{47} Now consider the decree which Philocrates proposed and handed in.[n] An excellent resolution it sounds, as you hear it now. But when you take into account the occasion on which it was proposed, and the promises which Aeschines was then making, you will see that their action amounts to nothing less than a surrender of the Phocians to Philip and the Thebans, and that, practically, with their hands tied behind their backs. (_To the clerk._) Read the decree.

[_The decree is read._]

{48} There, men of Athens, is the decree, overflowing with expressions of grat.i.tude and auspicious language. 'The Peace,' it says, 'which is granted to Philip shall be granted on the same terms to his descendants, and also the alliance.' Again, we are 'to thank Philip for his promised acts of justice'. Yet Philip made no promises: so far was he from making promises that he said he did not know what he could do to gratify you. {49} It was Aeschines who spoke in his name, and made the promises. Then Philocrates took advantage of the enthusiasm which Aeschines' words aroused in you, to insert in the decree the clause, 'and unless the Phocians act as they are bound, and surrender the temple to the Amphictyons, the Athenian people will render their a.s.sistance against those who still stand in the way of such surrender.' {50} Thus, men of Athens, at a time when you were still at home and had not taken the field, when the Spartans had foreseen the deception and retired, and when none of the Amphictyons were on the spot but the Thessalians and Thebans, he proposes in the most innocent-sounding language in the world that they shall deliver up the temple to these. For he proposes that they shall deliver it up to the Amphictyons. But what Amphictyons?

for there were none there but the Thessalians and Thebans. He does not propose that the Amphictyons should be convoked, or that they should wait until the Amphictyons met or that Proxenus should render a.s.sistance in Phocis, or that the Athenians should take the field, or anything of the sort. {51} Philip did indeed actually send two letters to summon you.[n] But he did not intend you really to march from Athens. Not a bit of it! For he would not have waited to summon you until he had seen the time go by in which you could have set out; nor would he have tried to prevent me, when I wished to set sail and return hither; nor would he have instructed Aeschines to speak to you in the terms which would be least likely to cause you to march. No! he intended that you should fancy that he was about to fulfil your desires, and in that belief should abstain from any resolution adverse to him; and that the Phocians should, in consequence, make no defence or resistance, in reliance upon any hopes inspired by you, but should put themselves into his hands in utter despair. (_To the clerk._) Read to the jury the letters of Philip.

[_The letters are read._]

{52} Now these letters summon you, and that, forsooth, instantly; and it was surely for Aeschines and his party, if the proceeding was in any way genuine, to support the summons, to urge you to march, and to propose that Proxenus, whom they knew to be in those parts, should render a.s.sistance at once. Yet it is plain that their action was of precisely the opposite character; and naturally so. For they did not attend to the terms of the letter, but to the intention with which Philip wrote it. {53} With this intention they co-operated, and to this they strove to give effect. As soon as the Phocians had learned the news of your proceedings in the a.s.sembly, and had received this decree of Philocrates, and heard the defendant's announcement and his promises, everything combined to effect their doom. Consider the circ.u.mstances. There were some of them who had the wisdom to distrust Philip. These were induced to trust him. And why? Because they believed that even if Philip were trying to deceive them ten times over, the amba.s.sadors of Athens, at least, would never dare to deceive their own countrymen. This report which Aeschines had made to you must therefore be true: it was the Thebans, and not themselves, whose hour had come. {54} There were others who advocated resistance at all hazards; but these too were weakened in their resolution, now that they were persuaded that they could count upon Philip's favour, and that, unless they did as they were bidden, you, whose a.s.sistance they were hoping for, would march against them. There was also a third party, who thought that you repented of having made the Peace with Philip; but to these they pointed out that you had decreed that the same Peace should hold good for posterity also; so that on every ground, all a.s.sistance from you was despaired of. That is why they crowded all these points into one decree.

{55} And in this lies, I think, the very greatest of all their crimes against you. To have made a Peace with a mortal man, whose power was due to the accidents of the moment--a Peace, whereby they covenanted that the disgrace brought upon the city should be everlasting; to have robbed the city, not only of all beside, but even of the benefits that Fortune might hereafter bestow: to have displayed such superabundant villany as to have done this wicked wrong not only to their countrymen now living, but also to all those who should ever thereafter be born--is it not utterly atrocious? {56} And this last clause, by which the Peace was extended to your descendants, you would certainly never have allowed to be added to the conditions of peace had you not then placed your trust in the promises announced by Aeschines, as the Phocians placed their trust in them and perished. For, as you know, they delivered themselves up to Philip; they gave their cities into his hands; and the consequences which befell them were the exact opposite of all that Aeschines had predicted to you.

{57} That you may realize plainly that this calamity was brought about in the manner that I have described, and that they are responsible for it, I will go through the dates at which each separate event occurred; and if any one can contradict me on any point, I invite him to rise and speak in the time allotted to me. The Peace was made on the 19th of Elaphebolion, and we were away on the mission which was sent to receive the oaths three whole months. {58} All this time the Phocians remained unharmed. We returned from that mission on the 13th of Scirophorion. Philip had already appeared at Thermopylae, and was making promises to the Phocians, none of which they believed--as is proved, when you consider that otherwise they would not have appealed to you. Then followed the a.s.sembly, at which, by their falsehoods and by the deception which they practised upon you, Aeschines and his party ruined the whole cause. {59} That was on the 16th of Scirophorion. Now I calculate that it was on the fifth day that the report of your proceedings reached the Phocians: for the Phocian envoys were here on the spot, and were deeply concerned to know what report these men would make, and what your resolution would be. That gives us the 20th as the date on which, as we calculate, the Phocians heard of your proceedings; for, counting from the 16th, the 20th is the fifth day. Then followed the 21st, the 22nd, and the 23rd. {60} On the latter day the truce was made, and the ruin of the Phocians was finally sealed. This can be proved as follows. On the 27th you were holding an a.s.sembly in the Peiraeus, to discuss the business connected with the dockyards, when Dercylus arrived from Chalcis with the news that Philip had put everything into the hands of the Thebans, and that this was the fifth day since the truce had been made. 23rd, 24th, 25th, 26th, 27th--the 27th is the fifth day precisely. Thus the dates, and their reports and their proposals-- everything, in short, convicts them of having co-operated with Philip, and of sharing with him the responsibility for the overthrow of the Phocians. {61} Again, the fact that none of the towns in Phocis was taken by siege or by an attack in force, and that the utter ruin of them all was the direct consequence of their truce with Philip, affords the strongest evidence that it was the belief inspired in the Phocians by these men, that they would be preserved from destruction by Philip, which was the cause of their fate. Philip himself they knew well enough. (_To the clerk._) Bring me our treaty of alliance with the Phocians, and the decrees under which they demolished their walls. (_To the jury._) You will then realize what were the relations between themselves and you, upon which they relied, and what nevertheless was the fate which befell them through the action of these accursed men. (_To the clerk._) Read.

