It ex-
pofes thofe Honours to Contempt, which were originally defigned to
animate and reward the Virtue of their Citizens.
pofes thofe Honours to Contempt, which were originally defigned to
animate and reward the Virtue of their Citizens.
Demosthenes - Orations - v2
net/2027/uc2.
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hathitrust.
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? 226 ORATIONOF
we diftlnguiili the Man, who is by Nature a Betrayer? Is he
not diftinguifhable by abufing, as you have done, the Confi-
dence of thofc, who employ him, by writing Declamations for
them to be pronounced in our Courts of Judicature, and after-
wards taking a Bribe to expofe them to their Adverfaries? (52}
Thus you got Money for writing a Declamation for Phormio the
Banker, and you gave a Copy of it to Apollodorus, who had
indidled Phormio for a capital Crime. You entered into the
happy Dwelling of Ariflarchus, which you laid in Ruins. You
took ihree Talents ftom Ariftarchus before his Banifhment, and
afterwards plundered him of the Pittance he had provided to
fupport him in his Exile. Nor did you blufh at the Report^
that you pretended to be an Admirer of the young Man's
Beauty. Your Admiration was indeed pretended, for real
Love never admits of Villainy. Such is the Betrayer, and fucK
as thefe the Marks of his Charader.
But he fome where nientioned my military Expeditions, and
called me a moft accomplifhed Soldier, {^t,) Yet not in regard
to his Calumny, but in Coniideration of my prefent Danger, I
may be permitted to vindicate my Reputation as a Soldier^
without being expofed to any invidious Refledlions. For where,
or
(? 52) The Alteration of a Comma in Noi writing for Birey but betraying for a-
Stephans upon the Word ln(pi^u gives Bribe.
this Sentence a Meaning very different (53) Demofthenes, Page 52, calls him.
from that of our Editions. It is followed a marvellous fVarrior, Bxvixda-ios s-^ccn^
by this Tranflation. xdyoui w, rcc Si- uttj;.
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? ^ S C H I N E S, 227
or when, or among whom, excepting this Day, fliall I ever
mention it? When I had pafled the Age of Boyhood, I was
two Years in Garrifon upon our Frontiers. I fhall produce the
young People of my own Rank, and who ferved in the fame
Station, as my Witnefles to the Fad:. In my firft Campaign I
was ftationed in that Body of Troops, which are refcrved at
Diftance from the Danger of Battle. (54) I marched under
the Command of Alcibiades with my Cotemporarics in the Ex-
pedition to Phlius, and in an Engagement at the Nemesan
Gulph I was honoured with the Approbation of my Generals for
my Behaviour. 1 ferved in all other Campaigns during my Youth,
and the Years of military fervice appointed by the Laws, ac-
cording to that regular Succeflion, by which our Citizens relieve
each other in the Courfe of a War. (55) In the Battle of
Mantinrea I behaved myfelf not diflionourably, nor in a Manner
unworthy of the Republic. I was a Soldier in the Eubacan Ex-
pedition, and in the Tamynean Engagement fo diftinguidied
G g 2 myfelf
(54) This Paflage, both with regard Diftance from Danger. From thence tlie
to the Difficulty, and the hiftorical im- Phrafe Iv toTi; f/ei^sTi militia in partibus. ,
portance of it, well deferves a larger or as . ^Elchines exprtfles ir, tjjV Iv rol'i
Explanation, than the Compafs of thefe ^^^^^^ KccX^yAvr^v ^dx^v, pugnam, qiur
Notes will allow. j? partibus duitur. The Years of mili-
The Athtnian Youth, at the Com- ^^^y ^^^,. ^5^^ ^^om the Age of' eighteen
pletion of their eighteenth Year, took to that of fixty wercnumbered by annual
the military Oath, and for two Years Magiilrates called Eponymi, from whence
were appointed to guard the Frontiers j-j^g Kxpreffion of fcrving in Eponymis,
of Attica. During this Time they were q^ Eponymiana militia. Corsini.
called tte^/tto) 0. , circuiores. They were ^,^) 'Y. y. tiixSc/ri',- Demoflhcnes ex-
afterwards enlilled among the regular plains this Fxprenion in the firft Phi-
Troops, but ftationed, in Time of Ac- lipp. c. Page 60 of the firft Volume,
lion, in fome Place of Safety, and at a ]_\p^Q r.
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? 228 ORATIONOF
myfelf even in a Body of Troops feledled from the reft of our
Army for their Courage, that I was crowned by our Generals in
the Field, and a fecond Time by the People, when I returned
to Athens. I made the Report of our Victory, and Temeni-
des, who commanded the Troops of the Pandionian Tribe,
and who came hither with me by Appointment of the General,
informed you in what Manner I had behaved myfelf in the
Battle. In Atteftation of thefe Fads, read the Decree, then
fummon Temenides and my Fellow-Soldiers, who joined with
me in fighting for the Republic. Summon Phocion, our Ge-
neral, not yet an Advocate in this Caufe, but liable to a Pro-
fecution, if he gives a falfe Evidence.
The Decree. The Testimony.
Since therefore I brought you the firft News of your Vidory,
and the happy Succefs of your Sons in Battle, let me implore
this firft Favour of you, the Prefervation of my Life; efpecially,
fince I am neither an Enemy to the popular Conftitution of my
Country, as my Accufer aflerts, but an Enemy to all bad Men,
nor would fuffer you to imitate the Anceftors of Demofthenes
(he has indeed no Anceftors) but would encourage you zealoufly
to emulate that Plan of Wifdom, which hath been glorious to
the Republic. I fhall now run over fome Inftanccs of this Wif-
dom, beginning with thofe of an earlier Date.
The Glory of the Athenian Republic arofe from the Sea-fight
at Salamis againft the Perfian, and although our Walls were
rafed
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? iE S C H I N E S. 229
rafed to the Ground by the Barbarians, yet as we were at Peace
with the Lacedaemonians our democratical Form of Govern-
ment ftill fubfifted. But when Tumults and Diflentions were
introduced amongft us by fome certain Perfons, we declared
War againft Lacedaemon, and after we had fuffered a thoufand
Calamities, and wrought as many to our Enemies, we con-
cluded a Truce of fifty Years under the Mediation of Cimon,
who had received all the public Rights of Holpitality among
the Lacedaemonians, and we enjoyed the good Effcds of it
thirteen Years. During this Time we fortified the Pyraeum,
raifed the northern Wall of the City, built an hundred Gallies
in addition to our Fleet, levied three hundred Horfe, took into
our Pay as many Scythian Archers, and ftill firmly maintained
our Democracy. But when Men, illiberally born, and licen-
tioufly profligate in their Morals, entered irregularly into the
Admin ift ration, we again declared War againft the i^ginctes,
and after having fuftained no inconfiderable Diftrefi^s, we Ib-
licited a Peace, and having fent Andocides with an Embafiy
to the Lacedaemonians, we concluded one for thirty Years,
which wonderfully exalted our Republic. For we carried a
thoufand Talents in Money into the Citadel, equipped another
hundred Gallies, eredled Arfenals, levied twelve hundred Horfe
and as many Archers, built the long northern Wall, nor did
any Man attempt to deftroy our democratical Conftitution.
Again we were perfuadedto declare War in Favour of the Mc-
gareans, and after having abandoned the Territories of Attica
to
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? 230 ORATION OF
to the Devaftations of the Enemy, and been defpoiled of many
valuable PoireHions, we fued for Peace, which was concluded
by Nicias. During this Time we carried into the Citadel feven
thoufand Talents, arifing from the Advantages of this Peace.
