The Orations of Lysias

by Lysias

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.