With this prospect, the Athenians were all in excitement, and Nicanor, wishing to confer with them on the subject, at a meeting of the Council in Piraeus, came himself, trusting for the safety of his person to Phocion. And when Dercyllus, who commanded the guard there, made an attempt to seize him, upon notice of it beforehand, he made his escape, and there was little doubt he would now lose no time in righting himself upon the city for the affront; and when Phocion was found fault with for letting him get off and not securing him, he defended himself by saying that he had no mistrust of Nicanor, nor the least reason to expect any mischief from him, but should it prove otherwise, for his part he would have them all know, he would rather receive than do the wrong. And so far as he spoke for himself alone, the answer was honorable and high-minded enough, but he who hazards his country’s safety, and that, too, when he is her magistrate and chief commander, can scarcely he acquitted, I fear, of transgressing a higher and more sacred obligation of justice, which he owed to his fellow citizens. For it will not even do to say, that he dreaded the involving the city in war, by seizing Nicanor, and hoped by professions of confidence and just-dealing, to retain him in the observance of the like; but it was, indeed, his credulity and confidence in him, and an overweening opinion of his sincerity, that imposed upon him. So that notwithstanding the sundry intimations he had of his making preparations to attack Piraeus, sending soldiers over into Salamis, and tampering with, and endeavoring to corrupt various residents in Piraeus, he would, notwithstanding all this evidence, never be persuaded to believe it. And even when Philomedes of Lampra had got a decree passed, that all the Athenians should stand to their arms, and be ready to follow Phocion their general, he yet sat still and did nothing, until Nicanor actually led his troops out from Munychia, and drew trenches about Piraeus; upon which, when Phocion at last would have led out the Athenians, they cried out against him, and slighted his orders.

Alexander, the son of Polysperchon, was at hand with a considerable force, and professed to come to give them succor against Nicanor, but intended nothing less, if possible, than to surprise the city, whilst they were in tumult and divided among themselves. For all that had previously been expelled from the city, now coming back with him, made their way into it, and were joined by a mixed multitude of foreigners and disfranchised persons, and of these a motley and irregular public assembly came together, in which they presently divested Phocion of all power, and chose other generals; and if, by chance Alexander had not been spied from the walls, alone in close conference with Nicanor, and had not this, which was often repeated, given the Athenians cause of suspicion, the city had not escaped the snare. The orator Agnonides, however, at once fell foul upon Phocion, and impeached him of treason; Callimedon and Charicles, fearing the worst, consulted their own security by flying from the city; Phocion, with a few of his friends that stayed with him, went over to Polysperchon, and out of respect for him, Solon of Plataea, and Dinarchus of Corinth, who were reputed friends and confidants of Polysperchon, accompanied him. But on account of Dinarchus falling ill, they remained several days in Elatea, during which time, upon the persuasion of Agnonides and on the motion of Archestratus a decree passed that the people should send delegates thither to accuse Phocion. So both parties reached Polysperchon at the same time, who was going through the country with the king, and was then at a small village of Phocis, Pharygae, under the mountain now called Galate, but then Acrurium.

There Polysperchon, having set up the golden canopy, and seated the king and his company under it, ordered Dinarchus at once to be taken, and tortured, and put to death; and that done, gave audience to the Athenians, who filled the place with noise and tumult, accusing and recriminating on one another, till at last Agnonides came forward, and requested they might all be shut up together in one cage, and conveyed to Athens, there to decide the controversy. At that the king could not forbear smiling, but the company that attended, for their own amusement, Macedonians and strangers, were eager to hear the altercation, and made signs to the delegates to go on with their case at once. But it was no sort of fair hearing. Polysperchon frequently interrupted Phocion, till at last Phocion struck his staff on the ground, and declined to speak further. And when Hegemon said, Polysperchon himself could bear witness to his affection for the people, Polysperchon called out fiercely, “Give over slandering me to the king,” and the king starting up was about to have run him through with his javelin, but Polysperchon interposed and hindered him; so that the assembly dissolved.

Phocion, then, and those about him, were seized; those of his friends that were not immediately by him, on seeing this, hid their faces, and saved themselves by flight. The rest Clitus took and brought to Athens, to be submitted to trial; but, in truth, as men already sentenced to die. The manner of conveying them was indeed extremely moving; they were carried in chariots through the Ceramicus, straight to the place of judicature, where Clitus secured them till they had convoked an assembly of the people, which was open to all comers, neither foreigners, nor slaves, nor those who had been punished with disfranchisement, being refused admittance, but all alike, both men and women, being allowed to come into the court, and even upon the place of speaking. So having read the king’s letters, in which he declared he was satisfied himself that these men were traitors, however, they being a free city, he willingly accorded them the grace of trying and judging them according to their own laws, Clitus brought in his prisoners. Every respectable citizen, at the sight of Phocion, covered up his face, and stooped down to conceal his tears. And one of them had the courage to say, that since the king had committed so important a cause to the judgment of the people, it would be well that the strangers, and those of servile condition, should withdraw. But the populace would not endure it, crying out they were oligarchs, and enemies to the liberty of the people, and deserved to be stoned; after which no man durst offer anything further in Phocion’s behalf. He was himself with difficulty heard at all, when he put the question, “Do you wish to put us to death lawfully, or unlawfully?” Some answered, “According to law.” He replied, “How can you, except we have a fair hearing?” But when they were deaf to all he said, approaching nearer, “As to myself,” said he, “I admit my guilt, and pronounce my public conduct to have deserved sentence of death. But why, O men of Athens, kill others who have offended in nothing?” The rabble cried out, they were his friends, that was enough. Phocion therefore drew back, and said no more.

