On the False Embassy
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Original / primary: Perseus Eng2
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Citizens of
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, I do not doubt that you are all pretty well aware that this trial has been the center of keen partisanship and active canvassing, for you saw the people who were accosting and annoying you just now at the casting of lots.
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But I have to make a request which ought to be granted without asking, that you will all give less weight to private entreaty or personal influence than to the spirit of justice and to the oath which you severally swore when you entered that box. You will reflect that justice and the oath concern yourselves and the commonwealth, whereas the importunity and party spirit of advocates serve the end of those private ambitions which you are convened by the laws to thwart, not to encourage for the advantage of evil-doers.
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Now I observe that men who enter public life with honest intentions, even after they have submitted to scrutiny, do still acknowledge a perpetual responsibility. But Aeschines, the defendant, reverses this practice. Before coming into court to justify his proceedings, he has put out of the way one of the men who called him to account, and the others he is constantly threatening. So he is trying to introduce into politics a most dangerous and deplorable practice; for if a man who has undertaken and administered any public function can get rid of accusers not by his honesty but by the fear he inspires, the people will soon lose all control of public affairs.
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While I have entire confidence that I shall prove that this man is guilty of serious delinquencies, and that he deserves the most severe punishment, yet, in spite of that assurance, I have a misgiving, which I will explain to you quite frankly. It appears to me, men of Athens, that the trials which come before you are affected quite as much by the conditions of the hour as by the facts; and I am afraid that the long lapse of time since the embassy has inclined you to forget or to acquiesce in these iniquities.
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I will, then, suggest a method by which you may nevertheless reach a just conclusion and give a righteous verdict today. By consideration among yourselves, gentlemen, you should form a true conception of what should be included in the vindication which the state requires of any ambassador. He is responsible then, in the first place, for the reports he has made; secondly, for the advice he has offered; thirdly, for his observance of your instructions; then there is the question of times and opportunities; and, to crown all, whether he has done his business corruptly or with integrity.
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Why are these the topics of inquiry? Your conclusions are derived from the ambassador’s reports: you reach a right decision if they are true, a wrong decision if they are false. The advice of ambassadors you regard as the more trustworthy because it is given by men who presumably understand their own mission.
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No ambassador, then, ought ever to be convicted of defective or mischievous counsels. Thirdly, when he has been expressly instructed what to say and what to do by resolution of the Assembly, it is his duty to conduct his business according to such instructions. Very well; but how does the question of time arise? Because, men of Athens, in important transactions opportunities are often short-lived: once willfully surrendered and betrayed to the enemy, they cannot be recovered, do what you will.
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Next, as for the question of bribery or no bribery, of course you are agreed that it is a scandalous and abominable offence to accept money for acts injurious to the commonwealth. The author of the statute, however, made no such distinction; he forbade the acceptance of rewards absolutely, holding, as I suppose, that the man who takes them and is thereby corrupted can no longer be trusted by the state as a judge of sound policy.
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If, then, I can establish by clear proofs that the reports of the defendant, Aeschines, were entirely untruthful, and that he prevented the Assembly from hearing the truth from me; that his counsels were totally opposed to your true interests; that he disobeyed all your instructions when on embassy; that by his waste of time many important opportunities were lost to the city; and finally that for all these delinquencies he, as well as Philocrates, accepted presents and rewards; pronounce him guilty and exact a penalty adequate to his crimes. But if I fail to prove all these five charges, or any one of them, then call me an impostor, and acquit him.
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I have many further charges to add, such as must excite universal abhorrence; but, by way of preface, I will first remind you of what doubtless most of you remember,—of the party with which Aeschines at first ranged himself in politics, and of the speeches which he thought fit to make in opposition to Philip. In this way I hope to satisfy you that his early acts and speeches supply abundant proof of his present corruption.
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Aeschines, then, was the first man in Athens, as he claimed at the time in a speech, to perceive that Philip had designs against Greece, and was corrupting some of the magnates of Arcadia. It was he who, with Ischander, son of Neoptolemus, as his understudy, addressed the Council, and addressed the Assembly, on this subject, and persuaded them to send ambassadors to all the Greek states to convene a conference at Athens for the consideration of war with Philip.
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It was he who afterwards, on his return from Arcadia, gave a report of the fine long orations which he said he had delivered as your spokesman before the Ten Thousand at Megalopolis in reply to Philip’s champion Hieronymus, and he made a long story of the enormous harm which corrupt statesmen in the pay of Philip were doing not only to their own countries but to the whole of Greece.
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So on the strength of his policy at that time, and of the sample he had exhibited of his conduct, he was actually appointed as one of the ambassadors when you were induced by Aristodemus, Neoptolemus, Ctesiphon and others, who had brought entirely misleading reports from Macedonia, to send an embassy to negotiate peace with Philip. He was chosen, not as one who would make traffic of your interests, not as one who had any confidence in Philip, but as one of the party that was to keep an eye on the rest, for in view of his early speeches, and of his known hostility to Philip, it was natural that you should all have such an opinion of the man.
