarchy, and most hostile to
the state, especially the Piraeus party. 60. Then having hired all men
for the destruction of the city, and inciting cities, and finally the
Lacedaemonians, and such of their allies as they could persuade, they
made preparations not to restore but to destroy the city (and would have
succeeded), had it not been for certain brave men, to whom I charge you
to show your gratitude by punishing these wretches. 61. You know these
things yourselves, and I know it is not necessary to provide witnesses,
nevertheless (I will), for I need to stop speaking, and it is more
pleasant for you to hear the same words from as many as possible.
WITNESSES.
62. Come now, I will show you about Theramenes as briefly as I can, and I
request you to hear me, both on behalf of myself and the city. And let no
one think that I am accusing Theramenes while Eratosthenes is on trial.
For I learn that he will make this defense, that he was a friend of his,
and took part in the same acts. 63. But I suppose that he, as a citizen,
would pretend that he was acting with Themistocles, in order that the
walls might be built, since (he says he is acting) with Theramenes, in
order that they may be destroyed; for they do not seem to me to be worthy
of a comparison, for he built them up against the will of the Spartans,
but this man has torn them down, after deceiving the citizens. 64. For
the opposite has happened to the city from what was natural. For it was
right that the friends of Theramenes should be ruined with him, except if
one happened to be acting in opposition to him; but now I see that the
defense is thrown upon him, but that his companions are trying to get
honor, as if he had been the cause of many blessings, and not of great
evils. 65. In the first place, he was the chief cause of the former
oligarchy, having persuaded you to choose the constitution, in the time
of the Four Hundred. His father, being one of the commissioners, did
these things, and he himself seeming to be in full sympathy with the
affair, was chosen general by them. 66. And while he was in office, he
showed himself faithful (to the city); but, when he saw that Pisander and
Callaeschrus and others were superior to him, and that you no longer
wished to hear them, then, on account of his enmity towards them, and his
fear of you, he took part with Aristocrates. 67. And, wishing to seem to
be faithful to you, he accused and put to death, Antiphon and
Archeptolemus, who were great friends of his, and reached such a pitch of
wickedness, that at the same time, on account of his faith to them, he
enslaved you, and on account of his (faith) to you he destroyed his
friends. 68. Then being honored, and thought worthy of the greatest
things, he himself, having announced that he would save the city,
destroyed it, saying he had done a great and valuable thing. And he
promised to make peace, without giving hostages, without dismantling the
walls, and without giving up the ships, and wishing to say these things
to no one, he commanded you to trust him. 69. But you, Athenians, while
the council of the Areopagus was acting for safety, and many were
opposing Theramenes, though you knew that other men keep secrets on
account of the enemy, while he, even among his own citizens, was
unwilling to state those things which he was going to state to the enemy,
nevertheless intrusted to him your country, children, wives and
yourselves. 70. But he did nothing which he promised; on the contrary, he
reflected that the city ought to be small and weak, so that he endeavored
to persuade you to do those things which no one of the enemy ever
mentioned, or of the citizens ever expected; not being compelled by the
Lacedaemonians, but himself giving orders to them, both to destroy the
walls of the Piraeus, and to break up the existing state of government,
well knowing that, if you were not in despair, you would inflict speedy
punishment upon him. 71. And finally, jurors, he did not permit the
assembly to be held until the opportunity mentioned by him
(_Lysander_) was carefully watched by him, and he had summoned the
ships from Samos with Lysander, and the camp of the enemy was in the
city. 72. Then, this being the state of affairs, and Lysander and
Philochares and Miltiades being present, they made an assembly concerning
the constitution, in order that no orator might oppose or threaten them,
and that you might not choose what was advantageous, but might vote what
seemed best to them. 73. And Theramenes stood up, and advised you to
commit the city to thirty men, and abide by the constitution which
Dracontides proposed, but you, nevertheless, being so disposed, made a
tumult as if you would not do these things, for you knew that you were
deliberating that day concerning slavery and liberty. 74. But Theramenes,
jurors, (and of these things I will bring you yourselves as witnesses,)
said he cared nothing for your tumult, since he knew that many of the
Athenians were doing things like himself, and he said things which seemed
good to Lysander and the Lacedaemonians; and after him Lysander rose and
said a great deal, but particularly that he considered you faithless, and
that the question would be to you, not about a constitution, but about
safety, unless you did what Theramenes commands. 75. And of those in the
assembly, the better portion were aware of the preparation and the
crisis, and some remained and kept quiet; but others went off, knowing
this, at least, that they had voted nothing wrong to the city; while a