We now commanded not lefs than three hundred Gallies,
completely equipped ; our Revenues amounted annually to
more tlian twelve hundred Talents ; we held poflelTion of
Cherfonefus, Naxos, Euboea ; and fent abroad in this Period
many Colonies. PoffcfTed of fo many valuable Bleflings, we
were again hurried into a War againft the Lacedaemonians in
Favour of the Argives and by their Perfuafion, untill by the
Spirit of Contention among our Orators we were reduced to
receive a Garrifon into the City, and at firft four hundred, and
afterwards thirty impious Tyrants into the Government ; nei-
ther did we conclude a voluntary Peace, but were compelled
to accept one from our Conquerors. When we again grew
wifcr in our Adminiftration, and the People were returned from
their Exile in Phyle ; when Archinus and Thrafybulus flood
forth the Patrons of Liberty, and confirmed by an Oath a ge-
neral Amnefty, for which all Mankind agreed, that our
Republic had adled with the highefl Wifdom ; when the People
Vv^ere now infpircd with new Life, and refumed their ancient
Vigour, a Set of Men, fraudulently enrolled among our Citi-
zens, feduced the infirm and weaker Parts of the Republic to
their Fadion ; raifed War after War by their Errors in Politics ;
reprefented in their Speeches under the moft formidable Appear-
ances
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? iE S C H I N E S. 231
ances the Dangers, that threatened us during the Peace ; irri-
tated the Spirits of a People, fond of Glory, and apt to be
inflamed ; never in our Wars handled a Sword thcmfelves ;
were fevere Inquifitors into the Condudl of others ; prelided
over our naval Expeditions ; begot a fpurious Race of Children ;
rendered themfelves infamous by their Profecutions, and re-
duced the Republic even to the laiT: Danger. They fupported
the Name of a Democracy, not by their Manners, but by a
fervile Adulation to the People. They were Enemies to Peace,
by which a Democracy is preferved, and they united in the
Support of War, by which all democratical Governments are
ruined. Having now formed themfelves into one Body, they
advance hither againft me, and affirm that PhiUp purchafed
this Peace, and in the Articles of it poflefled himfclf of every
Advantage in it. Yet he himfelf hath violated this Peace,
thus greatly advantageous to him. (56) But they really do not
accufe me as an AmbaiTador, but as if I were a Surety for
Philip, and his Obfervance ot the Peace. Thus while I was
only Mafter of what was proper to be faid, they demand o?
me an Account of what was done, and although I am only a
tenth Ambaflador, yet I alone am obliged to give an Account
of my Embafly. But I have fliewn, that the very fame Man,
who
(^6) Our Critics treat this PalTage ridiculing the Abfurdity of his Adver-
with an Air of ironical Pleafantry, and faries. They have oljciled againft me,
then gravely propofe to alter the Text, that Philip hath gained every Advantage
jitij (rvfi(pe^iicrxv. Yet ^fchines himfelf ly this Peace, yet, Jirange indeed! be him-
betcer employs this ironical Pleafantry in Jelf hath violated this Peace.
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? 232 ORATIONOF
who now accufes me, formerly applauded me in his De-
crees. (57)
Now behold the Perfons, who come hither to join in their
Supplications to you for Mercy ; my Father, who implores you
not to deprive him of his Age's Hopes ; my Brothers, who
will not accept of Life, if divided from their Brother; my
Relations, thefe Infants too, though yet not fenlible of Danger,
but miferable indeed, if any Misfortune fliould happen to their
Father. For them I implore, for them I fupplicate your Care
and Protedtion. Do not deliver them to their Enemies ; to
this Wretch, who hath nothing of Man in his Compofltion,
with all the implacable Refentments of Woman. I here in-
voke the immortal Gods to preferve me, and make my next
Supplications to you, who are to pronounce the deciflve Sen*
tence in this Caufe, and before whom I have made my Defence,
as far as I have been able to remember, againft every fingle
Article of which I have been accufed. Let me implore your
Prote6lion. Do not deliver me into the Hands of this Scribler
of Declamations, this malignant Scythian. Whoever is a Fa-
ther among you, and loves his Sons ; whoever regards his
younger Brothers with Affedion, let him recoiled the ever-
memorable
(57) The learned Reader will forgive guage of the Paffions. Happy the Tranf-
the Tranfpafition of this Sentence. It lator, if he hath been able to preferve that
feemed neccflary to preferve that Method animated Diforder and Confiifion both of
and Connexion, which Reafoning and Sentiments and Expreffion, which we
Arguments demand. The Remainder feel lb powerfully in the Original.
of the Oration is in the Spirit and Lan-
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? ^ S C H I N IZ S. 233
memorable Caufe I maintained in Defence of Innocence and
Virtue by the Profecution of Timarchus. With regard to all
others in this Audience, if I have lived among you with no
unchearful Afperity of Manners (I am by Birth a Plebeian, and
in my Fortune, like you, of moderate Circumftanccs) in our
political Contells if I alone never joined in Factions againfi:
your Interefts, I now implore you to acquit me. I have a6lcd
in my Embafly with the utmoft Sincerity of Affe6lion to the
Republic, and alone fuftained the tumultuous Violence of Ca-
lumniators, which many, who have been glorioully diftinguiflied
by their Victories in War, have not been able to fuftain. Nei-
ther is Death itfelf terrible, but Ignominy, at our laft Moments,
is indeed terrible. How miferable is it to behold the Face of
an infulting Enemy, and to hear, with our Ears, his Re-
proaches ? This however muft be endured ; my Life too is in
Danger. I was educated among you ; in your Amufements,
Studies, Exercifes, I have lived ; no Man was ever injured in
his domeftic Happinefs by the Licentioufnefs of my Pleafures,
or driven from his Country by any Profecution of mine in our
Inquifitions into the Freedom of our Citizens, or in danger of
his Life, when obliged to render an Account of his Condud:
in Employment. Permit me to mention fome few other Cir-
cumftances, and I defcend. For I had it indeed in my Pow-
er, (58) O Men of Athens, not to betray your Interefts, but
not
(58) A remarkable Inftance of that laft Senteno^, as, if he were calmly cn-
pafTionate Diforder, mentioned in the tering into fome new Matter ? , but he
iaft Note. Our Orator appeared, by his Itarts away into his ufiial Invedives, and
Vol. II. H h begins
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? 234 O R A T I O N O F, &c.
not to be accufed was an A6t of Fortune, who hath allotted
for me to contend with a barbarian Calumniator, regardlefs of
the faCred Oblisations of Ambafladors to each other, their
Libations, and Entertainments. With Defign to terrify others,
who might hereafter contradict him, he comes forward againft
me with this Profecution and its Falfehoods. If however you
be willing to prefcrvc thofe, who contend for Peace and your
Security, the Republic lliall happily find numerous Defenders,
and ready with Chcarfulnefs to meet every Danger for her
Interefts.
Among our Citizens, moft eminent for their political Abi-
lities and their Virtue, I do implore Eubulus to be my Advo-
cate ; and Phocion, among all our Generals, moft diftinguifhed
at once for his Victories and his Integrity. Among my Ac-
quaintance, and the Companions of my Youth, I requeft the
fame Favour of Nauficles, and of all others, whofe Friendfhip
1 have enjoyed, and with whom I have purfued the fame ge-
neral Plan of Life. My Oration is now ended, and my Life
furrendered by me and by the Laws to your Determination.
begins his next Period, as if it were a have his Commentators taken Notice of
Conciufion drawn from ibmewhat he his Negled. One of his Editors very
had already faid. For, &c. '? yw y<<f, temperately begins a new Paragraph with
which Wolfius has not tranHated, nor thefe Words.
End of the OR ATI ON,
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? (5^)(S55(2J5D(5^POT(R)(R)i(2M^^
ORATION
OF
AE S C H I N E S
AGAINST
C TESIPHON.
(5KlD<^^)^J^D(! J^(S^! ^^i<i5^)a5^^(! J^^
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? w%^'pit'^^^^^*^'F''i^w'F^i^'! F^W
The ARGUMENT.
IT was cuflomary among the Athenians to rewai-d the Merit of their
Citizens with Crowns of Olive, interwoven with Gold. Ctefiphon
had propofed a Decree in the Senate, that Demofthenes fhould be crowned
in the Theatre for his diftinguiflied Virtue, and eminent Services to the
Republic. iEfchines profecutes Ctefiphon for this Decree. He attempts
to prove it illegal in itfelf, and in all its Circumftances.
It ex-
pofes thofe Honours to Contempt, which were originally defigned to
animate and reward the Virtue of their Citizens. It deceives the People,
whom it is highly criminal to deceive, when it propofes to crown De-
mofthenes for his perfonal Merit, or his public Services to the Common-
wealth. For Demofthenes is infamous in his private Charafter, and in
his public Adminiftration the Diftionour and Ruin of his Country.
2S. ''''^^^^^^^^^^MI'! fr^^^^^^#''(^'f''! l^^i^**^*"''*^'i(^^^^^^'l(^'if*^*
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? ORA T
O
N
OF
iE S C H I N E S
AGAINST
CTESIPHO
N.
YOU certainly behold, Athenians, what Preparations are
formed; what Forces, drawn up in Order of Battle;
what earneft Solicitations are employed by certain Perfons in
this AfTembly, with Intention to deftroy the regular and cufto-
mary Proceedings of the Republic. As for myfelf, I appear
before you having placed my Confidence, firft, in the immortal
Gods ; next, in the Protection of the Laws and in your Inte-
grity; being fully perfuaded that no Fadlion can have an Influ-
ence over you more powerful, than our Laws and JufHce.
