Chapter 6
23. When therefore, the vote was passed, those chosen from the Boule went to Agoratus at the Piraeus, and falling in with him in the market-place, sought to arrest him. But Nicias and Nicomenes and a few others present, seeing that this was not best for the state, refused to let them take Agoratus, but took him from them and gave bail for him and pledged to bring him into the Boule. 24. The councilors took the names of those who had given bail, and stopped them, and then went away to the city. But Agoratus and the bondsmen sat down on the altar of Munychia. While they were there they planned what must be done. It seemed best to the bondsmen and to all the others to get Agoratus out of the way as soon as possible, (25) and as two boats were moored at Munychia they besought him by all means to get out of Athens, and said that they themselves were willing to go away with him until the matter was settled, saying that if he were brought into the Boule he would perhaps be tortured and forced to tell the names of the Athenians which those who wished harm to the state had suggested to him. 26. Although these urged him in this way and prepared boats, and were ready to sail with, him, this Agoratus was not willing to obey them. Agoratus, if there was no arrangement for you, and you were not sure of suffering no harm, why did you not go when boats were prepared for you, and your neighbors ready to sail off with you? For you could have done so, and the Boule had you not yet in their power. 27. But they and you were not in equal danger. For in the first place they were Athenians and did not fear being tortured; then leaving their own land they were ready to sail away with you, thinking this was better than that many citizens should be unjustly killed by you. But, first, if you remained there was danger of your being tortured, and then, too, you had no native land to leave. 28. So in every way it was easier for you to make yourself scarce than for them, unless there was something in which you trusted. Now you say you did it unwillingly, while the truth is you willingly put to death many good Athenians. There are witnesses that everything was prepared as I say, and the vote of the senate will witness against you.
DECREE.
29. When this vote was passed, and those from the senate came to Munychia, Agoratus willingly got up from the altar; now they say he was torn away by force. When he was brought into the senate, (30) Agoratus first wrote down the names of his bondsmen; then of the Strategi and Taxiarchs; then also of certain other citizens. This was the beginning of all the evil. I think he himself will confess that he wrote down the names. But if he does not, I will convict him in the very act. Now answer me.
TESTIMONY OF AGORATUS.
31. Accordingly they desired him, gentlemen of the jury, to hand in more names, so strongly determined was the Boule to do evil, and he himself did not seem to them to tell all the truth. Thus, voluntarily, he gave in all these names, as they put no restraint on him at all. 32. When the assembly was held in the theatre at Munychia some were so very anxious that he should also testify in the popular assembly against the Strategi and Taxiarchs (but as for the others the testimony in the senate was enough) that they led him there into the assembly. Now answer me, Agoratus. But I do not think you should deny what you did against all the Athenians.
TESTIMONY.
33. He himself confesses it, but nevertheless the votes of the people shall be read to you.
DECREES.
That this man Agoratus wrote down the names of these men, some in the senate and some in the assembly, and that he is their murderer I think you are well aware. That he was the cause of all the evils which befell the state and is not worthy to be pitied by a single one, I think I can show you in a few words. 34. For when these were arrested and put in prison then Lysander sailed into your harbors, and your ships were surrendered to the Lacedaemonians, and the walls were destroyed, and the government of the Thirty established, and indeed what evil was not done against the state? 35. When, therefore, the Thirty were established, they immediately tried these men in the senate, but the people voted in the court before two thousand. Now read the vote to me.
DECREE.
36. If they had been tried in the court, they could readily have been saved. For you all knew in what evil the state was, although you were not able to bring aid. But the fact was, they brought them into the Boule before the Thirty. And you know what a farce the trial was. 37. The Thirty sat on the seats where the Prytanes are now. Two tables were placed in front of the Thirty. It was necessary to deposit the vote, not in the urns, but in plain sight on the tables, the condemning vote on the further one .... so how could any one of them be saved? 38. And with one vote all that came into the council chamber to be tried before the Thirty were sentenced to death, and no one except this man Agoratus did they acquit; and they acquitted him as a doer of good. But that you may know how many were put to death by this man, I desire to read their names to you.
LIST.
39. When, therefore, gentlemen of the jury, the death sentence was passed on these and they were about to be put to death, one sent for his sister to come to the prison, another for his mother, another for his wife, and others for whatever female relative each of them had, in order that having embraced them for the last time they might end their life thus. 40. And Dionysodorus sent for my sister to come to the prison, for she was his wife. And when she knew this she went, dressed in a black garment, as was fitting on account of the terrible fate of her husband. 41. In the presence of my sister, Dionysodorus left his property as he thought best, and said of this man Agoratus that he was responsible for his death, and charged me and Dionysius, his brother, and all his friends to be revenged on Agoratus in his behalf. 42. And thinking his wife was with child he told her if a son was born to tell the boy how Agoratus had killed his father, and to command him on his father's behalf to take vengeance on his murderer. That I speak truth I furnish the witnesses.
