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.

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.

90. Now if he was of the city party and we of the Piraeus, the oaths would have some argument for him. But the truth is, he is of the Piraeus party and Dionysius and I and all the rest of those who are taking vengeance on him, so that there is nothing at all in our way. For those in the Piraeus made no oaths with those in the Piraeus.

91. By all means this man seems to me to deserve not merely one death; this man who says (he was adopted by) the people, and seems to have treated badly the people whom he calls his father, and neglected and betrayed those by whom he might have become better and more powerful. One, therefore, who is found to have maltreated his father and not to have furnished him with the necessities of life, and to have taken away from his adopted father the property he had, does not he on this account, by the law of maltreatment, deserve to be put to death?

92. It is the duty of all of you, gentlemen of the jury, just as of each one of us, to take vengeance on behalf of these men. For when they died they left this charge to you and to us, and to all others, to punish on their behalf this Agoratus, their murderer, and to injure him as much as each one could. If these men ever did any good to the state or to the people—and you yourselves admit that they did—it is the duty of all of you to be their friends and relatives, so they made this request no more of us than of each one of you. 93. Accordingly it is right, neither by divine nor human law, for you to let this man go. Therefore do you now, Athenians, take vengeance on this man, their murderer, since you can do so, as at the time the men died you were not able to aid them on account of the circumstances which surrounded you. Remember, Athenians, that you are not doing the cruelest act of all. But if you acquit this Agoratus you are not only doing this, but also, by the same vote, you sanction the death of those men whom you admit to have been well disposed to you. 94. By acquitting the man who is the author of their death, you are deciding that they were justly put to death. They would feel most terribly if those to whom they had entrusted the task of revenge, as being their friends, should cast the same vote as the Thirty on these men. 95. By the gods, gentlemen of the jury, do not in any way, or by any act or contrivance whatever, vote to sanction the death of these men who were killed by the Thirty and this Agoratus for having done many good things for you. Remembering all the evils, both those in common with the state and those in a private way, as many as each endured when these men met their death, take vengeance on the author of these things. It has been clearly proved from the votes and testimony and everything else, that Agoratus was the cause of their death. 96. Besides, it is your duty to vote in opposition to the Thirty. Acquit those whom they condemned. Condemn those whom they acquitted. The Thirty decreed death for those men who were your friends whom you must acquit. They acquitted Agoratus since he seemed to destroy those zealously; him you should condemn. 97. If you vote in opposition to the Thirty, in the first place, you will not be their accomplices; then again you will have avenged your own friends; finally, you will seem to have voted in accordance with divine and human laws.



ORATION XIV.

ALCIBIADES.

1. I presume, gentlemen of the jury, that you need to hear no reason from those who wish to prosecute Alcibiades, for from the start he so conducted himself in the public that it is every one's duty, even if he happen not to be privately injured by him, to consider him an enemy from his other actions. 2. For his sins were not trivial, nor do they deserve pardon, nor offer any hope of his becoming better in future, but his deeds have come to such a pitch of evil, his enemies are ashamed of those deeds in which he glories. As for a long time, ever since a dispute arose between our fathers, I have considered him my enemy, and now again since he has treated me wrongly, I, gentlemen of the jury, will try to punish him by your aid for all which he has done. 3. Archestratides has arraigned him sufficiently about other matters, for he declared the laws and brought evidence; but what he omitted, I will go over point by point with you.

4. Now it is reasonable, gentlemen of the jury, for those who serve as jurors in regard to these subjects for the first time since we made peace to be not only jurors but lawgivers, knowing well that, as you decide about these matters now, the city will manage in future. And it seems to me to be the part of a good citizen and impartial juror to define the laws as is most likely to benefit the state in future. 5. For some go so far as to say that no one is liable (to a charge) of desertion or cowardice; for there has been no battle and the law bids the soldiers to try "any one who goes to the rear through cowardice while the others are fighting." And the law does not provide for this case alone, but "whoever is not in the ranks." Now read the law.

LAW.

6. You hear, gentlemen of the jury, that there are two provisions, for those who go to the rear during a battle, and those who fail to appear in the ranks. Now consider who ought to appear. Are they not those of military age? And those whom the Strategi enroll? 7. And I think, gentlemen of the jury, that he alone of the citizens is liable by the whole law. For he would be convicted of not being in the ranks, as when he was enrolled as a hoplite he did not go out with you in camp, and he did not let himself be placed in ranks,—and of cowardice, for although he ought to have met danger with the hoplites, he chose to go with the cavalry. 8. But they say he will offer this defense, that in going with the cavalry, he did no harm to the state. But I consider you have just cause of anger against him on this account, that although the law imposes a fine on any one in the cavalry who is not examined, he dared to enter the cavalry without examination. Now read the law.

LAW.

9. He reached such a degree of depravity, and he had so little respect for you and so much fear of the enemy, and he had so great a wish to join the cavalry and cared so little for the laws that he disregarded the risk, and was willed to be fined and have his property confiscated and be liable to all these existing penalties, rather than to take up his position in the ranks with the citizens and be a hoplite. 10. And others who never served in the infantry and who were formerly in the cavalry and did great damage to the enemy never dared mount their horses through fear of you and the law; for they laid their plans, not as if the state would perish, but would be secure and prosperous, and would exact punishment of wrong-doers. But Alcibiades dared mount, neither through goodwill to the state, nor because he had been a knight, nor understanding (cavalry drill), nor having passed your examinations, (supposing) that the state would be unable to exact penalty of offenders.

