Lysias 1, “Defense Speech Concerning the Murder of Eratosthenes” (ΥΠΕΡ ΤΟΥ ΕΡΑΤΟΣΘΕΝΟΥΣ ΦΟΝΟΥ ΑΠΟΛΟΓΙΑ)

translated by John Bauschatz, 2016,
from the Greek of the 2007 Oxford Classical Text edition of Christopher Carey

free to use and distribute for non-commercial purposes with acknowledgement of the translator

[1] I would consider it of great value, men, for you to be jurors of such a sort for me concerning this matter, as you yourselves would be for yourselves, if you had suffered such things; for I know well that, if you should have the same opinion concerning others as you have about yourselves, there would not be anyone who would not become angry at what has happened, but all would consider the penalties to be small in the case of those who do such things.

[2] And not only among you would these things be considered in this way, but also in all of Greece: for concerning this type of wrongdoing alone, both in a democracy and in an oligarchy, the same vengeance has been granted to the weakest against those capable of the greatest things, so as for the lowliest man to obtain the same things as the man of the greatest means. Thus, men, do all consider this type of outrage to be the most terrible.

[3] Therefore, concerning the severity of the crime, I think that all of you have the same opinion, and that there is no one so neglectful that he thinks it is necessary to find forgiveness, or who thinks that those guilty of such deeds deserve a small punishment.

[4] But I think, men, that it is necessary for me to demonstrate this: that Eratosthenes was committing adultery with my wife, and that he ruined her, and that he disgraced my children, and that he committed outrage against me by coming into my home; and that there was no enmity between him and me, save for this enmity; and that I did not do these things for the sake of money—so that I might move from poverty to wealth—nor for any other gain, save for vengeance in accordance with the laws.

[5] I, then, will explain all of my affairs to you from the beginning, leaving nothing out, but telling the truth; for I consider this alone to be salvation for me, if I am able to tell you everything that was done.

[6] For I, Athenians, when it seemed best to me to marry, and I took a wife into my home, at first I was so disposed as to neither vex her, nor to be to much under her power with regard to what she wanted to do; but I was watching over her as much as was possible, and I paid attention to her as much as was appropriate. But when we had a child, I was already trusting her and handed over to her all of my belongings, believing that she was extremely close to me.

[7] In that initial period, then, Athenians, she was the best of women: for she was a shrewd house-minder, and thrifty, and saw to everything with precision; but when my mother died—my mother who, in dying, has become the cause of all my misfortunes—

[8] at her funeral, my wife, while attending on her, seen by that man, was corrupted in time; for he, watching out for the slave girl, the one commonly going to and from the marketplace, and speaking to her, he destroyed her.

[9] First of all, then, men—for I also must explain this to you—I have a small house, double in nature, divided equally between the men’s quarters downstairs and the women’s quarters upstairs. After we had our child, his mother was breastfeeding him; and so that she might not run the risk of falling down the stairs whenever it was necessary for him to be bathed, I was sleeping upstairs, and the women downstairs.

[10] And this had already become so customary that my wife was regularly going downstairs to sleep with the child, so that she might feed him and he might not cry. These things happened in this way for a long time, and I was never suspicious, but I was so naïve as to believe that my wife was the most temperate woman in the city.

[11] Time went by, men, and I came back unexpectedly from the countryside. After dinner, the child began to wail and fuss, being intentionally harassed by the slave girl so that he might do this: for that man was inside. (I found out all of this later.)

[12] I told my wife to go and feed the child, so that he might stop crying. At first she didn’t want to, pretending to be glad to see me back after so long; but when I started to get angry, and I ordered her to go, she said, “So that you can have a go at the slave girl here? For before, when you were drunk, you tried to drag her off!”

[13] And I started to laugh, and she, standing up and going off, closed the door, pretending to play, and drew the bolt; and I, thinking nothing of any of this, and not being suspicious, went to bed happy, having come back from the countryside.

[14] When it was around dawn, she came and opened the door. When I asked her why the doors had banged that night, she claimed that the lamp next to the child had gone out, and that she had gotten a light from the neighbors. I was silent and believed that these things were so. But it seemed to me, men, that she had made up her face, though her brother had not yet been dead thirty days. Even so, saying nothing about the matter, going out I left in silence.

[15] After these things, men, time went by and I put my misfortunes behind me. A certain old slave woman approached me, sent secretly by a woman whom that man was seducing, as I heard later; and this woman, growing angry and believing that she was being wronged, since he no longer came to visit her in like manner as before, was keeping watch until she discovered what the reason was.

[16] So the slave woman, keeping a lookout near my house, approached me and said, “Euphiletos, understand that I have come to you with no meddlesome intent. For the man committing outrage against you and your wife happens to be our enemy. If you take the slave girl who goes into the marketplace and serves you, and you torture her, you will learn everything. Eratosthenes of the deme Oë is the man who is doing these things. He has not only corrupted your wife, but also many others: for he has this as a skill.”

