Chapter II: Part 2

13. You know now how I was transferred and fined; but you ought to know not only the reason for the charge, but the pretext for their enmity. For I was a friend of Sostratus before incurring their hatred, knowing that he had materially benefited the state. 14. But although his friend, I never took advantage of his power to punish an enemy nor aid a friend. For during his life I remained inactive through necessity and on account of my age, and when he died neither by word and deed did I injure any of his accusers, and I can say so much, from which I should deserve much more gratitude from my opponents than ill-treatment. Their enmity they showed for the reasons which have been given, although (in reality) they had no reason for enmity. 15. So while on oath to enroll those who had not served, they violated their oaths and proposed to the assembly to deliberate about my freedom, (16) fining me on the ground that I spoke evil of the government, and utterly disregarding justice, being bound to injure me on some plea or other. What would they have done if they were really going to injure me greatly and benefit themselves, they who care so little for their unfairness (even) when neither of these objects is accomplished? 17. For they had small opinion of your assembly and had no respect for the gods, but behaved so contemptuously and illegally as not to attempt to defend their acts, and at last, thinking they had not punished me sufficiently, finally banished me from the city. 18. While acting so illegally and violently, they did not care to conceal their unfairness, but bringing me up again on the same charges, though I have done no wrong, they accuse and revile me, bringing charges not at all corresponding to my habits, but which harmonize and accord with their own characters.

19. These men are then eager in every way for me to meet punishment; but do not, I beg you, be swayed by their slanders and condemn me, nor set aside those who came to a better and juster decision. For these have acted both in accord with custom and precedent, and evidently have done no wrong, caring most for justice. 20. So if these (_the prosecutors_) act illegally, I would be somewhat disturbed, considering it is established to treat enemies ill and friends well; but if I did not meet fair treatment at your hands, I should be much more troubled. For then I should not seem to have been ill-treated through private enmity, but through the viciousness of the state. 21. Nominally I am contending about the writ, but actually about my citizenship. For with fair treatment I would remain in the city (for I trust to your decision); but if, being brought up by these men, I should be unjustly convicted, I should have to leave the city. What hope would I have to buoy me up in living with you, or why should I intend (to do so), knowing the desire of my accusers, and not knowing at whose hands to expect justice? Care then more for justice (than for anything else) and bear in mind that you grant pardon about charges evidently unjust, and do not allow those who have committed no wrong to meet through individual malice the most unfair treatment.

ORATION X.

THEOMNESTUS.

1. I think, gentlemen of the jury, that I shall have no lack of witnesses, for I see many of you sitting on the jury who were present when Lysithous was impeaching Theomnestus for speaking in the Assembly when it was illegal, as he had thrown away his shield. In that trial he said I had killed my father. 2. Now if he had claimed I had killed his father, I should have overlooked his words, (for I thought him of no account and insignificant), (3) but now it seems a disgrace not to punish, a man who said this in relation to my father, who benefited you and the state so signally. And now I wish to know from you whether he shall pay the penalty, or whether he alone of the Athenians is allowed to act and speak illegally just as he pleases.

4. This is my thirty-third year, gentlemen of the jury, and the twentieth since the restoration (of the Democracy). So I was clearly thirteen years old when my father died at the hands of the Thirty. At that age I neither understood what an oligarchy was, nor could I have helped my father under his unjust treatment. 5. And I could not have had reason to plot against him for the sake of the money, for my elder brother Pantaleon took everything and as guardian took our patrimony, so that on many accounts, gentlemen of the jury, it was for my interest to desire my father's life. So it is necessary to call these facts to your minds, and I shall need but few words; you know well enough that I speak the truth. And nevertheless I will furnish evidence for these facts.

EVIDENCE.