11. It is necessary to remember that, if it is possible to do whatever one wishes, there is no use in having laws, nor for you to be impaneled, nor for Strategi to be chosen. And I wonder, gentlemen of the jury, if any one claims if a man, enrolled in the first rank, on the approach of the enemy, is found in the second, that he should be condemned for cowardice, but that if one, enrolled among the hoplites, appears among the cavalry, he should be pardoned. 12. Now, gentlemen of the jury, I think you are drawn, not only for punishing offenders, but that you may make other offenders more discreet. If now you punish, only obscure persons, no one will become better, for none will know whom you have condemned; but if you punish conspicuous offenders, all will hear of it, and in consequence of their examples the citizens will become better. 13. If now you condemn this fellow, not only will those in the city hear of it, but your allies and enemies will learn of it, and they will more highly esteem the state, if they see you are aroused against such offenses, and that those who offend against discipline in war have no pardon. 14. Remember too, gentlemen of the jury, that there are some soldiers who chance to be exhausted, and some who lack resources, and some who would gladly serve (if they could) remain in towns, and others who wish to look out for their own affairs at home, others who would have liked to serve as light-armed soldiers and others in the cavalry; (15) and yet you do not venture to leave the ranks nor choose what pleases yourselves, but you fear the laws of the state more than the risk before the enemy. Bearing these things in mind, it is now necessary to cast your vote, and make it evident to all, that those Athenians who are unwilling to fight with the enemy will be punished by you.

16. I am convinced, gentlemen of the jury, that the defendants will have nothing to say about the laws or the deed itself; but they will get up and ask and entreat you, demanding that you should not condemn the cowardice of the son of Alcibiades on the ground that he did great good and not much harm; for (in reality) if you had put him to death at the same age (that his son now is), when you first discovered his offenses against you, such misfortunes had never befallen the state. 17. It seems to me, gentlemen of the jury, a dreadful thing for you to have passed sentence of death upon the father, and when the son commits a crime, you acquit him for this very reason, that he himself did not dare to fight on your side, and that his father took part with the enemy. And when as a child he did not yet show what he was going to be, he was almost delivered to the Eleven for his father's offenses; and as you know not only the deeds of the father, but the son's cowardice, will you think it right to pity him for his father's sake? 18. Is it not terrible, gentlemen of the jury, that these are so fortunate as to be acquitted on account of their noble birth when they are caught in crime, while we, if we lose by their lawlessness, could not gain any concession from the enemy on account of the valiant deeds of our ancestors? 19. These were many and important, and (were done) for all Greece, and were not at all like theirs in relation to the state. And if they think they are noble for aiding their friends, they are evidently all the better for punishing their enemies. 20. And I think, gentlemen of the jury, one ought to be angry if his relatives try to beg him off, that they did not (rather) induce him, or if they tried to induce him, but could not obtain their end, to comply with the demands of the state. In fact, they are trying to persuade you that you need not exact a penalty from wrong-doers. 21. And if some of those in authority aid him, making a display of their power and pluming themselves that they can get off even those who are evidently criminal, you must suppose in the first place that if all were like Alcibiades there would be no need of generals, for there would be none to lead, and secondly, that it is far more for their interests to accuse those who leave the ranks than to make a defense for such. For what hope is there that others would wish to obey their generals' commands, when these very men try to screen offenders against discipline? 22. I beg you then to acquit him, if those who speak and make claims for Alcibiades proved that he served with the hoplites or with the cavalry after an examination; but if, without a just plea, they demand you to favor them, you are to remember that they are teaching you to break your oath, and disobey the laws, and that by too great zeal for offenders they make many desirous (of emulating) their deeds.

