On the False Embassy

Demosthenes

Demosthenes · Nesfalseem 263 · perseus-eng2 · More by Demosthenes

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206

Whom would you call the most detestable person in all Athens, and the most swollen with impudence and superciliousness? No one, I am sure, would name, even by a slip of the tongue, anyone but Philocrates. Who is the most vehement speaker, the man who can express himself most emphatically with the aid of his big voice? Undoubtedly Aeschines. Whom do these men call timid and faint-hearted, or, as I should say, diffident, in addressing a crowd? Me; for I never worried you; I have never tried to dragoon you against your inclinations.

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Well, at every Assembly, whenever there is any discussion of this business, you hear me denouncing and incriminating these men, and declaring roundly that they have taken bribes and made traffic of all the interests of the commonwealth; and no one of them ever contradicts me, or opens his mouth, or lets himself be seen.

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How comes it then that the most impudent men in Athens, and the loudest speakers, are overborne by me, the nervous man, who can speak no louder than another? Because truth is strong, and consciousness of corruption weak. Conscience paralyses their audacity; conscience cripples their tongues, closes their lips, stifles them, puts them to silence.

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You remember the most recent occasion, at Peiraeus only the other day, when you refused to appoint Aeschines to an embassy, how he bellowed at me:

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I will impeach you,—I will indict you,—aha! aha!

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And yet a threat of impeachment involves endless speeches and litigation; but here are just two or three simple words that a slave bought yesterday could deliver:

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Men of Athens, here is a strange thing! This man accuses me of offences in which he himself took part. He says that I have taken bribes, when he took them, or shared them, himself.

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He never spoke, he never uttered a word of that speech; none of you heard it; he only vented idle menaces. The reason is that he was conscious of guilt; he cowered like a slave before those words; his thoughts did not approach them but recoiled from them, arrested by his evil conscience. Mere vague invective and abuse there was no one to stop.

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And now comes the strongest possible point—not a matter of assertion but of fact. I wished to do the honest thing, and to give an account of myself twice, because I had been appointed ambassador twice; but Aeschines approached the Court of Scrutiny, taking with him a crowd of witnesses, and forbade them to summon me, on the ground that I had already submitted to scrutiny, and was no longer liable. What was the real meaning of this ludicrous proceeding? Having himself rendered his account of the earlier embassy, with which nobody found fault, he did not wish to come into court in respect of the embassy for which he is now under examination; and that is the embassy that includes all his misdeeds.

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But, if I came into court twice, he could not avoid a second appearance, and therefore he would not let me be summoned. Yet that act, men of Athens, proves two propositions: first, that Aeschines has pronounced his own condemnation, and therefore you cannot conscientiously acquit him today; and secondly, that he will not have a truthful word to say about me, otherwise he would have spoken out and denounced me then, instead of trying to block my summons.

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To prove the truth of these statements, please call the witnesses.Here and elsewhere (e.g. Dem. 19.233) Demosthenes has time to insert a few remarks while the witnesses are being collected and before their depositions are read. If, however, he says scurrilous things about me, not pertinent to the question of the embassy, there are many reasons why you should not listen. I am not on my trial today, and I shall have no second opportunityno second opportunity: lit. no one will hereafter pour water for me, i.e. into the clepsydra [57]. of speaking. It will only mean that he is destitute of honest arguments. No culprit would deliberately choose to prefer accusations, if he had any defence to offer.

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Or again, look at it in this light, gentlemen of the jury. Suppose that I were on trial, with Aeschines for my accuser, and Philip for my judge, and suppose that, being unable to deny my guilt, I were to vilify Aeschines and throw mud at him; do you not think that that is just what would move Philip’s indignation, his own benefactors calumniated before his own tribunal? Do not be less rigorous than Philip, but compel him to address his defence to the real issues of this controversy. Now read the deposition. (The Deposition is read)

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Thus in my consciousness of innocence I thought it my duty to render my account and accept my full legal liability, while Aeschines did not. Is my conduct then the echo of his? Is it competent for him to lay before this court charges which he has never made before? Assuredly not; and yet he will lay them, for a very good reason. For you know that, ever since mankind and the criminal law first came into being, no culprit has ever been convicted while confessing his guilt. They vapor, they gainsay, they tell lies, they forge excuses,—anything to evade justice.

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Do not be duped today by any of these stale tricks. You must pass judgement on the facts, according to your knowledge; you must pay no heed either to my assertions or to his, nor even to the witnesses whom he will have in waiting, with Philip as his paymaster, and you will see how glibly they will testify. You must not notice what a fine loud voice he has, and what a poor voice I have.

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If you are wise, you must not treat this trial as a competition of forensic eloquence; but in regard to a dishonorable and perilous catastrophe, cast back upon the guilty the dishonor that attaches to it, after reviewing transactions that lie within the knowledge of you all. What, then, are the facts that you know and I need not recount?

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If all the promised results of the peace have come true, if you confess yourselves so effeminate and so cowardly that, with no enemy within your borders, no blockade of your ports, no imperilment of your capital, with corn-prices low and every other condition as favorable as it is today,

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and with foreknowledge on the assurance of your ambassadors that your allies would be ruined, that the Thebans would gain strength, that Philip would occupy the northern positions, that a basis of attack would be established against you in Euboea, and that everything that has in fact resulted would befall you, you thereupon cheerfully made the peace, by all means acquit Aeschines, and do not crown your other dishonors with the sin of perjury. He has done you no wrong, and I am a madman and a fool to accuse him.