[17] After she said these things, men, she left; and I was immediately thrown into confusion, and all of my affairs were coming to mind, and I was filled with suspicion, reflecting that I was locked in the bedroom, and remembering that on that night the doors to the inner courtyard and the outer courtyard had made noises—something which had never happened—and my wife seemed to me to have had makeup on. All of these things were coming into my mind, and I was filled with suspicion.

[18] Returning home, I ordered the slave girl to follow me into the marketplace; and leading her to the home of one of my friends, I told her that I had discovered everything that had happened in the house. “You, then,” I said, “can pick whichever of two things you want: either to be whipped and thrown into the mill, and to never cease being oppressed by such ills, or to tell the whole truth and suffer nothing bad, but instead obtain forgiveness from me for your transgressions.

[19] “Do not lie, but tell the whole truth.” And she, at first, denied it, and told me to do whatever I wanted—for she knew nothing; but when I mentioned Eratosthenes to her, and said that he was the one visiting my wife, she was awestruck, believing that I knew everything precisely; and then, already having fallen at my knees, and receiving a guarantee from me that she would suffer nothing bad,

[20] she alleged, first, that he approached her after the funeral, and, next, that in the end she herself had acted as the go-between, and that in time my wife was persuaded; and she indicated the ways in which she arranged his entrances, and alleged that at the Thesmophoria, while I was in the countryside, my wife went into the temple with his mother; and she also explained all the other things that happened precisely.

[21] After she had said all of this, I said, “Don't let anyone find out about this; if you do, none of the agreements we have made will be valid. I need you to show me these things in the act; for I have no need of words, but I do need the deed to become manifest, if really it is so.” And she agreed that she would do this.

[22] After this, four or five days passed, as I shall demonstrate to you with great proofs. But first I want to explain what was done on the last day. Sostratos was near and dear to me. I met up with him after sundown as he came from the countryside. Knowing that he would find none of his intimates at home, since he was arriving so late, I invited him to dine with me. Heading back to my home and ascending to the upper storey, we ate.

[23] When he had had his fill, he left and I went to bed. But Eratosthenes, men, entered; and the slave girl, waking me up right away, indicated that he was inside. Telling her to watch over the door, I headed downstairs went out in silence; and I went to one man’s home and another’s, and found that some were in, while others were not in town.

[24] Taking as many as possible from among those present, I started out; and taking torches from a nearby inn, we entered the house, with the door opened and made ready by the slave girl. Opening the door of the bedroom, we, the first to enter, saw him still lying next to my wife, while those who entered subsequently saw him standing naked on the bed.

[25] I, men, striking him, knocked him down; and twisting his hands behind his back and tying them, I asked him why he was committing outrage by coming into my house. And he agreed that he was doing wrong, but begged and pleaded that I not kill him, but accept money instead.

[26] And I said, “It is not I who will kill you, but the law of this city, which you, transgressing, considered worth less than your pleasures. You chose to commit such a wrong against my wife and children, rather than to obey the laws and be decent.”

[27] And so, men, that man obtained what the laws command that men doing such things obtain, and not after he had been snatched in from the street or had fled to the hearth, as these men claim. For how could a man do so, a man who, after being struck in the bedroom, immediately fell? I spun his hands around, and there were inside so many men that he would not have been able to escape them, even if he had had iron or wood or anything else with which to ward off the attackers.

[28] But, men, I think that you know that people who do not behave justly do not agree that their enemies tell the truth; but they themselves, lying and fabricating such things, arouse anger in their listeners against those who behave justly. First, therefore, read the law.

The law is read.

[29] He was not disputing, men, but was agreeing that he was doing wrong, and he was begging and pleading that he not die, and was prepared to pay money. I did not agree with his punishment, but considered that the law of the city was more authoritative, and I took this justice which you enjoined against those who engage in such practices, believing that it is most fitting. Witnesses of these events, please step up on my behalf.

The witnesses are heard.

[30] And read for me also this law, the one from the stele on the Areopagos.

The law is read.

You hear, men, that by the court of the Areopagos itself, to which—both traditionally and in the present age—judgment in cases of murder has been granted, it has been expressly forbidden to pronounce a sentence of murder on any man who takes this vengeance after finding an adulterer with his wife.

[31] And so very much did the lawgiver believe that these things were just in the case of married women, that also in the case of concubines, who are of lesser worth, he applied the same penalty. Indeed it is clear that, if he had had some punishment greater than this in the case of married women, he would have applied it; but as it was, not being able to find one more severe in their case, he thought it right that the same penalty also apply in the case of concubines. Read for me also this law.