23. And I especially wonder, gentlemen of the jury, if any of you shall claim that Alcibiades be acquitted through his friend and not be condemned for his own baseness. It is right that you should hear of this (conduct), that you may know that you would not do right to acquit him on the plea that he has merely committed this wrong, but in other respects has been an exemplary citizen. For from other deeds of his you would justly condemn him to death. 24. It is for your interest to know about these things, for when you allow defendants to speak of their own good deeds, and the noble actions of their ancestors, you ought also to listen to the accusers, if they prove that the defendants have committed many crimes against you, and their ancestors did much harm. 25. For this man, when a youth, at the house of Archedemus the blear-eyed, who had stolen much of your money, while many eyes were upon him, drank, lying at full length under the same rug, and caroused at midday, having a mistress while a mere boy, imitating his ancestors, and thinking he could not be an illustrious man, unless he were a wild youth. 26. He was summoned by Alcibiades when his conduct became notorious. And what sort of a fellow should you think him, when he shocked that man who used to teach others such practices! Having conspired with Theotimus against his father, he betrayed Oreus to him. And Theotimus, taking the fortified place, first maltreated the youth and finally bound him and exacted a ransom for him. 27. And his father hated him so that he used to say he would not even care for his body if he died. And when his father died, Archebiades, a favorite of his, ransomed him. Not long after, having gambled away his property, setting sail from Leuke Akte he tried to drown his friends. 28. It would be a long story, gentlemen of the jury, to tell all his crimes against the state, his relatives, friends and others; but Hipponicus, having called many to witness, divorced his own wife, declaring that Alcibiades entered her house not as brother but as husband. 29. And though he has committed such crimes and done such horrible things, he neither repents of what he has done nor cares for what he will do, but he who should be a most illustrious citizen, making his life a shield for his father's misdeeds, tries to bring insult upon others, as if being able to transfer to others the smallest share of the disgraces which belong to himself, (30) and that too being a son of that Alcibiades who persuaded the Spartans to fortify Decelea, and sailed off to the islands, and incited many in the city to crime, and oftener fought against his country with its enemies than with his fellow-citizens against them. For all this, it is for the interest of yourselves and posterity to punish any one you find of this family. 31. He has been accustomed to say it was not right for his father to return from exile and be favored by the state, and (yet) that he should suffer unjustly in reputation on account of his father's exile. But it seems wrong, if you take away his privileges on the ground that you gave (them) without just reason, and when this one commits a wrong acquit him on the ground that his father was an ornament to the state. 32. And there are many other reasons, gentlemen of the jury, for you to condemn him, and for this reason especially, that he quotes as a precedent in support of his own baseness your acts of valor. For he dares say that Alcibiades did nothing so terrible in leading war against his country. 33. For while you were in exile you took Phyle and cut the trees and 'made assaults upon the walls, and though so doing left no reproach for your descendants, but gained honor from all men, as if those were on a par who in exile joined with the enemy against the country, and those who established themselves when the Spartans were in possession of the city. 34. I believe it is clear to all that these fellows sought to establish themselves; but you returned and expelled the enemy and freed even those citizens who wished to be slaves. So he uses like words about the two parties while the facts were not at all similar. 35. And yet, with such great misfortune coming upon him, he glories in his father's baseness, and said that he had great power, to bring evil upon the state. But who is so ignorant of his country as not to be able, if he wishes to be a traitor, to tell the enemy what fortified places to seize, to show what forts are ill-guarded, to teach them his country's weak points, and to declare which allies are ready to revolt? 36. Surely it was not through his power in exile he was able to work evil to the state when he returned deceiving you, and took command of many triremes, but was able neither to dislodge the enemy from the country nor make the Chians friendly again whom he had caused to revolt, nor do a particle of good to you. 37. So it is not difficult to realize that Alcibiades did not differ from other men in power, but was first of the citizens in villainy. Whatever he knew to be your weak points, he informed the Spartans, and when he had to act as general, he could do them no harm, but promising that the king would furnish money at his request, he took more than two hundred talents from the city. 38. And so he realized that he had done you much harm, and though being able to speak, and while he had friends, and having acquired the money, he never dared return and render his accounts, but exiling himself preferred to be a citizen of Thrace or of any other city rather than his own. And finally, gentlemen of the jury, to cap all his former baseness, he dared with Adeimantus to betray the ships to Lysander. 39. So if any one of you pities those who perished in the naval battle, or feels disgrace on account of those enslaved by the enemy, or is angry at the demolishment of the walls, or hates the Spartans, or is angry at the Thirty, he should consider that this man's father was the cause of all this, and remember that Alcibiades, his great-grandfather, and his great-great-grandfather on his mother's side were ostracized twice by your ancestors, and that the older men among you condemned his father to death; so you must consider him as an hereditary enemy of the state and as such condemn him, and care less for pitying and pardoning him than for the existing laws and the oaths which you have sworn. 41. But you must consider, gentlemen of the jury, on what ground you should spare such men. Is it on the ground that in relation to the state they have been unfortunate, but otherwise have lived with moderation and in an orderly fashion? Have they not been unchaste, and lived with their sisters, and some have had children by their daughters, (42) others have performed the mysteries, mutilated the Hermae, been impious before the gods, wronged the state, have lived without regard to justice or law in relation to others or to their fellow-citizens, have refrained from no deed of daring, nor left untried any crime? They have experienced and done everything. For such is their disposition as to be ashamed of good deeds, and to glory in crime. 43. Now it is true, gentlemen of the jury, that before now you have acquitted some, although knowing they were in the wrong, believing that in the future they would be useful to you. But what hope is there that the state will be benefited by this fellow, whom you will know to be worthless as soon as he begins his defense, and understand to be a coward from the rest of his disposition. 44. If he were banished, he could not work you any evil, being a coward and poor and unable to effect anything, at variance with his kinsmen and hated by other men. So for this reason he should not be cared for, (45) but much rather should he furnish an example to other men, especially to his associates, who are not willing to obey commands and desire such a course of action as his, and while mismanaging their own affairs attempt to dictate about yours.

46. I have made my accusation as best I could, and I know that there are some of my audience who wonder how I was able to ferret out so accurately their misdeeds, while the defendant is laughing to himself because I have mentioned (only) the smallest part of their sins. 47. So taking into account what has been omitted as well as what has been said, condemn him by your votes, remembering that he is liable to the charge, and that the state would gain much if relieved of such citizens. Read now to them the laws and the oaths and the writ, and with these in mind they will vote justly.



ORATION XVI.

MANTITHEUS.

1. If I did not know, members of the Boule, that my accusers wished to injure me in every way, I should have felt grateful to them for bringing this charge. For I think to men slandered unjustly these charges are of great benefit, as they compel them to exhibit their mode of life. 2. I feel so sure of myself that I hope, if any one here entertains feelings of dislike toward me, he will, having heard what I have to say of the facts, think better of it and be in all after-time a good friend to me. 3. I make no claim, members of the Boule, to do anything more than show you that I am well disposed to the existing constitution and that I shared the same dangers that you did. If I make plain to you that I have lived well, contrary to common report and the assertions of my enemies, I want you to pass me and count them bad. First, I will show that I did not serve in the cavalry, that I was not in Athens at the time of the Thirty, and that I took no part in the government of that time.

4. My father sent me before the disaster on the Hellespont, to live at the court of Salyrus, king of Bosphorus, and I was not at home, either while the walls were being taken down, or the constitution was undergoing change, but returned five days before the party of Phyle occupied the Piraeus. 5. It is not likely that, arriving at such a time, I was desirous of sharing other people's dangers, and they evidently did not have any idea of sharing the management of the government with those who were away from home and not guilty of disloyalty, but rather disenfranchised even those who helped them to abolish the democracy. 6. And in the next place it is foolish to estimate the cavalry from the register. For there are many persons on this list who admit that they did mot serve in the cavalry, and some are written there who were away from home. Here is the strongest proof. For when you returned you voted that the phylarchs should give in a return of those serving in the cavalry that you might recover the allowances. 7. No one can show that my name was handed in by phylarchs, nor given to the revenue commissioners as having received an allowance. So it is plain to all that it was necessary for the phylarchs, if they did not give in the names of those having received the allowance, to be losers themselves. So you ought to put much more trust in the returns of these men than you do in the register. 8. Yet, members of the Boule, if I had served in the cavalry, I should not have denied it as if I had been guilty of a terrible crime, but should claim, if I proved I had done no one of the citizens any wrong, that I ought to be passed. I see that, following this plan, many who served in the cavalry at that time are in the Boule, and many have been appointed generals, and many commanders of cavalry. Believe, then, that I make this defense for no other reason than that they have dared lie about me before the whole world. Come and give evidence.

