Whatever may be the Merit or Succefs of this Tranflation, I
can truly fay I have endeavoured to deferve the public Appro-
bation ; to be juft to my Subfcribers, and grateful to the Gen-
tleman, who has honoured it with his Patronage.
can truly fay I have endeavoured to deferve the public Appro-
bation ; to be juft to my Subfcribers, and grateful to the Gen-
tleman, who has honoured it with his Patronage.
Demosthenes - Orations - v2
Orations of Demosthenes, translated by the Rev.
Mr.
Francis, with
critical and historical notes.
Demosthenes.
London : Printed for A. Millar, 1757-58.
http://hdl. handle. net/2027/uc2. ark:/13960/t9x06c69h
Public Domain
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? ORATIONS
OF
DEMOSTHENES
AND
iE S C H I N E S,
Tranflated by the Rev. Mr. FRANCIS.
VOL. ir.
LONDON;
Printed for A. Millar, in the Strand.
M DCC LVIII.
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? ? ^T>>/.
ADVERTISEMENT.
IN the former Volume we have feen the People of Athens,
guided by the Counfels and animated by the Eloquence
of their great Orator, almoft alone fupporting the Liberties
of Greece. We fhall hereafter fee them involved in the com-
mon Slavery, yet diftinguifhed by their Conqueror with pe-
culiar Marks of his Clemency. Both Philip and his Succeflbr
permitted them to enjoy their Laws and Conftitution ; their
Senate and Aflemblies. Yet their Povi^er is no longer exerted
in the Deftination of Fleets and Armies, but in punifhing their
own unhappy Citizens. Their Aflemblies are no longer em-
ployed in fuccouring their Allies, or fupporting their own, and
the univerlal Liberties of Greece, but in hearing their Orators
accufe each other, v/ith a Malignity, that offers Violence and
Outrage to the common Sentiments of Humanity. In certain
Confequence, the People are divided into Fadions, and the
public Spirit, that might pofTibly have made fome powerful
and effed:ual Effort againft the common Oppreflbr, is diflipated
and wafled in unavailing and pernicious Contefts.
We are not able to determine upon the Succefs of the firfl
Profecution. -ffifchines was probably acquitted, but with
what Degree of Infamy or Honour is uncertain. In the fe-
cond he was condemned, and although the Fine impofed upon
him
A4-fr^P5?
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? ADVERTISEMENT.
him by the Laws was inconfiderable, and which he could
eafily have paid, yet he chofe perpetual Banifhment, rather
than live in Athens under the Charader of a Traitor and In^
former. He retired to Rhodes, where he purchafed a little
Eftate, and taught Rhetoric for his Subfiftcnce. Thefe Cir-
ciimftances appear in Favour of his Innocence ; for we can
hardly fuppofe, that a Man, who muft have been largely re-
warded by Philip for betraying his Country, aad who was at
that Moment a Penfioner of Alexander, could have been re-
duced to fuch Neceflity. But the Athenian People were better
Judges of Eloquence by their Paffions, than of Reaibn and
Juftice by their Underftanding. The Caufe was really that of
Eloquence itfelf ; and in fuch a Caufe Demofthenes muft un-
doubtedly have been fuccefsful. Thus did the Republic lofe
by this unhappy Conteft a Citizen of eminent Abilities, and
Eloquence inferior only to that of Demofthenes.
It now remains to make pubKc Acknowledgement of the
Afliftance I have received in the following Work. The firft
Oration is tranflated into Italian ; the fecond into Latin only ;
the two laft into French and Italian. All thefe I have ufed
without Referve, and, I hope, not without Advantage. Per-
haps, in the common Forms among V/riters, this general Ac-
knowledgement may be fufficient. But it were difingenuous
and ungrateful not to mention a late Edition of our Author
by Dodtor Taylor, in a more particular Manner. This very
valuable
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? ADVERTISEMENT.
valuable Work cannot want my Teftimony to its Merit. Let
me however be permitted to fay, that whatever Thanks are
due to the Diligence and Accuracy of collating Manufcripts
and Editions, or of fearching through all the Writers of An-
tiquity for PafTages, that might afcertain the original Text,
are undoubtedly due to this Gentleman. A great Number of
conjedural Emendations will certainly do honour to his critical
Sagacity ; but his peculiar Merit confifts in his Knowledge
of the Athenian Courts of Judicature ; their Laws and Ufages,
and Terms employed in their Pleadings ; a Kind of Erudition,
that was greatly wanted, and abfolutely neceilary to explain a
thoufand Difficulties in thefe Orations.
How much I am indebted to this Writer will appear in every
Page, and almoft in every Sentence of the following Tranfla-
tion. Yet, it may be objedled, I have fometimes differed from
him in Opinion. Never without Unwillingnefs and Appre-
henfion ; certainly never in a Prefumption of that Equality or
Superiority, which Difference in Opinion generally fuppofes.
I HAVE now finiflied a difficult and a laborious Tafk.
Whatever may be the Merit or Succefs of this Tranflation, I
can truly fay I have endeavoured to deferve the public Appro-
bation ; to be juft to my Subfcribers, and grateful to the Gen-
tleman, who has honoured it with his Patronage.
CO N-
? ? Generated for (University of Chicago) on 2014-12-27 04:55 GMT / http://hdl. handle. net/2027/uc2. ark:/13960/t9x06c69h Public Domain / http://www. hathitrust. org/access_use#pd
? CONTENTS.
ORATION Page
XV. Demosthenes againfl: ^schines for Misconduct
in his Embassy - - i
XVI. ^scHiNEs hij Defence - - 155
XVII. ^scHiNES againfl Ctesiphon - 235
XVIII. Demosthenes in Defence of Ctesiphon 358
O R A-
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? (|^j^(M)(SS)G^g)@^>g^gKSS0SiS^
ORATION XV.
Upon an Indiament againft ^ S C H I N E S
for Mifconduft in his Embafly.
. <^1Sai(R)(iS(R);M)(^(R)^(R)(S11XSS(R)GS(R)(i^^(M)(l^'(l^^
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? ? ? Generated for (University of Chicago) on 2014-12-27 04:55 GMT / http://hdl. handle. net/2027/uc2. ark:/13960/t9x06c69h Public Domain / http://www. hathitrust. org/access_use#pd
? ORATION XV.