6. Now probably, gentlemen of the jury, he will make no denial of these facts, but will say before you, as he dared to affirm before the arbiter, that one does not use a forbidden word in saying some one has "killed" his father, for the law does not forbid this, but forbids the use of the word "homicide." 7. But I think that you should make your decision not about the letter of the law, but its intention. You all know that those who kill others are homicides, and those who are homicides kill others. For it would be a great task for a lawgiver to write all the words having the same signification, but in mentioning one term, his meaning covers all. 8. This is the case then, is it not, Theomnestus,--if any one called you a beater of father or mother, you would think he should be punished, but if any one said you beat your father or mother, you would then think he should go unfined as saying no forbidden word! 9. For I should like to hear from you (for in this you are skilled in practice and speech). If any one should say you "flung away" your shield, and in the law was written that a man was liable to punishment if any one declares he "threw it away," would you not have prosecuted him, and would it have been enough for you to say if some one declared you "flung it away," I do not care, for _flinging_ and _throwing_ are not the same thing. 10. Now could you admit the charge as one of the Eleven, if some one brought in a man on the charge of having stripped off his cloak or shirt but you would have discharged him because he was not called a "clothesstealer." And if any one should be caught carrying off a boy, you would not say he was a kidnapper, if you quibble with terms, and will not pay attention to the facts to express which terms are invented. 11. Consider this now, gentlemen of the jury. For this man seems never to have gone to the Areopagus through indolence and indifference. For you all know that there, whenever they are conducting a trial for murder, they do not make their depositions with this term, but with that by which I have been abused. For the prosecutor makes a deposition that "he killed," the defendant that "he did not kill." 12. Accordingly it would be absurd to acquit the one who evidently committed murder because he pleads he is a murderer, when the prosecutor charges the defendant of "killing." For what is the difference of which this man speaks? And you yourself brought suit against Theon for saying you "flung away" your shield. Nothing is said in the law about "flinging," but if any one declared he has "thrown away" his shield, it decrees a fine of 500 drachmae. 13. Would it not be terrible if whenever it were necessary for you to punish your enemies for slander, for you to interpret the laws as I do now, but whenever you speak illegally of another, to think you ought not to be punished? Are you so powerful as to be able to employ the laws as you wish, or have you such influence as to believe that those whom you wrong will not get a recompense? 14. Are you not ashamed to have the thought that you should claim advantages, not from your services to the state, but from your unpunished deeds? But read me the law.

LAW.

15. I now, gentlemen of the jury, assume that you all know that I speak to the point, but he is so clumsy that he cannot understand what is said. So I wish to inform him also from other laws about these things, that even now while he is on the platform, he may be informed and may give you no further trouble. Now read me the old laws of Solon.

16. _Law. Let him be bound, in the stocks by the feet, if the court decrees it in addition._

The "stocks," Theomnestus, is the same thing which is now called the "pillory." If then a man who has been bound should on his release complain when the Eleven were undergoing their audit that he had not been bound in stocks but in the pillory, would they not think him crazy? Read another law.

17. _Law. Let him give security, having sworn by Apollo, fearing to escape on account of the penalty._

The (old-fashioned) "swearing falsely" now means "swearing by," and "running off" is our "escape."

_And whoever shuts a door with a thief inside._

The "close" is our "shut" and means the same.

18. _Money may be at interest at whatever rate the lender wishes._

The "interest," my good friend, is not "weighed," but draws whatever percent is wished. Read now the last law.

19. _As many as go about in plain view,_ and _He shall be responsible for injury to a domestic or female slave._

Now attend. The "in plain view" is "openly," the "go about" is "walk the streets," the "domestic" is "servant." And there are many other such cases, gentlemen of the jury. 20. And unless this man is stupid, I think he understands that these matters are the same now as in antiquity, but that we now employ different terms for them. And he will show (his consciousness), for he will withdraw from the platform in silence. 21. And if he does not, I beg you, gentlemen of the jury, to vote what is just, bearing in mind that it is a much greater evil to hear that one has killed his father than to hear that he has thrown away his shield. I at least would rather have thrown away all my shields, rather than to have such a report (circulated) in relation to my father. 22. So this man, being liable to that charge, for which the penalty would have been less (than mine for this), not only was acquitted by you, but brought disfranchisement upon a witness. And I have seen him doing that which you know of, and I myself rescued his shield and yet am charged with a deed so lawless and terrible. Now as I shall have the worst fate if he escapes, and his penalty if convicted of slander will not be what he deserves, shall I not obtain satisfaction from him? What charge have you against me? 23. That there was justice in his accusation? But you yourselves would not say so. That the defendant is a nobler man and from nobler family than I? Not even he would claim that. That, having thrown away my shield, I am accused of libel by the one who rescued it? Such is not the story about town. 24. But remember that you rendered him that great favor. In this matter who would not pity Dionysius that he met with such misfortune, a noble man who fell into danger, coming from the dicastery, saying (25) that we had made a most unfortunate expedition, where many lost their lives and others who saved their shields were convicted of perjury by those who threw theirs away? Were it not better for him to have died there rather than to come home to such a fate? 26. So do not pity Theomnestus that he is ill-spoken of as he deserves, and do not give judgment in his favor while he insults (me) and speaks illegally. For what greater sorrow could befall me than this, to hear such base charges in relation to such a father? 27. He often served as Strategus, and ran many other risks for you. And he was never made prisoner by the enemy, nor lost a suit to the state through his audit, and at sixty years of age he was put to death under the oligarchy through his devotion to the people. 28. Am I not justified in my anger against the slanderer, and in coming to my father's rescue as if he were slandered by this charge? For what could be more distressing to him than this, to die at the hands of enemies and to have the reproach of having been put to death by his own children. His trophies of valor, gentlemen of the jury, even now hang on your shrines, but the trophies of the cowardice of this man (_Theon_) and his father are in an enemy's temple, so inborn is their baseness. 29. And so, gentlemen of the jury, the more these are brave to all appearances, the more they deserve our anger, for they are evidently strong in body, but weak in spirit.