I COULD
Our Orator is by fome of his Critics
very rigoroufly condemned, and by others
very generoufly and zealoudy defended
with regard to this Exordium. He is
accufed of violating diat Temper and
Simplicity, generally acknowledged as
eflencial to the opening ot all Orations,
by a too vehement Pathetic, by figura-
tive Expreffions, and Images wholly lo-
reign to his Subjefl:. He is defended
by the Importance of a Trial, that miift
affetft his Liberty or Life ; by the Con-
fcioufnefs of his Innocence, and the juft
Indignation, with which it muft infpiie
him againft his Accul'er-, by the gieat
Example of Demofthenes, and ! iis more
vehement Exordium in the next Oration.
6
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? 238 ORATION OF ^SCHINES
- I COULD however vvifli, Athenians, that our Senate, and our
popular Aflcmblies, were regularly governed by their feveral
Prefidents ; that the Laws, which Solon enaded for the decent
Behaviour of our Orators, might recover their original Autho-
rity ; that a Privilege were granted, as the Laws ordain, to
the eldefl; Citizen, to advance with Modefly on the Tribunal^
and, without Confufion or Tumult, to propofe, according to
his Experience, fuch Counfel, as fhall be mofl falutary to the
Republic ; and that afterwards, whatever other Citizen thought
proper, might in his Rank of Seniority fuccefUvely declare his
Opinion upon every feparate Queftion in your Debates. Thus
alone, in my Judgement, fliall the Commonwealth be happily
governed, and thefe Impeachments become lefs frequent. But
lince thefe ancient Jnftitutions, univerfally acknowledged of
fuch Excellence, are at prefent abolifhed ; fince certain Perfons
wantonly propofe Opinions directly contrary to the Laws in
Being, and others, who never were regularly eledted to prefide
in the Senate, but had obtained their Seats by the Intereft of a
Faction, prefume to make fuch extraordinary Motions ; fince
every other Senator, although legally chofen to prefide, and with
Integrity declaring the Number of Votes in each Debate, is
threatened with Impeachments of high Treafon by a Party, who
prefume the Adminiftration is not oi common Right, but their
peculiar Prerogative; who have reduced our Plebeians to the
mofl: al)jc6l State of Slavery, and aflumed to themfelves an al-
moft arbitrary Power ; fince they have abfolutcly deftroyed the
legal
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? AGAINST CTESIPHON. 239
legal Forms of our judicial Proceedings, and by temporary De-
crees determine all Caufcs, as they ^rc aduatcd by their
Paflions, that excellent and wifeft Proclamation in the Republic
is no longer heard, " What Citizen above fifty Years of Age
" propofes to harangue the People, and afterwards what other
'' Athenian in his Degree of Seniority ? " Indeed, neither the
Laws, the Magiftrates, nor the ruling Tribe, are any longer
able to reprefs the indecent Licentioufnefs of our Orators.
-^SiNCE, therefore, fuch is our Situation; fuch the prefent Cir-
cumftances of the Republic, as you yourfelves muft perceive,
the only furviving Part of our Conftitution (if haply I pofiefs
any Degree of Knowledge) confifts in preferring Articles of Im-
peachment againfl: the Violators of our Laws. If you abolifb
this Cuftom, or fufler others to abolifh it, I venture to foretell,
you will imperceptibly by fuch Conceflions betray the Confti-
tution to this ambitious Fadliony For you perfectly well under-
fland, Athenians, there are only three Forms of Government
amongft Mankind ; Monarchy, Oligarchy, and Democracy.
Monarchies and Oligarchies are governed according to the ar-
bitrary Pleafure of their Rulers ; but democratical States by
fixed and eftablifhed Laws. Let not any therefore among you
be ignorant ; let them rather know with utmoft Certainty, that
whenever he enters upon the Judgement-Seat to give Sentence
on an Impeachment for propofing any Laws in Oppofition to
thoie already enaded, he fhall that very Day pronounce upon
his
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? 240 ORATION OF /E S C H I N E S -
his own proper Independence. For this Reafon, the Legiflator
placed this Article in the Beginning of tiie Judges Oath, I
WILL GIVE Sentence according to Law; being fully fen-
fible, that while the Laws are obferved with Reverence in any
Republic, fo long fliall a popular Government continue in
Safety. I While you recoUedl thefe Maxims, you ought to be-
hold with Deteftation and Abhorrence whoever propofes a
Decree fubverfive of your eflablifhed Laws, and not efteem a
Crime of this Nature trivial and inconfiderable, but in every
fingle Inftance moft atrocious. Of this your undoubted Right
let not any Man defpoil you ; neither the Patronage of your
Generals, who have long fince confpired with certain of your
Orators, and now ablblutely deftroy the Conftitution ; neither
the Supplications of Strangers, whom fome Perfons have intro-
duced into our Afiemblies, and by their Influence efcaped the
Punifhment due to their own illegal Adminiftration. But as
each of you would blufli to defert the Rank, in which he was
placed by his Commander in the Day of Battle, fo fhould you
blufh to defert that Station, in which you are this Day placed by
the Laws of your Country, the Guardians of her Liberty, (i)
? ^ You fhould alfo conftantly remember, that the whole Body
of your fellow-Citizens have this Day depolited in your Hands,
and
( I ) The Dignity and Beauty of this Jiis Audience, and at the fame Time a
Comparifon muft have been fenfibly felt fevere, though feemingly cafual, Reflex-
by a People, among whom every Citizen ion upon the Cowardice of Demofthenes
? was a Soldier. It is a noble Compliment in the Battle of Chasronea. This lafl
paid by the Orator to the Courage of Remark is due to Mr. Tourrcille,
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? AGAINST>> CTESIPHON. 241
and committed to your Integrity the Republic and its Confti-
tution. ' Some of them are prefent and hear the pleadings in
this important Cauie ; others are abfent, neceffarily engaged
in their private Occupations. Infpired with a reverential Re-
gard for them ; attentive to your Oaths, and to the Laws,
which you have fworn to maintain, it I clearly convict Cte-
fiphon of having preferred a Decree directly oppoGte to thofe
Laws, to Truth, to the general Interefts of the Common-
wealth, annul, Athenians, this illegal Decree ; confirm to
Athens her Democracy ; punifli whoever during their Admini-
ftration, ad: in Contradiction to your Laws, the general Utility
of the Republic, and your peculiar Interefts. ' If you come
hither with this difpolition of Mind, and will hear the Reafon-
ings I fhall now produce, I am afTured, you will pronounce
a Sentence equitable in itfelf; rehgioully conformable to your
Oaths, and of fingular Advantage to yourfelves and to the
whole Republic.
I HOPE, therefore, that I have fufficiently opened the ge-
neral State of this Profecution. But I would \\ illingly make
fome fliort Remarks concerning the Laws enacted againft thofe,
who have not yet rendered an Account of their Condu6t in the
Offices, f with which they have been intrufted : thofe Laws, in
diredt Oppofition to which Ctefiphon hath preferred his De-
cree. (2) For, in thefe latter Times, fome of our Citizens,
who
(2) Whoever had born any public OfRce in the State was obliged to render
Vol. II. I i a
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? 242 ORATION OF ^SCHINES
v/ho were inverted with the moll: coniiderable Employments In
the State^ and managed the public Revenues, though guilty of
Peculation and Corruption in their feveral Offices, yet having
gained over to their Caufe fome powerful Orators both in the
Senate, and in our popular Aflemblies, have by Praifes and
Proclamations, iniquitoufly purchafed, prevented their ever
being compelled to render an Account of their Condudl. 1
From thence, when they have been called upon to pafs their
Accounts, their Profecutors, and efpecially their Judges, have
been extremely doubtful how to proceed ; fo that many of
them, although manifeftly convi6led of having embezzled the
public Money, yet eluded all judicial Inquiry. I Neither is this
extraordinary. For the Judges, I can well imagine, were not
infenfible of the Ignominy, that the very fame Man, in the fame
City, perhaps within the fame Year, but certainly not long
before, fhould by Proclamation amidft our public Games be
honoured by the People with a golden Crown for his Virtue
and Integrity, yet that this very Man fhould afterwards depart
from a Court of Juftice, convided of Peculation. The Judges
therefore
an Account of his Condu(ft in It to the He urges the Proofs of this Aflertion
People. Until he had difcharged him- with his utmoft Force ; he repeats and
lelf of this Obligation, he was incapable varies them with his befl. Art and Ad-
of alienating his Fortune when living, drefs ; he confiders them as the principal
or bequeathing it at his Death ; of being Strength of his Profecution. Yet the
adopted into any other Family, or of Part inoft interefting to the Orator, it is
leaving Athens, and, in particular regard confefTed, is leaft entertaining to his
to the prefent Caufe, of receiving any Readers. It will appear to an Englifla
public Honours, ^fchines alTerts, that Reader like the p'eading of a common
Demofthenes is in thefe Circumftanccs. Lawyer, quoting Statutes and Precedents.