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But if the truth is otherwise, if they spoke handsomely of Philip and told you that he was the friend of Athens, that he would deliver the Phocians, that he would curb the arrogance of the Thebans, that he would bestow on you many boons of more value than Amphipolis, and would restore Euboea and Oropus, if only he got his peace,—if, I say, by such assertions and such promises they have deceived and deluded you, and wellnigh stripped you of all Attica, find him guilty, and do not reinforce the outrages, for I can find no better word,—that you have endured, by returning to your homes laden with the curse and the guilt of perjury, for the sake of the bribes that they have pocketed.

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You should further ask yourselves, gentlemen of the jury, why, if they were not guilty, I should have gone out of my way to accuse them. You will find no reason. Is it agreeable to have many enemies? It is hardly safe. Perhaps I had an old standing feud with Aeschines? That is not so. Well, but you were frightened on your own account, and were coward enough to seek this as a way of escape; for that, I hear, is one of his suggestions. But, by your own account, Aeschines, there is no crime, and therefore no jeopardy. If he repeats the insinuation, do you, gentlemen, consider this: in a case where I, who did no wrong whatever, was yet afraid lest these men’s conduct should ruin me, what punishment ought they to suffer who were themselves the guilty parties?

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However, that was not my reason. Then why am I accusing you? Perhaps as a common informer, to get money out of you? Which course was more profitable for me, to take money from Philip, who offered me a great deal,—as much as he gave them,—and so to make friends both with him and with them,—for indeed I might have had their friendship if I had been their accomplice, and even now there is no vendetta between us, only that I had no part in their malpractices, or to levy blackmail on their takings, and so incur Philip’s enmity and theirs; to spend all my money on the ransom of captives, and then expect to get a trifle back dishonorably and at the cost of their hostility?

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The thing is impossible! No; I made honest reports; I kept my hands clean of corruption for the sake of truth and justice and of my future career, believing, as others have believed, that my honesty would be rewarded by your favor, and that my public spirit must never be bartered away for any emolument. I abhor these men because throughout the embassy I found them vicious and ungodly, and because by their corruption I have been robbed of the due reward of my patriotism, through your natural dissatisfaction with the whole business. I now denounce them, and I have attended this scrutiny, because I have a care for the future, and desire a decision recorded in this case and by this court that my conduct has been exactly opposed to theirs.

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And yet I am afraid,—for all my thoughts shall be laid open to you,—I am afraid that hereafter you may destroy me with them in despite of my innocence, while today you are supine. For indeed, men of Athens, you seem to me to have become altogether slack, idly waiting for the advent of disaster. You see the distresses of others, but take no precaution for yourselves; you have no thought for the steady and alarming deterioration of your commonwealth.

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Do you not think this an extremely dangerous symptom? (For though I had decided to say nothing, I am tempted to speak out) Of course you know Pythocles, son of Pythodorus. I was on the most civil terms with him, and there has been no unpleasantness between us to this day. But now, since his visit to Philip, he turns aside whenever he meets me, and if he cannot avoid an encounter, he rushes off as soon as he can for fear he should be seen talking to me, while he will perambulate the whole market-place discussing plans with Aeschines.

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It is shocking and scandalous, men of Athens, that Philip has such an acute perception of the fidelity or treachery of the men who have made subservience to him their policy, that they all expect that nothing they do even in Athens will escape the master’s eye, as though he stood at their very elbow, and that they must needs choose their private friends and enemies in obedience to his wishes; while those whose lives are devoted to your service, and who covet and have never betrayed the honor that you can bestow, encounter in you such dullness of hearing, such darkness of vision, that here am I today contending on equal terms with these pernicious persons, even in a court well acquainted with the whole history.

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Would you like to know the reason? I will tell you, and I trust that you will not take offence at my candor. Philip, I take it, having one body and one soul loves those who help him and hates those who harm him with his whole heart, whereas no one of you regards the benefactor of the commonwealth as his benefactor, or the enemy of the commonwealth as his enemy.

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Each man has other motives, of more importance to him, and thereby you are often led astray,—compassion, jealousy, resentment, good nature, and a thousand more. For even though a man escape every other danger, he can never wholly escape those who do not want such a person as he is to exist. But, little by little, by accumulation of these errors the foundation is sapped, and the integrity of public life collapses.

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Do not, men of Athens, give way to these motives today. Do not acquit the man who has done you such grievous wrong. Think of the story that will be told, if you do acquit him. Once upon a time certain ambassadors went from Athens to see Philip, and their names were Philocrates, Aeschines, Phryno, and Demosthenes. One of them not only made no gain from his mission, but delivered captives at his own expense; but another went about buying harlots and fish with the money for which he had sold his country.

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One of them, named Phryno, a bold, bad man, sent his son to Philip before he had put him on the list of citizens; but another did not do anything that was unworthy of his country or himself. Though he was still paying for a chorus and a man-of-war,

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he thought it only right to spend more money of his own free will, to ransom captives, and to allow none of his countrymen to suffer distress through poverty. But another, instead of delivering any of the Athenians who were already in captivity, helped to bring a whole district, and ten thousand of the infantry and about a thousand of the cavalry of the allies into captivity to Philip.

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The sequel was that the Athenians caught these bad men, for they knew all about it, and—what do you think? They released the men who had taken bribes and had disgraced themselves, the city, and their own children, because they thought that they were very sensible men, and that the city was going on nicely; but they thought that the man who accused them had gone out of his mind, and that he did not understand Athens, and that he did not know even how to fling his money away.

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With this example before his eyes, who, men of Athens, will ever wish to prove himself an honest man, or to go on embassy for nothing, if he is neither to make money nor to be held more worthy of your confidence than those who have made money? Today you are not merely adjudging this case: you are legislating for all future time, whether every ambassador is basely to serve your enemies for hire, or without fee or bribe to give his best service to you.

