Against Eratosthenes, who had been One of the Thirty: Spoken by Lysias Himself

Such is the accusation against Eratosthenes and those friends of his, on whom he will fall back in his defence, as his abettors in these practices. Yet it is an unequal contest between the city and Eratosthenes: for whereas he was at once accuser and judge of the persons brought to trial, we to-day are parties engaged in accusation and defence.

And whereas these men put people to death untried who were guilty of no wrong, you think fit to try according to law the persons who destroyed the city, and whose punishment by you, even if unlawfully devised, would still be inadequate to the wrongs that they have committed against the city. For what would they have to suffer, if their punishment should be adequate to their actions?

If you put them and their children to death, should we sufficiently punish them for the murder of our fathers, sons and brothers whom they put to death untried? Or again, if you confiscated their material property, would this be compensation either to the city for all that they have taken from her, or to individuals for the houses that they pillaged?

Since therefore, whatever you might do, you could not exact from them an adequate penalty, would it not be shameful of you to disallow any possible sort of penalty that a man might desire to exact from these persons? But, I believe, he would have the audacity for anything, when he has come here today, before judges who are no other than the very persons who have been maltreated, to submit his defence to the actual witnesses of the man’s own villainy: so profound is either the contempt that he has conceived for you or the confidence that he has placed in others.

For both possibilities you ought to be on the watch, reflecting that, as they would have been unable to do what they did without the cooperation of others, so they would not now have ventured into court unless they expected to be saved by those same persons who have come here, not to support these men, but in the belief that there will be a general indemnity alike for their past actions and for whatever they may want to do in the future, if you let slip from your grasp the authors of our direst misery.

But you may well wonder, besides, whether those who intend to take their part will petition you in the character of loyal gentlemen, making out that their own merit outweighs the villainy of these men,—though I could have wished them as zealous for the salvation of the State as these men were for its destruction, or whether they will rely on their skilful oratory for putting in a defence and making out that the actions of their friends are estimable. Yet on your behalf not one of them has ever attempted to mention merely your just rights.

Now it is worth observing how the witnesses, in testifying for these men, accuse themselves: they take you to be singularly forgetful and simple, if they believe that by means of you, the people, they will save the Thirty with impunity, when owing to Eratosthenes and his partners in power it was dangerous even to conduct funerals of the dead.

Yet these men, if they escape, will be able again to destroy the city; whereas those whom they destroyed, having lost their lives, can no longer look for satisfaction from their enemies. Then is it not monstrous that the friends of those who have been unjustly put to death were destroyed with them, and yet the very men who destroyed the city will have many people, I imagine, to conduct their funerals, since so many are making efforts to shield them?

Moreover, I am sure it was far easier to speak in opposition to them on the subject of your sufferings than it is now in defence of what they have done. We are told, indeed, that of the Thirty Eratosthenes has done the least harm, and it is claimed that on this ground he should escape; but is it not felt that for having committed more offences against you than all the other Greeks he ought to be destroyed?

It is for you to show what view you take of those practices. If you condemn this man, you will declare your indignation at the things that have been done; but if you acquit him, you will be recognized as aspirants to the same conduct as theirs, and you will be unable to say that you are carrying out the injunctions of the Thirty,

since nobody today is compelling you to vote against your judgement. So I counsel you not to condemn yourselves by acquitting them. Nor should you suppose that your voting is in secret for you will make your judgement manifest to the city.

But before I step down, I desire to recall a few facts to the minds of both parties that of the town and that of the Peiraeus—in order that you may take warning from the disasters brought upon you through the agency of these men, before you give your vote. In the first place, all you of the town party should consider that you were so oppressed by the rule of these men that you were compelled to wage against your brothers, your sons and your fellow-citizens a strange warfare in which your defeat has given you equal rights with the victors, whereas your victory would have made you the slaves of these men.

They have enlarged their private establishments by means of their public conduct, while you find your’s reduced by your warfare against each other: for they did not permit you to share their advantages, though they compelled you to share their ill-fame; and they carried disdain so far that, instead of enlisting your fidelity by a communication of their benefits, they thought to ensure your sympathy by a partnership in their scandals.

In return, now that you feel secure, go to the limit of your powers, on your own behalf as on that of the Peiraeus party, in taking your vengeance. Reflect that in these men you found the most villainous of rulers; reflect that you now have the best men with you in tenure of our civic rights, in fighting the enemy, and in deliberating on affairs of State and remember the auxiliaries[*](The guard of 700 mercenary troops sent in by Sparta to assist the Thirty.) whom these men stationed in the Acropolis as guardians of their dominion and of your slavery.

I have much else to say to you, but I will say no more. And all you of the Peiraeus party, remember first the matter of the arms,—how after fighting many battles on foreign soil you were deprived of your arms, not by the enemy, but by these men, in a time of peace; and next, that you were formally banished from the city which your fathers bequeathed to you, and when you were in exile they demanded your persons from the various cities.

In return you should feel the same anger as when you were exiles, and remember besides the other injuries that you suffered from these men, who with violent hands snatched some from the market-place, and some from the temples, and put them to death; while others they tore from their children, their parents and their wives, and compelled to self-slaughter, and then did not even allow them to be given the customary burial, conceiving their own authority to be proof against the vengeance of Heaven.

As many as escaped death encountered danger in many places, and wandered to many cities, and were banished from each refuge: in want of subsistence, having left behind you your children either in your native land, now turned hostile, or else on foreign soil, you came, despite many adversities, to the Peiraeus. Beset by many great perils, you proved yourselves men of true valor, and liberated one party while restoring the other to their native land.

If you had been unfortunate, and had failed of these achievements, in your turn you would have gone into exile through fear of more afflictions like the past, and owing to the methods of these men you would have found no shelter from your wrongs in either temples or altars, where even wrongdoers are secure. Of your children, as many as were here would have been foully assaulted by these men, while those in foreign parts would have been enslaved for petty debts, cut off from all possible assistance.

But I have no wish to speak of things that might have befallen, when I find myself unable to recount what these men have actually done: that is a task, not for one accuser, nor for two, but for many. Nevertheless, of zeal on my part there has been no lack in defence of the temples which these men have either sold or defiled by their presence; in defence of the city which they abased; on behalf of the arsenals, which they demolished; and on behalf of the dead, whom you were unable to protect in life, and must therefore vindicate in death.

I fancy that they are listening to us, and will know you by the vote that you give; they will feel that those of you who acquit these men will have passed sentence of death on them, while those who inflict the merited penalty will have acted as their avengers. I will here conclude my accusation. You have heard, you have seen, you have suffered; you have them: give judgement.