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? AGAINST GTE SIPHON. 243
therefore were compelled to pronounce Sentence, not with Re-
gard to the Griminal, but to the Difhonour, which his being
condemned muft have refleded on the People.
f One of our Legiflators, therefore, obferving thefe Abufes,
enaded a Law, in itfelf really excellent, and which exprefsly
forbids our crowning any Perfon, who hath not paiTed his Ac-
counts. " Yet, however wifely provident our Legiilator, certain
fallacious Reafonings have been invented, which have affumed
a Power fuperior to the Authority of his Law, and by which,
if you be not rightly informed, you may be infenftbly deceived.
For fome, who contrary to Law propofe to crown the Magif-
trate, yet accountable for his Condudl, have a Kind of natural
Modefty (if he can poflibly be called Modeft, who violates the
Laws of his Country) and throw a Veil over the Turpitude of
their Defigns. They write in the Preamble of their Decrees,
Let fuch a Perfon be crowned, when he hath given in his Ac-
counts, and thofe Accounts have been approved. " The Republic
is however equally injured, for by the Praifes and Crov. 'ns thus
irregularly decreed, all future Inquiries are precluded; while he,
who prefers the Decree, convinces his Audience, that he violates
indeed the Laws of his Gountry, yet blufhes for the Crime he
commits. But Ctefiphon, O Athenians, having notorioufly
tranfgreffed an eftablifhed Law, and even omitted that plaufible
Evafion, I have juft now mentioned, hath propofed to crown
Demoflhenes, before his giving in his Accounts ; before thofe
I i 2 Accounts
(C
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? 244 ORATION OF ^SCHINES
Accounts have been examined j and even while he ftill continues
in his Office. !
They u^ill offer, Athenians, another Manner of reafoning^
fomewhat different from that already mentioned ; I that w^hoever
is created by the Decree of any particular Tribe, is not proper-
ly a Magiftrate, but fimply executes fome certain Office and
Employment. For Magiftracies, they afTert, are what the
ThefmothetJE diftribute by Lot in the Temple of Thefeus, or
thofe, which the People have been accuftomed to decree at a
general Election ; fuch as the Command of your Infantry and
Cavalry,! with others of the fame Nature ; but that all the reft
are meerly Employments, appointed by Decree of fome partis
cular Tribe. i In Oppofftion to thefe Arguments I fhall produce
a Law, which you yourfelves enafted, imagining it would ef-
fedlually obviate fuch Pretexts. It is there exprefsly written,
" all thofe Employments are ftridlly Magiftracies, that are con-
" ferred by a Decree of the People. " I When the Legiffator
hath included them under one general Term, and declared,
that all Offices, conferred by the Suffrages of the People, are
properly Magiftracies, he then particularly mentions the Sur-
veyors of the public Works (Demofthenes is even now appoint-
ed to repair our Walls, and overfee the moft important of our
public Works) all, who execute any Office more than thirty
Days ; all, who prclide in any Courts of Judicature (but all
Surveyors cf the public Works really have their Courts of Ju-
dicature,
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? AGAINST CTESIPHON. 245
dicature, in which they prefide) 'What does he command
them to do ? Not to adminifter an Office, but execute a Ma-
giftracy, when they have been approved of in the proper
Courts ; for even they, who are eledled by Lot, cannot enter
upon their Employments, untill they have been regularly ap-
proved. (3) He commands them to pafs their Accounts
before the proper Officers. In Proof of what I affert, the
Secretary fliall read the Laws themfelves. /''^
The Laws.
SiNCE therefore, Athenians, what the Legiflator names
Magifh-acies, thefe People call Offices and Employments, it
is your Buiinefs to remember this Law ; to fet it in Oppoiition
to their frontlefs Aflurance, and to fuggefl: to them, that you
approve not of that pernicious Sophift, who is confident he
fhall with Words overturn your Conftitution ; but that in
Proportion, as he fpeaks with greater Eloquence, when he
propofes a Decree, which violates your Laws, fo fhall he feel
your feverer Indignation. l For the Orator, O Athenians, and
the Law fhould neceffarily fpeak the fame Sentiments ; but
when the Laws utter one Language, and the Orator anpther,
it is your Duty to give your afient rather to the Juftice of the
Law, than to the Confidence of the Orator. '
With
(3) "Whoever accepted any OiHce in private Charader, he was not fuppofed
the State was obligeci to pafs an Exa- capable of acling with Probity or Re-
mination of his Life and Manners. If putation in the Affairs of the Public.
he was found vicious or fcandalous in his
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? 246 ORATION OF iESCHINES
With regard to what Demofthenes calls an invincible Ar-
gument, I would willingly premife fome fhort Remarks. He
will argue thus j "I am appointed to rebuild our Walls.
" I acknowledge it. But I have liberally given to the Re-
*' public an hundred Min^, and the Work hath been execu-
" ted by my Care with greater Dignity. For what therefore
" am I accountable, unlefs we muft account for our voluntary
" Bounty ? " To this fallacious Reafoning hear me anfwer
with Juflice to Him, and Advantage to You. In this City,
thus ancient, thus powerful, among the Numbers who have
engaged in the Service of the Public, in whatever Kind
of Employment, there never was a iingle Perfon exempted
from the Obligation of rendering his Accounts. This I fhall
demonftrate in Inflances almoft incredible. The Law com-
mands our Priefls and Prieftefies, both colledlively for their
Societies, and feparately for themfelves, to be accountable, al-
though they receive no pecuniary Reward, but Plonour only
for offering up their Prayers to the Gods for your Welfare.
Nor private Perfons alone, but Families, fupported by the
Public, fuch as the Eumolpids and Ceryces and all others of
this Kind, are fubjeded to this Inquiry. Thus the Law obli-
ges even thofc, who have fitted out Gallies at their own Ex-
pence, to pafs their Accounts ; who never touched the public
Money, < nor after having rapaciouily plundered your Revenues,
and then paid back fome inconfiderable Part of ir, profefs
they have liberally contributed out of their private Fortunes,
when
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? AGAINST CTESIPHON. 247
\\hen they mcerly reftore fome little Portion of your own
Treafures ; <<but even they, who have confefTedly expended their
paternal Eftates to demonftrate their Zeal and Ambition to ferve
you ; nor they alone, but even the higheft Councils of the
Republic, fubmit themfelves to the Infpedtion of the Courts,
appointed to receive their Accounts. ' For the Law commands
the Senate held in the Areopagus to render in writing to the
proper Officers a general Account of their Conduct, and to
give in their Accounts of Money received or expended ; and
even this fupreme Court fubmits to your Judgement its graved
and mod: important Deciiions. " Shall not the Senate then of
*' the Areopagus be crowned ? " It is not agreeable to their In-
ftitution. *' Are they not animated with the love of Glory? "
So entirely, as not to be fatisfied, that none of their own Bo-
dy commits any flagrant Offence, but they punifli the moft
inconfiderable Errors with Severity. Yet thefe your Orators
exult in their Licentioufnefs.
? TAgain, the Legiflator hath made the Council of five hund-
red accountable, and fo vehemently does he fufped the Perlbn,
v/ho hath not pafled his Accounts, that in the very Beginning
of the Law he declares, whoever is yet accountable for his Ma-
giftracy, (thefe are his Words) let him not leave the City. / " In
" the Name of Hercules (^thus might any one exclaim) bccaufe
" I have been a Magiftrate, fh:-! ! I not leave the City ? " No ;
to prevent your flying from Juflice, after liaving embezzled
5 our
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? 24>> ORATION OF iESCHINES
our Treafures, or been guilty of Irregularities in your OiEce.
Again. He forbids the Perfon, who ftands accountable, to'
confecrate his Wealth to the Gods ; to fufpend any votive Or-
naments in their Temples ; to alienate his Fortune by being a-
dopted into any other Family ; or to bequeath his PofTeffions
by Will, with many other fuch Inftances. In a Word, the
Legislator feizes the Property of all thefe Perfons, as a Pledge
and Security, untill they have given in their Accounts to the Re-
public. ! " Acknowledged. But there are fome perhaps, who
" never received, nor ever expended, any of the public Mo-
" ney, butmeerly executed fome common Office in the State. "
Even this Man, the Legiflator obliges to bring in his Accounts
to the Clerks of the Treafury.