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On these matters you need no further witness; but to prove that Phryno did send his son to Philip, please call the witnesses. Now Aeschines never prosecuted Phryno for sending his own son to Philip with a dishonorable intention. But if a manTimarchus. in the bloom of his youth was more comely than others, and if, disregarding the suspicion that his personal charm might provoke, he has lived rather recklessly in later years, Aeschines must needs proceed against that man for immorality.

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Now let me say a word about my entertainment and my decree. I had nearly forgotten those all-important topics! When I was drafting the provisional resolution of the Council respecting the earlier embassy, and again in addressing the people at the Assemblies that were held to discuss the terms of peace, I followed the usual custom, and included a vote of thanks and an invitation to the public mess-table; for at that time no wrongful word or act of theirs had been disclosed.

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It is also true that I entertained Philip’s ambassadors, and did the thing very handsomely; for, having observed in their own country that they take pride in such hospitality as evidence of wealth and splendor, I thought it my duty to outdo them with a more striking display of munificence. On the strength of these incidents, Aeschines will tell you: Demosthenes thanked us, and entertained the ambassadors himself—without marking the distinction of time.

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All this took place before the country had suffered wrong, and before it was evident that the envoys had sold themselves, immediately after the first return of the envoys, when the people had still to hear their report, and when it was not yet known that Aeschines would support Philocrates, or that Philocrates would move such a resolution. If he mentions the incidents, bear in mind that the dates were earlier than their offences, and that I have never since had any intimacy or any association with them. Read the deposition. (The Deposition is read)

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Perhaps he will find a brother to speak for him, Philochares or Aphobetus; to both of whom there is much that you can say with justice. (One must converse quite frankly, without any reserve.) We, Aphobetus and Philochares, although you, Philochares, were a painter of alabaster boxes and tambourines, and your brothers ordinary people, junior clerks and the like,—respectable occupations, but hardly suitable for commanding officers,—we, I say, dignified you with embassies, commands as generals, and other high distinctions.

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Even if none of the family had committed any crime, you would have no claim on our gratitude, but we should have a large claim on yours; for we passed over many much more worthy claimants, and glorified you. But if in the actual enjoyment of those dignities one of you has committed a crime, and such a crime as this, do you not all deserve abhorrence much more than deliverance? That is my view. However, they will storm and bluster,—for they have very loud voices and very little modesty,—and will remind you that it is no sin to help your kin.

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Do not give way to them. It is their business to think of Aeschines; it is your business to think of the laws, of the whole commonwealth, and above all of the oath in virtue of which you sit in that box. If they have besought any of you to deliver him, ask yourselves whether they mean in case he is not, or in case he is, guilty of a crime against the common weal. If they mean in case he is not guilty, I admit the plea; but if they mean, deliver him in any case, they have entreated you to perjure yourselves. For though the vote is secret, it will not escape the eye of Heaven. The legislator wisely discerned herein the essence of secret voting, that no suppliant shall know the name of the juror who has granted his prayer, but the gods and the divine spirit will know him who has cast an unrighteous vote.

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Far better for each of you to make good his hopes of the blessing of Heaven for himself and his children, by recording a righteous and a dutiful verdict, than to bestow on these men a secret and unacknowledged favor, and acquit a man convicted by his own testimony. For what more powerful evidence, Aeschines, can I adduce for the many crimes of your embassy than the evidence you have given against yourself? You, who thought it necessary to implicate in so grievous a calamity one who purposed to bring a part of your misconduct to light, must surely have expected a terrible retribution if the jury should learn the true history of your deeds.

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If you are wise, that performance of his will now be turned to his disadvantage, not only because it was a powerful indication of his misconduct, but because he employed in his prosecution arguments that are now valid against himself. For surely the principles which you, Aeschines, laid down when you prosecuted Timarchus ought to have equal weight for others against you.

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Now on that occasion he observed to the jury: Demosthenes will conduct this man’s defence, and will denounce my conduct of the embassy; and then, if he leads you astray by his speech, he will go about in his conceited way, and boast: How did I do it? What did I say? Why, I led the jury clean away from the question; filched the whole case from them, and came off triumphant. Then do not follow my example: address your defence to the real issue. You had your opportunity of denouncing and saying what you chose when you were the prosecutor.

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Moreover, having no witnesses to produce in support of your accusations, you quoted verses to the jury:

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Rumor, that many people spread abroad,

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Dieth not wholly: Rumor is a god.

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Hesiod, Works and Days, 761.

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And now, Aeschines, everybody says that you made money out of your embassy; so, of course, as against you, the rumor that many people spread abroad does not wholly die.

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That you may understand how far more numerous are your accusers than those of Timarchus, observe this. He was not known even to all his neighbors; but there is not a man in Greece or in foreign parts who does not aver that you ambassadors made gain of your embassy. If rumor is true, the rumor of the multitude is against you; and for the veracity, and even the divinity, of rumor, and for the wisdom of the poet who composed these verses, we have your own assurance.

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After these heroics he naturally proceeds to collect and declaim some iambic poetry, for instance:

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Whoso delights to walk with wicked men,

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Of him I ask not, for I know him such

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As are the men whose converse pleases him.

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Unknown

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Then follows the passage about

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the man who frequented cockpits, and consorted with Pittalacus,

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and so forth;

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do you not know what his character is?

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Well, Aeschines, your iambics shall now serve my turn for an observation about you. I shall be speaking with the propriety of the Tragic Muse, when I say to the jury: Whoso delights to walk (especially on an embassy) with Philocrates, of him I ask not, for I know him well—to have taken bribes, as Philocrates did, who made confession.