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Then he came to me and proposed that we should act together on the embassy, being especially urgent that we should jointly keep watch upon that infamous scoundrel Philocrates. And until after our return from the first embassy I at least, men of Athens, had no suspicion that he was corrupt and had already sold himself. For apart from the speeches which, as I said, he had made on former occasions, he rose at the first of the two assemblies at which you discussed terms of peace, and began with an exordium which I believe I can repeat to you in the very words he used:
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If Philocrates, men of Athens, had given many days to studying how best he could thwart the peace, I do not think he could have found a better way than the present proposal. Such a peace as this I for one will never advise the city to make, so long as a single Athenian remains alive; yet I do say that we ought to make peace. In such terms he spoke, concisely and with moderation.
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And then on the next day, when the peace was to be ratified, when I supported the resolutions of our allies, and did what I could to secure fair and equitable terms, and when the people sympathized with my purpose and refused to hear a word from the contemptible Philocrates, up jumped the very man who had made the speech I have quoted in the head of all of you only the day before, and addressed you in support of Philocrates,
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using language for which, as Heaven is my witness, he deserves to die many times over. He told you that you ought to forget the achievements of your forefathers; that you should not tolerate all that talk about old trophies and sea-fights; and that he would draft and enact a law forbidding aid to any Greeks who had not previously brought aid to you. This speech the shameless reprobate found courage to make while the ambassadors, whom you summoned from the Greek cities at his own suggestion, before he had sold himself, were standing at his elbow and listening to what he said.
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Well, you appointed him a second time, men of Athens, as an envoy to receive the oath of ratification; and I shall shortly have to tell you how he again wasted time, mishandled all the affairs of the commonwealth, and repeatedly fell out with me in regard to them when I tried to stand in his way. However, by reason of the persistent misconduct of these men, and their disobedience to instructions, we came back from the embassy for the oaths—that is the embassy which is the subject of the present scrutiny—without having realized any single one, great or small, of the advantages which were promised or expected when you approved the peace,—with nothing but deception and disappointment. Then we repaired to the Council. There are many eye-witnesses of what I am about to relate, for the Council-house was thronged with spectators.
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I came forward and reported the whole truth to the Council. I denounced these men, and told the whole story, point by point, beginning with those earlier hopes created by the reports of Ctesiphon and Aristodemus, going on to the more recent orations of Aeschines at the approval of the peace, and showing to what straits they had reduced the city. There remained the question of the Phocians and Thermopylae, and we must not—such was my advice—we must not repeat our experience, and throw them overboard, and so, in reliance upon a succession of idle hopes and assurances, allow ourselves to fall into the last extremity of disaster. I convinced the Council;
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but when the Assembly met, and we had to address the whole body of citizens, Aeschines took the first turn of all of us. And here I most earnestly entreat you to verify my account by your own recollections; for I am now relating transactions which ultimately brought your affairs to complete and final ruin. He utterly ignored the duty of giving a report of the doings of the embassy. He never mentioned the speeches made to the Council, or told you whether he disputed the truth of my statement. But he made such a fine speech, so full of big promises, that he carried you all away with him.
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For he declared that he had completely converted Philip to the interests of Athens in respect of the Amphictyonic question and of everything else. He went through a long diatribe against the Thebans, which he said he had addressed to Philip himself, recapitulating the main points. He offered you a calculation that, thanks to his diplomacy, without leaving your homes, without any campaigning or worry, within two or three days you would hear the news of the beleaguerment of Thebes, independently of the rest of Boeotia,
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of the repopulation of Thespiae and Plataea, and of the recovery of Apollo’s treasure, not from the Phocians, but from the Thebans, who had planned the seizure of the temple. It was himself, he added, who had instructed Philip that those who contrived the project were quite as sacrilegious as the men by whose hands it was executed; and therefore the Thebans had set a price on his head!
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He had even heard some Euboeans, who were thoroughly frightened by the friendship that had been cemented between Philip and Athens, utter these very words: Gentlemen of the Embassy, we know all about the terms on which you have concluded peace with Philip, and we are aware that you have given up Amphipolis to him, and that he has agreed to hand over Euboea to you. He had also, he said, settled another matter, but he thought it better not to mention it just yet—some of his colleagues were already so jealous of him. This was a veiled allusion to Oropus.
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And so, in all the glory of these disclosures, with everybody regarding him as a grand speaker and a marvellous man, he descended from the tribune in his most majestic manner. Then I rose, and said that the whole story was news to me. I attempted to repeat the statement I had made to the Council; but Aeschines and Philocrates posted themselves one on either side of me—shouting, interrupting, and finally jeering. You were all laughing; you would not listen to me, and you did not want to believe anything except what Aeschines had reported.
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And I must say that your feeling was quite natural. For how could anyone, filled with anticipation of those wonderful benefits, be patient of a speaker who told you that you would never get them, and even denounced the conduct of the benefactors? At the moment, I imagine, everything else was thrown into the shade by the hopes and expectations that were suggested to you; contradiction seemed to be mere annoyance and malice; and these great achievements were thought amazingly fine and most beneficial to the commonwealth.
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Why have I begun by reviving these memories and quoting those old speeches? My first and chief object, men of Athens, is that, when you hear me relate some performance that seems to you atrocious and incredible, no one may ask in surprise: Then why did you not speak out and give us this information instantly?
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but that, by recalling the assurances by which on every occasion these men stopped others from getting your attention, and that magnificent promise of Aeschines, you may realize that you have to thank him for this crowning injury,—that you were precluded from learning the truth promptly and at the proper time, being cheated by hopes and impostures and vain assurances.