[_The Treaty of Alliance between the Athenians and Phocians is read._]

{62} These, then, were the things for which they relied upon you--friendship, alliance, and a.s.sistance. Now listen to what befell them, because Aeschines prevented your going to their a.s.sistance. (_To the clerk._) Read.

[_The Agreement between Philip and the Phocians is read._]

You hear it, men of Athens. 'An Agreement between Philip and the Phocians,' it runs--not between the Thebans and the Phocians, nor the Thessalians and the Phocians, nor the Locrians, nor any one else who was there. Again, 'the Phocians shall deliver up their cities to Philip'--not to the Thebans or Thessalians or any one else. {63} And why? Because the defendant's report to you was that Philip had crossed the Pa.s.s with a view to the preservation of the Phocians.

Thus it was Aeschines in whom all their trust was placed; it was with him in their minds that they considered the whole situation; it was with him in their minds that they made the Peace. (_To the clerk._) Now read the remainder. (_To the jury._) And do you observe for what they trusted him, and what treatment they received. Does it show any resemblance or similarity to what Aeschines predicted in his report? (_To the clerk._) Read on.

[_The decrees of the Amphictyons are read._]

{64} Men of Athens, the horror and the immensity of this calamity have never been surpa.s.sed in our day in the h.e.l.lenic world, nor even, I believe, in the time before us. Yet these great and dreadful events a single man has been given power to bring about, by the action of these men, while the city of Athens was still in being--Athens, whose traditional policy is to stand as the champion of the h.e.l.lenic peoples, and not to suffer anything like this to take place. The nature of the ruin which the unhappy Phocians have suffered may be seen, not only from these decrees, but also from the actual results of the action taken, and an awful and piteous sight it is, men of Athens. {65} For when recently we were on our way to Delphi[n] we could not help seeing it all--houses razed to the ground, cities stripped of their walls, the land dest.i.tute of men in their prime--only a few poor women and little children left, and some old men in misery. Indeed, no words can describe the distress now prevailing there. Yet this was the people, I hear you all saying, that once gave its vote against the Thebans,[n] when the question of your enslavement was laid before them. {66} What then, men of Athens, do you think would be the vote, what the sentence, that your forefathers would give, if they could recover consciousness, upon those who were responsible for the destruction of this people? I believe that if they stoned them to death with their own hands, they would hold themselves guiltless of blood. Is it not utterly shameful--does it not, if possible, go beyond all shame--that those who saved us then, and gave the saving vote for us, should now have met with the very opposite fate through these men, suffering as no h.e.l.lenic people has ever suffered before, with none to hinder it? Who then is responsible for this crime? Who is the author of this deception? Who but Aeschines?

{67} Of all the many reasons for which Philip might be congratulated with good cause upon his fortune, the chief ground of congratulation is a piece of good fortune, to which, by every Heavenly Power, I cannot find any parallel in our days. To have captured great cities, to have reduced a vast expanse of territory to subjection, and all similar actions, are, of course, enviable and brilliant achievements--undeniably so. But many other persons might be mentioned who had achieved as much. {68} The good fortune of which I am about to speak is peculiar to Philip, and has never been given to any other. It is this--that when he needed scoundrels to do his work for him, he found even greater scoundrels than he wanted. For as such we have surely good reason to think of them. For when there were falsehoods which Philip himself, in spite of the immense interests which he had at stake, did not dare to utter on his own behalf--which he did not set down in any of his letters, and which none of his envoys uttered--these men sold their services for the purpose, and undertook your deception. {69} Antipater and Parmenio, servants of a master as they were, and unlikely ever to find themselves in your presence again, none the less secured for themselves that _they_ should not be the instruments in your deception, while these men, who were Athenians, citizens of the most free city, and held an official position as your amba.s.sadors--though they would have to meet you and look you in the face, and pa.s.s the remainder of their lives among you, and render before you an account of their actions--they, I say, undertook the task of deceiving you. How could vileness or desperation go further than this?

{70} But I would have you understand further that he is under your curse, and that you cannot, without violation of religion and piety, acquit him, when he has thus lied to you. (_To the clerk._) Recite the Curse. Take it from me, and read it out of the law.

[_The Curse is read._]

This imprecation is p.r.o.nounced in your name, men of Athens, by the herald, at every meeting of the a.s.sembly, as the law appoints; and when the Council sits, it is p.r.o.nounced again there. Nor can Aeschines say that he did not know it well. He was your under-clerk and servant to the Council, and used himself to read this law over[n] to the herald. {71} Surely, then, you will have done a strange and monstrous thing, men of Athens, if to-day, when you have it in your power, you should fail to do for yourselves the thing which you enjoin upon the G.o.ds, or rather claim from them as your due; and should acquit a man whom you pray to the G.o.ds to destroy utterly--himself, his race and his house. You must not do this. You may leave it to the G.o.ds to punish one whom you cannot yourselves detect; but when you have yourselves caught the criminal, you must no longer lay the task of punishing him upon the G.o.ds.