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Well, when he tries to insult other people by calling them speech-makers and charlatans, he shall be shown to be open to the same reproach. For those iambics come from the Phoenix of Euripides. That play was never acted by Theodorus or Aristodemus, for whom Aeschines commonly took the inferior parts; Molon however produced it, and perhaps some other players of the old school. But Sophocles’ Antigone was frequently acted by Theodorus, and also by Aristodemus; and in that play there are some iambic lines, admirably and most instructively composed. That passage Aeschines omitted to quote, though he has often spoken the lines, and knows them by heart;

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for of course you are aware that, in all tragic dramas, it is the enviable privilege of third-rate actors to come on as tyrants, carrying their royal scepters. Now you shall weigh the merits of the verses which were specially written by the poet for the character of Creon-Aeschines, though he forgot to repeat them to himself in connection with his embassy, and did not quote them to the jury. Read.

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Iambics from the Antigone of Sophocles

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Who shall appraise the spirit of a man,

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His mind, his temper, till he hath been proved

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In ministry of laws and government?

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I hold, and long have held, that man a knave

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Who, standing at the helm of state, deserts

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The wisest counsel, or in craven fear

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Of any, sets a curb upon his lips.

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Who puts his friend above his fatherland

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I scorn as nothing worth; and for myself,

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Witness all-seeing Heaven! I will not hold

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My peace when I descry the curse that comes

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To sap my citizens’ security;

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Nor will I count as kin my country’s foes;

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For well I wot our country is the ship

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That saves us all, sailing on even keel:

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Embarked in her we fear no dearth of friends.

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Soph. Ant. 175-190

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Aeschines did not quote any of these lines for his own instruction on his embassy. He put the hospitality and friendship of Philip far above his country,—and found it more profitable. He bade a long farewell to the sage Sophocles; and when he saw the curse that came,—to wit, the army advancing upon the Phocians,—he sounded no warning, sent no timely report; rather he helped both to conceal and to execute the design, and obstructed those who were ready to tell the truth.

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He forgot the ship that saves; forgot that embarked in her his own mother, performing her rites, scouring her candidates, making her pittance from the substance of her employers, here reared her hopeful brood to greatness. Here, too, his father, who kept an infant-school, lived as best he could,—next door to Heros the physician,

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as I am told by elderly informants,—anyhow, he lived in this city. The offspring of this pair earned a little money as junior clerks and messengers in the public offices, until, by your favor, they became full-fledged clerks, with free maintenance for two years in the Rotunda.

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Finally, from this same city Aeschines received his commission as ambassador.

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He cared for none of these obligations; he took no thought that the ship of state should sail on even keel; he scuttled her and sank her, and so far as in him lay put her at the mercy of her foes. Are not you then a charlatan? Yes, and a vile one too. Are not you a speech-writer? Yes, and an unprincipled one to boot. You passed over the speech that you so often spoke on the stage, and knew by heart; you hunted up rant that in all your career you had never declaimed in character, and revived it for the undoing of your own fellow-citizen.

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Let us now turn to his remarks about Solon. By way of censure and reproach of the impetuous style of Timarchus, he alleged that a statue of Solon, with his robe drawn round him and his hand enfolded, had been set up to exemplify the self-restraint of the popular orators of that generation. People who live at Salamis, however, inform us that this statue was erected less than fifty years ago. Now from the age of Solon to the present day about two hundred and forty years have elapsed, so that the sculptor who designed that disposition of drapery had not lived in Solon’s time,—nor even his grand-father.

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He illustrated his remarks by representing to the jury the attitude of the statue; but his mimicry did not include what, politically, would have been much more profitable than an attitude,—a view of Solon’s spirit and purpose, so widely different from his own. When Salamis had revolted, and the Athenian people had forbidden under penalty of death any proposal for its recovery, Solon, accepting the risk of death, composed and recited an elegiac poem, and so retrieved that country for Athens and removed a standing dishonor.

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Aeschines, on the other hand, gave away and sold Amphipolis, a city which the King of Persia and all Greece recognized as yours, speaking in support of the resolution moved by Philocrates. It was highly becoming in him, was it not to remind us of Solon? Not content with this performance at home, he went to Macedonia, and never mentioned the place with which his mission was concerned. So he stated in his own report, for no doubt you remember how he said I, too, had something to say about Amphipolis, but I left it out to give Demosthenes a chance of dealing with that subject.

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I rose and told you that he had never once left to me anything that he wanted to say to Philip: he would sooner give a man a share of his life-blood than a share of his speech. The truth is that, having accepted money, he could hardly confront Philip, who gave him the money on purpose that he might not restore Amphipolis. Now, please, take and read these elegiac verses of Solon, to show the jury how Solon detested people like the defendant.

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What we require, Aeschines, is not oratory with enfolded hands, but diplomacy with enfolded hands. But in

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Macedonia

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you held out your hands, turned them palm upwards, and brought shame upon your countrymen, and then here at home you talk magniloquently; you practise and declaim some miserable fustian, and think to escape the due penalty of your heinous crimes, if you only don your little skull-cap,

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take your constitutional, and abuse me. Now read.

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Solon’s Elegiacs

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Not by the doom of Zeus, who ruleth all,

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Not by the curse of Heaven shall Athens fall.

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Strong in her Sire, above the favored land

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Pallas Athene lifts her guardian hand.

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No; her own citizens with counsels vain

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Shall work her rain in their quest of gain;

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Dishonest demagogues her folk misguide,

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Foredoomed to suffer for their guilty pride.

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Their reckless greed, insatiate of delight,

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Knows not to taste the frugal feast aright;

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Th’ unbridled lust of gold, their only care,

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Nor public wealth nor wealth divine will spare.