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That, I say, is my first and main purpose in this narration. What is my second purpose? It is one of no less importance. I want you to remind yourselves of that policy of precaution and distrust of Philip which this man deliberately chose when he was still unbribed, and to compare the confidence and friendship that afterwards sprang up so suddenly;
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and then, if the fair reports he laid before you have really proved true, and if all the results have been fortunate, to admit the view that that friendship was formed for truth’s sake and in the best interests of the city; but, if the sequel has given the lie to all his predictions, if it has involved the city in much dishonor and in grievous perils, then be assured that his own sordid greed has prompted this change of front, because he has sold the truth for a bribe.
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Having allowed myself to refer to those old speeches, I wish to relate first of all how these men took the business of the Phocians out of your hands. Gentlemen of the jury, I hope that none of you will regard my charges and accusations as too big for the calibre of the defendant, measuring him against the magnitude of the transactions. Reflect rather that, if any man soever, placed by you in the position he filled, and trusted to deal with the occasions that arose, had taken hire, and had sought to deceive and mislead you as Aeschines did, he would have brought about exactly the same disaster as Aeschines.
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For though you often employ insignificant men for public business, it does not follow that those affairs are insignificant for which the rest of the world acknowledges our competence. Assuredly not. Again, it was Philip, of course, who really destroyed the Phocians; but these men co-operated. The question on which you are to fix your minds is whether they purposely wasted and threw away any chances that came to the embassy of saving the Phocians. I do not suggest that Aeschines destroyed the Phocians all by himself. How could he?
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Give me the resolution which the Council adopted on my report, and the evidence of the member who moved it on that occasion. These documents will satisfy you that I did not hold my peace then, to run away from my actions now,—for I was laying my complaint, and trying to forecast results, at the first opportunity; and also that the Council, not being debarred from hearing the truth from me, did not give these men either a vote of thanks, or an invitation to the public dinner in the Town Hall. We are told that these compliments had never before been withheld from any ambassadors since the foundation of Athens—not even from Timagoras,
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whom the Assembly condemned to death. These men, however, had to go without them.
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Read first the deposition, and then the resolution, to the jury. (The Deposition and the Resolution are read) Here is no commendation, no invitation from the Council to the ambassadors to dine in the Town Hall. If Aeschines says that such a thing exists, let him produce and exhibit it, and I will sit down. But no; there is none. Now, if all the envoys acted alike, the Council was right in thanking nobody,—for we had all in very truth behaved scandalously indeed. But if some acted rightly and others wrongly, the well-conducted, it would seem, must submit to a discourtesy provoked by those who had played the rogue.
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How then can you find an easy answer to the question, Who was the rogue? Consult your own recollections, and mark who denounced the transactions at the outset. For it is clear that, if the evil-doer could hold his peace, escape immediate detection, and never afterwards allow himself to be called to account, that was good enough for him; whereas the man with a good conscience bethought himself that it would be very hard if by keeping silence he should become a reputed accomplice in scandalous and wicked actions. Well then, it was I who denounced these men from the outset, and none of them denounced me.
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Well, the Council adopted this resolution. When the Assembly met, Philip was already at Thermopylae. For that is the beginning of their misdeeds; they had surrendered control to Philip and then,—although the right course for you was, first to hear the facts, next to decide, and finally to carry out your decision,—you heard nothing until he was already on the spot, and it was no easy matter to advise you what to do.
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Further, no one read the resolution to the Assembly, and the people never heard it. However, Aeschines rose and delivered that oration which I have already described, about the wonderful advantages he had induced Philip to grant to you, and the price set on his head by the Thebans in consequence; and so, although you were at first alarmed at Philip’s approach, and indignant that the ambassadors had given you no warning, you became as mild as lambs, expecting to get all that you desired, and refused to hear a word from me or anyone else.
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Then the letter from Philip was read. It had been composed by Aeschines without our knowledge, and was in fact a downright, explicit written defence of the errors these men had committed. For it alleges that Philip stopped them when they wanted to visit the towns and receive the oaths, and that he detained them in order that they might help him to reconcile the Halians with the Pharsalians; Philip takes on his own shoulders the burden of all their delinquencies:
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but of the Phocians and the Thespians, and of all the promises reported to you by Aeschines,—not a word! The job was not managed in this fashion by mere accident. For derelictions of duty, for which they ought to have been brought to justice, and for their failure to do their work according to your instructions, Philip takes all the blame. He tells you it was his fault,—and of course you were never likely to have any opportunity of punishing him!
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On the other hand, all the matters in which he was trying to cheat you and overreach you were left for Aeschines to report by word of mouth, so that you might never have it in your power to incriminate Philip or throw any blame on him, as the assertions were not to be found in the letter or in any other direct communication of his. Read to the jury the letter written by Aeschines and dispatched by Philip. You will observe that it agrees exactly with my description. Read. (The Letter is read)
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You hear the letter, men of Athens,—such a nice, courteous letter! But about the Phocians, about the Thebans, about everything that Aeschines reported—not a scrape of the pen! There is nothing in it that is honest, as you shall see at once. For he tells you that he detained them that they might help him to reconcile the Halians. Well, the reconciliation of the Halians consisted in their being cast out of their homes, and their country devastated. As for the prisoners, this man, who wanted to know what he could do to oblige you, declares that the idea of getting them liberated never entered his head.