Upon an Indiament againft ^ S C H I N E S for
. Mifcondudl: in his EmbraTy.
WHAT violent Contefts, O Men of Athens, what In-
trigues have appeared during this Trial, I prefumc
you are almoft univerfally fenfible, lince you have
undoubtedly obferved fome certain Perfons, vi^hen the Lots were
drawing at the late Eledion, and You were appointed out-
Judges, importunate and prelling upon you with their Soli-
citations. But I fhall implore, what ought in Equity to be
granted even to them, who do not implore it, that neither
perfonal Friendfliip, nor the Interefl: of any particular Perfon,
may have a greater Influence over you, than your Regard for
Juftice,
The Title of this Oration hath never Juftice, Ju IndiBment upon the Law of
been accurately exprefTed in the Original. Embajfies ; or, as we might exprefs it,
Cicero renders it Orat'w falfe legat'tonis An Jifion upon the Statute. Unable to
contra . Efchinejn ; and other Latin Writ- convey thefe Ideas to his Readers by any
ers, Oratio ie male obita, vmie gejh, ExpreiT:on in our Courts, the Tranflator
and cmentita legatione, from whence the hatli chofen a fimpler, and, he hopes,
Italian, Oratione della falfa anibafcieria. a more intelligible I icie for the Oration. '
None of thefe Translations pay any At- The Reader may find a fhort Account
tendon to the part'cular Meaning of of this Embaffy, Page i/Sof thefirft
Ud'puTr^tirQilx, which lignifies, m the VolunjC.
L;nguage of the Athenian Courts of
B2
? ? Generated for (University of Chicago) on 2014-12-27 04:55 GMT / http://hdl.
Whatever may be the Merit or Succefs of this Tranflation, I
can truly fay I have endeavoured to deferve the public Appro-
bation ; to be juft to my Subfcribers, and grateful to the Gen-
tleman, who has honoured it with his Patronage.
CO N-
? ? Generated for (University of Chicago) on 2014-12-27 04:55 GMT / http://hdl. handle. net/2027/uc2. ark:/13960/t9x06c69h Public Domain / http://www. hathitrust. org/access_use#pd
? CONTENTS.
ORATION Page
XV. Demosthenes againfl: ^schines for Misconduct
in his Embassy - - i
XVI. ^scHiNEs hij Defence - - 155
XVII. ^scHiNES againfl Ctesiphon - 235
XVIII. Demosthenes in Defence of Ctesiphon 358
O R A-
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? (|^j^(M)(SS)G^g)@^>g^gKSS0SiS^
ORATION XV.
Upon an Indiament againft ^ S C H I N E S
for Mifconduft in his Embafly.
. <^1Sai(R)(iS(R);M)(^(R)^(R)(S11XSS(R)GS(R)(i^^(M)(l^'(l^^
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? ORATION XV.
Upon an Indiament againft ^ S C H I N E S for
. Mifcondudl: in his EmbraTy.
WHAT violent Contefts, O Men of Athens, what In-
trigues have appeared during this Trial, I prefumc
you are almoft univerfally fenfible, lince you have
undoubtedly obferved fome certain Perfons, vi^hen the Lots were
drawing at the late Eledion, and You were appointed out-
Judges, importunate and prelling upon you with their Soli-
citations. But I fhall implore, what ought in Equity to be
granted even to them, who do not implore it, that neither
perfonal Friendfliip, nor the Interefl: of any particular Perfon,
may have a greater Influence over you, than your Regard for
Juftice,
The Title of this Oration hath never Juftice, Ju IndiBment upon the Law of
been accurately exprefTed in the Original. Embajfies ; or, as we might exprefs it,
Cicero renders it Orat'w falfe legat'tonis An Jifion upon the Statute. Unable to
contra . Efchinejn ; and other Latin Writ- convey thefe Ideas to his Readers by any
ers, Oratio ie male obita, vmie gejh, ExpreiT:on in our Courts, the Tranflator
and cmentita legatione, from whence the hatli chofen a fimpler, and, he hopes,
Italian, Oratione della falfa anibafcieria. a more intelligible I icie for the Oration. '
None of thefe Translations pay any At- The Reader may find a fhort Account
tendon to the part'cular Meaning of of this Embaffy, Page i/Sof thefirft
Ud'puTr^tirQilx, which lignifies, m the VolunjC.
L;nguage of the Athenian Courts of
B2
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? 4 ORATIONSOF
Juftice, and the Reverence due to that Oath, which each of
you folemnly fwore when lie entered into this Aflembly. Be
convinced, that fuch Conduct will be to you mofl advanta-
geous, and to the whole Republic ; but that the SuppHcations
and Earneftnefs of the declared Advocates in this Caufe are in-
tended for fome private Advantages, for Prevention of which
the Laws have this Day convened You, not to confirm them
as Privileges to the iinjuft.
Our other Citizens, who enter with an upright Intention
into the Service of the Public, although they have already
made Report of their Adminiftration, are always willing, and
even offer themfelves to any fecond Inquiry. In dired Op-
pofition to their Condud is that of i^fchines ; for before he
appeared upon his Trial, and palled the Accounts of his Em-
baffy, he rendered one of the Perfons, who defigned to pro-
fecute him, incapable of giving a legal Evidence againfl: him j (i)
others he deterred with Menaces, taking his Progrefs through
the City for that Purpofe, and introducing, into your Govern-
ment
(i) Timafchus, whom our Orator here He was condemned under the Statute of
aneans, and whom he frequently mentions Infamy, a Law-Term not unHke that
in this Oration, was a Man of Abilities, of Outlawry, by which he was deprived
and Intereft in the Republic. He had of all the Privileges of an Athenian Ci-
dctermincd to profecute TEfchines upon tizen, and rendered incapable of giving
this Otcaru)n, but ^Ichines prevented his Teftimony, or pleading in a Courc
him with an Accuiation upon the Licen- of Judicature,
tioulhels and Impurity of his Manners.
I
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? DEMOSTHENES. 5
ment a Cuftom in itfelf of all others mofl iniquitous, and to
You pernicious. For if whoever hath executed any pubHc
Employment, or engaged in the Adminiftration, can prevent
his being profecuted, by rendering himfelf terrible to his Ac-
cufers, or by any other unjuftifiable Method, you will aflur-
edly be deprived of all Authority.