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Now here, now there, they raven, rob and seize,

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Heedless of Justice and her stern decrees,

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Who silently the present and the past

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Reviews, whose slow revenge o’ertakes at last.

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On every home the swift contagion falls,

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Till servitude a free-born race enthralls.

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Now faction reigns now wakes the sword of strife,

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And comely youth shall pay its toll of life;

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We waste our strength in conflict with our kin,

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And soon our gates shall let the foeman in.

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Such woes the factious nation shall endure;

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A fate more hard awaits the hapless poor;

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For them, enslaved, bound with insulting chains,

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Captivity in alien lands remains.

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To every hearth the public curse extends;

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The courtyard gate no longer safety lends;

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Death leaps the wall, nor shall he shun the doom

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Who flies for safety to his inmost room.

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Ye men of Athens, listen while I show

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How many ills from lawless licence flow.

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Respect for Law shall check your rising lust,

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Humble the haughty, fetter the unjust,

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Make the rough places plain, bid envy cease,

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Wither infatuation’s fell increase,

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Make crooked judgement straight, the works prevent

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Of insolence and sullen discontent,

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And quench the fires of strife. In Law we find

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The wisdom and perfection of Mankind.

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Solon

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You have heard, men of Athens, what Solon says of men of such character, and of the gods who protect our city. That saying about the protection of our city by the gods is, as I hope and firmly believe, eternally true; and in a manner I think that even the events of this scrutiny furnish the commonwealth with a new example of the divine favor.

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For consider this: a man who had scandalously misconducted his embassy, and who had given away whole provinces in which the gods should have been worshipped by you and your allies, disfranchised one who had prosecuted him at duty’s call.

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And all for what? That he himself may win neither compassion nor indulgence for his own transgressions. Moreover, in accusing him, he went out of his way to speak evil of me, and again at the Assembly he declared he would lay an indictment, with other such threats. And why? In order that you may extend your best indulgence to me when I, who have the most accurate knowledge of his villainies, and have watched him closely throughout, appear as his prosecutor.

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Again, thanks to his continual evasions, he has at last been brought to trial at the very moment when, for the sake of the future if for no other reason, you cannot possibly, or consistently with your own security, allow a man so steeped in corruption to go scot-free; for, while it is always your duty, men of Athens, to abhor and to chastise traitors and bribe-mongers, a conviction at this crisis will be peculiarly seasonable and profitable to all mankind.

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A strange and distressing epidemic, men of Athens, has invaded all Greece, calling for extraordinary good fortune, and for the most anxious treatment on your part. The magnates of the several cities, who are entrusted with political authority, are betraying their own independence, unhappy men! They are imposing on themselves a servitude of their own choosing, disguising it by specious names, as the friendship of Philip, fraternity, good-fellowship, and such flummery. The rest of the people, and all the various authorities of the several states, instead of chastising these persons and putting them to death on the spot, as they ought, are filled with admiration and envy, and would all like to be Philip’s friends too.

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Yet this infatuation, this hankering after Philip, men of Athens, until very recently had only destroyed the predominance of the Thessalians and their national prestige, but now it is already sapping their independence, for some of their citadels are actually garrisoned by Macedonians. It has invaded Peloponnesus and caused the massacres at Elis. It infected those unhappy people with such delirious insanity that, to overmaster one another and to gratify Philip, they stained their hands with the blood of their own kindred and fellow-citizens.

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It has not stopped there. It has entered Arcadia, and turned Arcadian politics upside down; and now many of that nation, who ought to pride themselves as highly as you upon their independence—for you and they are the only indigenous peoples in Greece—admire Philip, set up his effigy in bronze, decorate it with garlands, and, to crown all, have enacted a decree that, if he ever visits Peloponnesus, he shall be made welcome within their walls. The Argives have followed their example.

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Holy Mother Earth! if I am to speak as a sane man, we stand in need of the utmost vigilance, when this infection, moving in its circuit, has invaded our own city. Therefore take your precautions now, while we are still secure. Let the men who have brought it here be punished with infamy. If not, beware lest you discern the wisdom of my words too late, when you have lost the power of doing what you ought.

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Do you not see, men of Athens, what a conspicuous and striking example is offered by those miserable Olynthians, who owe their rain, unhappy men, to nothing so much as to such conduct as I have described? You may easily discover the truth by a review of their experience. At the time when their cavalry was only four hundred strong, and their whole force numbered no more than five thousand, for there was then no coalition of all the Chalcidians,

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they were invaded by the Lacedaemonians with a large force, both naval and military; and you will remember that in those days the Lacedaemonians may be said to have held command both of land and of sea. Yet in spite of the strength of the attacking force, they never lost a town or even an outpost, they won many engagements, they slew three of the enemy commanders, and finally brought the war to an end on their own terms.

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But when some of them began to accept bribes, when the populace was so stupid, or, let us say, so unlucky, as to give more credence to those persons than to patriotic speakers, when Lasthenes had roofed his house with timber sent as a present from Macedonia, and Euthycrates was keeping a large herd of cattle for which he had paid nothing to anybody, when one man returned home with a flock of sheep and another with a stud of horses, when the masses, whose interests were endangered, instead of being angry and demanding the punishment of the traitors, stared at them, envied them, honored them, and thought them fine fellows,—

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when, I say, the business had gone so far as that, and corruption had won the day, then, though they numbered more than ten thousand and had a thousand cavalry, though all their neighbors were in alliance with them, though you came to their aid with ten thousand mercenaries, fifty war-galleys, and four thousand of your citizen-force, nothing could save them. Before the war had lasted a year they had lost every town in Chalcidice through treachery, and Philip could no longer pay any attention to the traitors, and hardly knew what to capture first.