WITNESSES.
43. So these men were informed against and put to death by Agoratus. When the Thirty had removed these I think you know many misfortunes befell the state. This man is responsible for all of this, as he put them to death. It grieves me to be recalling the misfortunes which happened to the state; (44) but it is necessary, gentlemen of the jury, for you to know how much you are to pity Agoratus in this matter. For you know what sort of men and how many there were of the citizens who were carried away from Salamis, and what fate they met at the hands of the Thirty, and how many of those from Eleusis experienced this misfortune; and you remember those here who were led off to prison on account of private enmities. 45. They, having injured the city in no way, were forced to die a most shameful and inglorious death, some leaving aged parents who had hoped to be supported in their old age by their sons, and at their death to be buried by them; some leaving unmarried sisters, some little children needing their care. 46. What opinion, gentlemen of the jury, do you think they who were deprived of their dear ones by this man would have of him? Or what vote do you think they would cast were it in their power? And yet (you are aware) that the walls were torn down and the ships given over to the enemy and the shipyards destroyed, and the Spartans held your Acropolis, and the whole power of the city was undermined so that the city was in no way different from the smallest town. 47. Besides this you lost your private property and finally were driven in a body by the Thirty from your country. Those who were good men, gentlemen of the jury, having learned this, said they would not allow peace to be made. 48. Those men, Agoratus, wishing to do some good to the city, you put to death, on the ground that they were plotting against the city and you are responsible for all the misfortunes which befell the city. So now, each one, remembering not only his own misfortunes, but also those common to the whole city, should revenge himself on the cause of these evils.
49. I wonder, gentlemen of the jury, what he will dare urge in defense. For he must show that he did not give convicting testimony against these men and that he is not responsible for their death, which he will never be able to do. 50. For in the first place the votes of the senate and assembly testify against him, clearly showing about what Agoratus made the accusations. Then the sentence which was passed on him by the Thirty and revoked again clearly shows, this, "since," it runs, "he seems to have spoken the truth." Now read it to me.
EVIDENCE.
51. Therefore he can in no way prove that he did not hand in the names. He must make the following point clear, that he made the accusations justly, seeing these men doing injury to the republic and not well disposed to the people. But I do not think he will try to show this. But in fact if they did any wrong to the people of Athens, the Thirty would not have condemned them for fear that the people should be overcome, taking vengeance on account of them, but I think quite the opposite of this.
52. But perhaps he will say that he did these evils unwillingly. But I do not think, gentlemen of the jury, that if any one with great unwillingness did great wrongs to you, greater than which there could not be, on this account you ought not to have revenge from him. Then remember this, that it was possible for this Agoratus to be saved and that he sat down at the altar of Munychia before he was brought into the Boule. For his bondsmen prepared boats and were ready to sail away with him. 53. And if you had heeded them, and been ready to go away with them, you would neither willingly nor unwillingly have put to death so many Athenians. But being persuaded by those to whom you yielded, you thought that if you would only give in the names of the Strategi and Taxiarchs you would get something great from them. Therefore it is not necessary for us to feel sympathy for you since you felt none for those you put to death. 54. Hippias of Thasos and Xenophon of Icaria, who were summoned by the Boule on the same accusation as he, were executed, and Xenophon was tortured. But Hippias thus .... because they did not appear worth saving to the Thirty (for they destroyed none of the Athenians). But Agoratus was acquitted because he appeared to have done the pleasantest things.
55. But I hear that he will put the blame on Menestratus for these documents. But what Menestratus did was this. This same Menestratus was informed against by Agoratus, was arrested and put in prison. And there was Hagnodorus of Amphitrope, of the same deme as Menestratus, a connection of Critias, one of the Thirty. This one, at the time when the assembly was held in the theatre at Munychia, wishing Menestratus at the same time to be saved, and as many as possible of the people to be accused and put to death, brought him into the assembly and saved him according to this vote.
DECREE.
56. When they had passed this vote, Menestratus made his accusations and added the names of others of the citizens. The Thirty acquitted him, as they did Agoratus, as he seemed to tell the truth, but you long afterwards brought him into court as a murderer and, justly voting death for him, gave him over to the executioner, and he was beaten to death. 57. If he was put to death then Agoratus should justly be killed, as he was responsible for the death of Menestratus having accused him, and who is more to blame for those killed by Menestratus than he who put him in such a position?