That I (hall be able to convid this Man of having com-
mitted many atrocious Crimes, and merited the fevereft Pu-
nifhment, I am affured, and abfolutely confident. Yet al-
though I fpeak under this Perfuafion, I will declare, without
Concealment or Difguife, what I greatly dread. All the Trials
at prefent brought before you appear to me to depend not lefs,
O Men of Athens, upon Circumftances of Time, than upon
the Certainty of Fadls j and as a confiderable Length of Time
hath intervened fince this Embafly, I fear it hath created in
you a certain Forgetful nefs of your Wrongs, and even an Ha-
bitude of fuffering them. However, I will inform you, how
you may better underftand the Juftice of the Caufe, and pro-
nounce an equitable Sentence upon it ; if you, who are ap-
pointed our Judges, will confider and determine among your-
felves, what Account it may be of Advantage to the Repub-
lic to demand from an Ambaflador ; firft, what Reports he
made of his Embally, when he returned 3 fecondly, \^'hat
Meafures he recommended ; thirdly, what Inflirudions you
gave him J then recoiled: the Circumftances of the Timesj^
and
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? 6 ORATIONSOF
and afterwards Inquire, whether in all thefe Inftances he hath
preferved his Integrity iincorrupted. Wherefore thefe Inqui-
ries ? Becaufe from his Anfwers it is in your Power to deter-
mine concerning particular Conjundures ; for if thofe Anfwers
are true, You will pronounce the proper Sentence ; if falfe, the
contrary. But you generally efteem the Counfels of your
Ambafladors more worthy, than any other, of your Confi-
dence ; You hear and depend upon them, as perfe<ftly know-
ing in the Affairs, for which they were fcnt. Nothing there-
fore is more unworthy the Chara<5ler of an Ambaffador, than
to be convidled of having given you futile and pernicious Coun-
fel. Thofe Inftrudions, which you yourfelves gave iEfchines,
both for his Words and Adlions ; which you exprefsly decreed
he fhould obey, it was moft fitting he fhould have executed.
This you will allow. But wherefore an Account of any par-
ticular Time ? Becaufe, O Men of Athens, it often happens,
that in Affairs of greateft Moment, fome favourable Occafion
of ading is included in a very fmall Space ot Time, and
whoever voluntarily yields, or betrays it to his Enemy, fliall
never, with all his befl: F>ndeavours, be able to recover it again.
But did he yield for nothing, or was he corrupted to betray ?
Receiving an))- Emolument for fupporting Meafures injurious
to the Republic, I am confcious, you will all pronounce an
atrocious Crime, and worthy of your fevercil: Indignation. Our
f-cgifiator hath not perfectly defined this Crime, but hath
^mply forbidden any Man to receive Prcfents ; convinced, as
I ima-
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? DEMOSTHENES. 7
I imagine, that whoever hath once received a bribe ; whoever
hath been once corrupted, will never be a iafe and upright
Judge, where the Interefts of the Republic arc concerned.
If I can therefore manifeftly demonftrate, that j^^fchines
hath not uttered one iingle Truth in the Reports of his Em-
bafly; that he hindered the People from being informed by
me of the real State of their Affairs ; that he hath ever advifed
You in dire<fl; Oppofition to your Interefts ; that he hath not
executed thofe Inftrudlions, with which he was charged in his
Embafly ; that he idly wafted the Time, in which many fa-
vourable Conjundlures, and thofe in Affairs of utmoft Impor-
tance, were treacheroufly loft to the Republic ; that he and
Philocrates have received Prefents, and even Bribes, from Phi-
lip ; if I prove thefe Accufations, let him be condemned ; let
him fuffer a Punifhment, proportioned to his Guilt. 11, on
the contrary, I cannot demonftrate thefe Fads, efteem me a
Calumniator, and let him be acquitted. But although I might
accufe him, beftdes thefe, of many other enormous Offences^
O Men of Athens, which would juftly render him an Objedl
of your univerfal Deteftation, yet I rather choofe, before I
enter upon my future Proofs, to recall to your Remembrance
(ftnce I am affured many of you can eaftly remember) what
Rank ^Ichines affumed to himfelf upon his Entrance into the
Adminiftradon, and what Kind of Harangues he held it ne-
ceffary for him to make againft Philip in every Aftembly of the
People,^
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? 8 ORATIONSOF
People, that by his own Adlions, his own iirft Orations, ^ou
may be convinced, he ftands convided of receiving Bribes.
This therefore is the Man, who firft of all our Athenians
was fenfible, as he declared in his Harangues to the People,
that Philip was forming Defigns againft the common Liberties
of Greece, and had already corrupted fome certain Magiftrates
in Arcadia : who engaged Ifchander, an Under-A6lor to Ne-
optolemus, to play the fecond Charafter to him in this Tra-
gedy : (2) who propofed an Inquiry into thefe Affairs to the
Senate ; propofed it to the People, and perfuaded you to fend
Ambafladors for appointing a Congrefs here to confult upon
a Declaration of War againft Philip : who, when he returned
from Arcadia, repeated upon Memory thofe long and pompous
Orations, which he affirmed he had pronounced at MegalopoHs,
before the fupreme Council of Arcadia, in Support of your
Interefts againft Hieronymus, who fpoke in Defence of Philip ;
and laftly, who enumerated the mighty Calamities, thefe Mer-
cenaries, thefe Receivers of Money from Philip, occaftoned
not only to their own Countries in particular, but to the ge-
neral State of Greece.
While
(2) Our Orator never lofcs any Op- a Company of Comedians, maintained
portunity of infulting iEfchines upon his by Neoptolemus, the greatefc Adur of
Profeflion as a Player. He had carried his Age. He now introduces him into
llchnnder with him from Arcadia to the Politics of his Adminifcration, and
Athens, and had probably entered him a engages him to play fome under Cha-
Performer of fecond Charaflers (or, as raster in this Tragedy of hi? Qwn E{T}-
we might exprefs it) ap Under-Aftor in bafTy.