EVIDENCE.

9. I do not know that I need say anything further about the charges. I believe in cases of another sort it is only necessary to make a defense by refuting accusations, but in trials concerning examination, to offer to give an account of one's entire life. I wish you to listen to me fairly. I will make the account as short as I can.

10. In the first place, though I was left little money by my father, both on account of his misfortunes and the calamity that befell the city, yet I married off my two sisters, giving them thirty minae as a dowry; and I so divided the property between myself and my brother that he admits that he had more than his share. And in all other relations of my life I have so behaved that no one ever brought an indictment against me. 11. I think the greatest proof of the blamelessness of my public life is that all the young men who habitually spend their time with dice, or in drink, or excesses of this sort, are my enemies; and it is just they who get up and circulate such stories about me. If I and they had the same tastes, it is plain that they would have had no such opinion of me. 12. No one can prove that I have had a private suit, a public suit, or was ever impeached before the Boule. But you see other men often engaged in such cases. Last of all, see how well I served the state in the army and in the expeditions against the enemy. 13. For first, when you made the alliance against the Boeotians, and it was necessary to send assistance to Haliartus, I was put in the list of the cavalry by Orthoboulus; but seeing that all thought the cavalry was safe, but that there was danger to the hoplites, while others not qualified by law were trying to get enrolled on the cavalry, I reported myself to Orthoboulus to be struck off the list, thinking it disgraceful to be in security myself while others were in danger. Come and testify for me, Orthoboulus.

WITNESSES.

14. Again, when the members of my deme were assembled for the expedition, as I saw that some were honorable, wealthy and zealous, but that there were others who lacked the means for the journey, I moved that the wealthy provide the outfit for the poor. And I not only counseled the others to do this, but I myself gave two men thirty drachmae each; not that I was worth much, but for an example to the rest. Come forward, witnesses.

WITNESSES.

15. After this, members of the Boule, during the expedition to Corinth, when all saw that there would be warm work, and others were shirking, I arranged to be stationed in the rank next the enemy. And besides, when our tribe was overthrown and most of it perished, I retreated after that fine gentleman of Steiria, who has been reproaching all men with cowardice. 16. And not many days later, by the capture of the strongholds in Corinth, the enemy was unable to advance, and Agesilaus invaded Boeotia, and the archons voted to detach certain ranks and send them to aid. All were afraid (naturally enough, too, members of the Boule, for it is hardly probable that men who had just escaped would wish to place themselves in danger again), but I, going of my own accord to the commander, asked him to send my company.

17. If, then, some of you are angry at those who claim to act in the interest of the state, and who nevertheless run from danger, you ought to have no such opinion about me. Not only did I do zealously what was commanded me, but I even exposed myself to great danger and did this, not because it was a light matter to fight the Spartans, but that if I ever were unjustly brought to any trial, I might, with a better reputation for valor, get full justice. Now bring witnesses.

WITNESSES.

18. I did not shirk any of the other expeditions nor the garrison duty, but always marched with the foremost and retreated among the last. You ought to estimate from such considerations, those who live well and in order, and not hate a man for wearing his hair long. For habits of this sort injure neither the private citizen nor the city at large, but you are all benefited by those who meet the dangers of the enemy. 19. It is not right to either love or hate a man on account of his looks. For many who talk modestly and dress well have been the cause of great evils, and others who pay no attention to these things have effected great good.

20. I see that some, members of the Boule, are dissatisfied because I, so young a man, have ventured to speak before the people. I was compelled to do so first on account of my case, and then I seem even to myself to be somewhat more ambitiously disposed than I ought to be, both because I remember my ancestors who never stopped working for the city, (21) and because I perceive that you (for I must speak the truth) think that only men of this sort are worth anything. So, seeing you have this opinion, who could not be induced to work and speak in behalf of the city? Why, then, should you be disgusted with men of this sort? For it is you and no other people who judge them.



ORATION XVII.

PROPERTY OF ERATON.

1. Perhaps some of you, gentlemen of the jury, on account of my wish to be a worthy citizen, think that I can speak better than other men. But I am so far from being able to speak about what does not concern myself, that I cannot say what I ought in regard to those things about which I should speak. I think however, if I shall go over the whole affair between myself and Eraton and his children, that you will easily understand what view to take about the claim. So hear me from the start.

2. Eraton, the father of Erasiphon, borrowed two talents from my grandfather. That he took the money and that he asked him to lend so much, I will furnish as witnesses those in whose presence it was given. How he employed it, and what use he made of it, those who know better than I and were cognizant of his proceedings will declare and give evidence to you. Now call the witnesses.

EVIDENCE.

3. As long as Eraton lived, I received the interest and other details of the transaction. When he died he left three sons, Erasiphon, Eraton and Erasistratus, but they no longer paid their dues. So in the war, as there were no courts, we could not exact from them what they owed, and when peace came, when civil suits were being heard, my father, having obtained leave to bring suit against Erasistratus for the whole debt; as he alone of the brothers lived in the city, obtained judgment against him in the archonship of Xenaetnetus. Now call the witnesses.