30. I hear, gentlemen of the jury, that he will resort to the argument that he spoke in anger as I offered the same testimony as Dionysius. Bear in mind, gentlemen of the jury, that the law gives no pardon to anger, but fines one who cannot prove the truth of his words. And I twice gave evidence, not realizing that you punish witnesses and pardon those who throw away their shields. 31. So about these things I do not know what more I ought to say. But I beg you to condemn Theon, bearing in mind that no trial could be more important to me. For I prosecute him for slander and by the same vote I am acquitted of the murder of my father, I, who by myself, as soon as I came of age, indicted the Thirty in the Areopagus. Recalling this, aid me and my father, and (stand by) the laws and the oaths which you have taken.

ORATION XII.

ERATOSTHENES.

1. It does not seem to me difficult to begin the accusation, jurors, but to cease speaking; things so important, and so many in number, have been done by them, that neither by lying could I make the accusation worse than it really is, nor, if I were willing, should I be able to tell the whole truth; but it is necessary either for the accuser to grow weary, or for time to fail. 2. But I think my experience will be just the opposite of what (it has been) formerly. For formerly it was necessary for the accusers to show the enmity which they had toward the accused; but now it is necessary to ask from the accused what enmity they had toward the state, on account of which they venture to do such wrongs to it. But I do not use these words as if not having private enmities and misfortunes, but as if there were plenty of reason for all to be angry, on account of their private and public affairs. 3. In my own case, jurors, having never pleaded either my own cause or that of others, I now have been compelled by what has taken place, to accuse this man, so that I often have felt the greatest despondency, lest, on account of my inexperience, I should make the accusation, for my brother and myself, unworthily and unskillfully; still, I will endeavor to run over the facts as briefly as I can.