? 226 ORATIONOF
we diftlnguiili the Man, who is by Nature a Betrayer? Is he
not diftinguifhable by abufing, as you have done, the Confi-
dence of thofc, who employ him, by writing Declamations for
them to be pronounced in our Courts of Judicature, and after-
wards taking a Bribe to expofe them to their Adverfaries? (52}
Thus you got Money for writing a Declamation for Phormio the
Banker, and you gave a Copy of it to Apollodorus, who had
indidled Phormio for a capital Crime. You entered into the
happy Dwelling of Ariflarchus, which you laid in Ruins. You
took ihree Talents ftom Ariftarchus before his Banifhment, and
afterwards plundered him of the Pittance he had provided to
fupport him in his Exile. Nor did you blufh at the Report^
that you pretended to be an Admirer of the young Man's
Beauty. Your Admiration was indeed pretended, for real
Love never admits of Villainy. Such is the Betrayer, and fucK
as thefe the Marks of his Charader.
But he fome where nientioned my military Expeditions, and
called me a moft accomplifhed Soldier, {^t,) Yet not in regard
to his Calumny, but in Coniideration of my prefent Danger, I
may be permitted to vindicate my Reputation as a Soldier^
without being expofed to any invidious Refledlions. For where,
or
(? 52) The Alteration of a Comma in Noi writing for Birey but betraying for a-
Stephans upon the Word ln(pi^u gives Bribe.
this Sentence a Meaning very different (53) Demofthenes, Page 52, calls him.
from that of our Editions. It is followed a marvellous fVarrior, Bxvixda-ios s-^ccn^
by this Tranflation. xdyoui w, rcc Si- uttj;.
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? ^ S C H I N E S, 227
or when, or among whom, excepting this Day, fliall I ever
mention it? When I had pafled the Age of Boyhood, I was
two Years in Garrifon upon our Frontiers. I fhall produce the
young People of my own Rank, and who ferved in the fame
Station, as my Witnefles to the Fad:. In my firft Campaign I
was ftationed in that Body of Troops, which are refcrved at
Diftance from the Danger of Battle. (54) I marched under
the Command of Alcibiades with my Cotemporarics in the Ex-
pedition to Phlius, and in an Engagement at the Nemesan
Gulph I was honoured with the Approbation of my Generals for
my Behaviour. 1 ferved in all other Campaigns during my Youth,
and the Years of military fervice appointed by the Laws, ac-
cording to that regular Succeflion, by which our Citizens relieve
each other in the Courfe of a War. (55) In the Battle of
Mantinrea I behaved myfelf not diflionourably, nor in a Manner
unworthy of the Republic. I was a Soldier in the Eubacan Ex-
pedition, and in the Tamynean Engagement fo diftinguidied
G g 2 myfelf
(54) This Paflage, both with regard Diftance from Danger. From thence tlie
to the Difficulty, and the hiftorical im- Phrafe Iv toTi; f/ei^sTi militia in partibus. ,
portance of it, well deferves a larger or as . ^Elchines exprtfles ir, tjjV Iv rol'i
Explanation, than the Compafs of thefe ^^^^^^ KccX^yAvr^v ^dx^v, pugnam, qiur
Notes will allow. j? partibus duitur. The Years of mili-
The Athtnian Youth, at the Com- ^^^y ^^^,. ^5^^ ^^om the Age of' eighteen
pletion of their eighteenth Year, took to that of fixty wercnumbered by annual
the military Oath, and for two Years Magiilrates called Eponymi, from whence
were appointed to guard the Frontiers j-j^g Kxpreffion of fcrving in Eponymis,
of Attica. During this Time they were q^ Eponymiana militia. Corsini.
called tte^/tto) 0. , circuiores. They were ^,^) 'Y. y. tiixSc/ri',- Demoflhcnes ex-
afterwards enlilled among the regular plains this Fxprenion in the firft Phi-
Troops, but ftationed, in Time of Ac- lipp. c. Page 60 of the firft Volume,
lion, in fome Place of Safety, and at a ]_\p^Q r.
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? 228 ORATIONOF
myfelf even in a Body of Troops feledled from the reft of our
Army for their Courage, that I was crowned by our Generals in
the Field, and a fecond Time by the People, when I returned
to Athens. I made the Report of our Victory, and Temeni-
des, who commanded the Troops of the Pandionian Tribe,
and who came hither with me by Appointment of the General,
informed you in what Manner I had behaved myfelf in the
Battle. In Atteftation of thefe Fads, read the Decree, then
fummon Temenides and my Fellow-Soldiers, who joined with
me in fighting for the Republic. Summon Phocion, our Ge-
neral, not yet an Advocate in this Caufe, but liable to a Pro-
fecution, if he gives a falfe Evidence.
The Decree. The Testimony.
Since therefore I brought you the firft News of your Vidory,
and the happy Succefs of your Sons in Battle, let me implore
this firft Favour of you, the Prefervation of my Life; efpecially,
fince I am neither an Enemy to the popular Conftitution of my
Country, as my Accufer aflerts, but an Enemy to all bad Men,
nor would fuffer you to imitate the Anceftors of Demofthenes
(he has indeed no Anceftors) but would encourage you zealoufly
to emulate that Plan of Wifdom, which hath been glorious to
the Republic. I fhall now run over fome Inftanccs of this Wif-
dom, beginning with thofe of an earlier Date.
The Glory of the Athenian Republic arofe from the Sea-fight
at Salamis againft the Perfian, and although our Walls were
rafed
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? iE S C H I N E S. 229
rafed to the Ground by the Barbarians, yet as we were at Peace
with the Lacedaemonians our democratical Form of Govern-
ment ftill fubfifted. But when Tumults and Diflentions were
introduced amongft us by fome certain Perfons, we declared
War againft Lacedaemon, and after we had fuffered a thoufand
Calamities, and wrought as many to our Enemies, we con-
cluded a Truce of fifty Years under the Mediation of Cimon,
who had received all the public Rights of Holpitality among
the Lacedaemonians, and we enjoyed the good Effcds of it
thirteen Years. During this Time we fortified the Pyraeum,
raifed the northern Wall of the City, built an hundred Gallies
in addition to our Fleet, levied three hundred Horfe, took into
our Pay as many Scythian Archers, and ftill firmly maintained
our Democracy. But when Men, illiberally born, and licen-
tioufly profligate in their Morals, entered irregularly into the
Admin ift ration, we again declared War againft the i^ginctes,
and after having fuftained no inconfiderable Diftrefi^s, we Ib-
licited a Peace, and having fent Andocides with an Embafiy
to the Lacedaemonians, we concluded one for thirty Years,
which wonderfully exalted our Republic. For we carried a
thoufand Talents in Money into the Citadel, equipped another
hundred Gallies, eredled Arfenals, levied twelve hundred Horfe
and as many Archers, built the long northern Wall, nor did
any Man attempt to deftroy our democratical Conftitution.
Again we were perfuadedto declare War in Favour of the Mc-
gareans, and after having abandoned the Territories of Attica
to
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? 230 ORATION OF
to the Devaftations of the Enemy, and been defpoiled of many
valuable PoireHions, we fued for Peace, which was concluded
by Nicias. During this Time we carried into the Citadel feven
thoufand Talents, arifing from the Advantages of this Peace.