Then Agnonides read the bill, in accordance with which the people should decide by show of hands whether they judged them guilty, and if so it should be found, the penalty should be death. When this had been read out, some desired it might be added to the sentence, that Phocion should be tortured also, and that the rack should be produced with the executioners. But Agnonides perceiving even Clitus to dislike this, and himself thinking it horrid and barbarous, said, “When we catch that slave, Callimedon, men of Athens, we will put him to the rack, but I shall make no motion of the kind in Phocion’s case.” Upon which one of the better citizens remarked, he was quite right; “If we should torture Phocion, what could we do to you?” So the form of the bill was approved of, and the show of hands called for; upon which, not one man retaining his seat, but all rising up, and some with garlands on their heads, they condemned them all to death.

There were present with Phocion, Nicocles, Thudippus, Hegemon, and Pythocles. Demetrius the Phalerian, Callimedon, Charicles, and some others, were included in the condemnation, being absent.

After the assembly was dismissed, they were carried to the prison; the rest with cries and lamentations, their friends and relatives following; and clinging about them, but Phocion looking (as men observed with astonishment at his calmness and magnanimity) just the same as when he had been used to return to his home attended, as general, from the assembly. His enemies ran along by his side, reviling and abusing him. And one of them coming up to him, spat in his face; at which Phocion, turning to the officers, only said, “You should stop this indecency.” Thudippus, on their reaching the prison, when he observed the executioner tempering the poison and preparing it for them, gave way to his passion, and began to bemoan his condition and the hard measure he received, thus unjustly to suffer with Phocion. “You cannot be contented,” said he, “to die with Phocion?” One of his friends that stood by, asked him if he wished to have anything said to his son. “Yes, by all means,” said he, “bid him bear no grudge against the Athenians.” Then Nicocles, the dearest and most faithful of his friends, begged to be allowed to drink the poison first. “My friend,” said he, “you ask what I am loath and sorrowful to give, but as I never yet in all my life was so thankless as to refuse you, I must gratify you in this also.” After they had all drunk of it, the poison ran short; and the executioner refused to prepare more, except they would pay him twelve drachmas, to defray the cost of the quantity required. Some delay was made, and time spent, when Phocion called one of his friends, and observing that a man could not even die at Athens without paying for it, requested him to give the sum.

It was the nineteenth day of the month Munychion, on which it was the usage to have a solemn procession in the city, in honor of Jupiter. The horsemen, as they passed by, some of them threw away their garlands, others stopped, weeping, and casting sorrowful looks towards the prison doors, and all the citizens whose minds were not absolutely debauched by spite and passion, or who had any humanity left, acknowledged it to have been most impiously done, not, at least, to let that day pass, and the city so be kept pure from death and a public execution at the solemn festival. But as if this triumph had been insufficient, the malice of Phocion’s enemies went yet further; his dead body was excluded from burial within the boundaries of the country, and none of the Athenians could light a funeral pile to burn the corpse; neither durst any of his friends venture to concern themselves about it. A certain Conopion, a man who used to do these offices for hire, took the body and carried it beyond Eleusis, and procuring fire from over the frontier of Megara, burned it. Phocion’s wife, with her servant-maids, being present and assisting at the solemnity, raised there an empty tomb, and performed the customary libations, and gathering up the bones in her lap, and bringing them home by night, dug a place for them by the fireside in her house, saying, “Blessed hearth, to your custody I commit the remains of a good and brave man; and, I beseech you, protect and restore them to the sepulcher of his fathers, when the Athenians return to their right minds.”

And, indeed, a very little time and their own sad experience soon informed them what an excellent governor, and how great an example and guardian of justice and of temperance they had bereft themselves of. And now they decreed him a statue of brass, and his bones to be buried honorably at the public charge; and for his accusers, Agnonides they took themselves, and caused him to be put to death. Epicurus and Demophilus, who fled from the city for fear, his son met with, and took his revenge upon them. This son of his, we are told, was in general of an indifferent character, and once, when enamored of a slave girl kept by a common harlot merchant, happened to hear Theodorus, the atheist, arguing in the Lyceum, that if it were a good and honorable thing to buy the freedom of a friend in the masculine, why not also of a friend in the feminine, if, for example, a master, why not also a mistress? So putting the good argument and his passion together, he went off and purchased the girl’s freedom. The death which was thus suffered by Phocion, revived among the Greeks the memory of that of Socrates, the two cases being so similar, and both equally the sad fault and misfortune of the city.

CATO THE YOUNGER