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You know that evidence has already been given before the Assembly,—and that evidence shall now be repeated,—that I had started with a talent in my pocket for their ransom; and therefore, to rob me of a patriotic act, Aeschines persuaded Philip to write these words. Now for the most important point. The man who, in the first letter, which we brought home, wrote these words: I would write more explicitly of the benefits I intend to confer on you, if I were certain that the alliance will be made,—this man, now that the alliance has been made, says that he does not know how he can gratify you. Not know the very thing he promised! Why, he must have known it, unless he was hoodwinking us throughout. To prove, however, that he did so write at that time, please take and read the actual passage from the first letter,—beginning here. Read. (The Excerpt is read)
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You see that, before he got his peace, he covenanted that, if you should make alliance with him as well, he would specify in writing the great benefits that he would confer on Athens. But now that both peace and alliance are concluded, he says that he does not know what he can do to oblige you, but that, if you will tell him, he will do anything that is consistent with his own honor and reputation—taking refuge in this saving clause, and leaving himself a loophole in case you make any proposal or are induced to ask any favor.
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All this chicanery, and much besides, might have been instantly detected, and you might have been informed and spared the sacrifice of your interests, if you had not been cheated out of the truth by that story of Thespiae and Plataea and the imminent punishment of the Thebans. Yet if Philip’s promises were merely for show, and if the city was to be deluded, it was right to mention them; if, on the other hand, they were really to be fulfilled, it was best to say nothing about them. For if the project was so far matured that the Thebans could gain nothing by hearing of it, why has it not been executed? But if it has been thwarted because they had news of it in time, who let the secret out?
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Aeschines? Oh no; it was never meant to come off, and he neither wanted it nor expected it; let him be quit of the imputation of blabbing! The truth is that his purpose required that you should be hoodwinked by that talk; that you should refuse to hear the truth from me and should stay at home; and that they should triumphantly carry a decree ensuring the destruction of the Phocians. That is why this tissue of lies was woven; that is why it was made the theme of a popular harangue.
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Now when I heard him making all these fine promises, and knew to a certainty that he was lying,—but let me tell you why I knew. First, because, when Philip was on the point of swearing the oath of ratification, the Phocians were expressly excluded from the treaty by these men and that exclusion should have been passed over in silence, if the Phocians were to be delivered;
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and secondly because none of the ambassadors from Philip, nor Philip’s own letter, but only Aeschines, mentioned the promises.
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So drawing my conclusions, I rose and presented myself, and made an attempt to reply. When you refused me a hearing, I held my peace, except that I protested—and I entreat that you will recall this—that I had no knowledge of the promises, nothing to do with them, and, I added, no faith in them. At the words no faith in them, you became exasperated; and I proceeded: If any of these promises come true, men of Athens, be sure you give thanks and honors and decorations to these gentlemen; but not to me. If, however, things turn out otherwise, see that it is on them that you vent your wrath. I stand aside.
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Not now, said Aeschines, interrupting me, do not stand aside now; only do not put in your claim then. Agreed; said I, if I do, I shall be in the wrong. Then Philocrates rose, and said, in a very supercilious manner: No wonder Demosthenes and I disagree, men of Athens. He drinks water; I drink wine. And then you all laughed.
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Now look at the decree, which Philocrates afterwards drafted and handed to the clerk. It sounds well enough to the ear; but if you will take into account the occasion on which it was proposed, and the promises which Aeschines was making at the time, it will be clear that they were simply handing over the Phocians to Philip and the Thebans—I might almost say, with shackles on their wrists. Read the decree. (The Decree is read)
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You observe, men of Athens, how full the decree is of compliments and fine phrases; that it provides that the peace, and also the alliance, made with Philip shall be extended to his posterity; and that thanks are given to Philip for his promise of just dealings. But it was not Philip who had made any promises; so far from promising he says that he does not know what to do to oblige you.
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It was Aeschines who was Philip’s spokesman and gave undertakings. Then Philocrates, taking advantage of your ready acceptance of Aeschines’ words, inserts in the decree a clause providing that, if the Phocians should not do what was right and give up the temple to the Amphictyonic Council, the Athenian people should send a force to coerce the recalcitrants.
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And so, men of Athens, as you stayed at home instead of taking the field, as the Lacedaemonians had discerned Philip’s treachery and withdrawn, and as no members of the Council were on the spot except the Thessalians and the Thebans, he really has proposed, with the utmost civility, to hand the temple over to them. The wording is, to the Amphictyons; but what Amphictyons? There were none there except Thessalians and Thebans. He makes no such proposal as that the Amphictyonic Council should be convened, or that operations should be suspended until it meets, or that Proxenus should march against the Phocians, or that the Athenians should take the field.
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Philip, however, did send you two letters of summons. Yes, but not with the intention that you should take the field. That is certain; otherwise he would not have destroyed your opportunity of going out before he summoned you, nor would he have detained me when I wanted to sail home, nor ordered Aeschines to make statements calculated to deter you from going out. No, his object was that you, in the belief that he would do all that you wanted, should make no decree prejudicial to him, and the Phocians might not stand their ground and hold out in reliance upon hopes afforded by you, but might make unconditional surrender to him in sheer desperation. Read Philip’s actual letters. (The two Letters are read)
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These letters, then, do summon you,—yes, indeed, at last!