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He took five hundred horsemen with all their equipment by the treason of their officers—a number beyond all precedent. The perpetrators of that infamy were not put to the blush by the sun that shone on their shame or by the soil of their native land on which they stood, by temples or by sepulchres, by the ignominy that waited on their deeds: such madness, men of Athens, such obliquity, does corruption engender! Therefore it behoves you, you the commonalty of Athens, to keep your senses, to refuse toleration to such practices, and to visit them with public retribution. For indeed it would be monstrous if, after passing so stern a decree of censure upon the men who betrayed the Olynthians, you should have no chastisement for those who repeat their iniquity in your own midst. Read the decree concerning the Olynthians. (The Decree is read)

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Gentlemen of the jury, by the universal judgement of Greeks and barbarians alike, you acted well and righteously in passing this vote of censure upon traitors and reprobates. Therefore, inasmuch as bribe-taking is the forerunner of such treasons, and for the sake of bribes men commit them, whenever, men of Athens, you see any man taking bribes, you may be sure that he is also a traitor. If one man betrays opportunities, another negotiations, another soldiery, each one is making havoc of the business he controls, and all alike deserve your reprobation.

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In dealing with them you, men of Athens, and you alone among the nations of the world, can find examples to imitate in your own history, and may emulate in act the forefathers whom you justly commend. For if at the present time you are at peace, and cannot emulate the battles, the campaigns, the hazards of war, in which they won renown, you may at least imitate their sound judgement.

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That is wanted in all circumstances; and an honest judgement costs you no more pains and vexation than a vicious judgement. Each of you will sit in this court for just as long a time, whether, by reaching a right decision and giving a right verdict upon this case, he amends the condition of the commonwealth and does credit to his ancestry, or, by a wrong decision, impairs that condition and dishonors that ancestry. What, then, was their judgement in such a case?—Clerk, take this and read it.—For I would have you know that you are treating with indifference offences such as your forefathers once punished with death. (A Public Inscription is read)

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You hear, men of Athens, the record which declares Arthmius, son of Pythonax, of Zelea, to be enemy and foeman of the Athenian people and their allies, him and all his kindred. His offence was conveying gold from barbarians to Greeks. Hence, apparently, we may conclude that your ancestors were anxious to prevent any man, even an alien, taking rewards to do injury to Greece; but you take no thought to discountenance wrongs done by your own citizens to your own city.

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Does anyone say that this inscription has been set up just anywhere? No; although the whole of our citadel is a holy place, and although its area is so large, the inscription stands at the right hand beside the great brazen Athene which was dedicated by the state as a memorial of victory in the Persian war, at the expense of the Greeks. In those days, therefore, justice was so venerable, and the punishment of these crimes so meritorious, that the retribution of such offenders was honored with the same position as Pallas Athene’s own prize of victory. Today we have instead—mockery, impunity, dishonor, unless you restrain the licence of these men.

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In my judgement, men of

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Athens

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, you will do well, not to emulate your forefathers in some one respect alone, but to follow their conduct step by step. I am sure you have all heard the story of their treatment of Callias, son of Hipponicus, who negotiated the celebrated peace

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under which the King of

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Persia

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was not to approach within a day’s ride of the coast, nor sail with a ship of war between the Chelidonian islands and the Blue Rocks. At the inquiry into his conduct they came near to putting him to death, and mulcted him in fifty talents, because he was said to have taken bribes on embassy.

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Yet no one can cite a more honorable peace made by the city before or since; but that is not what they regarded. They attributed the honorable peace to their own valor and to the high repute of their city, the refusal or acceptance of money to the character of the ambassador; and they expected an honest and incorruptible character in any man who entered the service of the state.

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They held the taking of bribes to be too inimical and unprofitable to the state to be tolerated in any transaction or in any person; but you, men of Athens, having before you a peace which at once has pulled down the walls of your allies and is building up the houses of your ambassadors, which robbed the city of her possessions and earned for them wealth beyond the dreams of avarice, instead of putting them to death of your own accord, wait for the appearance of a prosecutor. You are giving them a trial of words with their evil deeds before your eyes.

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Yet we need not restrict ourselves to bygone history, or rely upon those ancient precedents in our appeal to retributive justice. Within your own lifetime, in the time of the generation now living, not a few men have been tried and condemned. Passing by other instances, let me recall to your memory one or two men who have been punished by death after an embassy far less mischievous to the city. Please take and read this decree. (The Decree is read)

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By the terms of this decree, men of

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Athens

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, you condemned to death the ambassadors named. One of them was Epicrates, who, as I am informed by persons older than myself, was an honest, useful, and popular politician, and one of the men who marched from Peiraeus and restored the democracy.

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No such consideration availed him; and that was right, for a man who accepts so important a mission is not to be virtuous by halves. He must not use the public confidence he has earned as an opportunity for knavery; his duty is simply to do you no wilful wrong at all.

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Well, if the present defendants have omitted any single one of the misdeeds for which those persons were sentenced to death, execute me on the spot. Look at the decree: Whereas the said ambassadors have disobeyed their instructions. That is the first charge alleged. And did not these men disobey their instructions? Did not the decree say, for the Athenians and the Allies of the Athenians, and did not they declare the Phocians to be excluded? Did it not instruct them to swear in the magistrates in the several cities, and did they not swear in only such persons as Philip sent to them? Did not the decree say that they were not to meet Philip alone in any place whatsoever, and did they not continually have private dealings with Philip?

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Whereas,

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says the old decree,

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certain of them are convicted of making untruthful reports to the Council.