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? DEMOSTHENES. 9
While he was in this Manner opening his Adminiftration,
and exhibiting this Specimen of himfelf, you were perfuaded
by Ariftodemus, and others, whole Reports from Macedonia
brought you home nothing but Falfehood, to fend Ambafia-
dors to Phihp to negotiate a Peace. ^Efchines was appointed
one of thefe Ambaffadors, not to betray your proper Domi-
nions to your Enemies, or to place a Confidence in Philip, but
'to guard others from joining in fuch pernicious Pradices. For
by thofe Orations, which he repeated to you, and by his de-
clared Enmity to Philip, you with reafon entertained this
Opinion of him. He afterwards came to me, and agreed,
that we fhould mutually fupport each other in our Embafly,
aiid with many Arguments urged the Neceffity of our guarding
againfl: the polluted and fhamelefs Philocrates. Nor indeed,
until! our Return from our firft Embafiy, did even I fufpecV,
O Men of Athens, that ^fchines was corrupted, and had fold
himfelf. For befides his other Speeches, which I have already
mentioned, he rofe in the firft AfTembly, where you debated
upon the Peace, and opened his Oration with fome Expref-
fions, which, I believe, I can repeat in the very Words he
fpoke. '* Had Philocrates earneftly and induflrioully medi-
" tated, O Men of Athens, in what Manner he might befl
*' oppofe the Peace, he could never, in my Opinion, find a
Vol, II. C " bet-
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? lo ORATIONSOF
<' better Method than in the Decrees he propofes. For my
" own Part, while any one fingle Athenian furvives, never
" will I perfuade the ' Commonwealth to conclude fiich a
" Peace ; however I declare, that Peace, in general, is abfo-
" lutely neceflary. " Thus concife were his Exprefllons ; thus
moderate his Sentiments. But although he had thus expreffed
himfelf in our firft AfTembly ; though You yourfelves heard
him, yet the very next Day, when of Neceflity the Peace was
to be ratified, while I fupported the common Decrees of our
Confederates, and contended for a juft and honourable Peace i
while you approved of the Meafures I propofed, and determined
not to hear even the Voice of that execrable Philocrates, at
this very Time did ^Efehines rife, and harangue the People in,
his Defence, O Jupiter and all ye Gods ! in Exprefllons juftly
meriting a thoufand Deaths : " That it was no longer your
*' Duty to remember your Anceftors, or to fuffer thofe, who.
" mention to you their Trophies, their naval Vidories ; that
'< he would himfelf propofe and eftablifh a Law, by which
" you fhould never fend Succours to any Grecian State, by
" whom you had not before been aflifted. " Thus did this
miferable and fhamelefs Wretch dare to fpeak even in the Pre-
fencc, and Hearing of thofe very Ambafladors, whom you had
convened through all Greece by his Perfuafion, before he had
fbld himfelf to Philip.
When
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? DEMOSTHENES. n
When you had again, O Men of Athens, decreed him one
of your Ambafladors for demanding Philip's Oath in Ratifica-
tion of the Peace, in what Manner he confumed the Time,
and ruined the whole Affairs of the Republic, and what fre-
quent Quarrels arofe between us, becaufe I endeavoured to op-
pofe him, you fhall inftantly hear. When we returned from
our fecond Embafly, appointed for demanding Philip's Oath
and the Subjed of your prefent Inquiries ; when we found
not ev^n the leaft Article performed of all that had been pro-
mifcd, and therefore reafonably expelled ; when we faw you
were in every Inftance deceived, and that your AmbafTadors
adled in diredl Contradidion to your Decrees, we appeared
before the Senate. Many of you are confcious of the Fadls
1 am going to relate, for the Houfe was crouded with private
Citizens. I came forward, and laid the whole Truth before
the Senate, and accufed our guilty Ambafladors, from the very
firft Hopes brought you home by Ctefiphon and Ariftodemus.
Even when you had ratified the Peace, I enumerated every
Particular, which this bad Man had uttered in his Harangues ;
every Circumftance, by which they had reduced the Common-
wealth to that unhappy Crifis. What yet remained to us (the
Phoc^eans and Thermopyls) I counfelled you not to abandon ;
nor ever to commit the fame Errors again, nor to be held in
Sufpence by Hopes, repeated upon Hopes, by Promifes, on
C 2 Pro-
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? ,2 ORATIONSOF
Promifes ; nor to fuffer your Affairs to be reduced to fucli ex-
treme Deflrudion. Such the Counfel I gave, and the Senate
was convinced.
When an Affembly was afterwards convened; when it was
become neceflary to give you an Account of our Embaily^
this j^fchines, firft of all our Ambaffadors came forward (and
now by Jupiter and all our Deities I conjure you, endeavour
with me to recoiled, whether I repeat the Truth, for tliefe are
certainly the Circumftances, by which your Affairs were wholly
diftreffed and ruined) but he totally abftained from making
any Report with Regard to his own Condud during his Em_
baffy, or to what I had declared in the Senate, if perchance
he had entertained any Doubt of the Truth of what I de-
clared, but fuch an Oration did he make, containing Advan-
tacres fo numerous and fo great, that he abfolutely forced you
all into his Opinion. For he affirmed, he had perfuaded Phi-
lip to comply with every Meafure, wherein the Interefts of
the Republic were concerned, both with regard to the Caufe
depending before the Amphidyons, and in every other In-
ftance. (3) He then made a Recital of a long Harangue,
(3) The Amphidyons, however de- mifed to influence their Suffrages in Fa-
oenerate from the Virtue of their origi- vour of the Phocasans, as Allies and
nal Conftitution, ftill preferved an Ap- Friends of the Republic,
pearance of their ancient Authority, and The Reader may find fome Account
affumed a Right to determine upon the of the Amphidtyons in the Preface to
Juftice of the Qiiarrel between the Pho- the firfl Volume ; twelfth Page.
ca;ans and Thcbans. Philip had pro-
which
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? DEMOSTHENES. 13
which he informed us he had pronounced againft the Thebans
in the prefence of Phihp ; he repeated the general Heads of
it, and then computed, that by his pecuHar Condu6l in this
Embafly, you fliould hear, within two or three Days, with-
out your leaving home, or undertaking any Expedition, or
giving yourfelves the leaft Solicitude, that Thebes alone, with-
out an Invasion of the reft of Bceotia, was befieged ; that
Thefpiae and Platasa were again inhabited ; that Apollo's Trea-
fures were repaid Him, not by the Phocaeans, but the The-
bans, who had themfelves formed a Defio-n of feizino: his
Temple. (4) For ^fchines boafted of his having taught Phi-
lip, that they, who purpofe to commit a Crime, are not lefs
impious, than they, who really with their own Hands perpe-
trate the Fa(5l. He then affured us, that the Thebans, in Re-
fentment, had proclaimed a Reward for his Head. Laftly,
he affirmed his having heard, that the Euboeans were terrified,
(4) Tuv CaXiva-uvTuv r-^v kutccXti^iv committed the Sacrilege. Thus the rea-
T>> *? fl? . Tranflated by Wolfius, qui au- foning is direft and conclufive, which by
tores fuijfent templi occupandi, and he then his Tranflation is broken and imperfefl.
explains his Tranflation, as if the 1 he- The Italian Tranflator renders the Paf-
bans had advifed the Phocsans to feize fage, / quali haveano con/igliato, que fi
the Temple of Apollo.
critical and historical notes.
