Aeschines then did not prosecute Phrynon, for sending his own son to Philip for a disgraceful purpose. But because a man, who in his youth was above the average in appearance, did not foresee the suspicion which his good looks might entail, and afterwards lived a somewhat fast life, he has prosecuted him for unnatural offences.
{234} Now let me speak of the banquet and the decree; for I had almost overlooked what I was especially bound to tell you. In drawing up the resolution of the Council with reference to the First Embassy, and again in addressing the people, at the assemblies in which you were to discuss the question of peace, not a single word or act of a criminal nature on the part of these men having so far come to light, I followed the ordinary custom, and proposed to accord them a vote of thanks, and to invite them to the Town Hall. {235} And I did, of course, entertain Philip's ambassadors as well, and on a very splendid scale, men of Athens. For when I saw that in their own country they prided themselves even on things like these, as showing their prosperity and splendour, I thought that I must begin by outdoing them in this respect, and displaying even greater magnificence. These incidents Aeschines will shortly bring forward to prove that 'Demosthenes himself voted thanks to us, and gave a banquet to the ambassadors', without telling you the precise time when the incidents occurred. {236} For these things belong to a time before any injury had been done to the city, and before it was evident that they had sold themselves. The ambassadors had only just arrived on their first visit; the people had still to hear what they proposed; and there was nothing as yet to show that Aeschines would support Philocrates, or that Philocrates would make such proposals as he did. If, then, Aeschines uses any such argument, remember that the dates of the incidents are earlier than those of his crimes. But since then there has been no friendliness between myself and them, and no common action. (To the clerk.) Read the deposition.
[The deposition is read.]
{237} Now perhaps his brother Philochares will support him, and Aphobetus. There is much that you may fairly urge in reply to both; and I am obliged, men of Athens, to speak to you quite freely and without any reserve. You, Philochares, are a painter of vase-cases and drums; your brothers are under-clerks and quite ordinary men—not that there is any harm in these things, but at the same time they do not qualify a man to be a general.[n] And yet, Aphobetus and Philochares, we thought you worthy to be ambassadors and generals, and to receive the highest honours; {238} so that even if none of you were guilty of any crime, we should owe no gratitude to you; you would rather owe gratitude to us for your preferment. For we passed by many others, more deserving of such honours than you were, and exalted you instead. But if in the enjoyment of these very honours one of you has actually committed crimes, and crimes of such a nature, how much more deserving are you of execration than of acquittal? Much more, I am sure. Perhaps they will force their claims upon you, for they are loud-voiced and shameless, and they have taken to themselves the motto that 'it is pardonable for brother to help brother'. {239} But you must not give way. Remember that if it is right for them to think of Aeschines, it is for you to think of the laws and the whole State, and, above all, of the oath which you yourselves, who sit here, have taken. Yes, and if they have entreated some of you to save the defendant, then ask yourselves whether you are to save him if he is proved innocent of crime, or even if he is proved guilty. If they ask you to do so, should he be innocent, I too say that you must acquit him. But if you are asked to acquit him, whatever he has done, then they have asked you to commit perjury. For though your vote is secret, it will not be hidden from the gods; and the framer of our law [which enjoins secret voting] was absolutely right, when he saw that though none of these men will know which of you has granted his request, the gods will know, and the unseen powers, who has given the unjust vote. {240} And it is better for a man to lay up, for his children and himself, those good hopes which they can bestow, by giving the decision that is just and right, than to win credit from these men for a favour of whose reality they can have no certain knowledge, and to acquit the defendant, when his own testimony condemns him. For what stronger testimony can I produce, Aeschines, to prove how terrible your work as ambassador has been, than your own testimony against yourself? For when you thought it necessary to involve in so great and dreadful a calamity one who wished to reveal some of your actions as ambassador, it is plain that you expected your own punishment to be a terrible one, if your countrymen learned what you had done.
{241} That step, if you are wise, he will prove to have taken to his own detriment; not only because it is an overwhelming proof of the nature of his conduct as ambassador, but also because of those expressions which he used in the course of the prosecution, and which are now at our disposal against himself. For the principles of justice, as defined by you when you were prosecuting Timarchus, must, I presume, be no less valid when used by others against yourself. {242} His words to the jury on that occasion were these. 'Demosthenes intends to defend Timarchus, and to denounce my acts as ambassador. And then, when he has led you off the point by his speech, he will brag of it, and go about saying, "Well? what do you think?[2] Why I led the jury right away from the point, and stole the case triumphantly out of their hands."' Then you at least must not act thus, but must make your defence with reference to the real points of your case, though, when you were prosecuting Timarchus on that occasion, you permitted yourself to make any charges and assertions that you chose.
{243} But there were verses too, which you recited before the jury, in your inability to produce any witness to the charges on which you were prosecuting Timarchus:—
Rumour, the voice of many folk, not all
Doth die, for Rumour too a goddess is.[3]
Well, Aeschines, all those who are present say that you have made money out of your mission; and so it holds true against you, I suppose, that 'Rumour, the voice of many folk, not all doth die'. {244} For observe how easily you can ascertain how much larger a body of accusers appears in your case than in his. Timarchus was not known even to all his neighbors; while there is not a man, Hellene or foreigner, but says that you and your fellow ambassadors made money out of your mission. And so, if the rumour is true, then the rumour which is the voice of many folk is against you; and you have yourself laid down that such a rumour is to be believed, that 'Rumour too a goddess is', and that the poet who composed these lines was a wise man.
{245} Then, you remember, he collected some iambic verses, and recited the whole passage; for instance:—
Whoso in evil company delights
Of him I ne'er enquired, for well I trow,
As is his company, such is the man.[3]