On the False Embassy

The rest had various excuses: one was not legally accountable; another was not present; a third had a brother-in-law in Macedonia. Aeschines had no such excuse. The truth is, he has sold himself once for all. Not only has he taken hire for past actions, but it is evident that, if he escapes now, he will henceforward, as against you, be Philip’s man; and so, for fear of uttering a single word injurious to Philip, even when you acquit him he does not accept acquittal. He prefers disrepute, prosecution, any punishment this court may inflict rather than to do anything disagreeable to Philip.

But why this fellow-feeling? Why this concern for Philocrates? Though all his acts on embassy had been consistent with honor and sound policy, if Philocrates admitted, as he did admit, that he had taken bribes, an incorruptible ambassador would have taken infinite pains to avoid and disavow all association with him. Aeschines has not done so. Is not that a plain argument, men of Athens? Does it not proclaim aloud that he has taken bribes, and that from first to last he went wrong for money’s sake,—not through stupidity, or ignorance, or blundering?

What witness, he will ask, testifies that I have taken bribes? A brilliant argument! Facts, Aeschines, the most credible of all witnesses. You cannot find fault with facts, and say that they are what they are in deference to somebody, or to oblige somebody. They are what your treachery and perversion have made them, and such they appear on examination. But I have another witness besides the facts. You shall this very moment give evidence against yourself. Come here: stand up and answer me!—Nothing to say? You cannot plead inexperience. You, who take up a new prosecution as easily as you study a new play, and convict your man without witnesses and under a time-limit, you must be an uncommonly clever speaker, when, owing to congestion in the law courts, the time allotted to each speaker was cut down to a minimum. But the matter is obscure.)

Among the many flagrant misdeeds committed by Aeschines, the singular baseness of which I think you all appreciate, there is none more flagrant, in my judgement, than the action I am about to relate, none that will more palpably prove him to have taken bribes and sold everything. When for the third time you sent your ambassadors to Philip, for the fulfilment of those magnificent expectations which Aeschines had guaranteed, you reappointed most of the former envoys, including Aeschines and me.

I immediately declined the appointment on affidavit,[*](A citizen appointed to any office could decline it, if he took an oath before the Assembly that for reasons of health, etc., he was unable to serve.) and when certain persons were clamorous and insisted that I should go, I declared that I would not leave Athens; but the nomination of Aeschines was still valid. After the dispersal of the Assembly, the envoys met and discussed which of them should be left behind,[*](To watch and counteract Demosthenes.) for the whole business was still in the clouds, and the future uncertain, and all sorts of conferences and discussions were going on in the market-place.

They were afraid that an extraordinary meeting of the Assembly might suddenly be convened, and that then, on hearing the truth from me, you might adopt some acceptable resolution in favor of the Phocians, and that so Philip might lose control. One friendly resolution, one gleam of hope, and the Phocians might have been saved. If you had not fallen into the trap, it was impossible—yes, impossible—for Philip to remain at Thermopylae. There was no corn in the country, as the war had prevented sowing; and the conveyance of corn was impossible so long as your fleet was there and commanded the sea. The Phocian cities were numerous, and not easy of capture, unless by protracted siege. Even if Philip had taken a city a day, there were twenty-two of them.

For all these reasons they left Aeschines at home, fearing that you might be undeceived and change your policy. Now to decline an appointment on affidavit with no reason alleged was a strange move and very suspicious. What do you mean? Are you declining the embassy? Are you not going to Macedonia to realize all those grand benefits which you announced yourself? However, he had to remain. What was to be done? He pleaded ill-health; and his brother, taking Execestus the physician with him, repaired to the council-house, made affidavit of the illness, and received the appointment himself.

But afterwards, when within five or six days the Phocians were destroyed, when Aeschines’ wages stopped as such things do, when Dercylus had returned from Chalcis and had informed you, at the assembly held at Peiraeus, of the destruction of the Phocians, when that news filled you with indignation on their account and alarm on your own, when you were resolving to bring in your women and children from the country, to reinstate the frontier fortresses, to fortify the Peiraeus, and to hold the festival of Heracles within the walls,—

then at last, at that crisis, when the city was encompassed with confusion and terror, off marched this wise, clever, smooth-tongued gentleman, without waiting for Council or Assembly to reappoint him, on his embassy to the court of the chief malefactor. He forgot that he had sworn that he was too ill to travel; forgot that another ambassador had been chosen in his stead, and that the law visits such conduct with death;

forgot that, with the Thebans not only holding all Boeotia but in possession of the territory of Phocis, it was a very odd thing for a man, who had solemnly announced that the Thebans had set a price upon his head, to walk straight into the middle of Thebes and the Theban encampment. Nevertheless, he was so excited, his appetite for moneymaking and bribe-taking was so keen, that he put aside and ignored all these obstacles, and off he went.

That was a remarkable proceeding, but far stranger still was his behavior after his arrival in Macedonia. While you who are here and all other Athenians regarded the treatment of the Phocians as scandalous and outrageous, insomuch that you would not send any member of council or any judge to represent you at the Pythian games, but relinquished that time-honored delegation, Aeschines attended the service of thanksgiving which the Thebans and Philip held to celebrate their victory and their political success, was a guest at the banquet, and took part in the libations and doxologies with which Philip thanked Heaven for the destruction of the fortresses, the territory, and the armies of your allies. He even joined Philip in wearing garlands and singing the Hymn of Praise, and drank to his health in the loving-cup.

Of these proceedings it is not possible for the defendant to give an account differing from mine. As for the affidavit of refusal, there is an entry in the record-office at the Temple of Demeter, of which the public caretaker is in charge, and a decree in which he is mentioned by name. As for his conduct over yonder, his own colleagues who were present, and from whom I got my information, will give evidence against him. I was not one of his colleagues, as I had declined on oath.

Read the decree and the records, and call the witnesses.

(The Decree, Records, and Depositions are read)

What do you imagine were the prayers offered by Philip when he made libation? Or by the Thebans? Surely they implored strength and victory for themselves and their allies, weakness and defeat for the allies of the Phocians. In that prayer Aeschines joined. He invoked a curse on his own fatherland. It is for you to make that curse recoil upon his own head.

So, when he took his departure, he was breaking a law whose penalty is death; after his arrival, he is again proved guilty of conduct that deserves death; and his earlier misconduct of this business of the embassy had been bad enough to bring him to death. You have therefore to consider what punishment shall be rigorous enough to afford a retribution adequate to all these transgressions.