{72} Now I am told that he intends to carry his shamelessness and impudence so far, as to avoid all mention of his own proceedings--his report, his promises, the deception he has practised upon the city--as though his trial were taking place before strangers, instead of before you, who know all the facts; and that he intends to accuse first the Spartans,[n] then the Phocians,[n] and then Hegesippus.[n] {73} That is mere mockery; or rather, it is atrocious shamelessness. For all that he will allege to-day against the Phocians or the Spartans or Hegesippus--their refusal to receive Proxenus, their impiety--let him allege what he will--all these allegations refer, as you know, to actions which were already past when these amba.s.sadors returned to Athens, and which were no obstacle to the preservation of the Phocians--the admission is made by whom? By the defendant Aeschines himself. For what was his report on that occasion? {74} Not that if it had not been for their refusal to receive Proxenus, nor that if it had not been for Hegesippus, nor that if it had not been for such and such things, the Phocians would have been saved. No! he discarded all such qualifications, and stated expressly that before he returned he had persuaded Philip to save the Phocians, to repeople Boeotia, and to arrange matters to suit your convenience; that within two or three days these things would be accomplished facts, and that for this reason the Thebans had set a price upon his head. {75} Refuse then, to hear or to tolerate any mention of what had already been done, either by the Spartans or by the Phocians, before he made his report; and do not let him denounce the rascality of the Phocians. It was not for their virtue that you once saved the Spartans, nor the Euboeans, that accursed people! nor many others; but because the interests of the city demanded their preservation, as they demanded that of the Phocians just now. And what wrong was done either by the Phocians or by the Spartans, or by yourselves, or by any one else in the world after he made those declarations, to prevent the fulfilment of the promises which he then made? Ask him that: for that is what he will {76} not be able to show you. It was within five days--five days and no more--that Aeschines made his lying report, that you believed him, that the Phocians heard of it, surrendered themselves and perished. This, I think, makes it as plain as it can possibly be, that the ruin of the Phocians was the result of organized deceit and trickery, and of nothing else.[n] For so long as Philip was unable to proceed to Phocis on account of the Peace,[n] and was only waiting in readiness to do so, he kept sending for the Spartans, promising to do all that they wished,[n]in order that the Phocians might not win {77} them over to their side by your help. But when he had arrived at Thermopylae, and the Spartans had seen the trap and retired, he now sent Aeschines in advance to deceive you, in order that he might not, owing to your perceiving that he was playing into the hands of the Thebans, find himself once more involved in loss of time and war and delay, through the Phocians defending themselves and your going to their a.s.sistance, but might get everything into his power without a struggle; and this is what has in fact happened. Do not, then, let the fact that Philip deceived the Spartans and Phocians as well as yourselves enable Aeschines to escape his punishment for deceiving you. That would not be just.

{78} But if he tells you that, to compensate for the Phocians and Thermopylae and all your other losses, you have retained possession of the Chersonese, do not, in Heaven's name, accept the plea! Do not tolerate the aggravation of all the wrong that you have suffered through his conduct as amba.s.sador, by the reproach which his defence would bring upon the city--the reproach of having sacrificed the existence of your allies, in an underhand attempt to save part of your own possessions! You did not act thus; for when the Peace had already been made, and the Chersonese was no longer in danger, there followed four whole months[n] during which the Phocians remained unharmed; and it was not until after this that the lying statements of Aeschines brought about their ruin by deceiving you. {79} And further, you will find that the Chersonese is in much greater danger now than it was then. For when do you think that we had the greater facilities for punishing Philip for any trespa.s.s against the Chersonese?--before he stole any of these advantages from the city, or now? For my part, I think we had far greater facilities then. What, then, does this 'retention of the Chersonese' amount to, when all the fears and the risks which attended one who would have liked to attack it have been removed?

{80} Again, I am told that he will express himself to some such effect as this-- that he cannot think why he is accused by Demosthenes, and not by any of the Phocians. It is better that you should hear the true state of the case from me beforehand. Of the exiled Phocians, the best, I believe, and the most respectable, after being driven into banishment and suffering as they have suffered, are content to be quiet, and none of them would consent to incur an enmity which would fall upon himself, on account of the calamities of his people: while those who would do anything for money have no one to give it to them. {81} For a.s.suredly _I_ would never have given any one anything whatever to stand by my side here and cry aloud how cruelly they have suffered. The truth and the deeds that have been done cry aloud of themselves. And as for the Phocian people,[n] they are in so evil and pitiable a plight, that there is no question for them of appearing as accusers at the examination of every individual amba.s.sador in Athens. They are in slavery, in mortal fear of the Thebans and of Philip's mercenaries, whom they are compelled to support, broken up into villages as they are and stripped of their arms. {82} Do not, then, suffer him to urge such a plea. Make him prove to you that the Phocians are not ruined, or that he did not promise that Philip would save them. For the questions upon which the examination of an amba.s.sador turns are these: 'What have you effected? What have you reported? If the report is true, you may be acquitted; if it is false, you must pay the penalty.' How can you plead the non- appearance of the Phocians, when it was you yourself, I fancy, that brought them, so far as it lay in your power, into such a condition that they could neither help their friends nor repel their enemies.