We now commanded not lefs than three hundred Gallies,
completely equipped ; our Revenues amounted annually to
more tlian twelve hundred Talents ; we held poflelTion of
Cherfonefus, Naxos, Euboea ; and fent abroad in this Period
many Colonies. PoffcfTed of fo many valuable Bleflings, we
were again hurried into a War againft the Lacedaemonians in
Favour of the Argives and by their Perfuafion, untill by the
Spirit of Contention among our Orators we were reduced to
receive a Garrifon into the City, and at firft four hundred, and
afterwards thirty impious Tyrants into the Government ; nei-
ther did we conclude a voluntary Peace, but were compelled
to accept one from our Conquerors. When we again grew
wifcr in our Adminiftration, and the People were returned from
their Exile in Phyle ; when Archinus and Thrafybulus flood
forth the Patrons of Liberty, and confirmed by an Oath a ge-
neral Amnefty, for which all Mankind agreed, that our
Republic had adled with the highefl Wifdom ; when the People
Vv^ere now infpircd with new Life, and refumed their ancient
Vigour, a Set of Men, fraudulently enrolled among our Citi-
zens, feduced the infirm and weaker Parts of the Republic to
their Fadion ; raifed War after War by their Errors in Politics ;
reprefented in their Speeches under the moft formidable Appear-
ances
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? iE S C H I N E S. 231
ances the Dangers, that threatened us during the Peace ; irri-
tated the Spirits of a People, fond of Glory, and apt to be
inflamed ; never in our Wars handled a Sword thcmfelves ;
were fevere Inquifitors into the Condudl of others ; prelided
over our naval Expeditions ; begot a fpurious Race of Children ;
rendered themfelves infamous by their Profecutions, and re-
duced the Republic even to the laiT: Danger. They fupported
the Name of a Democracy, not by their Manners, but by a
fervile Adulation to the People. They were Enemies to Peace,
by which a Democracy is preferved, and they united in the
Support of War, by which all democratical Governments are
ruined. Having now formed themfelves into one Body, they
advance hither againft me, and affirm that PhiUp purchafed
this Peace, and in the Articles of it poflefled himfclf of every
Advantage in it. Yet he himfelf hath violated this Peace,
thus greatly advantageous to him. (56) But they really do not
accufe me as an AmbaiTador, but as if I were a Surety for
Philip, and his Obfervance ot the Peace. Thus while I was
only Mafter of what was proper to be faid, they demand o?
me an Account of what was done, and although I am only a
tenth Ambaflador, yet I alone am obliged to give an Account
of my Embafly. But I have fliewn, that the very fame Man,
who
(^6) Our Critics treat this PalTage ridiculing the Abfurdity of his Adver-
with an Air of ironical Pleafantry, and faries. They have oljciled againft me,
then gravely propofe to alter the Text, that Philip hath gained every Advantage
jitij (rvfi(pe^iicrxv. Yet ^fchines himfelf ly this Peace, yet, Jirange indeed! be him-
betcer employs this ironical Pleafantry in Jelf hath violated this Peace.
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? 232 ORATIONOF
who now accufes me, formerly applauded me in his De-
crees. (57)
Now behold the Perfons, who come hither to join in their
Supplications to you for Mercy ; my Father, who implores you
not to deprive him of his Age's Hopes ; my Brothers, who
will not accept of Life, if divided from their Brother; my
Relations, thefe Infants too, though yet not fenlible of Danger,
but miferable indeed, if any Misfortune fliould happen to their
Father. For them I implore, for them I fupplicate your Care
and Protedtion. Do not deliver them to their Enemies ; to
this Wretch, who hath nothing of Man in his Compofltion,
with all the implacable Refentments of Woman. I here in-
voke the immortal Gods to preferve me, and make my next
Supplications to you, who are to pronounce the deciflve Sen*
tence in this Caufe, and before whom I have made my Defence,
as far as I have been able to remember, againft every fingle
Article of which I have been accufed. Let me implore your
Prote6lion. Do not deliver me into the Hands of this Scribler
of Declamations, this malignant Scythian. Whoever is a Fa-
ther among you, and loves his Sons ; whoever regards his
younger Brothers with Affedion, let him recoiled the ever-
memorable
(57) The learned Reader will forgive guage of the Paffions. Happy the Tranf-
the Tranfpafition of this Sentence. It lator, if he hath been able to preferve that
feemed neccflary to preferve that Method animated Diforder and Confiifion both of
and Connexion, which Reafoning and Sentiments and Expreffion, which we
Arguments demand. The Remainder feel lb powerfully in the Original.
of the Oration is in the Spirit and Lan-
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? ^ S C H I N IZ S. 233
memorable Caufe I maintained in Defence of Innocence and
Virtue by the Profecution of Timarchus. With regard to all
others in this Audience, if I have lived among you with no
unchearful Afperity of Manners (I am by Birth a Plebeian, and
in my Fortune, like you, of moderate Circumftanccs) in our
political Contells if I alone never joined in Factions againfi:
your Interefts, I now implore you to acquit me. I have a6lcd
in my Embafly with the utmoft Sincerity of Affe6lion to the
Republic, and alone fuftained the tumultuous Violence of Ca-
lumniators, which many, who have been glorioully diftinguiflied
by their Victories in War, have not been able to fuftain. Nei-
ther is Death itfelf terrible, but Ignominy, at our laft Moments,
is indeed terrible. How miferable is it to behold the Face of
an infulting Enemy, and to hear, with our Ears, his Re-
proaches ? This however muft be endured ; my Life too is in
Danger. I was educated among you ; in your Amufements,
Studies, Exercifes, I have lived ; no Man was ever injured in
his domeftic Happinefs by the Licentioufnefs of my Pleafures,
or driven from his Country by any Profecution of mine in our
Inquifitions into the Freedom of our Citizens, or in danger of
his Life, when obliged to render an Account of his Condud:
in Employment. Permit me to mention fome few other Cir-
cumftances, and I defcend. For I had it indeed in my Pow-
er, (58) O Men of Athens, not to betray your Interefts, but
not
(58) A remarkable Inftance of that laft Senteno^, as, if he were calmly cn-
pafTionate Diforder, mentioned in the tering into fome new Matter ? , but he
iaft Note. Our Orator appeared, by his Itarts away into his ufiial Invedives, and
Vol. II. H h begins
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? 234 O R A T I O N O F, &c.
not to be accufed was an A6t of Fortune, who hath allotted
for me to contend with a barbarian Calumniator, regardlefs of
the faCred Oblisations of Ambafladors to each other, their
Libations, and Entertainments. With Defign to terrify others,
who might hereafter contradict him, he comes forward againft
me with this Profecution and its Falfehoods. If however you
be willing to prefcrvc thofe, who contend for Peace and your
Security, the Republic lliall happily find numerous Defenders,
and ready with Chcarfulnefs to meet every Danger for her
Interefts.
Among our Citizens, moft eminent for their political Abi-
lities and their Virtue, I do implore Eubulus to be my Advo-
cate ; and Phocion, among all our Generals, moft diftinguifhed
at once for his Victories and his Integrity. Among my Ac-
quaintance, and the Companions of my Youth, I requeft the
fame Favour of Nauficles, and of all others, whofe Friendfhip
1 have enjoyed, and with whom I have purfued the fame ge-
neral Plan of Life. My Oration is now ended, and my Life
furrendered by me and by the Laws to your Determination.
begins his next Period, as if it were a have his Commentators taken Notice of
Conciufion drawn from ibmewhat he his Negled. One of his Editors very
had already faid. For, &c. '? yw y<<f, temperately begins a new Paragraph with
which Wolfius has not tranHated, nor thefe Words.
End of the OR ATI ON,
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? (5^)(S55(2J5D(5^POT(R)(R)i(2M^^
ORATION
OF
AE S C H I N E S
AGAINST
C TESIPHON.
(5KlD<^^)^J^D(! J^(S^! ^^i<i5^)a5^^(! J^^
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? w%^'pit'^^^^^*^'F''i^w'F^i^'! F^W
The ARGUMENT.
IT was cuflomary among the Athenians to rewai-d the Merit of their
Citizens with Crowns of Olive, interwoven with Gold. Ctefiphon
had propofed a Decree in the Senate, that Demofthenes fhould be crowned
in the Theatre for his diftinguiflied Virtue, and eminent Services to the
Republic. iEfchines profecutes Ctefiphon for this Decree. He attempts
to prove it illegal in itfelf, and in all its Circumftances.
It ex-
pofes thofe Honours to Contempt, which were originally defigned to
animate and reward the Virtue of their Citizens. It deceives the People,
whom it is highly criminal to deceive, when it propofes to crown De-
mofthenes for his perfonal Merit, or his public Services to the Common-
wealth. For Demofthenes is infamous in his private Charafter, and in
his public Adminiftration the Diftionour and Ruin of his Country.
2S. ''''^^^^^^^^^^MI'! fr^^^^^^#''(^'f''! l^^i^**^*"''*^'i(^^^^^^'l(^'if*^*
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? ORA T
O
N
OF
iE S C H I N E S
AGAINST
CTESIPHO
N.
YOU certainly behold, Athenians, what Preparations are
formed; what Forces, drawn up in Order of Battle;
what earneft Solicitations are employed by certain Perfons in
this AfTembly, with Intention to deftroy the regular and cufto-
mary Proceedings of the Republic. As for myfelf, I appear
before you having placed my Confidence, firft, in the immortal
Gods ; next, in the Protection of the Laws and in your Inte-
grity; being fully perfuaded that no Fadlion can have an Influ-
ence over you more powerful, than our Laws and JufHce.