Demosthenes.
London : Printed for A. Millar, 1757-58.
http://hdl. handle. net/2027/uc2. ark:/13960/t9x06c69h
Public Domain
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? ORATIONS
OF
DEMOSTHENES
AND
iE S C H I N E S,
Tranflated by the Rev. Mr. FRANCIS.
VOL. ir.
LONDON;
Printed for A. Millar, in the Strand.
M DCC LVIII.
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? N
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? ? ^T>>/.
ADVERTISEMENT.
IN the former Volume we have feen the People of Athens,
guided by the Counfels and animated by the Eloquence
of their great Orator, almoft alone fupporting the Liberties
of Greece. We fhall hereafter fee them involved in the com-
mon Slavery, yet diftinguifhed by their Conqueror with pe-
culiar Marks of his Clemency. Both Philip and his Succeflbr
permitted them to enjoy their Laws and Conftitution ; their
Senate and Aflemblies. Yet their Povi^er is no longer exerted
in the Deftination of Fleets and Armies, but in punifhing their
own unhappy Citizens. Their Aflemblies are no longer em-
ployed in fuccouring their Allies, or fupporting their own, and
the univerlal Liberties of Greece, but in hearing their Orators
accufe each other, v/ith a Malignity, that offers Violence and
Outrage to the common Sentiments of Humanity. In certain
Confequence, the People are divided into Fadions, and the
public Spirit, that might pofTibly have made fome powerful
and effed:ual Effort againft the common Oppreflbr, is diflipated
and wafled in unavailing and pernicious Contefts.
We are not able to determine upon the Succefs of the firfl
Profecution. -ffifchines was probably acquitted, but with
what Degree of Infamy or Honour is uncertain. In the fe-
cond he was condemned, and although the Fine impofed upon
him
A4-fr^P5?
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? ADVERTISEMENT.
him by the Laws was inconfiderable, and which he could
eafily have paid, yet he chofe perpetual Banifhment, rather
than live in Athens under the Charader of a Traitor and In^
former. He retired to Rhodes, where he purchafed a little
Eftate, and taught Rhetoric for his Subfiftcnce. Thefe Cir-
ciimftances appear in Favour of his Innocence ; for we can
hardly fuppofe, that a Man, who muft have been largely re-
warded by Philip for betraying his Country, aad who was at
that Moment a Penfioner of Alexander, could have been re-
duced to fuch Neceflity. But the Athenian People were better
Judges of Eloquence by their Paffions, than of Reaibn and
Juftice by their Underftanding. The Caufe was really that of
Eloquence itfelf ; and in fuch a Caufe Demofthenes muft un-
doubtedly have been fuccefsful. Thus did the Republic lofe
by this unhappy Conteft a Citizen of eminent Abilities, and
Eloquence inferior only to that of Demofthenes.
It now remains to make pubKc Acknowledgement of the
Afliftance I have received in the following Work. The firft
Oration is tranflated into Italian ; the fecond into Latin only ;
the two laft into French and Italian. All thefe I have ufed
without Referve, and, I hope, not without Advantage. Per-
haps, in the common Forms among V/riters, this general Ac-
knowledgement may be fufficient. But it were difingenuous
and ungrateful not to mention a late Edition of our Author
by Dodtor Taylor, in a more particular Manner. This very
valuable
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? ADVERTISEMENT.
valuable Work cannot want my Teftimony to its Merit. Let
me however be permitted to fay, that whatever Thanks are
due to the Diligence and Accuracy of collating Manufcripts
and Editions, or of fearching through all the Writers of An-
tiquity for PafTages, that might afcertain the original Text,
are undoubtedly due to this Gentleman. A great Number of
conjedural Emendations will certainly do honour to his critical
Sagacity ; but his peculiar Merit confifts in his Knowledge
of the Athenian Courts of Judicature ; their Laws and Ufages,
and Terms employed in their Pleadings ; a Kind of Erudition,
that was greatly wanted, and abfolutely neceilary to explain a
thoufand Difficulties in thefe Orations.
How much I am indebted to this Writer will appear in every
Page, and almoft in every Sentence of the following Tranfla-
tion. Yet, it may be objedled, I have fometimes differed from
him in Opinion. Never without Unwillingnefs and Appre-
henfion ; certainly never in a Prefumption of that Equality or
Superiority, which Difference in Opinion generally fuppofes.
I HAVE now finiflied a difficult and a laborious Tafk.
Whatever may be the Merit or Succefs of this Tranflation, I
can truly fay I have endeavoured to deferve the public Appro-
bation ; to be juft to my Subfcribers, and grateful to the Gen-
tleman, who has honoured it with his Patronage.
CO N-
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? CONTENTS.
ORATION Page
XV. Demosthenes againfl: ^schines for Misconduct
in his Embassy - - i
XVI. ^scHiNEs hij Defence - - 155
XVII. ^scHiNES againfl Ctesiphon - 235
XVIII. Demosthenes in Defence of Ctesiphon 358
O R A-
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? (|^j^(M)(SS)G^g)@^>g^gKSS0SiS^
ORATION XV.
Upon an Indiament againft ^ S C H I N E S
for Mifconduft in his Embafly.
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? ORATION XV.
Upon an Indiament againft ^ S C H I N E S for
. Mifcondudl: in his EmbraTy.
