Against Agoratus: In Pursuance of a Writ

Lysias

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

Theramenes arrived later from Lacedaemon. Then some of the generals and commanders—among them Strombichides[*](An Athenian general at the close of the Peloponnesian War; cf. Thuc. 8.15, 30, 62.) and Dionysodorus, and some other citizens, who were loyal to you, as indeed they showed later—went to him and protested strongly.

For he had brought to us a peace whose nature we had learnt through the lessons of experience, since we had lost a great number of worthy citizens, and had ourselves been banished by the Thirty. Instead of a breach of ten stades’ length in the Long Walls, its terms required the razing of the Long Walls in their entirety; and instead of his contriving to get some additional boon for the city, we were to surrender our ships and dismantle the wall around the Peiraeus.

These men perceived that, although nominally we had the promise of peace, in actual fact it was the dissolution of the democracy, and they refused to authorize such a proceeding: their motive was not pity, men of Athens, for the walls that were to come down, or regret for the fleet that was to be surrendered to the Lacedaemonians,—for they had no closer concern in these than each one of you,—

but they could see that this would be the means of subverting your democracy; nor were they lacking, as some declare, in eagerness for the conclusion of peace, but they desired to arrange a better peace than this for the Athenian people. They believed that they would be able to do it, and they would have succeeded, had they not been destroyed by this man Agoratus.

Theramenes and the others who were intriguing against you took note of the fact that there were some men proposing to prevent the subversion of the democracy and to make a stand for the defence of freedom; so they resolved, before the Assembly met to consider the peace, to involve these men first in calumnious prosecutions, in order that there should be none to take up the defence of your people at the meeting. Now, let me tell you the scheme that they laid.

They persuaded Agoratus here to act as informer against the generals and commanders; not that he was their accomplice, men of Athens, in anyway,—for I presume they were not so foolish and friendless that for such important business they would have called in Agoratus, born and bred a slave, as their trusty ally; they rather regarded him as a serviceable informer. Their desire was that he could seem to inform unwillingly, instead of willingly, so that the information should appear more trustworthy.

But he gave it willingly, as I think you will perceive for yourselves from what has since occurred. For they sent into the Council Theocritus, the man called the son of Elaphostictus[*](Deermark; from some birth-mark of tattoo, indicating a foreign or servile origin.): this Theocritus was a comrade and intimate of Agoratus. The Council which held session before the time of the Thirty had been corrupted, and its appetite for oligarchy, as you know, was very keen.

For proof of it you have the fact that the majority of that Council had seats in the subsequent Council under the Thirty. And what is my reason for making these remarks to you? That you may know that the decrees issued by that Council were all designed, not in loyalty to you, but for the subversion of your democracy, and that you may study them as thus exposed.

Theocritus entered this Council, and behind closed doors he informed them that certain persons were combining to oppose the system then being instituted. He declined, however, to give their several names, as he was bound by the same oaths as they were, and there were others who would give the names: he would never do it himself.

Yet, if his information was not laid by arrangement, surely the Council could have compelled Theocritus to give the names, instead of laying the information with no names given. But in fact, here is the decree that they voted:— [*](Ordering the arrest of Agoratus.)

DecreeNow when this decree had been passed, the councillors appointed for the purpose went down to the Peiraeus to find Agoratus: they lighted on him in the market, and sought to take him off. On the spot were Nicias, Nicomenes and some others, who, seeing that the business was not going very successfully in the city, refused to allow Agoratus to be taken: they were for releasing him and giving bail, and undertook to produce him before the Council.

The councillors, having duly noted the names of those who tendered bail and stopped the arrest, went off to town. Then Agoratus and his sureties seated themselves at the altar on Munichia.[*](The citadel on the east side of the Peiraeus, containing an altar of Artemis.) Seated there, they debated the question of what should be done. The sureties and everyone else were of opinion that they should get Agoratus out of the way as quickly as possible, and having brought two vessels alongside they begged him at all costs to quit Athens,

and said that they would themselves accompany him on the voyage until affairs should get settled; they argued that if he were brought up before the Council he would be put to the torture, and would perhaps be compelled to give the names of such Athenians as might be suggested by those who were bent on working some mischief in the city.

Although they thus entreated him, and had provided vessels, and were ready themselves to accompany him on the voyage, this man Agoratus refused to take their advice. And yet, Agoratus, unless there had been some prearrangement with you, such as to assure you that you would come to no harm, how could you have failed to make off, when there were vessels provided, and your sureties were ready to accompany you on the voyage? It was still possible for you: the Council had not yet got you in their hands.

Nay, indeed, you were not in nearly so good a case as your friends: in the first place, they were Athenians, and so were not in fear of being tortured; and in the second, they were ready to resign their own native land and go on the voyage with you, because they felt that there was more to be gained by this than by your unjust destruction of a large number of good citizens. But you, first of all, were in danger of being tortured if you stayed where you were; and secondly, you would not have been parting from your own native land.

So in every view it was more to your interest to go on a voyage than it was to theirs, unless you had something to give you assurance. But now you pretend that you acted unwillingly, though you willingly put to death a large number of good Athenians. To show how all that I have recounted was done by prearrangement I have witnesses; and the very decree of the Council will testify against you.

WitnessesDecreeNow when this decree had been passed, and the councillors had arrived at Munichia, Agoratus of his own free will arose from the altar: yet he now says that he was taken away by force.