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But if there had been any honesty in the letters, it was clearly the duty of these men to exhort you to take the field, and to propose that Proxenus, whom they knew to be in those parts, should at once march to the aid of Philip. Their actual policy was very different. Naturally; for they did not apply their minds to the phrasing of the letter; they were in the secret of the intention with which it was written, and with that intention they concurred and cooperated.
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When therefore the Phocians learned your policy from the proceedings of the Assembly, received the decree of Philocrates, and were informed of the report and promises of Aeschines, their ruin was complete. Just consider. There were some men in Phocis, sensible men, who had no confidence in Philip. They were induced to trust him. Why? Because they conceived that, though Philip had deceived them ten times over, he would never have dared to deceive Athenians and envoys of the Athenian people, that the report of Aeschines was true, and that destruction had overtaken not themselves but the Thebans.
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There were others who were ready at all hazards to hold out to the end; but even they were mollified by the persuasion that Philip was their friend, and that, if they refused compliance, you, from whom they were expecting succor, would turn against them. A third party supposed that you regretted your treaty of peace with Philip; but they were now informed that you had actually decreed an extension of the treaty to Philip’s descendants, and so they abandoned all hope of your assistance. And that is why these men packed all those provisions into one decree.
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In my judgement they could not have done you a more grievous injury. To turn their treaty of peace with a mortal man, a mere potentate of occasion, into a covenant of immortal ignominy for the commonwealth; to strip their city of all she had, even of the largess of her good fortune; in the veriest extravagance of malice to heap injuries not only on the Athenians of today but upon all who shall hereafter be Athenians,—is not that an appalling iniquity?
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Never would you have consented to add to the treaty by afterthought the words and to his posterity, but for your confidence in the promises alleged by Aeschines. In those promises the Phocians confided,—and perished! They surrendered themselves to Philip; of their own accord they put their cities at his mercy; and their treatment has exactly contradicted all the assurances of Aeschines.
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To give you the clearest proof that that destruction was effected in this way by the contrivance of these men, I will submit a reckoning of the dates of the several transactions. If any of the defendants challenges my calculation, let him stand up and speak in the time
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allotted to me. Now the treaty was made on the nineteenth of Elaphebolion, and we were abroad receiving the oaths for three entire months. During the whole of that time the Phocians were safe.
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We returned from the oath-taking embassy on the thirteenth of Scirophorion, when Philip was already at Thermopylae and making promises to the Phocians which they were not disposed to believe. The proof of that is that otherwise they would not have resorted to you. Then the Assembly, at which these men brought the whole business to ruin with their lies and cajolery, was held on the sixteenth of Scirophorion.
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Now I calculate that the news from Athens reached the Phocians on the fourth day after that date, for there were Phocian envoys in the city, and they were interested in knowing what report these men would submit and what decree you would adopt. Therefore the twentieth was the day on which we reckon that the Phocians received the news, that is, the fourth day after the sixteenth. Then followed the twenty-first, twenty-second, twenty-third; and on the twenty-third the convention was made, and the fortunes of Phocis perished and came to an end.
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How, then, is this date proved? On the twenty-seventh, when you were holding an assembly at Peiraeus to discuss dockyard business, Dercylus arrived from Chalcis with the intelligence that Philip had put the whole affair into the hands of the Thebans, and he computed that it was then the fourth day after the convention. Twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven: that makes it the fourth day. Therefore these dates, together with their own reports and decrees, all convict these men of having co-operated with Philip, and they share with him the guilt of the destruction of the Phocians.
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Again, the consideration that not a city of the Phocians was taken forcibly, whether by blockade or assault, and yet that they were all brought to utter ruin under the convention, is a convincing proof that they perished because they had been persuaded through these men that Philip would deliver them; for about his character they had no illusions. Now give me our treaty with the Phocians, and the Amphictyonic decrees, under which they dismantled their defences. These documents will show you on what footing you stood with them, and what treatment they have received by the fault of these wicked men. Read. (The Treaty of Friendship between the Athenians and the Phocians is read)
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These are the relations that subsisted between you and them—friendship, alliance, succor. Now hear what they have suffered through the man who thwarted the succor you owed them. Read. (The Convention between Philip and the Phocians is read) You hear it, men of Athens. A convention between Philip and the Phocians, it says, not between the Thebans and the Phocians, or the Thessalians and the Phocians, or the Locrians, or any other of the nationalities then present. Again, it says that the Phocians are to surrender their cities to Philip, not to the Thebans, or the Thessalians, or any other people.
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Why? Because you had been assured by Aeschines that Philip had come to deliver the Phocians. In Aeschines they had confidence; to Aeschines they looked for aid; with Aeschines they were making their peace. Read the other documents. Now you shall see to what sufferings they were brought by that confidence. Does the story agree with, does it in any way resemble, those reports of Aeschines? Read. (The Decrees of the Amphictyonic Council are read)
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Men of Athens, nothing more awful or more momentous has befallen in Greece within living memory, nor, as I believe, in all the history of the past. Yet through the agency of these men all these great and terrible transactions have been dominated by a single individual, though the city of Athens is still in being, the city whose ancestral prerogative it was to stand forth as the champion of the Hellenic race, and declare that such things shall not be. In what fashion these unhappy Phocians have perished you may learn, not from the decrees alone,
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but from the deeds that have been wrought—a spectacle, men of
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, to move us to terror and pity indeed! Not long ago, when we were travelling to
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Delphi
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, necessity compelled us to look upon that scene—homesteads levelled with the ground, cities stripped of their defensive walls, a countryside all emptied of its young men; only women, a few little children, and old men stricken with misery. No man could find words adequate to the woes that exist in that country today. And yet these are the people—you take the words out of my mouth—these are the people who in the day of our trial
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openly cast their vote against the Thebans, when the question was the enslavement of us all!