I COULD
Our Orator is by fome of his Critics
very rigoroufly condemned, and by others
very generoufly and zealoudy defended
with regard to this Exordium. He is
accufed of violating diat Temper and
Simplicity, generally acknowledged as
eflencial to the opening ot all Orations,
by a too vehement Pathetic, by figura-
tive Expreffions, and Images wholly lo-
reign to his Subjefl:. He is defended
by the Importance of a Trial, that miift
affetft his Liberty or Life ; by the Con-
fcioufnefs of his Innocence, and the juft
Indignation, with which it muft infpiie
him againft his Accul'er-, by the gieat
Example of Demofthenes, and ! iis more
vehement Exordium in the next Oration.
6
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? 238 ORATION OF ^SCHINES
- I COULD however vvifli, Athenians, that our Senate, and our
popular Aflcmblies, were regularly governed by their feveral
Prefidents ; that the Laws, which Solon enaded for the decent
Behaviour of our Orators, might recover their original Autho-
rity ; that a Privilege were granted, as the Laws ordain, to
the eldefl; Citizen, to advance with Modefly on the Tribunal^
and, without Confufion or Tumult, to propofe, according to
his Experience, fuch Counfel, as fhall be mofl falutary to the
Republic ; and that afterwards, whatever other Citizen thought
proper, might in his Rank of Seniority fuccefUvely declare his
Opinion upon every feparate Queftion in your Debates. Thus
alone, in my Judgement, fliall the Commonwealth be happily
governed, and thefe Impeachments become lefs frequent. But
lince thefe ancient Jnftitutions, univerfally acknowledged of
fuch Excellence, are at prefent abolifhed ; fince certain Perfons
wantonly propofe Opinions directly contrary to the Laws in
Being, and others, who never were regularly eledted to prefide
in the Senate, but had obtained their Seats by the Intereft of a
Faction, prefume to make fuch extraordinary Motions ; fince
every other Senator, although legally chofen to prefide, and with
Integrity declaring the Number of Votes in each Debate, is
threatened with Impeachments of high Treafon by a Party, who
prefume the Adminiftration is not oi common Right, but their
peculiar Prerogative; who have reduced our Plebeians to the
mofl: al)jc6l State of Slavery, and aflumed to themfelves an al-
moft arbitrary Power ; fince they have abfolutcly deftroyed the
legal
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? AGAINST CTESIPHON. 239
legal Forms of our judicial Proceedings, and by temporary De-
crees determine all Caufcs, as they ^rc aduatcd by their
Paflions, that excellent and wifeft Proclamation in the Republic
is no longer heard, " What Citizen above fifty Years of Age
" propofes to harangue the People, and afterwards what other
'' Athenian in his Degree of Seniority ? " Indeed, neither the
Laws, the Magiftrates, nor the ruling Tribe, are any longer
able to reprefs the indecent Licentioufnefs of our Orators.
-^SiNCE, therefore, fuch is our Situation; fuch the prefent Cir-
cumftances of the Republic, as you yourfelves muft perceive,
the only furviving Part of our Conftitution (if haply I pofiefs
any Degree of Knowledge) confifts in preferring Articles of Im-
peachment againfl: the Violators of our Laws. If you abolifb
this Cuftom, or fufler others to abolifh it, I venture to foretell,
you will imperceptibly by fuch Conceflions betray the Confti-
tution to this ambitious Fadliony For you perfectly well under-
fland, Athenians, there are only three Forms of Government
amongft Mankind ; Monarchy, Oligarchy, and Democracy.
Monarchies and Oligarchies are governed according to the ar-
bitrary Pleafure of their Rulers ; but democratical States by
fixed and eftablifhed Laws. Let not any therefore among you
be ignorant ; let them rather know with utmoft Certainty, that
whenever he enters upon the Judgement-Seat to give Sentence
on an Impeachment for propofing any Laws in Oppofition to
thoie already enaded, he fhall that very Day pronounce upon
his
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? 240 ORATION OF /E S C H I N E S -
his own proper Independence. For this Reafon, the Legiflator
placed this Article in the Beginning of tiie Judges Oath, I
WILL GIVE Sentence according to Law; being fully fen-
fible, that while the Laws are obferved with Reverence in any
Republic, fo long fliall a popular Government continue in
Safety. I While you recoUedl thefe Maxims, you ought to be-
hold with Deteftation and Abhorrence whoever propofes a
Decree fubverfive of your eflablifhed Laws, and not efteem a
Crime of this Nature trivial and inconfiderable, but in every
fingle Inftance moft atrocious. Of this your undoubted Right
let not any Man defpoil you ; neither the Patronage of your
Generals, who have long fince confpired with certain of your
Orators, and now ablblutely deftroy the Conftitution ; neither
the Supplications of Strangers, whom fome Perfons have intro-
duced into our Afiemblies, and by their Influence efcaped the
Punifhment due to their own illegal Adminiftration. But as
each of you would blufli to defert the Rank, in which he was
placed by his Commander in the Day of Battle, fo fhould you
blufh to defert that Station, in which you are this Day placed by
the Laws of your Country, the Guardians of her Liberty, (i)
? ^ You fhould alfo conftantly remember, that the whole Body
of your fellow-Citizens have this Day depolited in your Hands,
and
( I ) The Dignity and Beauty of this Jiis Audience, and at the fame Time a
Comparifon muft have been fenfibly felt fevere, though feemingly cafual, Reflex-
by a People, among whom every Citizen ion upon the Cowardice of Demofthenes
? was a Soldier. It is a noble Compliment in the Battle of Chasronea. This lafl
paid by the Orator to the Courage of Remark is due to Mr. Tourrcille,
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? AGAINST>> CTESIPHON. 241
and committed to your Integrity the Republic and its Confti-
tution. ' Some of them are prefent and hear the pleadings in
this important Cauie ; others are abfent, neceffarily engaged
in their private Occupations. Infpired with a reverential Re-
gard for them ; attentive to your Oaths, and to the Laws,
which you have fworn to maintain, it I clearly convict Cte-
fiphon of having preferred a Decree directly oppoGte to thofe
Laws, to Truth, to the general Interefts of the Common-
wealth, annul, Athenians, this illegal Decree ; confirm to
Athens her Democracy ; punifli whoever during their Admini-
ftration, ad: in Contradiction to your Laws, the general Utility
of the Republic, and your peculiar Interefts. ' If you come
hither with this difpolition of Mind, and will hear the Reafon-
ings I fhall now produce, I am afTured, you will pronounce
a Sentence equitable in itfelf; rehgioully conformable to your
Oaths, and of fingular Advantage to yourfelves and to the
whole Republic.
I HOPE, therefore, that I have fufficiently opened the ge-
neral State of this Profecution. But I would \\ illingly make
fome fliort Remarks concerning the Laws enacted againft thofe,
who have not yet rendered an Account of their Condu6t in the
Offices, f with which they have been intrufted : thofe Laws, in
diredt Oppofition to which Ctefiphon hath preferred his De-
cree. (2) For, in thefe latter Times, fome of our Citizens,
who
(2) Whoever had born any public OfRce in the State was obliged to render
Vol. II. I i a
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? 242 ORATION OF ^SCHINES
v/ho were inverted with the moll: coniiderable Employments In
the State^ and managed the public Revenues, though guilty of
Peculation and Corruption in their feveral Offices, yet having
gained over to their Caufe fome powerful Orators both in the
Senate, and in our popular Aflemblies, have by Praifes and
Proclamations, iniquitoufly purchafed, prevented their ever
being compelled to render an Account of their Condudl. 1
From thence, when they have been called upon to pafs their
Accounts, their Profecutors, and efpecially their Judges, have
been extremely doubtful how to proceed ; fo that many of
them, although manifeftly convi6led of having embezzled the
public Money, yet eluded all judicial Inquiry. I Neither is this
extraordinary. For the Judges, I can well imagine, were not
infenfible of the Ignominy, that the very fame Man, in the fame
City, perhaps within the fame Year, but certainly not long
before, fhould by Proclamation amidft our public Games be
honoured by the People with a golden Crown for his Virtue
and Integrity, yet that this very Man fhould afterwards depart
from a Court of Juftice, convided of Peculation. The Judges
therefore
an Account of his Condu(ft in It to the He urges the Proofs of this Aflertion
People. Until he had difcharged him- with his utmoft Force ; he repeats and
lelf of this Obligation, he was incapable varies them with his befl. Art and Ad-
of alienating his Fortune when living, drefs ; he confiders them as the principal
or bequeathing it at his Death ; of being Strength of his Profecution. Yet the
adopted into any other Family, or of Part inoft interefting to the Orator, it is
leaving Athens, and, in particular regard confefTed, is leaft entertaining to his
to the prefent Caufe, of receiving any Readers. It will appear to an Englifla
public Honours, ^fchines alTerts, that Reader like the p'eading of a common
Demofthenes is in thefe Circumftanccs. Lawyer, quoting Statutes and Precedents.