few base and evil schemers voted what was commanded. 76. For they were
commanded to elect ten whom Theramenes proposed, and ten whom, those
elected Ephors advised, and ten from those present; for they saw your
weakness, and they knew their own power, so that they knew beforehand
what was going to take place in the assembly. 77. And in these things it
is not necessary to believe me, but him, for all those things said by me
he said, in his defense in the council, reproaching the exiles, because
they came back through his means,--the Lacedaemonians not caring about
it,--and reviling those taking part in the government, because he himself
met with such treatment, after having been the cause of all the things
done in the ways mentioned by me, having himself given many pledges, and
received many from them. 78. And though he has been the cause of so many
other evils and disgraces, both long ago and recently, both small and
great, they will venture to declare that they are friends of his, when
Theramenes died not on your behalf, but on account of his own wickedness,
and was justly punished in an oligarchy (for he destroyed it); as he
would have been justly in a democracy; for he twice enslaved you,
despising what was present, and desiring what was absent, setting himself
up as a teacher of most horrible things, while using a most honorable
name.
79. Concerning Theramenes then, the accusations seem to me to be
sufficient; and the time has come when it is necessary not to have pardon
and pity in your decision, but to punish Eratosthenes and his fellow-
rulers, and not by fighting to be superior to our (public) enemies, and
by voting to be weaker than our private enemies. 80. Accordingly do not
favor them more for what they say they are going to do, than be angry for
what they have done; neither plot against the Thirty when absent, and
acquit them when present; neither aid yourselves in a manner worse, than
fortune has, which has given them to the city. 81. Act against
Eratosthenes and his friends, upon whom he will lay the defense, and with
whom these things were done by him; but the contest between the city and
Eratosthenes is not equal, for he was at once the accuser and judge of
what was taking place; but we are brought now to an accusation and
defense. 82. They put to death without a trial those doing no wrong; but
you think it right to try according to law those who have destroyed the
city; from whom even if you wished to exact punishment, contrary to law,
you could not exact one worthy of the crimes which they have done to the
city; for by what suffering could they suffer a punishment proportionate
to their deeds? 83. If you should kill these, and their children, should
we exact an adequate punishment for the murder of those whose fathers and
sons and brothers they put to death without a trial? Or if you should
confiscate their real estate, would it be well either for the state from
which they have taken much, or for the citizens whose houses they have
plundered? 84. Since, then, by most stringent measures you could not
exact a sufficient punishment from them, is it not a shame for you to
neglect any (penalty) whatsoever which one might wish to exact from them?
It seems to me, that he must be an audacious wretch who when no others
are the jurors except those very ones who have suffered ill, has come to
make his defense, before the very witnesses of his villainy; so much has
he either despised you or trusted others. 85. Both of these things it is
worth while to consider, reflecting that they would not be able to do
these things without the co-operation of others, neither would they have
attempted to come now, unless they thought they would be saved by those
same persons who have come here, not to rescue them, but in the belief
that there would be great security to them for what they have done, and
in future the power to do whatever they wish, if, having made the arrest,
you shall acquit those who are guilty of the greatest crimes.
86. But it is worth while to wonder about those who take their part,
whether they make their accusations as good and honorable men, showing
their own virtue worth more than the baseness of these. I wish that they
were as zealous to save the city as these to destroy it--or whether they
will defend them as skillful in speech, and will show their deeds to be
worthy. But no one of them ever endeavored to speak justly in your
behalf. 87. Again it is worth while to see the witnesses who, testifying
to these things, accuse themselves, thinking that you are very forgetful
and simple-minded, if, they think without fear to save the Thirty through
you; but thanks to Eratosthenes and his fellow-rulers, it became a
fearful thing to go even to the carrying out of the dead. 88. But these
men, if saved, would again be able to destroy the state, but those whom
they destroyed, having died, gave their life beyond the vengeance of
their enemies. Is it not a hard thing if their friends were likely to
perish with those who died unjustly, while many will undertake the
funeral of those who destroyed the state, seeing that so many are
prepared to go to the rescue? 89. And I think it far easier to resist
your wrongs than to defend the conduct of these men. But they say that
Eratosthenes did the fewest evils of the Thirty, and, on this account,
they demand that he shall be saved; but because, of (all) other Greeks,
he has done you the most wrongs, they do not think he ought to perish.