WITNESSES.

4. That the property of Eraton would rightfully be ours, is easily seen from these men, and that it is all confiscated, from the lists, for three or four persons entered the items. Now this is clear to every one that they would not have omitted anything else which it was possible to confiscate while making a list of all Eraton's property,—even what I have for some time held myself.

I think it is evident that I cannot recover this money elsewhere if you confiscate this property. 5. But now see in what a different spirit I and these persons make my claim against you. For as long as the friends of Erasiphon disputed the property with me, I claimed it was all mine, because Erasistratus was defeated while defending a suit against my father for the whole. And I have let the property at Sphettus for three years past, and was engaged in a suit with the occupants of the property at Cicyna and the house there. But last year they struck out the suit on the ground that they were merchants; but now, though I brought in my suit in the month Gamelion, the Marine Court rendered no decision. 6. And since you thought best to confiscate Eraton's property, I think two shares should be allowed the state and the property of Erasistratus be voted to me, as you have decided that this was formerly in my possession. So I have picked out for myself one-third of the property, roughly estimated, and leaving over two-thirds to the state. 7. It is easy to find out from the valuation put upon it. All the property has been valued at more than a talent, and what I claim, I value at five minae and a thousand drachmae respectively. If they are worth more than this, when the property is sold, the state shall have the rest. 8. That you may know that these are the facts, I will bring as witnesses to you, first, those who hired from me the place at Sphettus, then those living near the place at Cicyna who were acquainted with me when I made the claim three years ago, also the archons of last year before whom the suits were brought, and the present Marine Court. 9. The lists too will be read you, for from them you will know that my claim to this property is not a recent one, and that I do not ask more from the state than from private individuals. Now call the witnesses.

WITNESSES. LISTS.

10. It has now been proved that I do not wrongfully claim the decision of the property in my favor, but that after relinquishing much of the property to the state I claim this only. And now it seems right for me to ask this of you, and the magistrates with you.



ORATION XIX.

PROPERTY OF ARISTOPHANES.

1. This suit troubles me greatly, gentlemen of the jury, when I consider that if I do not speak well, not only I, but my father will appear in the wrong, and I shall lose all my property. So, if I am not naturally skillful in this task, I must come to the rescue of myself and my father as best I can. 2. You see the careful preparation and zeal of my enemies, and I need say nothing about them, and all who know me know my inexperience. So I shall beg you grant what is just (for me) and easy (for you), to hear me with patience, as well as the prosecution. 3. For a defendant is necessarily at a disadvantage even if you listen impartially, for the prosecutors have planned for a long time, and without any risk to themselves have made their attack, but I struggle with fear, prejudice and great danger. So it is right for you to show greater favor to the defendants. 4. For I suppose you all know that many who make terrible accusations have at once been convicted of falsifying so evidently, that they leave the court and become mistrusted for all they do. Some again have been convicted of false witness and of seeking to ruin men, when there was nothing more to their advantage. 5. Since, as I hear, there are many such cases, gentlemen of the jury, do not trust the words of the prosecution until I speak. For I hear, and I think many of you know that slander is most difficult (to deal with). 6. Surely we may realize this when so many come to trial on this charge, for usually the last tried are acquitted; for you listen to them without prejudice, and you admit their arguments willingly. 7. So remember that Nicophemus and Aristophanes were put to death without a trial, before the arrival of any one to (hear) them proved guilty. For no one saw them after the arrest; for they did not give up their bodies for burial, and so terrible was their fate, that besides all the rest they were deprived of this (privilege) too. 8. But I will pass this by, for I could never finish (the subject); but much harder I think was the fate of the sons of Aristophanes. For though never wronging any one in public or private, they not only lost their patrimony contrary to your laws, but also their remaining hope was blighted of being brought up by their grandfather. 9. Still I, deprived of kindred, of the dowry (of my sister), and having to bring up three children, have charges brought against me, and run in danger about the inheritance which my ancestors left me, acquired legally (by them). And yet, gentlemen of the jury, my father during his lifetime spent more for the state than for himself and family, and it was four times what I have now, as I was often at hand when he was reckoning. 10. Do not prejudge the injustice of a man who spent little for himself and much every year for you, but (be ready to condemn those) who are accustomed to spend their patrimony and everything else they get for vicious pleasures. 11. It is difficult, gentlemen of the jury, to defend myself contrary to the opinion which some hold about the property of Nicophemus, both because of the present scarcity of money in the state, and because the suit concerns the treasury. And yet under these disadvantages, you will readily see that the accusations are not true. And I beg you by every means in my power to hear me favorably to the close, and to vote whatever you think best and in best accord with your oaths.

12. In the first place I will inform you how they came to be connections of mine. For Conon, commanding near the Peloponnesus, who was my father's friend when he was Trierarch, asked him to give my sister to the son of Nicophemus when he asked her hand. 13. And he seeing that they (Nicophemus and his son) were trusted by Conon, and were serviceable to the state, then at least conforming to her laws, promised to give her, not realizing the bad repute into which they would fall, at a time when any one of you would have wished to be connected with them; that it was (done) for the sake of money, it is easy to understand from the whole life and conduct of my father. 14. For when he was at a suitable age, although he could have married another with a large dowry, he married my mother who brought none, because she was the daughter of Xenophon, son of Euripides, who not only seemed to be of good character, but you thought him worthy to be Strategus, as I hear. 15. Moreover he did not give my sisters to rich husbands who would have been willing to take them without dowries, because they seemed to be of inferior birth, but one to Philomelus of Paeania, whom they say is better in character than wealth, another to a man who lost his property through no fault of his own, his nephew, Phaidrus of Murrhinoute, besides giving him forty minae, and the same to Aristophanes. 16. And besides, though I could have (married a woman with) a large dowry, be advised a smaller one, that I might be sure of having connections orderly and discreet. And now my wife is the daughter of Critodemus of Alopeke, who was put to death by the Spartans after the naval battle of the Hellespont. 17. And now, gentlemen of the jury, is it not probable that one who married without a portion, and gave his daughter much money, and took a small dowry for his son, should be trusted to have sought connection with these men for no money considerations?