{83} And further, apart from all the shame and the dishonour in which also these proceedings are involved, it is easy to show that in consequence of them the city has been beset with grave dangers as well. Every one of you knows that it was the hostilities which the Phocians were carrying on, and their command of Thermopylae, that rendered us secure against Thebes, and made it impossible that either Philip or the Thebans should ever march into the Peloponese or into Euboea or into Attica. {84} But this guarantee of safety which the city possessed, arising out of the position of Thermopylae and the actual circ.u.mstances of the time, you were induced to sacrifice by the deceptions and the lying statements of these amba.s.sadors--a guarantee, I say, fortified by arms, by a continuous campaign, by great cities of allies, and by a wide tract of territory; and you have looked on while it was swept away. Fruitless has your first expedition to Thermopylae become--an expedition made at a cost of more than two hundred talents, if you include the private expenditure of the soldiers--and fruitless your hopes of triumph over Thebes! {85} But of all the wicked services which he has done for Philip, let me tell you of that which is in reality the greatest outrage of all upon Athens and upon you all. It is this --that when Philip had determined from the very first to do for the Thebans all that he has done, Aeschines, by reporting the exact opposite to you, and so displaying to the world your antagonism to Philip's designs, has brought about for you an increase in the enmity between yourselves and the Thebans, and for Philip an increase in their grat.i.tude. How could a man have treated you more outrageously than this?

(_To the clerk._) {86} Now take and read the decrees of Diophantus[n] and Callisthenes[n]; (_to the jury_) for I would have you realize that when you acted as you ought, you were thought worthy to be honoured with public thanksgivings and praises, both at home and abroad; but when once you had been driven astray by these men, you had to bring your children and wives in from the country, and to decree that the sacrifice to Heracles[n] should take place within the walls, though it was a time of peace. And in view of this it is an amazing idea, that you should dismiss unpunished a man who even prevented the G.o.ds from receiving their worship from you after the manner of your fathers.

(_To the clerk._) Read the decree.

[_The decree of Diophantus is read._]

This decree, men of Athens, was one which your conduct n.o.bly deserved. (_To the clerk._) Now read the next decree.

[_The decree of Callisthenes is read._]

{87} This decree you pa.s.sed in consequence of the action of these men. It was not with such a prospect in view that you made the Peace and the alliance at the outset, or that you were subsequently induced to insert the words which extended them to your posterity. You expected their action to bring you benefits of incredible value. Aye, and besides this, you know how often, after this, you were bewildered by the report that Philip's forces and mercenaries were threatening Porthmus or Megara. You have not then to reflect contentedly that Philip has not yet set foot in Attica. You have rather to consider whether their action has not given him power to do so when he chooses. It is that danger that you must keep before your eyes, and you must execrate and punish the man who is guilty of putting such power into Philip's hands.

{88} Now I am aware that Aeschines will eschew all defence of the actions with which he is charged, and that, in his desire to lead you as far away as possible from the facts, he will enumerate the great blessings which Peace brings to all mankind, and will set against them the evils that follow in the train of war.

His whole speech will be a eulogy of peace, and in that will consist his defence. But such an argument actually incriminates the defendant further. If peace, which brings such blessings to all other men, has been the source of such trouble and confusion to us, what explanation can be found, except that they have taken bribes and have cruelly marred a thing by nature so fair? {89} 'What?' he may say, 'have you not to thank the Peace for three hundred ships, with their fittings, and for funds which remain and will remain yours?' In answer to this, you are bound to suppose that, thanks to the Peace, Philip's resources too have become far more ample--aye, and his command of arms, and of territory, and of revenues, which have accrued to him to such large amounts.

{90} We, too, have had some increase of revenue. But as for power and alliances, by the establishment of which all men retain their advantages, either for themselves or their masters, ours have been sold by these men--ruined and enfeebled; while Philip's have become more formidable and extensive by far. Thus it is not fair that while Philip has been enabled by their action to extend both his alliances and his revenue, all that would in any case have been ours, as the result of the Peace, should be set off against what they themselves sold to Philip. The former did not come to us in exchange for the latter. Far from it!

For had it not been for them, not only should we have had the former, as we have now, but we should have had the latter as well.

