Chapter 5

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.

17. Theramenes and others who were plotting against you, knowing that there were some who were opposed to the destruction of the democracy and would take an opposite stand for freedom, chose to bring against these men false accusations and to place them in danger before the assembly on peace was held, that no one there might raise objections in your cause. 18. Therefore they adopt the following plan. They persuade this Agoratus to become an informer against the Strategi and Taxiarchs; not that he was in their secrets, Athenians, no indeed, (for they were not so foolish and friendless, that, when they were engaged in an affair of this size, they would call in Agoratus, a slave and a son of slaves, as being trustworthy and well disposed,) but because it seemed to them that he was a necessary informer. 19. Therefore they wished him to seem to give testimony unwillingly and with reluctance, that he might seem to you somewhat more trustworthy.

But that he testified willingly I think you know from the case. For they sent Theocritus, known as the son of Elaphostictus, to the Boule, which was in session before the Thirty. And this Theocritus was a friend and relative of Agoratus. 20. But the Boule in the time of the Thirty was tampered with, and as you know, greatly favored an oligarchy. And the proof is that those in that Boule served in the last one under the Thirty. Why do I relate this to you? That you may know that the decision of that Boule was not well disposed to you, but was entirely for the destruction of your party, and that you may know them to be such. 21. Theocritus coming into the Boule in secret session testified that some were together with the intention of raising opposition to the established government. But said he could not give their names individually, for he had sworn the same oaths with them; that there were others who would tell, but that he personally would never do it. 22. If he did not testify according to a plot, why did not the Boule compel Theocritus to give their names, and not to give testimony without names? But now this vote was passed.

DECREE.