WHAT violent Contefts, O Men of Athens, what In-
trigues have appeared during this Trial, I prefumc
you are almoft univerfally fenfible, lince you have
undoubtedly obferved fome certain Perfons, vi^hen the Lots were
drawing at the late Eledion, and You were appointed out-
Judges, importunate and prelling upon you with their Soli-
citations. But I fhall implore, what ought in Equity to be
granted even to them, who do not implore it, that neither
perfonal Friendfliip, nor the Interefl: of any particular Perfon,
may have a greater Influence over you, than your Regard for
Juftice,
The Title of this Oration hath never Juftice, Ju IndiBment upon the Law of
been accurately exprefTed in the Original. Embajfies ; or, as we might exprefs it,
Cicero renders it Orat'w falfe legat'tonis An Jifion upon the Statute. Unable to
contra . Efchinejn ; and other Latin Writ- convey thefe Ideas to his Readers by any
ers, Oratio ie male obita, vmie gejh, ExpreiT:on in our Courts, the Tranflator
and cmentita legatione, from whence the hatli chofen a fimpler, and, he hopes,
Italian, Oratione della falfa anibafcieria. a more intelligible I icie for the Oration. '
None of thefe Translations pay any At- The Reader may find a fhort Account
tendon to the part'cular Meaning of of this Embaffy, Page i/Sof thefirft
Ud'puTr^tirQilx, which lignifies, m the VolunjC.
L;nguage of the Athenian Courts of
B2
? ? Generated for (University of Chicago) on 2014-12-27 04:55 GMT / http://hdl.
Whatever may be the Merit or Succefs of this Tranflation, I
can truly fay I have endeavoured to deferve the public Appro-
bation ; to be juft to my Subfcribers, and grateful to the Gen-
tleman, who has honoured it with his Patronage.
CO N-
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? CONTENTS.
ORATION Page
XV. Demosthenes againfl: ^schines for Misconduct
in his Embassy - - i
XVI. ^scHiNEs hij Defence - - 155
XVII. ^scHiNES againfl Ctesiphon - 235
XVIII. Demosthenes in Defence of Ctesiphon 358
O R A-
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? (|^j^(M)(SS)G^g)@^>g^gKSS0SiS^
ORATION XV.
Upon an Indiament againft ^ S C H I N E S
for Mifconduft in his Embafly.
. <^1Sai(R)(iS(R);M)(^(R)^(R)(S11XSS(R)GS(R)(i^^(M)(l^'(l^^
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? ORATION XV.
Upon an Indiament againft ^ S C H I N E S for
. Mifcondudl: in his EmbraTy.
WHAT violent Contefts, O Men of Athens, what In-
trigues have appeared during this Trial, I prefumc
you are almoft univerfally fenfible, lince you have
undoubtedly obferved fome certain Perfons, vi^hen the Lots were
drawing at the late Eledion, and You were appointed out-
Judges, importunate and prelling upon you with their Soli-
citations. But I fhall implore, what ought in Equity to be
granted even to them, who do not implore it, that neither
perfonal Friendfliip, nor the Interefl: of any particular Perfon,
may have a greater Influence over you, than your Regard for
Juftice,
The Title of this Oration hath never Juftice, Ju IndiBment upon the Law of
been accurately exprefTed in the Original. Embajfies ; or, as we might exprefs it,
Cicero renders it Orat'w falfe legat'tonis An Jifion upon the Statute. Unable to
contra . Efchinejn ; and other Latin Writ- convey thefe Ideas to his Readers by any
ers, Oratio ie male obita, vmie gejh, ExpreiT:on in our Courts, the Tranflator
and cmentita legatione, from whence the hatli chofen a fimpler, and, he hopes,
Italian, Oratione della falfa anibafcieria. a more intelligible I icie for the Oration. '
None of thefe Translations pay any At- The Reader may find a fhort Account
tendon to the part'cular Meaning of of this Embaffy, Page i/Sof thefirft
Ud'puTr^tirQilx, which lignifies, m the VolunjC.
L;nguage of the Athenian Courts of
B2
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? 4 ORATIONSOF
Juftice, and the Reverence due to that Oath, which each of
you folemnly fwore when lie entered into this Aflembly. Be
convinced, that fuch Conduct will be to you mofl advanta-
geous, and to the whole Republic ; but that the SuppHcations
and Earneftnefs of the declared Advocates in this Caufe are in-
tended for fome private Advantages, for Prevention of which
the Laws have this Day convened You, not to confirm them
as Privileges to the iinjuft.
Our other Citizens, who enter with an upright Intention
into the Service of the Public, although they have already
made Report of their Adminiftration, are always willing, and
even offer themfelves to any fecond Inquiry. In dired Op-
pofition to their Condud is that of i^fchines ; for before he
appeared upon his Trial, and palled the Accounts of his Em-
baffy, he rendered one of the Perfons, who defigned to pro-
fecute him, incapable of giving a legal Evidence againfl: him j (i)
others he deterred with Menaces, taking his Progrefs through
the City for that Purpofe, and introducing, into your Govern-
ment
(i) Timafchus, whom our Orator here He was condemned under the Statute of
aneans, and whom he frequently mentions Infamy, a Law-Term not unHke that
in this Oration, was a Man of Abilities, of Outlawry, by which he was deprived
and Intereft in the Republic. He had of all the Privileges of an Athenian Ci-
dctermincd to profecute TEfchines upon tizen, and rendered incapable of giving
this Otcaru)n, but ^Ichines prevented his Teftimony, or pleading in a Courc
him with an Accuiation upon the Licen- of Judicature,
tioulhels and Impurity of his Manners.
I
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? DEMOSTHENES. 5
ment a Cuftom in itfelf of all others mofl iniquitous, and to
You pernicious. For if whoever hath executed any pubHc
Employment, or engaged in the Adminiftration, can prevent
his being profecuted, by rendering himfelf terrible to his Ac-
cufers, or by any other unjuftifiable Method, you will aflur-
edly be deprived of all Authority.
