Against Agoratus: In Pursuance of a Writ

Decree[*](These were decrees passed by the people in gratitude to the slayers of Phrynichus, who were granted full civic rights in the form That so-and-so be an Athenian.)But yet, this man had so much contempt for you that although he was not an Athenian he took his seat in the law-court, and in the Assembly, and made impeachments of every conceivable kind, giving in his name with the addition—of Anagyra.[*](A district on the west coast of Attica.) And besides, I have further good evidence against his having killed Phrynichus,—an act for which he claims to have been made an Athenian: this Phrynichus established the Four Hundred; after his death, most of the Four Hundred fled.

Do you then believe that the Thirty and the Council in session at that time, who were themselves all members of the Four Hundred who had fled, would have let off the slayer of Phrynichus when they had hold of him, instead of taking vengeance on him for Phrynichus and the exile they had suffered?

In my opinion, they would have taken vengeance on him. Now, if he is pretending, as I assert,to be the slayer of Phrynichus when he is not, he is guilty there; while if you, sir, dispute this, and declare that you did kill Phrynichus, it is evident that you must have done yet greater injuries to the Athenian people so as to redeem, in the eyes of the Thirty, the blame for Phrynichus’s death. For you will never persuade anyone at all that after killing Phrynichus you would have been let off by the Thirty, unless you had inflicted great and irremediable injuries upon the Athenian people.

Hence, if he asserts that he killed Phrynichus, remember my words and take vengeance on this man for what he has done: if he disclaims it, ask him on what grounds he alleges that he was made an Athenian. If he fails to prove it, punish him for making use of his assumed title of Athenian to sit in both law-court and Assembly, and to bring slanderous charges against so many persons.

I am told that he is concocting for his defence the plea that he went off to Phyle, and was in the party that returned from Phyle, and that this is the mainstay of his case. But the facts were as I shall relate. This man did go to Phyle; yet, could there be an example of more abject vileness? For he knew that at Phyle there were some of those who had been banished by him, and he had the face to approach them!

As soon as they saw him they laid hold of him and dragged him straight away to be killed in the place where they executed ordinary pirates or robbers that fell into their hands. Anytus, who was the general, said that they ought not to do that, on the ground that they were not yet in a position to punish certain of their enemies: at that moment they should rather keep quiet. If ever they returned home, they would then proceed to punish the guilty.

By that speech he was the cause of this man’s escape at Phyle: it was necessary to obey a man in the position of general, if they were to preserve themselves. Nay, further, you will find no one who has shared either this man’s table or his tent, nor did the commander assign him a place in his tribe[*](There was one taxiarch for each of the ten tribes, whose ranks were formed by him.); to all he was a polluted person with whom they would not talk. Please call the commander.

EvidenceWhen they had reached their mutual agreement, and the Peiraeus party made their procession to the citadel,[*](i.e., to the temple of Athene on the Acropolis.) they were led by Aesimus; but there too this man showed similar audacity. For he followed along under arms, joining in the procession with the heavy-armed men to the city.

But when they were close to the gates, and grounded arms before entering the city, Aesimus perceived him and went up to him, seized his shield, and flung it away, with the order—Be off, crows’ meat! A murderer like you must not join in the procession to Athene. This was the way in which he was driven off by Aesimus; and I will produce witnesses to the truth of my statement.

WitnessesThese were the real relations, gentlemen, that he had with the heavy-armed troops, both at Phyle and in the Peiraeus. Nobody would speak to him, as a known murderer, and Anytus was the cause of his escape from death. If, therefore, he makes use of his journey to Phyle as a plea in his defence, you must retort with the question whether Anytus was the cause of his escape from death when they were ready to do justice upon him, and whether Aesimus flung away his shield and forbade him to join in the procession.

You must not accept that plea from him, nor this one either, if he should urge it,—that we are exacting the penalty a long time after the offence. For I do not think there is any statute of limitations[*](See note on Lys. 7.17.) for such crimes as his: my opinion rather is that, whether brought to his account immediately or after some time, this man must prove that he has not done the things that form the subject of the charge.

Let him therefore satisfy us, either that he did not cause the death of those men, or that he did so with justice because they were doing a mischief to the Athenian people. But if we are late in punishing where we ought to have punished long ago, he is a gainer by the time in which he lived illicitly, while those men have none the less suffered death by his act.