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Then what vote, what judgement, men of Athens, do you think that our forefathers would give, if they could recover consciousness, at the trial of the men who devised the destruction of the Phocians? I conceive that they would account even those who should stone them to death with their own hands to be free of all bloodguiltiness. For is it not an ignominy—or use a stronger word if such there be—that, by the fault of these men, the people who saved us at that crisis, and gave for us the verdict of deliverance, have received evil in requital of good, and have been abandoned to the endurance of afflictions such as no people of the Greeks has ever known? And who is the author of those wrongs? Who is the contriver of that deception? Who but Aeschines?
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Men of Athens, Philip has many claims to congratulation on his good fortune, but beyond them all he might well be especially congratulated for one thing, in which I solemnly declare that I can name no man of our time who has been equally fortunate. Such achievements as the capture of great cities and the subjugation of a vast territory are, I suppose, enviable, as they are undoubtedly imposing; yet we could mention many other men who have done the like.
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But the stroke of good fortune I have in mind is peculiar to him and has befallen no other man. What is it? It is that, when he needed scoundrels for his purposes, he found bigger scoundrels than he wanted. For surely that is a fair description of the men who deceived you, hiring themselves out for lies which Philip, in spite of the great interests at issue, did not dare to tell on his own account, which he never wrote in any letter or put into the mouth of ambassadors of his own.
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Antipater and Parmenio, though they were in the service of a hard taskmaster, and though they were not likely to fall in with you again, nevertheless claimed exemption from serving as the agents of your beguilement; and yet citizens of Athens, the appointed envoys of the freest of all cities, men who must needs encounter you and look you in the face, who must live with you all the rest of their life, who would have to render you a strict account of their actions, accepted a commission to beguile you! Could any men be more wicked or more lost to all sense of shame?
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To show you that this man is already accursed by you, and that religion and piety forbid you to acquit one who has been guilty of such falsehoods,—recite the curse.Every meeting of the Assembly and of the Council opened with a form of prayer, which included a curse on the enemies of the state and was recited by the marshal (κῆρυξ) at the dictation of an under-clerk. The curse has nowhere been preserved, but a parody will be found in Aristoph. Thes. 331 ff. Take and read it from the statute: here it is. (The Statutory Commination is read) This imprecation, men of Athens, is pronounced, as the law directs, by the marshal on your behalf at every meeting of the Assembly, and again before the Council at all their sessions. The defendant cannot say that he is not familiar with it, for, when acting as clerk to the Assembly and as an officer of the Council, he used to dictate the statute to the marshal.
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Would you not have acted absurdly and preposterously if today, when the power is in your own hands, you should preclude yourselves from doing what you enjoin, or rather require, the gods to do on your behalf; if you should yourselves release a man whom you have implored them to extirpate along with his household and his kindred? Never! Leave the undetected sinner to the justice of the gods; but about the sinner whom you have caught yourselves, lay no further injunctions on them.
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I am informed that he has become so proficient in effrontery and hardihood that he will disavow all his acts—his reports, his promises, his deceptions of the city—as though he were not on trial before a jury that knows the whole truth, and that he will denounce first the Lacedaemonians,then the Phocians, and then Hegesippus. That is buffoonery, nay, barefaced impudence.
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Whatever he may say just now about the Phocians or the Lacedaemonians or Hegesippus,—that they did not receive Proxenus, that they are irreligious, that they are—anything he can say to their disadvantage,—surely all that was finished and done with before the return of the envoys to Athens, and therefore could not have stood in the way of the deliverance of the Phocians. Who says so? Why, Aeschines here, the defendant himself.
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For he did not allege in his report that, but for the Lacedaemonians, but for their refusal to receive Proxenus, but for Hegesippus, but for this or that, the Phocians would have been delivered. He passed over all that, and declared explicitly that before his return he had persuaded Philip to deliver the Phocians, to repopulate Boeotia, and to put the whole business into your hands; that it would all be accomplished within two or three days, and that in revenge the Thebans had set a price upon his head.
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Do not, then, listen to anything that had been done by Lacedaemonians or Phocians before he made his report; do not let him talk about it; do not permit him to denounce the Phocians and call them rascals. You saved the Lacedaemonians in old time, and those accursed Euboeans lately, and many other peoples, not because they were virtuous, but because their safety profited Athens, as that of the Phocians would today. What transgression did the Phocians or the Lacedaemonians or you or anyone else commit after Aeschines’ speech, that the promises made by him to you then should not be fulfilled?