18. It is easy to see that Aristophanes, already married, would have confided in any one sooner than my father. For their ages were wide apart, and their dispositions still more; for my father had merely his own concerns to attend to, but Aristophanes wished to attend not only to his own private affairs, but to public ones as well, and if he had any money, he spent it in his desire for honor. 19. You know from what he used to do that I speak the truth. For first, when Conon wished to send some one to Sicily, he undertook the commission and went with Eunomus, enjoying the friendship and hospitality of Dionysius, who benefited the state greatly, as I heard from those in his company at Piraeus. 20. And the hope of the expedition was to persuade Dionysius to become allied to Evagoras, and hostile to the Spartans, and a friend and ally to your city. And this they did in spite of dangers which threatened by sea and from the enemy, and they persuaded Dionysius not to send the trireme which he had prepared for the Spartans. 21. And afterwards, when ambassadors came from Cyprus for assistance, he did cease his activity. You gave them triremes, and voted other aid, but they lacked funds for the expedition. For they came with little money, and asked for much; for they (asked it) not only for the ships, but they hired mercenaries, and bought arms. 22. Now Aristophanes himself furnished most of the money; and when there was not enough, he persuaded his friends, asking for it and giving securities, and having forty minae of his half-brother at his house he used them up. And the day before he sailed, he went to my father and asked him to lend him whatever money he had. For he said it was needed for paying the mercenaries. We had in ready money seven minae, and he took this and used it up. 23. Now what man, gentlemen of the jury, ambitious, with letters from his father that he would find no lack in Cyprus, having moreover been chosen ambassador, and being about to sail to Evagoras, would have left everything behind, and would not, if he could by contributing everything, please him (Evagoras) and make a large profit? That this is the case, call Eunomus.

WITNESSES.

24. You hear the witnesses, both that they lent (the money) at his demand, and that they received it back, for it was brought them on the trireme.

From what has been said, it is easy to see that in these emergencies he spared himself not in the least. 25. Here is the best proof: Demus, the son of Pyrolampes, in command of the trireme for Cyprus, asked me to go to him, saying that he had from the king of Persia a golden bowl, for which he wished to get seventeen minae, which he would spend on his trierarchy; when he came to Cyprus he would redeem it, paying twenty minae; for through this pledge he would have plenty of money and other advantages in Asia Minor. 26. Aristophanes, hearing this from Demus, though I urged him, and although he would have taken the cup, and gained four minae interest, said he had no money, and declared he had borrowed from his friends besides, otherwise he would be most glad to take the pledge and oblige us by what we asked. 27. I will bring witnesses that these are the facts.

WITNESSES.

From the evidence it is certain that Aristophanes left no money behind; and he had not much (in the way of) bronze. And when he entertained the ambassadors from Evagoras he had to borrow the plate. And we will read you what he left.

INVENTORY.

28. Perhaps some of you, gentlemen of the jury, think this is a small inventory. Bear this in mind, that before our naval victory he only had a little estate at Rhamnus. The naval battle was in the archonship of Euboulus. 29. So in four or five years, as at first he had no property, it was no easy matter for him to supply the chorus twice for tragedies, for himself and his father, serve as Trierarch three consecutive years, make large contributions, build a house for five minae, and get more than three hundred plethra of land; and yet, besides all this, do you think he necessarily left many household effects? 30. But not even families of long-standing wealth could show much of value, for sometimes, no matter how desirous one may be, it is not possible to buy that which always gives pleasure to its possessor.

31. But consider this. Of others whose property you confiscated, not only did you sell no furniture, but the doors were torn from the houses. But when the confiscation had taken place, and my sister had left, we set a guard in the house, that neither the doors, vases, nor anything else might be lost. And property of more than a thousand drachmae was reported, more than you ever took from any one else. 32. Besides, both formerly before the commissioners and now we wish to give a pledge, the greatest in use, that we have no money of Aristophanes, but he owes the dowry of my sister and seven minae, which he took from my father when he went off. 33. How then would men be more wretched than to be thought to hold the property of others, after loss of their own? And what is the worst of all, to receive a sister with many children, look after them, and have nothing for myself, if you take even what we have.

34. Come now, by the Olympian gods! Look at it in this light, gentlemen of the jury. If one of you happened to give to Timotheus, son of Conon, his daughter or sister, and when he was deprived of civil rights, and accused, his property was seized, and if, when all was sold, the city did not get four talents, on this account would you think it right to ruin his family and relatives, because the property turned out to be not even a fraction of what you thought it? 35. All of you here know that Conon was in command, and that Nicodemus executed his commands. It is likely that Conon gave part of the profits to some other, so if they thought Nicodemus had much, they would agree that Conon's share was ten times as much. 36. And still they seem never to have had any difference of opinion, so it is likely that they had the same ideas about money, namely, to have here sufficient for their sons, and to take the rest with them. For Conon had a son and wife in Cyprus, Nicodemus a wife and daughter, and they thought their property there to be as safe as that here. 37. And besides this, think, if some one who had not acquired his property, but had inherited it from his father, distributed it to his sons, that he would have reserved the most for himself. For all with money prefer to be served by their children rather than ask it of them in poverty. 38. Now if you should confiscate the property of Timotheus,—and may it not happen, unless great good come to the state from it,—and should gain less from it than came from the property of Aristophanes, for this reason would you believe it right that his relatives should lose their property? 39. It is not likely, gentlemen of the jury. For the death of Conon and the will which he made in Cyprus clearly showed that his money was a very small part of what you expected, for to Athena and to Apollo in Delphi he dedicated five thousand staters. 40. And to his nephew who kept guard for him and had charge of his affairs in Cyprus, he gave ten thousand drachmae, and three talents to his brother; the rest, seventeen talents, he left to his son. The sum total is about forty talents. And no one can say that he was robbed or that a just return was not made. 41. For he made his will when in sickness, in his right mind. Now call me the witnesses.

