The Orations of Lysias

by Lysias

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.