4. My father, Cephalus, was persuaded by Pericles to come to this land, and lived there thirty years; and neither we nor he ever brought an accusation against anybody, or were accused ourselves; but we lived in such a manner under the Democracy, that we neither wronged others nor were wronged by others. 5. But when the Thirty, being villains and sycophants, were established in power, affirming that it was necessary to rid the city of those doing wrong, and turn the remaining citizens to virtue and justice,--though making such professions, they did not venture to do such things, as I, speaking first in my own behalf, and in behalf of you, shall try to remind you. 6. For Theognis and Piso said, among the Thirty, in regard to the metics, that there were some dissatisfied with the form of government; therefore there was a very good pretext to seem to punish them, but in reality to get their money, for the city was poor in every respect, and the government needed money. 7. And they had no difficulty in persuading their hearers, for they thought it of no account to kill men, but to take their money they considered of the utmost importance. Therefore they decided to arrest ten, and, of these, two poor men, in older that they might have a defense, in respect to the others, that these things were not done for the sake of money, but in the interest of the state, as if doing something reasonably. 8. Accordingly they distributed the houses and went to them. They found me entertaining guests, whom they drove out, and then gave me up to Piso, and others, going to the workshop, took an inventory of the slaves. And I asked Piso if he was willing to save me, taking a bribe; and he said he would, if there was much of it. 9. Therefore I said that I was ready to give him a talent of silver, and he agreed to do it. I knew that he regarded neither gods nor men; still, in view of the existing state of affairs, it seemed to me to be absolutely necessary to take a pledge from him. 10. And when he swore, imprecating destruction upon himself and children, that he would save me, on condition of receiving a talent, I went to my chamber and opened the chest. Piso seeing this came in, and, seeing what was therein, called two of his servants, and commanded them to take what was in the chest. 11. But as he did not confine himself to the sum agreed upon, jurors, but took three talents of silver, four hundred cyziceni, a hundred darics, and four bowls of silver, I besought him to give me my traveling expenses; whereupon he told me to rejoice if I saved my life. 12. Melobius and Mnesitheides, returning from the workshop, met Piso and myself, coming out (of the house). They overtook us at the very doors, and asked us where we were going; he said to my brother's (house), to see what was in that house; then they told him to go on, but bade me accompany them to Damnippus. 13. And Piso, approaching me, told me to keep silence, and be of good cheer, as he would come there; and we found Theognis there, guarding the others; having given me up to him, they went back; and, under such circumstances, it seemed best to me to run any risk whatever, as if death were already at hand. 14. So, having called Damnippus, I spoke to him as follows: "You happen to be a friend of mine, and I have come to your house; I have done no wrong, but I am about to be put to death on account of my property; do you, therefore, in consideration of my wretched plight, kindly use your influence in my behalf to secure my safety." And he promised to do it. But it seemed better to him to mention it to Theognis, for he thought that he would do anything, if one should give him money. 15. And, while he was conversing with Theognis (as I happened to be acquainted with the house, and knew that there were two doors), it seemed best to me to try to save myself, thinking that, if I should escape detection, I should be safe, but, if I should be taken, I thought that, if Theognis should be persuaded by Damnippus to receive a bribe, I should get off nevertheless, but otherwise I should die all the same. 16. Having thought of these things, I fled while they were stationing a guard at the hall-door, and of the three doors through which I must pass, all happened to be open; then, coming to the (house) of Archeneus, the shipmaster, I sent him to the town to learn about my brother; and he came, and said that Eratosthenes had seized him in the road and led him off to prison, (17) and I, having learned these things, on the following night sailed to Megara. And the Thirty gave the command to Polemarchus, made customary by them, to drink hemlock, before telling the accusation, on account of which he was about to die, so far he failed of trial, and making his defense. 18. And when he was carried out the prison-house dead, although we had three houses, they permitted him to be carried out from neither of them; but, having hired a bier, they laid him out. And, although there was much clothing, they gave none to us, when we asked it for his burial, but of his friends, one gave a garment, another a pillow, and what each one happened to have, he gave for his burial. 19. And although we had seven hundred shields belonging to us, together with gold, silver, brass, ornaments, furniture and women's clothing to an amount far beyond their expectations, besides a hundred and twenty slaves, of whom they took the best, and threw the rest into prison, they reached such a pitch of insatiable desire and avarice, that they showed their character; for from the ears of the wife of Polemarchus, Melobius took the golden earrings which she happened to be wearing, as soon as he came into the house. 20. And not in the least part of our property did we receive compassion from them; but they so wronged us, on account of our property, as others would in anger for great wrongs, though we did not deserve these things from the city, but we had paid the expenses of all the choruses, and many taxes, and showed ourselves orderly, and did everything ordered, and had no private enemy, but freed many of the Athenians from their enemies. Such things they thought we deserved, although as metics we had conducted ourselves better than those who are citizens. 21. For they drove out many of the citizens to their enemies, and, killing many unjustly, left them unburied; and many who enjoyed the full rights of citizenship in this city, they deprived of them; and they prevented the daughters of many from being married. 22. And now they have become so audacious, that they come here to defend themselves, declaring that they have done nothing wrong or disgraceful; and I wish that they spoke the truth, for not the least share in this good would come to me. 23. But now they have no such pleas either before the city or me, for, as I said before, Eratosthenes killed my brother, not having been wronged by him privately, or seeing him injuring the city, but zealously assisting his own transgression of the law.

24. And having come up here, I wish, to question him, jurors, for this is my opinion; with a view to this man's advantage, I think it impious to converse even with another about him; but to his injury I consider it to be holy and honorable to speak even to himself; therefore rise up, and answer me what I ask you. 25. Did you lead away Polemarchus, or not? "Through fear I did what was commanded by the Thirty." Were you in the council chamber when speeches were made about us? "I was." Did you agree with those advising to kill, or did you oppose? "I opposed." That we might not be killed? "That you might not be killed." Thinking that we would suffer unjustly or justly? "Unjustly." 26. Then, O basest of all men! did you oppose, in order to save us, but arrest us, in order to kill us? And, when the majority of you had our safety in your hands, do you say you opposed those wishing to destroy us, but, when it was in your power alone both to save Polemarchus and not, did you lead him away to prison? Then because, as you say, by opposing you did no good, do you claim to be considered an honest man? But, because you arrested and tried to kill us, do you not think that you should suffer punishment for this?