WITNESSES.

42. Surely one would have thought, before both cases were shown, that the property of Nicophemus was a small fraction of that of Conon. Aristophanes purchased land and a house for more than five talents, supplied choruses for himself and his father for five thousand drachmae, and spent eighty minae as Trierarch. 43. And in taxes he contributed for both no less than forty minae, and for the expedition to Sicily he spent a hundred minae. For sending the triremes when the Cyprians came and you gave them ten ships, for pay for the mercenaries and the purchase of arms, he furnished thirty thousand drachmae. The amount of this is a little less than fifteen talents. 44. So you do not charge me with reason, since the property of Aristophanes appears to be more than a third part of that of Conon, which is agreed was rightly reported by himself, though appearing to be much greater. And I do not reckon what Nicophemus had in Cyprus, where were his wife and daughter.

45. I do not believe, gentlemen of the jury, that you will ruin me after my producing such conclusive evidence. For I have heard from my father and other older men that both now and formerly you have been mistaken about the property of many men, and that many while living seem to be wealthy, and after death they turned out very different from what you supposed. 46. For example, every one supposed Ischomachus as long as he lived was worth more than seventy talents, as I hear; but each of his two sons had less than ten at his death. Stephanus, son of Thallus, was said to be worth more than fifty talents, but his property after his death proved to be about eleven talents. 47. The estate of Nicias was expected to be worth not less than a hundred talents, and much of it in ready money; but when Niceratus was dying, he said himself he was not leaving any gold or silver, and the house which he left to his son was not worth more than fourteen talents. 48. Again Callias, son of Hipponicus, at the recent death of his father seemed to have inherited more than any other Greek, but as he says, his grandfather valued (the property) at two hundred talents. His rateable property is really not worth two talents. You all know Cleophon, that for many years he managed all the finances of the state and was supposed to have much from the government; but at his death there was no money, and the relatives and connections whom he left were confessedly poor men. 49. So we are evidently much deceived in regard to men of hereditary wealth and those who have recently become noted. And I think the reason is that one dares to say without sufficient grounds that so-and-so has many talents from the government. And I do not wonder at what they say about the dead (for they cannot be confuted by them), but at their attempt to deceive during their life. 50. For you yourselves lately heard in the assembly that Diotimus had forty talents more than he acknowledged from the ship captains and merchants; and no one tested him when he came bringing his accounts and feeling bad that he had been slandered in his absence, that too when the state was in need of money and he wished to give a statement. 51. Think now what would happen if after all Athens had heard that Diotimus had forty talents, he had met his fate before sailing home. Then his relatives would have been in greatest danger, if they had had to defend themselves against such a charge, not knowing any of the facts. These are responsible for your being mistaken about many, and unjustly ruining some, (these men) who rashly venture to speak falsely and wish to bring charges against others. 52. Then I suppose you know that Alcibiades was Strategus for four or five years, having prevailed over and conquered the Spartans, and the cities thought best to give him twice as much as to any other general, so that some thought he owned more than a hundred talents. But at his death he showed it was not the case, for he left a smaller estate to his children than he had received from his guardians.

53. That such things formerly happened is readily seen; and they say the noblest and wisest are especially willing to change their opinions. If then I seem to speak to the point, and bring sufficient testimony, gentlemen of the jury, in every way favor me, as, although the accusation is so great, I believe I shall win with truth on my side; and if there is no way in which you are willing to be persuaded, there seems to be no hope for me. 54. But by the Olympian gods, gentlemen of the jury, be willing to save me with justice (on my side), rather than ruin me unjustly; and believe they speak the truth, who even in silence during their lives conduct themselves wisely and justly.

55. So in regard to the writ itself and how they became my connections and that his property was not enough for the voyage, but that he borrowed elsewhere, you have heard and testimony has been given you; but I wish to say a few words about myself. For I at thirty years of age never spoke wrongly to my father, nor has a citizen ever brought a charge against me, and though living near the market-place I was never seen in the court or assembly before this befell me. 56. So much I can say of myself, but of my father, since the charge has been made as if he were at fault, have patience if I declare what he spent for the state and his friends. And (it is not) in a spirit of boasting, but to prove that it is inconsistent with the character of a man to spend much unnecessarily and to wish to keep common property at greatest risk. 57. There are some who spend not only for this, but that they may gain twice as much if they are thought by you worthy to rule. My father never wished to be a leader, but he supplied all choruses, and was Trierarch seven times, and made many large contributions. That you may know this, each point will be read you.

LIST OF SERVICES.

58. Hear the number of them, gentlemen of the jury. For fifty years my father served the state with money, and in person. So in such a time, being thought wealthy from the start, it is natural that he shrank from no expense. Yet I will bring you witnesses.

WITNESSES.

59. The sum of all is nine talents and two thousand drachmae. Besides, privately he helped portion the daughters and sisters of some poor citizens, and ransomed some from the enemy, and furnished money for the burial of others. And this he did, believing it was a brave man's duty to help his friends, even if no one would learn of it; and now it is fitting that you should learn of it from me. Now call in this and that one.

WITNESSES.