58. He seems to me to be different from Aristophanes of Chollidae who was his bondsman, and who, having boats ready at Munychia, was willing to sail away with him. And at least as far as it depended upon him you would have been saved, neither having destroyed any of the Athenians nor being yourself put in any such danger. 59. But you had the audacity to accuse your deliverer, and having informed against him you put him to death and also your other bondsmen. As he was not a pure blooded Athenian citizen, some wished him to be put to torture and induced the people to pass this decree.
DECREE.
60. After this, those who had the administration of affairs at that time went to Aristophanes and begged him to make disclosures and be saved, and not be in danger of undergoing the extreme penalties, being tried for usurping the rights of citizenship. But he declared he would never do it. Such an excellent man was he toward those imprisoned, and the people of Athens generally, that he preferred to die rather than inform against and put to death, any of them unjustly. That man killed by you was such a one, (61) and Xenophon was tortured, and Hippias of Thasos. But you had nothing in common with, all these men, but you were persuaded that if they were put to death you would have a share in the government established, and you accused and put to death many good Athenians.
62. I wish to show you, gentlemen of the jury, of what sort of men you were robbed by Agoratus. If there were not many of them, you should hear about them separately, but as it is, collectively. For some of them who had been your generals gave over the city to their successors in an improved condition. And some held other high offices and performed the duties of Trierarchs and never had any disgraceful charge from you. 63. For some of them were saved and are present whom this one, as far as he could, tried to put to death with cruelty (and indeed sentence of death, was passed on them), but chance and providence saved them. For fleeing from here and not being taken nor awaiting their trial, they came from exile from Phyle and were honored by you as being brave men.
64. Of these men, I say, some Agoratus put to death, others he made exiles from here. But who was he? For you must know that he was a slave and the son of slaves, that you may understand what kind of a man persecuted you. His father was Eumares, and Eumares was the slave of Nisocles and Anticles. And now, witnesses, take the stand.
WITNESSES.
65. Now, gentlemen of the jury, it would be a long task to enumerate the shameful and disgraceful things done by him and his brothers. As regards his informing, either how many private suits he brought by false accusation or how many prosecutions or dispositions he made, it is not necessary for me to say in detail. For you all together in the assembly, and in the court, convicted him of informing, and he was fined ten thousand drachmae. 66. This has been sufficiently proved by you all. Being a man of this sort, he endeavored to seduce and betray the free-born wives of the citizens, and he was taken in adultery. Death is the punishment for this. That I am speaking the truth, call up the witnesses.
WITNESSES.
67. Gentlemen of the jury, there were four brothers. The eldest was taken in the act of making treasonable signals to the enemy by Lamarchus of Sicily, and beaten to death. The second abducted a female slave in Corinth from a woman of the place, and, being taken and put in prison, was put to death. 68. The third, Phainippides arrested as a thief, and you being his judges and passing death sentence on him, gave him to be beaten to death. I think he will admit that what I say is true, and we have witnesses.
WITNESSES.
69. Why, then, is it not proper for you all to convict this man? For if each of them deserved death for one crime, surely, since he has committed many offenses, both publicly against the state and privately against you, for all of which crimes the penalty is death in our laws, you must condemn him to death.
70. Gentlemen of the jury, he will speak and try to deceive you (pretending) that he killed Phrynichus in the time of the Four Hundred; and he says the people made him an Athenian on account of this. But he lies, gentlemen of the jury, for he neither killed Phrynichus nor did the people make him an Athenian. 71. For, gentlemen of the jury, Thrasybulus of Calydon and Apollodorus of Megara conspired against Phrynichus. When they came up to him as he was walking, Thrasybulus struck Phrynichus and felled him with a blow, but Apollodorus did not even lay hands upon him. Then a shout was raised, and they set off to escape. But Agoratus was neither called in to help nor was he present nor did he know anything of the deed. This decree will make it plain to you that I tell the truth.
DECREE.
72. That he did not slay Phrynichus is plain from this decree. For nowhere is it (plain) that Agoratus is an Athenian as it is that Thrasybulus and Apollodorus are. If he did kill Phrynichus, his having been made an Athenian ought to be on the very same pillar as Thrasybulus and Apollodorus ... by giving money to the orator they get their own names inscribed on the pillars as being doers of good. And this decree will convince you that I speak the truth.
DECREE.
