41. Therefore I often wondered at the audacity of those speaking in their behalf, except when I consider that it is in their power both to do all evils and to praise those like them. 42. For this is not the first time he has acted contrary to your majority; but in the time of the Four Hundred, having set up an oligarchy in the camp, he fled from the Hellespont, deserting his ship, although the commander of it, with Iatrocles and others whose names I do not need to mention; and, having come here, he opposed those who favored a democracy. And of these things I will bring you witnesses.
WITNESSES.
43. I will pass over then his intervening life; but after the sea-fight and the disaster to the city took place, there being still a democracy, five men were made Ephors by the so-called secret societies (whence they began a sedition), to assemble the citizens, lead the conspirators, and oppose your democracy. Among them were Eratosthenes and Critias. 44. And they appointed commanders over the guards, and they directed what ought to be voted and who ought to rule, and, if they wished to do anything else, they were masters; so not only enemies, but also those who were citizens plotted against you, in order that you might vote nothing good, and might be in want of many things. 45. For this they knew, that they could not get the upper hand in any other way, but success for them depended on your misfortune; and they thought that you, wishing to be freed from your present evils, would not consider about future ones. 46. That it was in the power of the Ephors at that time, I will bring witnesses to you, not those then co-operating with him (for I should not be able), but those who heard Eratosthenes himself. 47. But, if they had been prudent, they would have borne witness against them, and would have severely punished the teachers of their crimes, and, if they had been wise, would not have considered their oaths binding to the extent of wronging the citizens, but for the good of the state they would have easily transgressed them; therefore I say such things to them. Call witnesses for me, and come forward.
WITNESSES.
48. You have heard the witnesses. At last, being established in power, he took part in no good deed, but in many of an opposite character. If, however, he were an honest man, he ought, in the first place, not to rule contrary to law; secondly, to inform the council concerning all the reports, that they were false, and that Batrachus and Aeschylides did not announce the truth, but told things invented by the Thirty, as agreed upon for the injury of the citizens. 49. And indeed, jurors, all who were ill disposed toward you, remained quiet just the same; for there were others saying and doing things which were greater evils than what could (otherwise) come to the city. But for those who said they were well disposed, why did they not show it there, both by speaking what was best themselves, and preventing men from doing wrong?
50. But perhaps he might be able to say he was afraid, and this will be a sufficient excuse to some of you. (Observe) then, if he shall appear to be opposing the Thirty in speech; otherwise it will be evident that these things pleased him, and he had so much power that, although, he opposed, he suffered no evil from them. And he ought to have this zeal for your safety, but not for Theramenes, who has wronged you in many respects. 51. But that he considered the city hostile and your enemies his friends, I shall establish by many proofs; likewise that the quarrels with each other arose not on your behalf, but on theirs, to determine who shall do these things and govern the state. 52. For, if they made the revolt in behalf of those who had been wronged, when would there have been a better opportunity for a ruler to show his friendship than when Thrasybulus had taken possession of Phyle? But he, instead of announcing or doing anything good toward those at Phyle, came with his fellow-rulers to Salamis and Eleusis, and led away three hundred of the citizens to prison, and by one vote condemned them all to death. 53. But when we came to the Piraeus, and disputes arose, and speeches were made about a reconciliation, we each had many hopes of behaving towards each other, as both parties gave indications; for the Piraeus party, being superior, permitted them to depart, (54) and they, having come to the city, drove out the Thirty, except Pheido and Eratosthenes, and chose as leaders those most opposed to them, thinking justly that by the same persons both the Thirty would be hated, and the Piraeus party loved. 55. Of these, then, Pheido, who had been one of the Thirty, and Hippocles, and Epichares of Lamptrae, and others seeming to be the most opposed to Charicles and Critias and their club, when they were established in power, created much greater party-feeling against the Piraeus party for the city party. 56. And they openly showed that they were making the disturbance, not on behalf of the Piraeus party, nor on behalf of those perishing unjustly, neither did they trouble themselves about the dead, nor those who were going to be put to death, but those who had more power and were getting rich faster. 57. For, having seized the offices and the city, they made war upon both parties, both the Thirty who had done all evils, and you who had suffered all evils; and this was evident to all, that, if the former were accused unjustly, you (were accused) justly, but if you unjustly, the Thirty justly, for they were banished from the city, not having been guilty of other things, but of these things. 58. So that it is necessary to be exceedingly indignant that Pheido, having been chosen to conciliate you and restore you, did the same things as Eratosthenes, and with the same mind was ready to injure those who were in the majority in their own party by means of you; and he was not willing to restore the city to you in unjust exile, but, having come to Sparta, he tried to persuade them to begin hostilities, falsely saying that the city would fall into the power of the Boeotians, and other things besides by which he hoped to persuade them. 59. But not being able to obtain this, either because the sacred rites were in the way, or because they themselves did not wish it, he borrowed a hundred talents in order that he might be able to hire mercenaries; and they chose Lysander as leader, who was very friendly to the oligarchy, and most hostile to the state, especially the Piraeus party. 60. Then having hired all men for the destruction of the city, and inciting cities, and finally the Lacedaemonians, and such of their allies as they could persuade, they made preparations not to restore but to destroy the city (and would have succeeded), had it not been for certain brave men, to whom I charge you to show your gratitude by punishing these wretches. 61. You know these things yourselves, and I know it is not necessary to provide witnesses, nevertheless (I will), for I need to stop speaking, and it is more pleasant for you to hear the same words from as many as possible.