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Ask him that question. He can point to none. For he made his lying report, you believed it, the Phocians heard of it, surrendered, and perished, all within a period of five days only. Hence it is clearly evident that the ruin of the Phocians was nothing but a concoction of deceit and artifice. For during the time when Philip was unable to march by reason of the peace, but was already laying his plans, he sent for the Lacedaemonians, promising to do everything for them, so that the Phocians might not, through your agency, secure their help.
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But when he had reached Thermopylae, and when the Lacedaemonians, detecting the snare, had withdrawn, he sent Aeschines as his agent in advance for your deception, lest, when you discovered that he was acting in the interest of the Thebans, he should be involved once more in delays and fighting and waste of time with the Phocians resisting him, and you helping them. In this way he hoped to obtain complete mastery without a struggle. And so it fell out. Aeschines, then, must not escape punishment for deceiving you, merely because Philip deceived the Lacedaemonians and the Phocians. That would be unjust indeed.
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If as an offset to the Phocians and Thermopylae and all our other losses he tells you that the city still retains the Chersonese, I adjure you not to accept that excuse. In addition to the wrongs he has done you by his embassy, you must not suffer him by his defence also to fasten upon the city the reproach that, while stealthily securing some of your own possessions, you made sacrifice of the safety of your allies. You did no such thing. Peace was concluded; the Chersonese was secure; and then for the four ensuing months the Phocians were not imperilled, until you were deceived, and the Phocians destroyed, by this man’s mendacity.
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Moreover, you will find that the Chersonese is in greater danger now than then. When would it have been easier to punish Philip for wrongful aggression upon that country—before he forestalled us at Thermopylae, or today? Surely far easier then! What, then, does it profit us that we still retain the Chersonese, if the man, who would have invaded it if he could, is freed from the apprehensions and perils that deterred him?
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I hear of another argument he will use: he will wonder why his accuser is Demosthenes and not one of the Phocians. I had better explain at once how the matter stands. The best and most respectable of the expatriated Phocians, being exiled and in distress, are living peaceably, and none of them would be willing to incur private animosity on account of the misfortunes of the nation, while those who might have done anything for a fee find that there is no one to pay it them.
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For I would never pay a man a farthing to stand here by my side and make an outcry about his sufferings, since truth and fact cry out loudly enough. Nay more, the commonalty of the Phocians are in such an evil and pitiable plight that there is no question with them of prosecuting at an Athenian scrutiny—only of living like slaves in mortal terror of Thebans and of Philip’s mercenaries, who are billeted on them after they have been disarmed and distributed among villages.
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Do not allow this plea. No, Aeschines must prove either that the Phocians are not ruined, or that he did not promise that Philip would protect them. These are the questions for a scrutiny of an embassy: What has been accomplished? What did you report? If the truth,—go in peace; if falsehood,—take your punishment. What matter if the Phocians are not in court? You have played your part in reducing them to such straits that they can neither help their friends nor repel their enemies.
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Moreover, apart from the discredit and infamy attached to these transactions, it is easy to show that they have involved the commonwealth in very serious perils. You all know that the prowess of the Phocians, and their control of the pass of Thermopylae, gave us security against the Thebans, and ensured that neither Philip nor the Thebans would invade either the Peloponnesus, or Euboea, or Attica.
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But, overborne by the impostures and falsehoods of these men, you have flung away the security of position and circumstances which the city enjoyed. That security was fortified by arms and an unbroken front, by strongholds of our allies and a broad territory; and you have acquiesced in its devastation. Your former expedition to Thermopylae, made at a cost of more than two hundred talents, if you include the private expenses of the troops, has gone to waste; and so have all your hopes respecting the Thebans.
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But of all the many shameful services rendered by Aeschines to Philip, let me mention the one that really implied the most insolent disdain of the city and of you all. Philip was resolved from the first to do for the Thebans all that he has done, but Aeschines by the perversions of his report revealed your repugnance, and so intensified both your hostility and Philip’s friendliness towards the Thebans. How could the man have treated you more arrogantly?
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Now take and read the decrees of Diophantus and of Callisthenes. They will show you how, when you did your duty, you made it an occasion of services of praise and thanksgiving, both at Athens and abroad; but when you had been led astray by these men, you brought your wives and children in from the country, and ordered the festival of Heracles to be held within the walls, in time of peace. It makes me wonder whether you will release unpunished a man who has deprived even the gods of immemorial observances. Read the decree. (The Decree of Diophantus is read) So you decreed at that time, men of Athens, agreeably to your achievements. Now read the next. (The Decree of Callisthenes is read)
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That is the decree you then made; and you owe it to these men. It was not with such expectations that you either made the first draft of the peace and alliance, or subsequently consented to add the words, and to his posterity, but in the hope of marvellous benefits through their agency. Yes, and since then you all remember how many times you have been agitated by news of Philip’s army and auxiliaries at Porthmus or at Megara. True, he has not yet set foot in Attica; but you must not look only at that and abate your vigilance,—you must bear in mind that, thanks to these men, he has it in his power to do so whenever he chooses. You must keep that danger before your eyes, and abhor and punish the author and purveyor of that power.
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No doubt Aeschines will eschew a direct reply to the charges alleged, and in his desire to lead you as far as possible away from the facts, he will dilate on the great blessings that peace brings to the world and set against them the evils of war. He will eulogize peace in general terms, and that will be his defence. But all those considerations tell against him. For, if peace, which brings blessings to others, has brought so much vexation and bewilderment to you, what are we to say except that these men with their bribe-taking have perverted to evil a thing in itself excellent? What next?