73. So much does this man despise you that, although not being an Athenian, he served on the jury and in the assembly, and brought all manner of indictments, having himself enrolled as from Anagurius. Phrynichus established the Four Hundred, and when he was put to death many of the Four Hundred fled. 74. Do you think, therefore, that the Thirty and the Boule, which was in session under the administration of the Thirty, all of whom were of the Four Hundred exiles, if they had captured the man who killed Phrynichus, would have let him go or punished him on account of the exile to which they were subjected? I think they would have punished him. If, on the one hand, he pretends to have killed him, though he did not, he is, as I say, guilty. 75. But if you deny it and say that you did kill Phrynichus, it is plain that by doing greater evils to the Athenians you freed yourself to the Thirty from the charge concerning Phrynichus. For you can never persuade any man that, having killed Phrynichus, you would have been let off by the Thirty, unless you did great and incurable wrongs to the people of Athens. 76. If, therefore, he asserts that he killed Phrynichus, bear these things in mind and take vengeance for what he has done. But if he says he did not, ask him on what account he says he became an Athenian. If he can not show how, punish him because he acted as a juror and served in the assembly and accused many falsely, having his name enrolled as an Athenian.
77. I hear that he will allege in defense that he went to Phyle and came back from Phyle with the rest, and this is his strongest plea. This was the fact. He went to Phyle. And how could there be a greater wretch than he who, knowing that there were many at Phyle whom he himself had banished, dared to go there to them? 78. As soon as they saw him they seized him and took him to kill him at the same place where they put others to death, whenever they caught any robber or criminal. But Anytus, who was in command at Phyle, said that they must not do this, telling them they were not in a condition to take vengeance on some of their enemies, but must now keep the peace, and if they ever returned home then they would punish those who had done them injury. 79. Saying this, he became responsible for his escape at Phyle. And they were obliged to obey a general if they were to be saved. But more than this: no one would receive him as a messmate or be his tent companion, nor would the Taxiarch give him a place in his line, but as if he were accused no man would speak to him. And call the Taxiarch to me.
WITNESS.
80. When the agreement was made with each other and the citizens from Piraeus made a procession into the city, Aesinus was the leader of the soldiers, and this one so audacious also was there. Having taken arms he accompanied them and took his place in the procession with the citizens to the city. 81. When they reached the gates and halted before going into the city, Aesinus saw him and went to him and seized and flung down his shield and told him to go to the crows and leave the citizens. For he declared that a murderer should not proceed in the procession to Athens. Thus was he driven off by Aesinus. That I tell the truth, call up my witnesses.
WITNESSES.
82. This was the relation, gentlemen of the jury, in which he stood to the citizens at Phyle and the Piraeus. For no one spoke to him because he was a murderer, and Anytus is responsible for his now being alive. If, therefore, he alleges in defense that he was on the way to Phyle, he must answer whether Anytus was responsible for his not being killed when they were ready to punish him, and whether Aesinus took away his shield and would not let him join the citizens in the procession, and whether any Taxiarch enrolled him on his list.
83. Thus you should neither receive this excuse from him, nor let him say he is punished a long while after the crime. For I do not think there is any limited period for such an offense; but I do think if anybody is punished, either immediately or after a long time, he must show that he did not do the things of which he is accused. 84. Let him prove this: either that he did not kill these men, or that he did it justly as they did some wrong to the people of Athens. And if we punish him a long time after he should have been punished, he gains the time he has lived which did not belong to him, and the men were killed by him just the same.
85. But I understand that he lays great stress upon the fact that he was indicted and brought up as taken in the act. I think that is the most foolish thing of all. As if he would have been liable to arrest if it had not been added "taken in the act"! But as this has been added he thinks there will be some relief for him. But this is the same as allowing that he put the men to death but was not taken in the act; and he relies a great deal on this, as if he must be saved because he killed the men but was not taken in the act. 86. The Eleven who arrested him seem to me not to have thought they were than sharing in the same deeds with Agoratus, and believing that they were acting rightly, forced Dionysius to make the arrest, and then added "taken in the act." First, then, having informed against some in the presence of the five hundred in the senate, and then of the whole people of Athenians in the assembly, he slew some and became responsible for their death. 87. For he does not think this alone is "taken in the act," if any one struck a man with a club or sword and knocked him down, since by your argument no one appears to have slain the men whom you deposed. For no one either knocked them down or killed them, yet they were forced to death by your accusation. Therefore is he, who is the author of their death, not "taken in the very act"? For who else was the author, if not you who deposed them? So, then, in what way are you not their murderer, taken in the very act?
88. I understand that he will talk of oaths and agreements; that he is on trial in violation of the oaths and compacts which we in the Piraeus confirmed with those in the city. Accordingly, putting so much trust in these things, he confesses he is a murderer. So he puts something in the way, either oaths or compacts or "taken in the act," but he does not trust to the deed itself that he will come out of the trial successfully. 89. But it is not fitting for you, gentlemen of the jury, to accept his defense on these grounds. Bid him make his defense on these points: that he did not give in the names, or that the men were not put to death. Then I think the compacts and agreements have nothing to do with us in this case. For the oaths were made by those in the city to those in the Piraeus.