Theramenes objected to the new constitution, both on account of the small number of the privileged body, and its arbitrary limitation, which would show that the selection did not proceed upon any ground of merit.
Since they meant to govern by force, it was impolitic, he said, to establish such a disproportion between their strength and that of the governed. His objections were overruled, but not wholly neglected. They perhaps suggested the precaution which was immediately afterwards adopted. Under pretext of a review all the citizens were deprived of their arms, except the knights, and the Three Thousand, who were thus enabled to cope with the rest. The Thirty now believed themselves completely secure, and grew more and more reckless in the indulgence of their rapacity and cruelty. In the low state to which the Athenian finances were reduced, the maintenance of the garrison was a burden which they found it difficult to support; and, among other extraordinary means of raising supplies, it appears that they resorted to the spoliation of the temples. But this was an expedient which probably required some caution and secrecy, and which could not be carried beyond certain limits. One which perhaps appeared both safer and more productive was suggested by Piso and Theognis, two of their number, who observed that several of the resident aliens were known to be ill-affected to the oligarchy, and thus afforded a pretext for plundering the whole class.
They therefore made the proposition that each of the Thirty should have one of the wealthy aliens assigned to him, should put him to death, and take possession of his property. Theramenes very truly remarked, that the sycophants who had rendered the democracy odious to many, had never done anything so iniquitous as what was now contemplated by the persons who were used to style themselves the best sort of people, for they had never taken away both money and life; and he apprehended with good reason that this measure would render the aliens generally hostile to the government. But his colleagues, after what they had already done, were not disposed to view this question on the moral side, and, having braved the hatred of their fellow-citizens, they were not afraid of provoking the aliens. The proposition was adopted; and Theramenes was invited to single out his prey with the rest: but he refused to stain his hands with this innocent blood. It was however resolved to begin by taking ten lives; and, for the sake of covering the real motive, two of the victims were to be poor men, who would therefore be supposed to have suffered for some political offence.
[403 B.C.]
Men who were capable of perpetrating such actions could not long endure the presence of an associate who refused to take his full share of their guilt and odium. The colleagues of Theramenes resolved to rid themselves of a troublesome monitor who might soon prove a dangerous opponent. They first endeavoured to communicate their distrust of his designs to the members of the council in private conversation, and then concerted a plan for an open attack on him. But to insure its success they surrounded the council-chamber with a band of the most daring of their younger followers, armed with daggers, which they did not take much pains to conceal. Critias then came forward to accuse Theramenes, who was present.
Theramenes made a defence, which, with respect to the charges of Critias, was in most points a satisfactory vindication of his conduct. A murmur of approbation, which ran through the assembly, warned Critias that he could not safely rely on its subserviency for the condemnation of Theramenes; and, after having conferred a few moments with his colleagues, he called in his armed auxiliaries, and stationed them round the railing within which the council sat. He then told the councillors, that he thought he should be wanting in the duty of his station, if he suffered his friends to be misled; and that the persons whom they now saw round them, also declared that they would not permit a man who was manifestly aiming at the ruin of the oligarchy to escape with impunity. Now by virtue of the new constitution none of the Three Thousand could be put to death except by a sentence of the council; but all who were not included in that list might be sent to execution without any form of trial by the Thirty. He therefore declared that, with the unanimous consent of his colleagues, he struck out the name of Theramenes from the list, and condemned him to death.b
Xenophon gives a vivid picture of the scene that followed: “On hearing this, Theramenes sprang upon the altar of Vesta, and said, ‘But I, gentlemen, entreat you for what is most strictly legal—that it may not be in the power of Critias to strike off me, or any of you whom he pleases; but according to the law which these men passed respecting those in the list, according to that may be the decision, both for you and for me. And of this, indeed,’ said he, ‘by the gods, I am not ignorant, that this altar will be no protection to me; but what I wish to show is, that these men are not only most unjust with regard to mankind, but also impious with regard to the gods. At you, however, who are good and honourable men, I am astonished if you do not come forward in your own defence; knowing moreover, as you do, that my name is not at all more easy to strike off than each of yours.’ Upon this, the herald of the Thirty ordered the Eleven to come for Theramenes; and when they had entered with the officers, led by Satyrus the boldest and most shameless of their number, Critias said, ‘We deliver up to you this Theramenes here, condemned according to law: do ye, Eleven, seize, and lead him off to the proper place, and do your duty with him.’ When he had thus spoken, Satyrus dragged the condemned man from the altar, aided by the other officers. Theramenes, as was natural, called both on gods and men to look on what was doing. But the council kept quiet, seeing both the fellows of Satyrus at the bar, and the space before the council-house filled with guards, and not being ignorant they had come with daggers. So they led off the man through the market-place, while he declared with a very loud voice how he was being treated. And this one expression also is told of him. When Satyrus said that he would rue it if he were not silent, he asked, ‘And shall I not then rue it, if I am?’
“Moreover, when he was compelled to die, and drank the hemlock, they said that he flung out on the floor what was left of it, saying, ‘Let this be for the lovely Critias.’ Now I am aware that these sayings are not worth mentioning: but this I consider admirable in the man, that when death was close at hand, neither his good sense nor his pleasantry deserted his soul.”c
In Theramenes we find much to condemn, and nothing to approve, except that he shrank from following his profligate associates in their career of wickedness. If he had reason to complain that they did not spare the author of their elevation, the other victims of their tyranny had much more cause to rejoice in his fate. He seems to have died unpitied by either of the parties whom he had alternately courted and abandoned.
His death released the Thirty—among whom it is probable that Satyrus was immediately chosen to supply his place—from the last restraints of fear or shame which had kept them within any bounds of decency; and they now proceeded to bolder and more thorough-going measures. They emulated the ancient tyrants, who had often removed the lowest class of the commonalty, for whom it was difficult to find employment, from the capital into the country, and prohibited all Athenians who were not on the list of the Three Thousand from entering the city.
But by the oligarchs this step seems not to have been adopted so much with a view to their safety, as to increase the facility of rapine and murder. They continued to send out their emissaries to seize the persons and confiscate the property of the citizens, who were now scattered by their decree over Attica. The greater part of the outcasts took refuge in Piræus; but when it was found that neither the populous town, nor their rural retreats, could shelter them from the inquisition of their oppressors, numbers began to seek an asylum in foreign cities; and Argos, Megara, and Thebes, were soon crowded with Athenian exiles.