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Why, these men are convicted of making untruthful reports even to the Assembly. On what evidence?—you remember that brilliant quibble. On the evidence of facts: the report was exactly contradicted by the event. It goes on:

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and of sending untruthful dispatches.

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So did they.

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And of bearing false witness against allies, and of taking bribes.

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For

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bearing false witness

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read

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utterly destroying

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—a vastly greater injury. But as to their having taken bribes, we should still, if they denied it, have to make the charge good; but since they admit it, surely there should have been a summary arrest and punishment.

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What follows, men of Athens? Such being the facts, will you, the descendants of these men, some of whom are still living, be content that Epicrates, the champion of democracy, the hero of the march from Peiraeus, should have been degraded and punished; that more recently Thrasybulus, a son of Thrasybulus the great democrat, who restored free government from Phyle, should have paid a fine of ten talents that even a descendant of Harmodius and of the greatest of all your benefactors, the men to whom, in requital of their glorious deeds, you have allotted by statute a share of your libations and drink-offerings in every temple and at every public service, whom, in hymns and in worship, you treat as the equals of gods and demigods,—

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will you be content that all these men should have been subjected to the inexorable penalty of law; that they should find no succor in mercy or compassion, in weeping children bearing honored names, or in any other plea? And then, when you have in your power a son of Atrometus the dominie, and of Glaucothea, the fuglewoman of those bacchanalian routs for which another priestess

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suffered death, will you release the son of such parents, a man who has never been of the slightest use to the commonwealth, neither he, nor his father, nor any member of his precious family?

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Has the state ever had to thank any one of them in the whole course of his life for so much as a horse, or a war-galley, or a military expedition, or a chorus, or any public service, assessed contribution, or free gift, or for any deed of valor or any benefit whatsoever? Yet even if he could claim credit for all those services, but could not add that he has been an honest and disinterested ambassador, he ought assuredly to suffer death. If he has neither the one claim nor the other, will you not punish him?

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Remember what he told you himself when he prosecuted Timarchus,—that there is no merit in a city that is nerveless in its dealings with malefactors, or in a polity where indulgence and importunity are stronger than the laws. You must not, he said, have any pity for Timarchus’s mother, an aged woman, or his children, or anyone else: you must fix your mind on the thought that, if you desert the laws and the constitution, you will find no one to pity you.

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The unfortunate Timarchus is still disfranchised because he was a witness of Aeschines’ misdeeds, and why should you allow Aeschines to go scot-free? If he demanded such severity of retribution from men who had transgressed only against himself and his friends, what retribution are you, a legal jury bound by oath, to exact from men who have grievously transgressed against the commonwealth, and of whom he is proved to be one?

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He will say that the trial of Timarchus will improve the morals of our young men. Then this trial will improve the integrity of our statesmen, on whom depend the gravest political hazards; and they also have a claim on your consideration. But let me show you that he did not bring Timarchus to ruin because of his anxious care—Heaven help us! for the modesty of your children. Your children, men of Athens, are already modest; and God forbid that Athens should ever be in such evil case as to require an Aphobetus or an Aeschines to teach young people modesty!

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He did it because Timarchus had moved in the Council a decree making the conveyance of arms or ships’ tackle to Philip a capital offence. As evidence of that, let me ask how long Timarchus had been a public speaker? A very long time; and during all that time Aeschines was in Athens; yet he never took offence, he never began to think it a shame that a man of such character should make speeches, until he had visited Macedonia and sold himself. Please take and read the actual decree of Timarchus.(The Decree is read)

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The man who for your sake proposed the prohibition, under penalty of death, of carrying arms to Philip is vilified and disgraced; the man who surrendered to Philip the armaments of our allies is his accuser. Immorality—save the mark!—was the theme of his speech, while at his side stood his two brothers-in-law, the very sight of whom is enough to set you in an uproar,—the disgusting Nicias, who went to

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Egypt

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as the hireling of Chabrias, and the abominable Cyrebio,

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the unmasked harlequin of the pageants. But that was nothing: under his eyes sat his brother Aphobetus. In truth, on that day all that declaiming against immorality was like water flowing upstream.

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And now, to illustrate the discredit into which our city has been dragged by this man’s trickery and mendacity, omitting much that I might mention, I will point to a symptom that you have all observed. In former times, men of Athens, all Greece used to watch anxiously for your decisions. Today we prowl the streets wondering what the other communities have resolved, all agog to hear what is the news from Arcadia, what is the news from the Amphictyons, what will be Philip’s next movement, whether he is alive or dead.

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You know that such is our behavior. What alarms me is the thought, not that Philip is alive, but that in Athens the spirit that loathes and punishes evil-doers is dead. Philip does not terrify me, if only your condition is healthy; but if there is to be impunity in this court for men who hunger after Philip’s pay, and if men who have won your confidence, men who have hitherto scorned the imputation of intriguing for Philip, are to appear as their advocates, that does terrify me.—

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What does this mean, Eubulus? At the trial of your cousin Hegesilaus, and recently at that of Thrasybulus, an uncle of Niceratus, before the first vote of the jury

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you would not even answer when you were called; on the question of damages you did get up to speak, but you had not a word to say in their favor, and merely asked the jury to excuse you. So you do not mount the tribune for your own kinsmen and for men who have a claim on your services, and will you mount it for Aeschines,

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who, when Aristophon prosecuted Philonicus, and in denouncing him denounced your own policy, joined in the attack upon you, and so ranged himself with your enemies? After terrifying the people, and telling them that they must go down to Peiraeus at once, pay the war-tax and turn the theatric fund into a war-chest, or else vote for the resolution that was supported by Aeschines and moved by that abominable Philocrates, with the result that we got a discreditable instead of an equitable peace,

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and after all the ruin that has been wrought by their subsequent misdeeds, are you reconciled with them after that? In the Assembly you solemnly cursed Philip; you swore by the head of your children that you desired his utter destruction, and will you now be the defender of Aeschines? How can Philip be utterly destroyed, if you rescue the men who take his bribes?