90. Now therefore you will show what opinion you hold in regard to these
matters; if you convict him, it will be evident that you are indignant at
what has taken place; but, if you acquit him, you will seem to desire the
same things as they, and yet you will not be able to say that you did
what was commanded by the Thirty. 91. For in the present case, no one
compels you to acquit contrary to your opinion. So I advise you not to
convict yourselves by acquitting these, nor think that your vote is
secret, for you will make your decision known to the city.
92. I desire to conclude, after reminding both parties of a few things,
the city party and the Piraeus party, in order that, having as proofs the
disasters which have occurred through their means, you may vote.
In the first place, you of the city party should reflect that you were so
severely governed by them, that you were compelled to wage such a war
upon your brothers, and sons, and citizens, that, if defeated in it, you
would be on an equality with those who conquered, but conquering, would
be slaves to them. 93. These villains, on the one hand, as a result of
the strife, would have enriched their private resources, but you would be
poorer on account of your war with each other, for they demanded that you
should not share their advantages, while they compelled you to share
their dishonor, having reached such a pitch of arrogance, that, without
sharing the offices with you, they kept your faith, but in sharing their
reproaches, they thought you would be friendly. 94. Wherefore do you,
being confident, as far as you are able, both exact punishment in your
own behalf and in behalf of the Piraeus party, reflecting that you were
governed by those who were most vicious, that you are living now with the
best of men, making war upon enemies, and deliberating for (the
interests) of the city, and remembering the mercenaries whom these men
made the guards of their power and your servitude in the Acropolis. 95.
This much I say to you, though there are many things besides.
And you of the Piraeus party, in the first place, should remember your
warlike deeds, that, having fought many battles in a foreign country, you
were deprived of your arms, not by enemies, but by these men in a time of
peace; secondly, that you were proclaimed exiles from the city, which our
fathers gave to you, and that they demanded you, who fled, back from the
cities (to which you fled). 96. Therefore be angry as when you went into
exile, and remember the other misfortunes which you suffered from them,
who seized some from the market-place, and others from the temple, and
put them to death, and, dragging others away from their children,
parents, and wives, compelled them to be murderers of their own kindred,
and did not permit them to receive the customary burial; thinking their
own government would be more secure from the vengeance of the gods. 97.
And those who escaped death, after having often been in danger, wandering
to other cities, and being outlawed from every place, in want of the
necessities of life, some leaving their children in their country now
become foreign, and others in a strange land, with much opposition, have
come to the Piraeus. And though there were many great dangers, being
honorable men, you freed some, and others you restored to their country.
98. But if you have been unsuccessful, and had failed in these things,
you would yourselves have fled, fearing lest you should suffer just such
wrongs as before, and neither temples nor altars, things which are a
source of safety even to those doing wrong, would have helped you,
injured through the characters of these men; and your children, as many
as were here, would be ill-treated by them; and those in a foreign land
would be slaves, on account of small debts, from the lack of those to
assist them.
99. However I am not willing to say what the future will be, not being
able to say what has been done by them; for it is not the work for one
accuser, nor for two, but for many; still (_nothing of my zeal has been
left out_), I have employed all my zeal in behalf of the temples,
which they in part have sold, and in part desecrated by entering; in
behalf of the city, which they rendered weak; in behalf of the dockyard,
which they dismantled; and in behalf of the dead, whom, now that they are
dead, you should aid, since you were not able to defend them when alive.
100. But I think they hear you, and will know that you are voting,
feeling that those who acquit these have condemned them to death; but as
many as punish these have avenged them. I shall cease my accusation. You
have heard, seen, suffered, and hold the evidence. Now pass your
judgment.