27. And, moreover, it is not reasonable to believe him in this (if he speaks the truth in saying that he opposed), that it was commanded him. For surely, in the case of the metics, they did not take a pledge from him. To whom then was it less likely to be commanded than (to one) who happened to oppose them, and declared his opinion? For who was less likely to be a servant in these things than the man who opposed what they wished to be done? 28. And still it seems to me that there is a sufficient excuse for the other Athenians, to lay the blame of what has happened upon the Thirty. But how is it reasonable for you to accept the statements of the Thirty themselves, if they throw the blame on each other? 29. For, if there had been in the city any greater power than that by which he was ordered to kill men unjustly, you might justly pardon him; but now from whom will you ever exact punishment if it shall be possible for the Thirty to say that they did what was commanded by the Thirty? 30. And while it was possible to save him and abide by the commands of the Thirty, he arrested him, not in his house, but in the street, and led him off. And you are all angry with as many as came into your houses making a search for you or for anything of yours. 31. But, if it was necessary to pardon those who have killed others for their own safety, you would more justly pardon these, for it was dangerous for those who were sent not to go, and if caught to deny it. But it was possible for Eratosthenes to say, first, that he did not meet him; secondly, that he did not see him; for these things had neither proof nor trial, so that they would not have been investigated, even by those wishing to be enemies. 32. But you ought, Eratosthenes, if you had been an honest man, far rather to have informed those about to be put to death unjustly, than to arrest those about to perish unjustly; but now your acts have been evident as those not of one troubled, but of one pleased with what has taken place. 33. So that it is necessary for the jury to give their decision from facts rather than from words, taking as proofs of the things then said, what they know to have happened, since it is not possible to furnish witnesses about these things; for it was not only impossible for us to be present, but in our homes, so that it is in the power of those who have done it for their own safety! 34. I do not, however, shrink from the issue, but rather confess to you that I am utterly opposed (to their statements). Indeed, I wonder what in Heaven's name you would have done if in harmony with the Thirty, since when opposing them you killed Polemarchus. Come now, what would you do if you happened to be brother or son of his? Would you acquit him? For Eratosthenes, jurors, must show one of two things, either that he did not lead him away, or that he did this justly; but he has confessed that he arrested him unjustly, so that he has made your decision about him easy. 35. And now many, both of the citizens and of the strangers, have come to learn your opinion about these things, some of whom, being your own citizens, will go away having learned either that they will suffer punishment for the crimes they shall commit, or, having done what they desire, will become tyrants of the city, but, failing, will be on equal terms with you; but the foreigners in the city will know whether they banished the Thirty from their city justly or unjustly, for, if the very men who have suffered ill, shall acquit those whom they arrested, truly they will think that they themselves have been over-zealous in taking vengeance in your behalf. 36. Is it not then a hard thing if you punished by death the generals who conquered in the naval battle because they said they were not able to rescue their companions from the sea on account of the storm, thinking it was necessary to exact punishment from them on account of the valor of the dead, but these, who, as private citizens, did all in their power to be defeated in the naval battle, and, when they were established in power, confessed that they willingly put to death many of the citizens without a trial,--is it not necessary that both they themselves and their children should be punished by you with the most extreme punishments?

37. I then, jurors, think that sufficient accusation has been made, for I think it is necessary to carry the accusation up to this point until the accused shall appear to have done things worthy of death; for this is the most extreme punishment we can inflict upon them, so that I do not know what need there is to make many accusations against men who would not be able to give satisfaction for each of their offenses even by dying twice. 38. For it is not fitting for him to do that which is customary in this city, to make no defense against the accusations but, speaking much of themselves, they sometimes deceive, showing to you how good soldiers they are, or how many ships of the enemy they took when in command of triremes, or how many cities which were hostile they made friendly. 39. For command him to show where he killed as many of the enemy as of the citizens, or where he took as many ships as they themselves betrayed, or what city they acquired so great as this one of ours which they enslaved. 40. For did they take as many arms from the enemy as they have taken from you? Did they take such walls as those of their own country which they dismantled? Who took away the garrisons about Attica, and made it plain to you that they did not dismantle the Piraeus because the Lacedaemonians commanded it, but because they thought that thus their own power would be firmer?

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.