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Perhaps he will ask: Do you not retain, and shall you not retain through the peace, three hundred war-galleys with stores and money for them? In reply to that, you have to reflect that Philip also has greatly strengthened his position owing to the peace, as regards his material resources in arms, in territory, in revenues, which last have increased largely.
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And so indeed have ours, to some extent. But as to those other resources, of policy and of alliance,—and it is by them that all nations hold advantages for themselves or for stronger states—in our case, bartered away by these men, they have perished, or at least deteriorated: his are now formidable and far greater.
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It is surely unfair that, while Philip, thanks to these men, enjoys extended alliances and increased revenues, the advantages that we should in any case have gained from the peace should be reckoned by them as a set-off against those that they have sold. For our gains are not a compensation for our losses; far from it! No; what we now have would equally have been ours, and what we have not would have been added to us, but for these men.
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Speaking generally, men of Athens, you will doubtless agree that, however many misfortunes have befallen the city, if Aeschines had no hand in them, they ought not to be visited upon him. On the other hand, if the right policy has been taken by others, it is not fair that their success should save him. Take into account everything to which he contributed; requite him with gratitude, if he deserves it, with resentment, if his conduct provokes resentment.
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How then will you reach a right conclusion? Do not allow him to make a hotch-potch of the faults of the generals, the war with Philip, the blessings of peace; but consider one thing at a time. For example, we were at war with Philip. True. Does anyone blame Aeschines for that? Does anyone wish to arraign him for the events of the war? Not a single man. Then so far he is acquitted; he need not say a word. A defendant should adduce witnesses and submit proofs on the issues in dispute, not mislead the jury by addressing his defence to points of agreement. You are not to say anything about the war, Aeschines. No one blames you for that.
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Afterwards certain persons advised us to make peace; we took their advice; we sent ambassadors; and they brought back to Athens envoys authorized to conclude peace. Here again no one blames Aeschines. Does anyone allege that he broached the question of peace? Or that he acted wrongly when he brought the delegates here? Not a single man. Then about the mere fact that the city made peace he need not say a word; for that he is not chargeable.
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Suppose I am asked: What do you mean, sir? At what point do you begin your accusations? I begin at this point, men of Athens—at the time when you were deliberating, not whether peace should or should not be made—that question was already decided—but what sort of peace. Then he contradicted men who spoke honestly, and he supported the mover of a venal resolution, being himself bribed. Afterwards, when appointed to receive the oaths of ratification, he disobeyed every one of your instructions; he brought to ruin allies of ours whose safety had never been imperilled in time of war; and he told lies which both in quantity and quality exceed all records of human mendacity before or since. At the outset, until Philip got a hearing on the question of peace, Ctesiphon and Aristodemus undertook the first initiation of the imposture, but, when the business was ripe for action, they passed it on to Philocrates and the defendant, who took it over, and completed the enterprise of destruction.
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And now that he is answerable for his misdeeds, and must stand his trial, being as he is a knave, a scoundrel, and—a government clerk,
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he will conduct his defence as if he were on trial for the peace, not to make his justification broader than his indictment—that would be folly—but because he can see in his own acts nothing that is good, nothing that is not criminal, while a defence of the peace, if it has no other merit, will enable him to pose as a Friend of Humanity.
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Speaking of the peace, I fear, men of Athens, I sadly fear that we are unconsciously enjoying it like men who borrow money at a high rate of interest. For these men have betrayed the security and guarantee of the peace—the Phocians and Thermopylae. Anyhow, we have not to thank the defendant for peace. What I am going to say is strange, but quite true. If any man is really pleased with the peace, let him be grateful to those generals whom everyone denounces. For, had they fought to your satisfaction, you would have scorned the very name of peace.
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Peace, then, we owe to the generals; a perilous, insecure, and precarious peace to these men and their venality. Put a stop, then, to his eloquence about the peace. Make him address himself to his own performances. Aeschines is not on trial for the peace; the peace is discredited through Aeschines. That is easily proved. Suppose that the peace had been concluded, and that you had not thereafter been deluded, and none of your allies destroyed—what human being would the peace have aggrieved? I mean, apart from the consideration that it was not a glorious peace. For that fault Aeschines is indeed partly to blame, as he supported Philocrates. However, in the case supposed, no incurable mischief would have been done. As the case stands, he is answerable for a great deal.
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Well, I suppose that you are satisfied that all this ruin and mischief was shamefully and wickedly perpetrated by these men. For my part, gentlemen of the jury, I am so reluctant to play the informer in these matters, or to ask you to do so, that, if we are dealing with blunders due to stupidity or simplicity or any other sort of ignorance, I acquit Aeschines, and invite you to do the like.
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And yet ignorance is not a fair excuse in public life; no man is required or compelled by you to handle politics. When a man puts himself forward with a persuasion of his own ability, you receive his advances, as kindly and courteous people should, with goodwill and without jealousy; you give him appointments and entrust him with public business.
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If he succeeds, he will be honored, and so far will gain an advantage over ordinary people; but if he fails, shall he put forward excuses and apologies? That would be unfair. For it would be very poor consolation indeed to our ruined allies, or to their wives and children and the rest, to be told that their sufferings were due to stupidity on my part, not to say on his.