WITNESSES.
62. Come now, I will show you about Theramenes as briefly as I can, and I request you to hear me, both on behalf of myself and the city. And let no one think that I am accusing Theramenes while Eratosthenes is on trial. For I learn that he will make this defense, that he was a friend of his, and took part in the same acts. 63. But I suppose that he, as a citizen, would pretend that he was acting with Themistocles, in order that the walls might be built, since (he says he is acting) with Theramenes, in order that they may be destroyed; for they do not seem to me to be worthy of a comparison, for he built them up against the will of the Spartans, but this man has torn them down, after deceiving the citizens. 64. For the opposite has happened to the city from what was natural. For it was right that the friends of Theramenes should be ruined with him, except if one happened to be acting in opposition to him; but now I see that the defense is thrown upon him, but that his companions are trying to get honor, as if he had been the cause of many blessings, and not of great evils. 65. In the first place, he was the chief cause of the former oligarchy, having persuaded you to choose the constitution, in the time of the Four Hundred. His father, being one of the commissioners, did these things, and he himself seeming to be in full sympathy with the affair, was chosen general by them. 66. And while he was in office, he showed himself faithful (to the city); but, when he saw that Pisander and Callaeschrus and others were superior to him, and that you no longer wished to hear them, then, on account of his enmity towards them, and his fear of you, he took part with Aristocrates. 67. And, wishing to seem to be faithful to you, he accused and put to death, Antiphon and Archeptolemus, who were great friends of his, and reached such a pitch of wickedness, that at the same time, on account of his faith to them, he enslaved you, and on account of his (faith) to you he destroyed his friends. 68. Then being honored, and thought worthy of the greatest things, he himself, having announced that he would save the city, destroyed it, saying he had done a great and valuable thing. And he promised to make peace, without giving hostages, without dismantling the walls, and without giving up the ships, and wishing to say these things to no one, he commanded you to trust him. 69. But you, Athenians, while the council of the Areopagus was acting for safety, and many were opposing Theramenes, though you knew that other men keep secrets on account of the enemy, while he, even among his own citizens, was unwilling to state those things which he was going to state to the enemy, nevertheless intrusted to him your country, children, wives and yourselves. 70. But he did nothing which he promised; on the contrary, he reflected that the city ought to be small and weak, so that he endeavored to persuade you to do those things which no one of the enemy ever mentioned, or of the citizens ever expected; not being compelled by the Lacedaemonians, but himself giving orders to them, both to destroy the walls of the Piraeus, and to break up the existing state of government, well knowing that, if you were not in despair, you would inflict speedy punishment upon him. 71. And finally, jurors, he did not permit the assembly to be held until the opportunity mentioned by him (Lysander) was carefully watched by him, and he had summoned the ships from Samos with Lysander, and the camp of the enemy was in the city. 72. Then, this being the state of affairs, and Lysander and Philochares and Miltiades being present, they made an assembly concerning the constitution, in order that no orator might oppose or threaten them, and that you might not choose what was advantageous, but might vote what seemed best to them. 73. And Theramenes stood up, and advised you to commit the city to thirty men, and abide by the constitution which Dracontides proposed, but you, nevertheless, being so disposed, made a tumult as if you would not do these things, for you knew that you were deliberating that day concerning slavery and liberty. 74. But Theramenes, jurors, (and of these things I will bring you yourselves as witnesses,) said he cared nothing for your tumult, since he knew that many of the Athenians were doing things like himself, and he said things which seemed good to Lysander and the Lacedaemonians; and after him Lysander rose and said a great deal, but particularly that he considered you faithless, and that the question would be to you, not about a constitution, but about safety, unless you did what Theramenes commands. 75. And of those in the assembly, the better portion were aware of the preparation and the crisis, and some remained and kept quiet; but others went off, knowing this, at least, that they had voted nothing wrong to the city; while a few base and evil schemers voted what was commanded. 76. For they were commanded to elect ten whom Theramenes proposed, and ten whom, those elected Ephors advised, and ten from those present; for they saw your weakness, and they knew their own power, so that they knew beforehand what was going to take place in the assembly. 77. And in these things it is not necessary to believe me, but him, for all those things said by me he said, in his defense in the council, reproaching the exiles, because they came back through his means,—the Lacedaemonians not caring about it,—and reviling those taking part in the government, because he himself met with such treatment, after having been the cause of all the things done in the ways mentioned by me, having himself given many pledges, and received many from them. 78. And though he has been the cause of so many other evils and disgraces, both long ago and recently, both small and great, they will venture to declare that they are friends of his, when Theramenes died not on your behalf, but on account of his own wickedness, and was justly punished in an oligarchy (for he destroyed it); as he would have been justly in a democracy; for he twice enslaved you, despising what was present, and desiring what was absent, setting himself up as a teacher of most horrible things, while using a most honorable name.