That I (hall be able to convid this Man of having com-
mitted many atrocious Crimes, and merited the fevereft Pu-
nifhment, I am affured, and abfolutely confident. Yet al-
though I fpeak under this Perfuafion, I will declare, without
Concealment or Difguife, what I greatly dread. All the Trials
at prefent brought before you appear to me to depend not lefs,
O Men of Athens, upon Circumftances of Time, than upon
the Certainty of Fadls j and as a confiderable Length of Time
hath intervened fince this Embafly, I fear it hath created in
you a certain Forgetful nefs of your Wrongs, and even an Ha-
bitude of fuffering them. However, I will inform you, how
you may better underftand the Juftice of the Caufe, and pro-
nounce an equitable Sentence upon it ; if you, who are ap-
pointed our Judges, will confider and determine among your-
felves, what Account it may be of Advantage to the Repub-
lic to demand from an Ambaflador ; firft, what Reports he
made of his Embally, when he returned 3 fecondly, \^'hat
Meafures he recommended ; thirdly, what Inflirudions you
gave him J then recoiled: the Circumftances of the Timesj^
and
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? 6 ORATIONSOF
and afterwards Inquire, whether in all thefe Inftances he hath
preferved his Integrity iincorrupted. Wherefore thefe Inqui-
ries ? Becaufe from his Anfwers it is in your Power to deter-
mine concerning particular Conjundures ; for if thofe Anfwers
are true, You will pronounce the proper Sentence ; if falfe, the
contrary. But you generally efteem the Counfels of your
Ambafladors more worthy, than any other, of your Confi-
dence ; You hear and depend upon them, as perfe<ftly know-
ing in the Affairs, for which they were fcnt. Nothing there-
fore is more unworthy the Chara<5ler of an Ambaffador, than
to be convidled of having given you futile and pernicious Coun-
fel. Thofe Inftrudions, which you yourfelves gave iEfchines,
both for his Words and Adlions ; which you exprefsly decreed
he fhould obey, it was moft fitting he fhould have executed.
This you will allow. But wherefore an Account of any par-
ticular Time ? Becaufe, O Men of Athens, it often happens,
that in Affairs of greateft Moment, fome favourable Occafion
of ading is included in a very fmall Space ot Time, and
whoever voluntarily yields, or betrays it to his Enemy, fliall
never, with all his befl: F>ndeavours, be able to recover it again.
But did he yield for nothing, or was he corrupted to betray ?
Receiving an))- Emolument for fupporting Meafures injurious
to the Republic, I am confcious, you will all pronounce an
atrocious Crime, and worthy of your fevercil: Indignation. Our
f-cgifiator hath not perfectly defined this Crime, but hath
^mply forbidden any Man to receive Prcfents ; convinced, as
I ima-
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? DEMOSTHENES. 7
I imagine, that whoever hath once received a bribe ; whoever
hath been once corrupted, will never be a iafe and upright
Judge, where the Interefts of the Republic arc concerned.
If I can therefore manifeftly demonftrate, that j^^fchines
hath not uttered one iingle Truth in the Reports of his Em-
bafly; that he hindered the People from being informed by
me of the real State of their Affairs ; that he hath ever advifed
You in dire<fl; Oppofition to your Interefts ; that he hath not
executed thofe Inftrudlions, with which he was charged in his
Embafly ; that he idly wafted the Time, in which many fa-
vourable Conjundlures, and thofe in Affairs of utmoft Impor-
tance, were treacheroufly loft to the Republic ; that he and
Philocrates have received Prefents, and even Bribes, from Phi-
lip ; if I prove thefe Accufations, let him be condemned ; let
him fuffer a Punifhment, proportioned to his Guilt. 11, on
the contrary, I cannot demonftrate thefe Fads, efteem me a
Calumniator, and let him be acquitted. But although I might
accufe him, beftdes thefe, of many other enormous Offences^
O Men of Athens, which would juftly render him an Objedl
of your univerfal Deteftation, yet I rather choofe, before I
enter upon my future Proofs, to recall to your Remembrance
(ftnce I am affured many of you can eaftly remember) what
Rank ^Ichines affumed to himfelf upon his Entrance into the
Adminiftradon, and what Kind of Harangues he held it ne-
ceffary for him to make againft Philip in every Aftembly of the
People,^
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? 8 ORATIONSOF
People, that by his own Adlions, his own iirft Orations, ^ou
may be convinced, he ftands convided of receiving Bribes.
This therefore is the Man, who firft of all our Athenians
was fenfible, as he declared in his Harangues to the People,
that Philip was forming Defigns againft the common Liberties
of Greece, and had already corrupted fome certain Magiftrates
in Arcadia : who engaged Ifchander, an Under-A6lor to Ne-
optolemus, to play the fecond Charafter to him in this Tra-
gedy : (2) who propofed an Inquiry into thefe Affairs to the
Senate ; propofed it to the People, and perfuaded you to fend
Ambafladors for appointing a Congrefs here to confult upon
a Declaration of War againft Philip : who, when he returned
from Arcadia, repeated upon Memory thofe long and pompous
Orations, which he affirmed he had pronounced at MegalopoHs,
before the fupreme Council of Arcadia, in Support of your
Interefts againft Hieronymus, who fpoke in Defence of Philip ;
and laftly, who enumerated the mighty Calamities, thefe Mer-
cenaries, thefe Receivers of Money from Philip, occaftoned
not only to their own Countries in particular, but to the ge-
neral State of Greece.
While
(2) Our Orator never lofcs any Op- a Company of Comedians, maintained
portunity of infulting iEfchines upon his by Neoptolemus, the greatefc Adur of
Profeflion as a Player. He had carried his Age. He now introduces him into
llchnnder with him from Arcadia to the Politics of his Adminifcration, and
Athens, and had probably entered him a engages him to play fome under Cha-
Performer of fecond Charaflers (or, as raster in this Tragedy of hi? Qwn E{T}-
we might exprefs it) ap Under-Aftor in bafTy.
