On the Murder of Eratosthenes

Lysias

Lysias. Lamb, W.R.M., translator. Cambridge, MA: Harvard University Press; London: William Heinemann Ltd., 1930.

When her tale was all told, I said,—Well now, see that nobody in the world gets knowledge of this; otherwise, nothing in your arrangement with me will hold good. And I require that you show me their guilt in the very act; I want no words, but manifestation of the fact, if it really is so. She agreed to do this.

Then came an interval of four or five days--- as I shall bring strong evidence to show. But first I wish to relate what took place on the last day. I had an intimate friend named Sostratus. After sunset I met him coming from the country. As I knew that, arriving at that hour, he would find none of his circle at home, I invited him to dine with me; we came to my house, mounted to the upper room, and had dinner.

When he had made a good meal, he left me and departed; then I went to bed. Eratosthenes, sirs, entered, and the maid-servant roused me at once, and told me that he was in the house. Bidding her look after the door, I descended and went out in silence; I called on one friend and another, and found some of them at home, while others were out of town.

I took with me as many as I could among those who were there, and so came along. Then we got torches from the nearest shop, and went in; the door was open, as the girl had it in readiness. We pushed open the door of the bedroom, and the first of us to enter were in time to see him lying down by my wife; those who followed saw him standing naked on the bed.

I gave him a blow, sirs, which knocked him down, and pulling round his two hands behind his back, and tying them, I asked him why he had the insolence to enter my house. He admitted his guilt; then he besought and implored me not to kill him, but to exact a sum of money.

To this I replied, It is not I who am going to kill you, but our city’s law, which you have transgressed and regarded as of less account than your pleasures, choosing rather to commit this foul offence against my wife and my children than to obey the laws like a decent person.

Thus it was, sirs, that this man incurred the fate that the laws ordain for those who do such things; he had not been dragged in there from the street, nor had he taken refuge at my hearth, [*](The hearth in a Greek house retained its primitive sanctity as a center of the family religion, and it would be sacrilege to kill anyone there.) as these people say. For how could it be so, when it was in the bedroom that he was struck and fell down then and there, and I pinioned his arms, and so many persons were in the house that he could not make his escape, as he had neither steel nor wood nor anything else with which he might have beaten off those who had entered?

But, sirs, I think you know as well as I that those whose acts are against justice do not acknowledge that their enemies speak the truth, but lie themselves and use other such devices to foment anger in their hearers against those whose acts are just. So, first read the law.

LawHe did not dispute it, sirs: he acknowledged his guilt, and besought and implored that he might not be killed, and was ready to pay compensation in money. But I would not agree to his estimate, as I held that our city’s law should have higher authority; and I obtained that satisfaction which you deemed most just when you imposed it on those who adopt such courses. Now, let my witnesses come forward in support of these statements.

WitnessesRead out also, please, that law from the pillar in the Areopagus.

LawYou hear, sirs, how the Court of the Areopagus itself, to which has been assigned, in our own as in our fathers’ time, the trial of suits for murder, has expressly stated that whoever takes this vengeance on an adulterer caught in the act with his spouse shall not be convicted of murder.