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? AGAINST GTE SIPHON. 243
therefore were compelled to pronounce Sentence, not with Re-
gard to the Griminal, but to the Difhonour, which his being
condemned muft have refleded on the People.
f One of our Legiflators, therefore, obferving thefe Abufes,
enaded a Law, in itfelf really excellent, and which exprefsly
forbids our crowning any Perfon, who hath not paiTed his Ac-
counts. " Yet, however wifely provident our Legiilator, certain
fallacious Reafonings have been invented, which have affumed
a Power fuperior to the Authority of his Law, and by which,
if you be not rightly informed, you may be infenftbly deceived.
For fome, who contrary to Law propofe to crown the Magif-
trate, yet accountable for his Condudl, have a Kind of natural
Modefty (if he can poflibly be called Modeft, who violates the
Laws of his Country) and throw a Veil over the Turpitude of
their Defigns. They write in the Preamble of their Decrees,
Let fuch a Perfon be crowned, when he hath given in his Ac-
counts, and thofe Accounts have been approved. " The Republic
is however equally injured, for by the Praifes and Crov. 'ns thus
irregularly decreed, all future Inquiries are precluded; while he,
who prefers the Decree, convinces his Audience, that he violates
indeed the Laws of his Gountry, yet blufhes for the Crime he
commits. But Ctefiphon, O Athenians, having notorioufly
tranfgreffed an eftablifhed Law, and even omitted that plaufible
Evafion, I have juft now mentioned, hath propofed to crown
Demoflhenes, before his giving in his Accounts ; before thofe
I i 2 Accounts
(C
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? 244 ORATION OF ^SCHINES
Accounts have been examined j and even while he ftill continues
in his Office. !
They u^ill offer, Athenians, another Manner of reafoning^
fomewhat different from that already mentioned ; I that w^hoever
is created by the Decree of any particular Tribe, is not proper-
ly a Magiftrate, but fimply executes fome certain Office and
Employment. For Magiftracies, they afTert, are what the
ThefmothetJE diftribute by Lot in the Temple of Thefeus, or
thofe, which the People have been accuftomed to decree at a
general Election ; fuch as the Command of your Infantry and
Cavalry,! with others of the fame Nature ; but that all the reft
are meerly Employments, appointed by Decree of fome partis
cular Tribe. i In Oppofftion to thefe Arguments I fhall produce
a Law, which you yourfelves enafted, imagining it would ef-
fedlually obviate fuch Pretexts. It is there exprefsly written,
" all thofe Employments are ftridlly Magiftracies, that are con-
" ferred by a Decree of the People. " I When the Legiffator
hath included them under one general Term, and declared,
that all Offices, conferred by the Suffrages of the People, are
properly Magiftracies, he then particularly mentions the Sur-
veyors of the public Works (Demofthenes is even now appoint-
ed to repair our Walls, and overfee the moft important of our
public Works) all, who execute any Office more than thirty
Days ; all, who prclide in any Courts of Judicature (but all
Surveyors cf the public Works really have their Courts of Ju-
dicature,
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? AGAINST CTESIPHON. 245
dicature, in which they prefide) 'What does he command
them to do ? Not to adminifter an Office, but execute a Ma-
giftracy, when they have been approved of in the proper
Courts ; for even they, who are eledled by Lot, cannot enter
upon their Employments, untill they have been regularly ap-
proved. (3) He commands them to pafs their Accounts
before the proper Officers. In Proof of what I affert, the
Secretary fliall read the Laws themfelves. /''^
The Laws.
SiNCE therefore, Athenians, what the Legiflator names
Magifh-acies, thefe People call Offices and Employments, it
is your Buiinefs to remember this Law ; to fet it in Oppoiition
to their frontlefs Aflurance, and to fuggefl: to them, that you
approve not of that pernicious Sophift, who is confident he
fhall with Words overturn your Conftitution ; but that in
Proportion, as he fpeaks with greater Eloquence, when he
propofes a Decree, which violates your Laws, fo fhall he feel
your feverer Indignation. l For the Orator, O Athenians, and
the Law fhould neceffarily fpeak the fame Sentiments ; but
when the Laws utter one Language, and the Orator anpther,
it is your Duty to give your afient rather to the Juftice of the
Law, than to the Confidence of the Orator. '
With
(3) "Whoever accepted any OiHce in private Charader, he was not fuppofed
the State was obligeci to pafs an Exa- capable of acling with Probity or Re-
mination of his Life and Manners. If putation in the Affairs of the Public.
he was found vicious or fcandalous in his
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? 246 ORATION OF iESCHINES
With regard to what Demofthenes calls an invincible Ar-
gument, I would willingly premife fome fhort Remarks. He
will argue thus j "I am appointed to rebuild our Walls.
" I acknowledge it. But I have liberally given to the Re-
*' public an hundred Min^, and the Work hath been execu-
" ted by my Care with greater Dignity. For what therefore
" am I accountable, unlefs we muft account for our voluntary
" Bounty ? " To this fallacious Reafoning hear me anfwer
with Juflice to Him, and Advantage to You. In this City,
thus ancient, thus powerful, among the Numbers who have
engaged in the Service of the Public, in whatever Kind
of Employment, there never was a iingle Perfon exempted
from the Obligation of rendering his Accounts. This I fhall
demonftrate in Inflances almoft incredible. The Law com-
mands our Priefls and Prieftefies, both colledlively for their
Societies, and feparately for themfelves, to be accountable, al-
though they receive no pecuniary Reward, but Plonour only
for offering up their Prayers to the Gods for your Welfare.
Nor private Perfons alone, but Families, fupported by the
Public, fuch as the Eumolpids and Ceryces and all others of
this Kind, are fubjeded to this Inquiry. Thus the Law obli-
ges even thofc, who have fitted out Gallies at their own Ex-
pence, to pafs their Accounts ; who never touched the public
Money, < nor after having rapaciouily plundered your Revenues,
and then paid back fome inconfiderable Part of ir, profefs
they have liberally contributed out of their private Fortunes,
when
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? AGAINST CTESIPHON. 247
\\hen they mcerly reftore fome little Portion of your own
Treafures ; <<but even they, who have confefTedly expended their
paternal Eftates to demonftrate their Zeal and Ambition to ferve
you ; nor they alone, but even the higheft Councils of the
Republic, fubmit themfelves to the Infpedtion of the Courts,
appointed to receive their Accounts. ' For the Law commands
the Senate held in the Areopagus to render in writing to the
proper Officers a general Account of their Conduct, and to
give in their Accounts of Money received or expended ; and
even this fupreme Court fubmits to your Judgement its graved
and mod: important Deciiions. " Shall not the Senate then of
*' the Areopagus be crowned ? " It is not agreeable to their In-
ftitution. *' Are they not animated with the love of Glory? "
So entirely, as not to be fatisfied, that none of their own Bo-
dy commits any flagrant Offence, but they punifli the moft
inconfiderable Errors with Severity. Yet thefe your Orators
exult in their Licentioufnefs.
? TAgain, the Legiflator hath made the Council of five hund-
red accountable, and fo vehemently does he fufped the Perlbn,
v/ho hath not pafled his Accounts, that in the very Beginning
of the Law he declares, whoever is yet accountable for his Ma-
giftracy, (thefe are his Words) let him not leave the City. / " In
" the Name of Hercules (^thus might any one exclaim) bccaufe
" I have been a Magiftrate, fh:-! ! I not leave the City ? " No ;
to prevent your flying from Juflice, after liaving embezzled
5 our
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? 24>> ORATION OF iESCHINES
our Treafures, or been guilty of Irregularities in your OiEce.
Again. He forbids the Perfon, who ftands accountable, to'
confecrate his Wealth to the Gods ; to fufpend any votive Or-
naments in their Temples ; to alienate his Fortune by being a-
dopted into any other Family ; or to bequeath his PofTeffions
by Will, with many other fuch Inftances. In a Word, the
Legislator feizes the Property of all thefe Perfons, as a Pledge
and Security, untill they have given in their Accounts to the Re-
public. ! " Acknowledged. But there are fome perhaps, who
" never received, nor ever expended, any of the public Mo-
" ney, butmeerly executed fome common Office in the State. "
Even this Man, the Legiflator obliges to bring in his Accounts
to the Clerks of the Treafury.