{91} You would doubtless admit, men of Athens, in general terms, that, on the one hand, however many and terrible the disasters that have befallen the city, your anger cannot justly be visited upon Aeschines, if none of them has been caused by him; and that, on the other hand, Aeschines is not ent.i.tled to be acquitted on account of any satisfactory results that may have been accomplished through the action of others. You must examine the acts of Aeschines himself, and then show him your favour if he is worthy of it, or your resentment, on the other hand, if his acts prove to be deserving ing of that. {92} How, then, can you solve this problem fairly? You will do so if, instead of allowing him to confound all questions with one another--the criminal conduct of the generals, the war with Philip, the blessings that flow from peace--you consider each point by itself. For instance, were we at war with Philip? We were. Does any one accuse Aeschines on that ground? Does any one wish to bring any charge against him in regard to things that were done in the course of the war? No one whatever. He is therefore acquitted in regard to such matters, and must not say anything about them; for the witnesses and the proofs which a defendant produces must bear upon the matters which are in dispute; he must not deceive you by offering a defence upon points which are not disputed. Take care, then, that you say nothing about the war; for no one charges you with any responsibility for that. {93} Later on we were urged by certain persons to make peace. We consented; we sent amba.s.sadors; and the amba.s.sadors brought commissioners to Athens who were to conclude the Peace. Once more, does any one blame Aeschines for this? Does any one allege that Aeschines introduced the proposal of peace, or that he committed any crime in bringing commissioners here to make it? No one whatever. He must therefore say nothing in regard to the fact that the city made peace; for he is not responsible for that. {94} 'Then what _is_ your a.s.sertion, sir?' I may be asked. 'At what point _do_ your charges begin?' They begin, men of Athens, from the time when the question before you was not whether you should make peace or not (for that had already been settled), but what sort of peace you should make--when Aeschines opposed those who took the side of justice, supported for a bribe the hireling mover of the decree, and afterwards, when he had been chosen to receive the oaths, failed to carry out every one of your instructions, destroyed those of your allies who had pa.s.sed unscathed through the war, and told you falsehoods whose enormity and grossness has never been surpa.s.sed, either before or since. At the outset, before Philip was given a hearing in regard to the Peace, Ctesiphon and Aristodemus took the leading part in the work of deception; but when the time had come for action, they surrendered their role to Philocrates and Aeschines, who took it up and ruined everything. {95} And then, when he is bound to answer for his actions and to give satisfaction for them--like the unscrupulous G.o.d-forsaken clerk that he is--he will defend himself as though it were the Peace for which he was being tried. Not that he wishes to account for more than is charged against him--that would be lunacy. No! He sees rather that in all his own proceedings no good can be found--that his crimes are his whole history; while a defence of the Peace, if it has no other merits, has at least the kindly sound of the name to recommend it. {96} I fear, indeed, men of Athens, I fear that, unconsciously, we are enjoying this Peace like men who borrow at heavy interest. The guarantees of its security--the Phocians and Thermopylae--they have betrayed. But, be that as it may, it was not through _Aeschines_ that we originally made it; for, paradoxical as it may seem, what I am about to say is absolutely true--that if any one is honestly pleased at the Peace, it is the generals, who are universally denounced, that he must thank for it: for had they been conducting the war as you desired them to do, {97}you would not have tolerated even the name of peace. For peace, then, we must thank the generals; but the perilous, the precarious, the untrustworthy nature of the Peace is due to the corruption of these men. Cut him off, then, cut him off, I say, from all arguments in defence of the Peace! Set him to defend his own actions! Aeschines is not being tried on account of the Peace. On the contrary, the Peace stands discredited owing to Aeschines. And here is evidence of the fact:--if the Peace had been made, and if no subsequent deception had been practised upon you, and none of your allies had been ruined, who on earth would have been hurt by the Peace, except in so far as it was inglorious? And for its inglorious character the defendant in fact shares the responsibility, for he spoke in support of Philocrates. At least no irreparable harm would have been done; whereas now, I believe, much has been done, and the guilt rests with the defendant. {98} That these men have been the agents in this shameful and wicked work of ruin and destruction, I think you all know. Yet so far am I, gentlemen of the jury, from putting any unfair construction upon these facts or asking you to do so, that if it has been through stupidity or simplicity, or ignorance in any form whatever, that such results have been so brought about, I acquit Aeschines myself, and I {99} recommend you also to acquit him. At the same time none of these excuses is either const.i.tutional[n] or justifiable. For you neither command nor compel any one to undertake public business; but when any one has satisfied himself of his own capacity and has entered political life, then, like good-hearted, kindly men, you welcome him in a friendly and ungrudging manner, and even elect him to office and place your own interests in his hands. {100} Then, if a man succeeds, he will receive honour and will so far have an advantage over the crowd. But if he fails, is he to plead palliations and excuses? That is not fair. It would not satisfy our ruined allies, or their children, or their wives, or the rest of the victims, to know that it was through my stupidity--not to speak of the stupidity of the defendant--that they had suffered such a fate. Far from it! {101} Nevertheless, I bid you forgive Aeschines for these atrocious and unparalleled crimes if he can prove that it was simplicity of mind, or any form of ignorance whatever, which led him to work such ruin. But if it was the rascality of a man who had taken money and bribes--if he is plainly convicted of this by the very facts themselves--then, if it be possible, put him to death; or if not, make him, while he lives, an example to others.

And now give your thoughts to the proof by which he is convicted on these points, and observe how straightforward it will be.

{102} If the defendant Aeschines was not deliberately deceiving you for a price, he must necessarily, I presume, have had one of two reasons for making the statements in question to you, in regard to the Phocians and Thespiae and Euboea. Either he must have heard Philip promise in express terms that such would be his policy and the steps he would take; or else he must have been so far bewitched and deluded by Philip's generosity in all other matters as to conceive these further hopes of him. There is no possible alternative besides these two. {103} Now in both these cases he, more than any living man, ought to detest Philip. And why? Because, so far as Philip could bring it about, all that is most dreadful and most shameful has fallen upon him. He has deceived you; his reputation is gone [he is rightly ruined]; he is on his trial; aye, and were the course of the proceedings in any way that which his conduct called for, he would long ago have been impeached;[n] {104-109} whereas now, thanks to your innocence and meekness, he presents his report, and that at the time which suits his own wishes. I ask, then, if there is one among you who has ever heard Aeschines raise his voice in denunciation of Philip--one, I say, who has seen Aeschines exposing him or saying a word against him? Not one! All Athens denounces Philip before Aeschines does so. Every one whom you meet does so, though not one of them has been injured by him--I mean, of course, personally. On the a.s.sumption that Aeschines had not sold himself, I should have expected to hear him use some such expressions as these--'Men of Athens, deal with _me_ as you will. I trusted Philip; I was deceived; I was wrong; I confess my error. But beware of _him_, men of Athens. He is faithless--a cheat, a knave. Do you not see how he has treated me? how he has deceived me?' {110} But I hear no such expressions fall from him, nor do you. And why? Because he was _not_ misled; he was _not_ deceived; he made these statements, he betrayed all to Philip, because he had sold his services and received the money for them; and gallantly and loyally has he behaved--as Philip's hireling. But as your amba.s.sador, as your fellow citizen, he is a traitor who deserves to die, not once, but thrice.

{111} This is not the only evidence which proves that all those statements of his were made for money. For, recently, the Thessalians came to you, and with them envoys from Philip, demanding that you should decree the recognition of Philip as one of the Amphictyons. Who then, of all men, should naturally have opposed the demand? The defendant Aeschines. And why? Because Philip had acted in a manner precisely contrary to the announcement which Aeschines had made to you. {112} Aeschines declared that Philip would fortify Thespiae and Plataeae; that he intended, not to destroy the Phocians, but to put down the insolence of Thebes. But in fact Philip has raised the Thebans to an undue height of power, while he has utterly destroyed the Phocians; and instead of fortifying Thespiae and Plataeae, he has brought Orchomenus and Coroneia into the same bondage with them. How could any contradiction be greater than this? Aeschines did not oppose the demand. He neither opened his lips nor uttered a sound in opposition to it.