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Why did you prosecute Moerocles, because he had extorted twenty drachmas apiece from the lessees of the silver-mines; why did you indict Cephisophon for misappropriating sacred funds, because he was three days late in paying seven minas into the bank, if, instead of prosecuting, you now try to rescue men who have confessed, who have been caught in the act, who are convicted of taking bribes for the destruction of our allies?

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Yes, these are formidable offences, calling for the utmost vigilance and precaution; while the charges you brought against those two men were comparatively ludicrous, as these considerations will show. Were there any persons in Elis who embezzled public money? In all probability, yes. Did any one of them take part in the recent overthrow of free government there?

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Not one. When there was still such a city as Olynthus, were there any thieves there? I take it there were. Did Olynthus perish through their sins? No. Do you suppose there were no thieves and pilferers of public funds in Megara? There must have been such. Has any one of them been shown to be responsible for the present political troubles there? Not one. Then who are the people who commit these monstrous crimes? Persons who fancy themselves important enough to be called friends of Philip, men itching for military commands and eager for political distinction, men who claim superiority over the common herd. At Megara the other day was not Perillus tried before the Three Hundred on a charge of visiting Philip? And did not Ptoeodorus, the first man in all Megara for wealth, birth, and reputation, come forward and beg him off, and then send him back to Philip? The sequel was that one of the pair returned with an alien army at his back, while the other was hatching the plot at home. Take that as a specimen.

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Indeed, there is no danger, no danger whatsoever, that requires more anxious vigilance than allowing any man to become stronger than the people. Let no man be delivered, and let no man be destroyed, merely because this man or that so desires; let hem who is delivered or destroyed by the evidence of facts be entitled to receive from this court the verdict that is his due. That is the democratic principle.

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Furthermore, at Athens many men have upon occasion risen to power—the great Callistratus, for instance, Aristophon, Diophantus, and others of earlier date. But what was the field of their supremacy? The popular assembly. In courts of justice no man to this day has ever been superior to the people, or to the laws, or to the judicial oath. Then permit no such superiority to Aeschines today. To enforce the warning that it is better to take those precautions than to be credulous, I will read to you an oracle of the gods,—to whom Athens owes her salvation far more than to her most prominent politicians. Read the oracles. (The Oracles are read)

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Men of Athens, you hear the admonitions of the gods. If they are addressed to you in time of war, they bid you beware of your commanders, for commanders are the leaders of warfare; if after conclusion of peace, of your statesmen, for they are your leaders, they have your obedience, by them you may haply be deceived. The oracle also bids you keep the commonwealth together, that all may be of one mind, and may not gratify the enemy.

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What do you think, men of Athens? Will Philip be gratified by the deliverance or by the punishment of the man who has done all this mischief? By his deliverance surely; but the oracle bids you strive that the enemy shall not rejoice. Therefore, you are all exhorted by Zeus, by Dione, by all the gods, to punish with one mind those who have made themselves the servants of your enemies. There are foes without; there are traitors within. It is the business of foes to give bribes, of traitors to take bribes, and to rescue those who have taken them.

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Moreover, it can be shown by mere human reasoning that it is extremely injurious and dangerous to permit the intimacy of a prominent statesman with men whose purposes are at variance with those of the people. If you will consider by what means Philip acquired his political supremacy and performed his most signal achievements, you will find that it was by buying treachery from willing sellers, and by corrupting leading politicians and stimulating their ambition.

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Both these practices it is within your power, if you so choose, to frustrate today, if you will first refuse to listen to the defenders of treachery, and prove that they cannot exercise that authority over you of which they boast, and then punish before the eyes of the world the man who has traitorously sold himself.

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You have good reason, men of Athens, to be indignant with every man who by such conduct has thrown overboard your allies, your friends, and those opportunities on which, for any nation, success or failure depends, but with no man more fiercely or more righteously than with Aeschines. For a man who once ranged himself with those who distrusted Philip, and made unassisted the first discovery of Philip’s hostility to all Greece, and then became a deserter and a traitor and suddenly appeared as Philip’s champion—does he not deserve a hundred deaths?

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Yet that such are the facts, he will not be able to deny. For who originally introduced Ischander to you, declaring him to have come as the representative of the Arcadian friends of

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Athens

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? Who raised the cry that Philip was forming coalitions in

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Greece

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and

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Peloponnesus

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while you slept? Who made those long and eloquent speeches, and read the decrees of Miltiades and Themistacles and the oath which our young men take in the temple of Aglaurus

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?

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Was it not Aeschines? Who persuaded you to send embassies almost as far as the Red Sea, declaring that Greece was the object of Philip’s designs, and that it was your duty to anticipate the danger and not be disloyal to the Hellenic cause? Was it not Eubulus who proposed the decree, and the defendant Aeschines who went as ambassador to the Peloponnesus? What he said there after his arrival, either in conversation or in public speeches, is best known to himself: what he reported on his return I am sure you have not forgotten.

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For he made a speech in which he repeatedly called Philip a barbarian and a man of blood. He told you that the Arcadians were delighted to hear that Athens was really waking up and attending to business. He related an incident which, he said, had filled him with deep indignation. On his journey home he had met Atrestidas travelling from Philip’s court with some thirty women and children in his train. He was astonished, and inquired of one of the travellers who the man and his throng of followers were;

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