ORATION XIII.
AGORATUS.
1. It is fitting, gentlemen of the jury, for all of you to avenge the men
who died well disposed to the state, and for me not the least. For
Dionysodorus was my brother-in-law and nephew. So I have the same
hostility to this Agoratus as your party. For he did things on account of
which he is justly hated by you and me, and, if God wills, he shall be
justly punished. 2. For my brother-in-law, Dionysodorus, and many others
whose names you shall hear, being men well disposed to the people, he put
to death in the time of the Thirty, informing against them. Doing these
things he injured me not a little and all who have come here, and greatly
injured the whole state in common, as I think, by depriving it of such
men. 3. Therefore, gentlemen of the jury, I think it right by divine and
human law for each one to take as much revenge as he can. And I think if
you should do this, we should fare better at the hands of gods and men.
But, Athenians, you must hear about his deeds from the very beginning,
(4) that you may first learn in what manner your democracy was destroyed,
then how these men were put to death by Agoratus and what those about to
die charged us with. On learning all this accurately you will more
willingly and justly condemn this Agoratus. Therefore, where we can most
easily teach and you learn, there I will begin the story.
5. When your ships were destroyed and the resources of the state were in
a bad way, not long afterwards the ships of the Lacedaemonians arrived at
the Piraeus, and at the same time conferences about peace took place with
the Lacedaemonians. 6. During that period those who wished a revolution
in the city laid their plans, thinking they had hit upon the right moment
and would establish things just at that time as they themselves wished.
7. They thought nothing was in their way except the leaders of the
people, the Strategi, and the Taxiarchs. Accordingly they wanted to
remove these in some way or other, that they might more easily arrange
matters as they wished. First then, they assailed Cleophon with this
idea. 8. For when the first meeting about peace was in session, and those
who had come from the Lacedaemonians said on what terms the
Lacedaemonians were willing to make peace--if the long walls should be
destroyed for ten stadia on both sides--then you, Athenians, could not
bear to hear about the destruction of the walls, and Cleophon rose in
your behalf and said that it was not at all possible to do this. 9. Then
Theramenes, plotting against the people, rose and said if you would
appoint him ambassador with full powers he would bring it about that the
walls should not be destroyed, nor any other evil injure the state. He
thought in some other way to benefit the city at the hands of the
Lacedaemonians. 10. And you, persuaded, chose him as plenipotentiary,
although the year before you rejected him after he was chosen Strategus,
not thinking him well disposed to the people. 11. He, therefore, going to
Sparta remained there a long time leaving you in a state of siege, though
he knew that on account of the war and misfortunes the people were in
need of the very necessities of life, thinking if he brought you to a
very low state, as he did, that you would gladly make any sort of peace
that he desired. 12. Those who remained here and planned to overthrow the
government, brought Cleophon to trial on the plea that he did not come to
the camp to sleep, but really because he spoke against tearing down the
walls. When they had packed the jury, and those who desired to establish
an oligarchy had come in, they killed him on this charge. 13. Theramenes
afterwards came from Sparta. Some of the Strategi and Taxiarchs, among
them Strombichides and Dionysodorus, and other citizens who were well
disposed to you, as they afterwards showed, having gone to meet him,
became exceedingly angry. For he came bringing a peace the nature of
which we afterwards learned by actual experience. For we lost many good
citizens and we ourselves were driven out by the Thirty. 14. For instead
of destroying ten stadia of the long walls (the terms of peace) were to
destroy all the wall, and instead of finding some other good for the
city, to hand over the ships to the Lacedaemonians and to destroy the
walls about the Piraeus. 15. These men, perceiving it was a peace in
name, but in fact the destruction of the democracy, refused to allow this
to take place, not because they were sorry, Athenians, that the walls
were to fall, nor that they minded giving over the ships to the
Lacedaemonians (for this was no more their concern than yours), (16) but
learning that thus the people was to be destroyed; not (as some say)
because they did not wish there to be peace, but because they wished to
make a better peace than this for the people of Athens. They thought they
would be able and would have done this if they had not been killed by
this Agoratus.
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