{113} But even this, monstrous as it is, is not yet the worst. For he, and he alone, in all Athens, actually supported the demand. This not even Philocrates dared to do, abominable as he was; it was left for the defendant Aeschines. And when you raised a clamour and would not listen to him, he stepped down from the platform, and, showing off before the envoys who had come from Philip, told them that there were plenty of men who made a clamour, but few who took the field when it was required of them--you remember the incident, no doubt--being himself, of course, a marvellous soldier, G.o.d knows!

{114} Again, if we had been unable to prove that any of the amba.s.sadors had received anything--if the fact were not patent to all--we might then have resorted to examination by torture,[n] and other such methods. But if Philocrates not only admitted the fact frequently in your presence at the a.s.sembly, but used actually to make a parade of his guilt--selling wheat, building houses, saying that he was going[n] whether you elected him or not, importing timber, changing Macedonian gold openly at the bank--it is surely impossible for _him_ to deny that he received money, when he himself confesses and displays his guilt. {115} Now, is any human being so senseless or so ill- starred that, in order that Philocrates might receive money, while he himself incurred infamy and disgrace, he would want to fight against those upright citizens in whose ranks he might have stood, and to take the side of Philocrates and face a trial? I am sure that there is no such man; but in all these considerations, if you examine them aright, you will find strong and evident signs of the corruption of the defendant.

{116} Consider next an incident which occurred last in order of time, but which is second to none as an indication that Aeschines had sold himself to Philip.

You doubtless know that in the course of the recent impeachment of Philocrates by Hypereides, I came forward and expressed my dissatisfaction with one feature of the impeachment--namely, the idea that Philocrates alone had been responsible for all these monstrous crimes, and that the other nine amba.s.sadors had no share in them. I said that it was not so, for Philocrates by himself would have been nowhere, had he not had some of them to co-operate with him. {117} 'And therefore,' I said, 'in order that I may not personally acquit or accuse any one, and that the guilty may be detected, and those who have had no share in the crime acquitted by the evidence of their own conduct, let any one who wishes to do so rise and come forward into your midst, and let him declare that he has no share in it, and that the actions of Philocrates are displeasing to him. Any one who does this,' I said, 'I acquit.' You remember the incident, I am sure. {118} Well, no one came forward or showed himself. Each of the others has some excuse.

One was not liable to examination; another, perhaps, was not present; a third is related to Philocrates. But Aeschines has no such excuse. No! So completely has he sold himself, once for all--so plain is it that his wages are not for past services only, but that, if he escapes now, Philip can equally count upon his help against you in the future--that to avoid letting fall even a word that would be unfavourable to Philip, he does not accept his discharge[n] even when you offer to discharge him, but chooses to suffer infamy, to stand his trial and to endure any treatment in this court, rather than to take a step that would not please Philip. {119} But what is the meaning of this partnership, this careful forethought for Philocrates? For if Philocrates had by his diplomacy accomplished the most honourable results and achieved all that your interest required, and yet admitted (as he did admit) that he had made money by his mission, this very fact was one by which an uncorrupted colleague should have been repelled and set him on his guard, and led to protest to the best of his power. Aeschines has not acted in this way. Is it not all clear, men of Athens?

Do not the facts cry aloud and tell you that Aeschines has taken money, that he is a rascal for a price, and that consistently--not through stupidity, or ignorance, or bad luck? {120} 'But where is the witness who testifies to my corruption?' he asks. Why, this is the finest thing of all![n] The witnesses, Aeschines, are facts; and they are the surest of all witnesses: none can a.s.sert or allege against them, that they are influenced by persuasion or by favour to any one: what your treachery and mischief have made them, such, when examined, they must appear. But, besides the facts, you shall at once bear witness against yourself. Come, stand up[n] and answer me! Surely you will not plead that you are so inexperienced as not to know what to say. For when, under the ordinary limitations of time, you prosecute and win cases that have all the novelty of a play[n]--cases, too, that have no witness to support them--you must plainly be a speaker of tremendous genius.

{121} Many and atrocious as are the crimes of the defendant Aeschines, and great as is the wickedness which is implied by them (as I am sure you also feel) there is none which is more atrocious than that of which I am about to speak to you, and none which will afford more palpable proof that he has taken bribes and sold everything. For when once more, for the third time, you sent the amba.s.sadors to Philip on the strength of those high and n.o.ble expectations which the defendant's promises had roused, you elected both Aeschines and myself, and most of those whom you had previously sent. {122} For my part I came forward and declined upon oath to serve;[n] and though some raised a clamour and bade me go, I declared that I would not; but the defendant had already been elected.

Afterwards, when the a.s.sembly had risen, he and his party met and discussed whom they should leave behind in Athens. For while everything was still in suspense, and the future doubtful, there were all kinds of gatherings and discussions in the market-place. {123} They were afraid, no doubt, that a special meeting of the a.s.sembly might suddenly be called, and that you might then hear the truth from me, and pa.s.s some of the resolutions which it was your duty to pa.s.s in the interest of the Phocians, and that so Philip's object might slip from his grasp.