The law is read.

[32] You hear, men, that it commands that, if someone forcefully disgraces a free man or child, he owes a double penalty; but if a woman—in whose case it is permitted to kill—he is bound by the same conditions. Thus, men, he considered those who use force to be deserving of a lesser penalty than those who use persuasion: for against the latter he pronounced a sentence of death,

[33] but for the former he made the penalty double, believing that those who get what they want through force are hated by those whom they abuse, but that those who use persuasion so corrupt their souls as to make men’s wives more dear to them than to their husbands, and to place the entire household under their control, and to make the children uncertain—that is, whether they belong to the husbands or the adulterers. For these reasons the lawgiver made death their penalty.

[34] Accordingly, men, not only have the laws acquitted me of wrongdoing, but they have also ordered me to take this justice; it is up to you to decide whether these laws ought to be powerful or worthless.

[35] For I think that all cities establish laws for this reason: so that, whenever we are at a loss about certain matters, we may come to them and examine what must be done. And they urge those who are wronged to take this kind of justice in these sorts of instances.

[36] I ask that you hold the same opinion. If not, you will create such freedom from fear in adulterers that you will embolden even thieves to say that they are adulterers, knowing well that, if they cite this reason in their cases, and say that for this purpose they go into the homes of other men, not one of them will be caught. For all will know that one must bid farewell to the laws on adultery, but fear your vote; for the latter is most authoritative over everything in the city.

[37] But consider, men: they allege that I ordered the handmaid to go after the young man on that day. I, on the other hand, men, would think that I was acting justly in capturing in any way whatsoever the man who corrupted my wife.

[38] For if I ordered her to go after him when words had been spoken, but no deed had yet occurred, I would be doing wrong; but if I were going after him in any way whatsoever when everything had already been done and he had come into my house many times, I would think that I was being prudent.

[39] And consider that they are also lying about the following. You will know easily from what I am about to say. For Sostratos, men, being near and dear to me, as I have already noted, and meeting up with me as he was coming from the countryside around sunset, dined with me; and when he had had his fill, he left. First of all, then, men, consider this:

[40] whether, if on that night I were plotting against Eratosthenes, it would have been better for me to dine someplace else, or to invite someone in to dine with me. For in the latter case, he would have been less likely to enter the house. Further, does it seem likely to you that I, after sending my dinner guest home, would have been left behind alone, all by myself, rather than that I would have asked him to stay, so that he might take vengeance on the adulterer with me?

[41] And then, men, does it not seem likely to you that I would have called upon my friends to help me during the day, and told them to assemble at the home of one of my friends most nearby, rather than running around at night as soon as I found out, not knowing whom I would find at home, and whom outside? And I went to the home of Harmodios and another man, but they were not in town—for I had no idea—and I found that others were not in; but taking those whom I was able, I started out.

[42] And further, if I had known in advance, does it not seem to you that I would have readied servants and summoned my friends, so that I might go in as safely as possible—for how did I know whether he had some iron implement?—so that, with the greatest number of witnesses, I might take my vengeance? But, in fact, having no idea about what would happen that night, I took along those whom I was able to take. My witnesses to these events, please take the stand.

The witnesses are heard.

[43] You have heard the witnesses, men. But consider among yourselves in the following fashion about the matter, seeking whether any enmity has ever existed between me and Eratosthenes, save for this one. You will find none.

[44] For he did not bring private suits against me maliciously, nor did he try to get me exiled from the city, nor did he bring public accusations against me, nor did he know anything bad about me, for which—fearing that someone would find out—I desired to destroy him, nor if I should accomplish this did I desire to get money from someplace: for some people plot death against each other for such reasons.

[45] In fact, it was so far from the case that we had abused each other, or fought while drunk, or had any other disagreement that I had never even seen the man before that night. So seeking what would I be running this kind of a risk, unless I had suffered the greatest of wrongs at his hands?

[46] And further, after summoning witnesses, was I acting impiously, when it was possible for me—if I were desiring to destroy him unjustly—to have no one know about this business?

[47] I, then, men, do not think that this vengeance was taken privately, and on behalf of me, but on behalf of the entire city; for those who do such things, seeing how great the prizes are for wrongdoing of this kind, will transgress less frequently against others if they see that you, also, have the same opinion.

[48] But if not, it is much better to erase the existing laws and to establish others which will punish those who guard their own wives, but create much freedom from fear for those seeking to wrong them.

[49] For this would be much more just than for the citizens to be ambushed by the laws, which bid someone who catches an adulterer to treat him however he wants; but the trials are more dangerous for those who are wronged than for those who disgrace the wives of other men against the laws.

[50] For now I am in danger of my life and my property and everything else, because I obeyed the laws of the city.