Phocion

A guard was now placed about Phocion and his associates, and at sight of this all of his friends who were standing at some remove covered up their faces and sought safety in flight. Phocion and his party, however, were taken back to Athens by Cleitus, ostensibly to be tried, but really under sentence of death.

And besides, the manner of their return to the city was shameful, for they were carried on waggons through the Cerameicus to the theatre. For thither Cleitus brought them and there he kept them, until the magistrates had made up an assembly, from which they excluded neither slave, foreigner, nor disfranchised person, but allowed all alike, both men and women, free access to theatre and tribunal.

After the letter of the king had been read aloud, in which he said that according to his judgement the men were traitors, but that their fellow citizens, who were freemen and self-governing, should pronounce sentence upon them, Cleitus led the men in. Then the best of the citizens, at sight of Phocion, covered their faces, bent their heads, and wept. One of them, however, rose up and had the courage to say that, since the king had put a case of such importance into the hands of the people, it were well that slaves and foreigners should leave the assembly.

This the multitude would not tolerate, but cried out to stone the oligarchs and haters of the people. Therefore no one else undertook to speak in behalf of Phocion, but he himself, with great difficulty, at last made himself heard, saying: Do ye wish to put us to death unjustly or justly? And when some answered, Justly, he said: And how will ye determine this without hearing me?

But they were not a whit more willing to hear him, and therefore, drawing nearer, he said: I admit my own guilt, and I assign death as the penalty[*](In cases where the penalty was not fixed by law, the accuser proposed a penalty, and the accused had the right to propose a counter-penalty. The court then chose between the two penalties. Phocion waived all the advantage of this right, as Socrates, in a different way, had done.) for my political conduct; but these men with me, men of Athens, are not guilty at all, and why will ye put them to death? Because they are thy friends, answered many, whereat Phocion retired and held his peace. But Hagnonides read aloud an edict which he had prepared, in accordance with which the people were to vote by show of hands whether they thought the men to be guilty, and the men, if the show of hands was against them, were to be put to death.