For had you merely pa.s.sed a resolution and shown them the faintest ray of hope of any kind, the Phocians would have been saved. It was absolutely impossible for Philip to stay where he was, unless you were misled. There was no corn in the country, for, owing to the war, the land had not been sown; and to import corn was impossible so long as your ships were there and in command of the sea; while the Phocian towns were many in number, and difficult to take except by a prolonged siege. Even a.s.suming that he were taking a town a day, there are two and twenty of them. {124} For all these reasons they left Aeschines in Athens, to guard against any alteration of the course which you had been deluded into taking. Now to decline upon oath to serve, without any cause, was a dangerous and highly suspicious proceeding. 'What?' he would have been asked, 'are you not going on the mission which is to secure all those wonderful good things which you have foretold?' Yet he was bound to remain. How could it be done? He pleads illness. His brother took with him Execestus the physician, came before the Council, swore that Aeschines was too ill to serve, and was himself elected in his place. {125} Five or six days later the ruin of the Phocians had been accomplished, and Aeschines' contract--a mere matter of business--had been fulfilled. Dercylus turned back, and on his arrival here from Chalcis announced to you the destruction of the Phocians, while you were holding an a.s.sembly in the Peiraeus. On hearing the news you were naturally struck with sympathy for them, and with terror for yourselves. You pa.s.sed resolutions to bring in your children and wives from the country, to repair the garrison-forts, to fortify the Peiraeus, and to celebrate the sacrifice to Heracles within the city walls: {126} and in the midst of all this, in the midst of the confusion and the tumult which had fallen upon the city, this learned and able speaker, so loud of voice, though not elected[n] either by the Council or by the people, set off as amba.s.sador to the man who had wrought the destruction, taking no account of the illness which he had previously made his excuse, upon oath, for not serving, nor of the election of another amba.s.sador in his place, nor of the law which imposes the penalty of death for such offences; {127} nor yet reflecting how utterly atrocious it was, that after announcing that the Thebans had placed a price on his head, he should choose the moment when the Thebans had (in addition to all Boeotia, which they already possessed) become masters of the territory of the Phocians as well, to go into the very midst of Thebes, and into the very camp of the Thebans. But so beside himself was he, so utterly bent upon his profits and his bribe, that he ruled out and overlooked all such considerations, and took his departure.

{128} Such was the nature of this transaction; and yet his proceedings when he arrived at his destination are far worse. All of you who are present, and all other Athenians as well, thought the treatment of the unhappy Phocians so atrocious and so cruel that you sent to the Pythian games neither the official deputation from the Council, nor the Thesmothetae,[n] but abandoned that ancient representation of yourselves at the festival. But Aeschines went to the triumphal feast[n] with which the Thebans and Philip were celebrating the victory of their cause and their arms. He joined in the festival: he shared in the libations and the prayers which Philip offered over the ruined walls and country and arms of your allies: with Philip he set garlands on his head, and raised the paean, and drank the loving-cup. {129} Nor is it possible for the defendant to give a different version of the facts from that which I have given.

As regards his sworn refusal to serve, the facts are in your public records in the Metroon,[n] guarded by your officer; and a decree stands recorded with express reference to the name of Aeschines.[n] And as for his conduct there, his fellow amba.s.sadors, who were present, will bear witness against him. They told me the story; for I was not with them on this Emba.s.sy, having entered a sworn refusal to serve.

(_To the clerk._) {130} Now read me the resolution [and the record], and call the witnesses.

[_The decree is read, and the witnesses called._]

What prayers, then, do you imagine Philip offered to the G.o.ds, when he poured his libation, or the Thebans? Did they not ask them to give success in war, and victory, to themselves and their allies, and the contrary to the allies of the Phocians? In these prayers, therefore--in these imprecations upon his own country--Aeschines joined. It is for you to return them upon his own head to- day.

{131} His departure, then, was a contravention of the law which imposes the penalty of death for the offence, and it has been shown that on his arrival he acted in a manner for which he deserves to die again and again, while his former proceedings and the work which he did as amba.s.sador, in their interest,[n] would justly slay him. Ask yourselves what penalty can be found, which will adequately atone for all these crimes? {132} It would surely be shameful, men of Athens, that while all of you, and the whole people, denounce publicly all the consequences of the Peace; while you decline to take part in the business of the Amphictyons; while your att.i.tude towards Philip is one of vexation and mistrust, because the deeds that have been done are impious and atrocious, instead of righteous and advantageous to you; that nevertheless, when you have come into court as the sworn representatives of the State, to sit in judgement upon the report of these proceedings, you should acquit the author of all the evil, when you have taken him red-handed in actions like these. {133} Who is there of all your fellow citizens--nay, who of all the h.e.l.lenes--that would not have good cause for complaint against you, when he saw that though you were enraged against Philip, who in making peace after war was merely purchasing the means to his end from those who offered them for sale--a very pardonable transaction--you were yet acquitting Aeschines, who sold your interests in this shameful manner, notwithstanding the extreme penalties which the laws appoint for such conduct?

{134} Now it is possible that an argument may also be used by the other side to some such effect as this--that the condemnation of those whose diplomacy brought about the Peace will mean the beginning of enmity with Philip. If this is true, then, I can imagine, upon consideration, no more serious charge that I could bring against the defendant, than this. If Philip, who spent his money on the Peace which he wished to obtain, has become so formidable, so powerful, that you have already ceased to regard your oaths and the justice of the case, and are seeking how you can gratify Philip, what penalty, that those who are responsible for this could suffer, would be adequate to the offence? {135} I believe, however, that I shall actually show you that it would more probably mean the beginning of a friendship, advantageous to you. For you must be well a.s.sured, men of Athens, that Philip does not despise your city; nor was it because he regarded you as less serviceable than the Thebans, that he preferred them to you. No! {136} He had been instructed by these men and had heard from them, what I once told you in the a.s.sembly, without contradiction from any of them, that the People is the most unstable thing in the world, and the most incalculable, inconstant as a wave of the sea, stirred by any chance wind. One comes, another goes; but no one cares for the public interest, or remembers it. Philip needs (he is told) friends upon whom he can rely to execute and manage his business with you--such friends, for instance, as his informant.[n] If this were secured for him, he would easily effect all that he desired in Athens. {137} Now if he heard that those who had used such language to him had immediately upon their return been beaten to death, he would doubtless have behaved as the Persian king did. And how was this? He had been deceived by Timagoras,[n] and had given him, it is said, forty talents; but when he heard that Timagoras had been put to death here, and had not even power to secure his own life, much less to carry out the promises he had made to him, he recognized that he had not paid the price to the man who had the power to effect his object. For first, as you know, he sent a dispatch, acknowledging once more your t.i.tle to Amphipolis, which he had previously described as in alliance and friendship with himself; and secondly, he thenceforward wholly abstained from giving money to any one. {138} This is exactly what Philip would have done, if he had seen that any of these men had paid the penalty, and what, if he sees it, he will still do. But when he hears that they address you, and enjoy a high reputation with you, and prosecute others, what is he to do? Is he to seek to spend much, when he can spend less?

or to desire to court the favour of all, when he need but court two or three?