60. You have heard the witnesses; remember that one could assume a character for a short time, but no one could elude detection for seventy years if a bad man. Against my father perhaps some could bring other charges, but no one, even an enemy, dared (to accuse him) about his money affairs. 61. Is it then right to trust the words of the accusers, rather than to the facts, (as to) what he did in all his life, and to time, which to be sure is the clearest test of truth? For if he had not been such a man, he would not have left so little from so much, since if you are deceived by these men and confiscate my property, you will get not two talents. So it is for your interest to acquit me not only because you think it right, but as a question of money, for you will be the gainers if I keep this. 62. And see how many expenditures have been made in the past for the state, and now from what remains I am Trierarch, and my father died while Trierach, and I shall endeavor, following his example, to give a small amount, little at a time, for the common weal. So in reality this (now) belongs to the state, and I shall not think I am wronged if deprived of it, but you will have greater benefit than if you confiscate it. 63. Besides this, it is fitting to bear in mind the nature of my father. For whatever he wished to spend beyond the necessities of life, it evidently was in a direction in which the city too would gain some honor. For example, when he served in the cavalry, he purchased horses, not only fine ones, but racers, with which he won at the Isthmian and Nemean games, so that the city was proclaimed and he crowned. So I beg you, gentlemen of the jury, bearing in mind these and all other words to protect me, and not to leave men in the power of their enemies. And so doing, you will vote justly, and for your own advantage.



ORATION XXII.

THE GRAIN DEALERS.

1. Many have come to me, gentlemen of the jury, expressing surprise that I have entered an accusation in the Boule against the corn dealers, and saying that you, even if you think them ever so guilty, nevertheless think that those who bring charges against them are doing so from personal interest. Accordingly I first wish to show you why I was compelled to accuse them.

2. When the Prytanes reported them to the Boule, feeling ran so high that some of the speakers said that without a trial they should be handed to the Eleven to be put to death. But I, thinking that it would be a terrible precedent for the Boule to do this, rose and said that it seemed best to me to try the dealers by law, as I thought that if they had committed a capital crime you no less than we would know what was just, but if they were doing nothing wrong they need not die without a trial. 3. When the Boule had agreed to this, some tried to slander me, saying I made these speeches for the safety of the dealers. Before the Boule, since the preliminary trial was before them, I made a practical defense. For while the rest were sitting still, I got up and accused them, making it clear to all that I was not speaking in their behalf, but upholding the established laws. 4. I took up the matter on account of this, fearing the charges. And I think it base to stop until you have voted what you wish.

5. First stand up and tell me whether you are a metic? Yes. Are you a metic on condition of obeying the laws of the city or doing what you please? On condition of obeying. Do you expect to escape death if you transgress the laws of which the penalty is death? I do not. Tell me then whether you confess that you bought more than the fifty measures of corn which the law allows. I bought it, advised to do so by the officers.

6. If he can show, gentlemen of the jury, that there is a law which permits dealers to buy corn when ordered to do so by the officers, acquit them. If not, it is just to condemn them. For we showed you the law which forbids any one in the city buying more than fifty measures of corn.

7. This, gentlemen of the jury, ought to end the accusation, since he admits that he bought corn and the law plainly forbids it, and you have sworn to give judgment according to law. But that you may be convinced that they are wrong about the officers I must say something further about them. 8. Since they made the charges against them let us call the officers and question them. Four of them say they know nothing about the matter. Anytus says that last winter when corn was high and the dealers were outbidding and fighting against one another, he counseled them to stop quarreling, thinking it was advantageous to you who buy from these that they should previously buy it as cheap as possible. For they must sell it not more than an obol dearer. 9. That he did not order them to buy the corn and store it up, but advised them not to fight with each other, I will Anytus as witness, and also that he said these words last year and they have been proved guilty of engrossing corn this year.

DEPOSITION.

10. You have heard that they did not buy the corn because they were advised to do so by the officers. And I think if they really are speaking the truth about the corn inspectors they will not be defending themselves, but accusing them. Ought they not to be punished for offenses concerning which the law is expressly written—both those who do not obey and those who direct to do what is contrary to them?

11. But I do not think, gentlemen of the jury, that they will resort to this argument. Perhaps they will say, just as they did before the Boule, that they bought the grain out of good will to the city, that you might buy it as cheaply as possible. I will give you the greatest and most evident proof that they lied. 12. They ought, if they bought the corn for your benefit, to have sold it many days for the same price, until the supply ran out; but in truth they sold it the same day at a drachma dearer as if they were buying it up by the medinnus. I will prove this to you by witnesses.

EVIDENCE.

13. I think It strange that when there is a tax to pay about which all men will know, they do not wish to do their share but plead poverty, but those offenses for which the penalty is death, and in which it was for their interest to escape detection, they say they committed out of good will to you. You all know that it is least fitting for them to make such, a defense. For their interests and other men's are entirely different. They gain most when some disaster has befallen the city and they sell the corn for a high price. 14. Thus when they see your misfortunes they are glad, so that they often hear of some before other people, and others they make up themselves; either the ships in the Pontus have been destroyed, or have been captured by the Lacedaemonians setting out, or that the market is closed, or that the truces are about to be made void; and they have come to such a pitch of enmity (15) that in these times they plot against you as if they were your enemies. When you chance to be in the greatest need of corn they heap it up and refuse to sell that we may not dispute about the price, but may think ourselves lucky if we manage to buy from them at any price whatever. So although there is peace we are besieged by these men. 16. Long ago the city came to have such an opinion of their evil doings and wickedness, that while for all the other trades you appointed clerks as inspectors, for this traffic alone you appointed corn inspectors; and on many of these you have inflicted heavy punishment, although they were citizens, because they were not able to stop these practices. Ought not, then, those doing this wrong to receive punishment at your hands when you kill those not able to restrain it?