79. Concerning Theramenes then, the accusations seem to me to be sufficient; and the time has come when it is necessary not to have pardon and pity in your decision, but to punish Eratosthenes and his fellow- rulers, and not by fighting to be superior to our (public) enemies, and by voting to be weaker than our private enemies. 80. Accordingly do not favor them more for what they say they are going to do, than be angry for what they have done; neither plot against the Thirty when absent, and acquit them when present; neither aid yourselves in a manner worse, than fortune has, which has given them to the city. 81. Act against Eratosthenes and his friends, upon whom he will lay the defense, and with whom these things were done by him; but the contest between the city and Eratosthenes is not equal, for he was at once the accuser and judge of what was taking place; but we are brought now to an accusation and defense. 82. They put to death without a trial those doing no wrong; but you think it right to try according to law those who have destroyed the city; from whom even if you wished to exact punishment, contrary to law, you could not exact one worthy of the crimes which they have done to the city; for by what suffering could they suffer a punishment proportionate to their deeds? 83. If you should kill these, and their children, should we exact an adequate punishment for the murder of those whose fathers and sons and brothers they put to death without a trial? Or if you should confiscate their real estate, would it be well either for the state from which they have taken much, or for the citizens whose houses they have plundered? 84. Since, then, by most stringent measures you could not exact a sufficient punishment from them, is it not a shame for you to neglect any (penalty) whatsoever which one might wish to exact from them? It seems to me, that he must be an audacious wretch who when no others are the jurors except those very ones who have suffered ill, has come to make his defense, before the very witnesses of his villainy; so much has he either despised you or trusted others. 85. Both of these things it is worth while to consider, reflecting that they would not be able to do these things without the co-operation of others, neither would they have attempted to come now, unless they thought they would be saved by those same persons who have come here, not to rescue them, but in the belief that there would be great security to them for what they have done, and in future the power to do whatever they wish, if, having made the arrest, you shall acquit those who are guilty of the greatest crimes.
86. But it is worth while to wonder about those who take their part, whether they make their accusations as good and honorable men, showing their own virtue worth more than the baseness of these. I wish that they were as zealous to save the city as these to destroy it—or whether they will defend them as skillful in speech, and will show their deeds to be worthy. But no one of them ever endeavored to speak justly in your behalf. 87. Again it is worth while to see the witnesses who, testifying to these things, accuse themselves, thinking that you are very forgetful and simple-minded, if, they think without fear to save the Thirty through you; but thanks to Eratosthenes and his fellow-rulers, it became a fearful thing to go even to the carrying out of the dead. 88. But these men, if saved, would again be able to destroy the state, but those whom they destroyed, having died, gave their life beyond the vengeance of their enemies. Is it not a hard thing if their friends were likely to perish with those who died unjustly, while many will undertake the funeral of those who destroyed the state, seeing that so many are prepared to go to the rescue? 89. And I think it far easier to resist your wrongs than to defend the conduct of these men. But they say that Eratosthenes did the fewest evils of the Thirty, and, on this account, they demand that he shall be saved; but because, of (all) other Greeks, he has done you the most wrongs, they do not think he ought to perish. 90. Now therefore you will show what opinion you hold in regard to these matters; if you convict him, it will be evident that you are indignant at what has taken place; but, if you acquit him, you will seem to desire the same things as they, and yet you will not be able to say that you did what was commanded by the Thirty. 91. For in the present case, no one compels you to acquit contrary to your opinion. So I advise you not to convict yourselves by acquitting these, nor think that your vote is secret, for you will make your decision known to the city.