That would be madness. For even those public benefits which Philip conferred upon the Thebans he conferred not from choice-- far from it--but because he was induced to do so by their amba.s.sadors; and I will tell you how. {139} Amba.s.sadors came to him from Thebes just at the time when we were there upon our mission from you. Philip wished to give them money, and that (so they said) in very large amounts. The Theban amba.s.sadors would not accept or receive it. After that, while drinking at a sacrificial banquet and displaying his generosity towards them, Philip offered, as he drank to them, presents of many kinds-- captives and the like--and finally he offered them goblets of gold and silver.

All these they steadily refused, declining to put themselves in his power in any way. {140} At last Philo, one of the amba.s.sadors, made a speech, men of Athens, which was worthy to be made in the name, not of Thebes, but of yourselves. For he said that it gave them pleasure and delight to see the magnanimous and generous att.i.tude of Philip towards them; but for their own personal part, they were already his good friends even without these presents; and they begged him to apply his generosity to the existing political situation of their country, and to do something worthy of himself and Thebes, promising that, if he did so, their whole city, as well as themselves, would become attached to him. {141} And now observe what the Thebans have gained by this, and what consequences have followed; and contemplate in a real instance the advantages of refusing to sell your country's interests. First of all, they obtained peace when they were already distressed and suffering from the war, in which they were the losing side. Next, they secured the utter ruin of their enemies, the Phocians, and the complete destruction of their walls and towns. And was this all? No, indeed! For besides all this they obtained Orchomenus, Coroneia, Corsia, the Tilphossaeum, and as much of the territory of the Phocians as they desired. {142} This then was what the Thebans gained by the Peace; and surely no more could they have asked even in their prayers. And the amba.s.sadors of Thebes gained--what? Nothing but the credit of having brought this good fortune to their country; and a n.o.ble reward it was, men of Athens, a proud record on the score of merit and honour-- that honour which Aeschines and his party sold for money. Let us now set against one another the consequences of the Peace to the city of Athens and to the Athenian amba.s.sadors respectively; and then observe whether its effects have been similar in the case of the city and of these men personally. {143} The city has surrendered all her possessions and all her allies; she has sworn to Philip that even if another approaches them to preserve them for her, you will prevent him; that you will consider any one who wishes to give them up to you as your enemy and foe, and the man who has robbed you of them as your ally and friend.

{144} That is the resolution which Aeschines supported, and which was moved by his accomplice Philocrates; and although on the first day I was successful, and had persuaded you to ratify the decree of the allies and to summon Philip's envoys,[n] the defendant forced an adjournment of the question till the next day, and persuaded you to adopt the resolution of Philocrates, in which these proposals, and many others even more atrocious, are made. {145} These were the consequences of the Peace to Athens. It would not be easy to devise anything more shameful. What were the consequences to the amba.s.sadors who brought these things about? I say nothing of all that you have seen for yourselves--the houses, the timber, the wheat. But they also possess properties and extensive estates in the country of your ruined allies, bringing in incomes of a talent to Philocrates and thirty minae to the defendant. {146} Yet surely, men of Athens, it is an atrocious and a monstrous thing, that the calamities of your allies should have become sources of revenue to your amba.s.sadors, and that the same Peace which to the city that sent them meant the ruin of her allies, the surrender of her possessions, and shame in the place of honour, should have created for the amba.s.sadors who brought these things to pa.s.s against their country, revenue, affluence, property, and wealth, in the place of abject poverty. To prove, however, that what I am telling you is true (_to the clerk_) call me the witnesses from Olynthus.

[_The witnesses are called._]

{147} Now I should not wonder if he even dared to make some such statement as this--that the Peace which we were making could not have been made an honourable one, or such as I demanded, because our generals had mismanaged the war. If he argues thus, then remember, in Heaven's name, to ask him whether[n] it was from some other city that he went as amba.s.sador, or from this city itself? If it was from some other, to whose success in war and to whose excellent generals he can point, then it was natural for him to take Philip's money: but if it was from Athens itself, why do we find him taking presents as part of a transaction which involved the surrender of her possessions by the city which sent him? For in any honest transaction the city that sent the amba.s.sadors ought to have shared the same fortune as the amba.s.sadors whom she sent. {148} Consider also this further point, men of Athens. Do you think that the successes of the Phocians against the Thebans in the war, or the successes of Philip against you, were the more considerable? Those of the Phocians against the Thebans, I am quite certain. At least, they held Orchomenus and Coroneia and the Tilphossaeum;[n] they had intercepted the Theban garrison at Neones;[n] they had slain two hundred of them on Hedyleum;[n] a trophy had been raised, their cavalry were victorious, and a whole Iliad of misfortunes had beset the Thebans. You were in no such position as this, and may you never be so in the future! Your most serious disadvantage in your hostilities with Philip was your inability to inflict upon him all the damage that you desired; you were completely secure against suffering any harm yourselves. How is it then that, as the result of one and the same Peace, the Thebans, who were being so badly worsted in the war, have recovered their own possessions and, in addition, have gained those of their enemies; while you, the Athenians, have lost under the Peace even what you retained safely through the war? It is because their amba.s.sadors did not sell their interests, while these men have sold yours. [Ah! he will say,[n] but the allies were exhausted by the war....]. That this is how these things were accomplished, you will realize still more clearly from what I have yet to say.