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? DEMOSTHENES. 9
While he was in this Manner opening his Adminiftration,
and exhibiting this Specimen of himfelf, you were perfuaded
by Ariftodemus, and others, whole Reports from Macedonia
brought you home nothing but Falfehood, to fend Ambafia-
dors to Phihp to negotiate a Peace. ^Efchines was appointed
one of thefe Ambaffadors, not to betray your proper Domi-
nions to your Enemies, or to place a Confidence in Philip, but
'to guard others from joining in fuch pernicious Pradices. For
by thofe Orations, which he repeated to you, and by his de-
clared Enmity to Philip, you with reafon entertained this
Opinion of him. He afterwards came to me, and agreed,
that we fhould mutually fupport each other in our Embafly,
aiid with many Arguments urged the Neceffity of our guarding
againfl: the polluted and fhamelefs Philocrates. Nor indeed,
until! our Return from our firft Embafiy, did even I fufpecV,
O Men of Athens, that ^fchines was corrupted, and had fold
himfelf. For befides his other Speeches, which I have already
mentioned, he rofe in the firft AfTembly, where you debated
upon the Peace, and opened his Oration with fome Expref-
fions, which, I believe, I can repeat in the very Words he
fpoke. '* Had Philocrates earneftly and induflrioully medi-
" tated, O Men of Athens, in what Manner he might befl
*' oppofe the Peace, he could never, in my Opinion, find a
Vol, II. C " bet-
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? lo ORATIONSOF
<' better Method than in the Decrees he propofes. For my
" own Part, while any one fingle Athenian furvives, never
" will I perfuade the ' Commonwealth to conclude fiich a
" Peace ; however I declare, that Peace, in general, is abfo-
" lutely neceflary. " Thus concife were his Exprefllons ; thus
moderate his Sentiments. But although he had thus expreffed
himfelf in our firft AfTembly ; though You yourfelves heard
him, yet the very next Day, when of Neceflity the Peace was
to be ratified, while I fupported the common Decrees of our
Confederates, and contended for a juft and honourable Peace i
while you approved of the Meafures I propofed, and determined
not to hear even the Voice of that execrable Philocrates, at
this very Time did ^Efehines rife, and harangue the People in,
his Defence, O Jupiter and all ye Gods ! in Exprefllons juftly
meriting a thoufand Deaths : " That it was no longer your
*' Duty to remember your Anceftors, or to fuffer thofe, who.
" mention to you their Trophies, their naval Vidories ; that
'< he would himfelf propofe and eftablifh a Law, by which
" you fhould never fend Succours to any Grecian State, by
" whom you had not before been aflifted. " Thus did this
miferable and fhamelefs Wretch dare to fpeak even in the Pre-
fencc, and Hearing of thofe very Ambafladors, whom you had
convened through all Greece by his Perfuafion, before he had
fbld himfelf to Philip.
When
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? DEMOSTHENES. n
When you had again, O Men of Athens, decreed him one
of your Ambafladors for demanding Philip's Oath in Ratifica-
tion of the Peace, in what Manner he confumed the Time,
and ruined the whole Affairs of the Republic, and what fre-
quent Quarrels arofe between us, becaufe I endeavoured to op-
pofe him, you fhall inftantly hear. When we returned from
our fecond Embafly, appointed for demanding Philip's Oath
and the Subjed of your prefent Inquiries ; when we found
not ev^n the leaft Article performed of all that had been pro-
mifcd, and therefore reafonably expelled ; when we faw you
were in every Inftance deceived, and that your AmbafTadors
adled in diredl Contradidion to your Decrees, we appeared
before the Senate. Many of you are confcious of the Fadls
1 am going to relate, for the Houfe was crouded with private
Citizens. I came forward, and laid the whole Truth before
the Senate, and accufed our guilty Ambafladors, from the very
firft Hopes brought you home by Ctefiphon and Ariftodemus.
Even when you had ratified the Peace, I enumerated every
Particular, which this bad Man had uttered in his Harangues ;
every Circumftance, by which they had reduced the Common-
wealth to that unhappy Crifis. What yet remained to us (the
Phoc^eans and Thermopyls) I counfelled you not to abandon ;
nor ever to commit the fame Errors again, nor to be held in
Sufpence by Hopes, repeated upon Hopes, by Promifes, on
C 2 Pro-
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? ,2 ORATIONSOF
Promifes ; nor to fuffer your Affairs to be reduced to fucli ex-
treme Deflrudion. Such the Counfel I gave, and the Senate
was convinced.
When an Affembly was afterwards convened; when it was
become neceflary to give you an Account of our Embaily^
this j^fchines, firft of all our Ambaffadors came forward (and
now by Jupiter and all our Deities I conjure you, endeavour
with me to recoiled, whether I repeat the Truth, for tliefe are
certainly the Circumftances, by which your Affairs were wholly
diftreffed and ruined) but he totally abftained from making
any Report with Regard to his own Condud during his Em_
baffy, or to what I had declared in the Senate, if perchance
he had entertained any Doubt of the Truth of what I de-
clared, but fuch an Oration did he make, containing Advan-
tacres fo numerous and fo great, that he abfolutely forced you
all into his Opinion. For he affirmed, he had perfuaded Phi-
lip to comply with every Meafure, wherein the Interefts of
the Republic were concerned, both with regard to the Caufe
depending before the Amphidyons, and in every other In-
ftance. (3) He then made a Recital of a long Harangue,
(3) The Amphidyons, however de- mifed to influence their Suffrages in Fa-
oenerate from the Virtue of their origi- vour of the Phocasans, as Allies and
nal Conftitution, ftill preferved an Ap- Friends of the Republic,
pearance of their ancient Authority, and The Reader may find fome Account
affumed a Right to determine upon the of the Amphidtyons in the Preface to
Juftice of the Qiiarrel between the Pho- the firfl Volume ; twelfth Page.
ca;ans and Thcbans. Philip had pro-
which
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? DEMOSTHENES. 13
which he informed us he had pronounced againft the Thebans
in the prefence of Phihp ; he repeated the general Heads of
it, and then computed, that by his pecuHar Condu6l in this
Embafly, you fliould hear, within two or three Days, with-
out your leaving home, or undertaking any Expedition, or
giving yourfelves the leaft Solicitude, that Thebes alone, with-
out an Invasion of the reft of Bceotia, was befieged ; that
Thefpiae and Platasa were again inhabited ; that Apollo's Trea-
fures were repaid Him, not by the Phocaeans, but the The-
bans, who had themfelves formed a Defio-n of feizino: his
Temple. (4) For ^fchines boafted of his having taught Phi-
lip, that they, who purpofe to commit a Crime, are not lefs
impious, than they, who really with their own Hands perpe-
trate the Fa(5l. He then affured us, that the Thebans, in Re-
fentment, had proclaimed a Reward for his Head. Laftly,
he affirmed his having heard, that the Euboeans were terrified,
(4) Tuv CaXiva-uvTuv r-^v kutccXti^iv committed the Sacrilege. Thus the rea-
T>> *? fl? . Tranflated by Wolfius, qui au- foning is direft and conclufive, which by
tores fuijfent templi occupandi, and he then his Tranflation is broken and imperfefl.
explains his Tranflation, as if the 1 he- The Italian Tranflator renders the Paf-
bans had advifed the Phocsans to feize fage, / quali haveano con/igliato, que fi
the Temple of Apollo.
