Chapter IX · DEMOSTHENES (continued 2)

Against Callippus, 369 B.C. An ἔφεσις or appeal to a court from an arbitration which, according to the plaintiff Apollodorus, Pasion’s son, was informal, as the arbitrator had not taken the oath. The case arises from a claim made by Callippus for money deposited with the banker Pasion, and by him paid out to one Cephisiades.

Against Nicostratus, 368-365 B.C. Apollodorus had declared that Arethusius, a debtor to the State, possessed two slaves, who were liable to be confiscated in payment of the debt. Nicostratus, brother of Arethusius, declared that the slaves were his. Apollodorus in this speech has to prove that the claim is false.

Against Timotheus, 362 B.C. Apollodorus claims from Timotheus money which, he affirms, the latter borrowed from Pasion.

Against Polycles, 358 B.C. Apollodorus was forced to act at trierarch beyond the appointed time, as Polycles, his successor, was not ready to take over the duty. The former claims damages.

Against Stephanus, ii. See Against Stephanus, i., to which this is a supplement.

Against Euergus and Mnesibulus, 356-353 B.C. A prosecution for perjury of witnesses in a case of ex-trierarchs who are state-debtors.

Against Zenothemis, date unknown. An intricate story of fraud and collusion in connexion with money borrowed on the security of a ship and an attempt to scuttle the ship.

Against Boeotus, ii., 348-346 B.C. (see the first speech Against Boeotus). Mantitheus claims from his brothers the payment of his mother’s dowry in addition to his share of his father’s inheritance.

Against Macartatus, c. 341 B.C. A case dealing with a forged will and conflicting claims to an inheritance.

Against Olympiodorus, c. 341 B.C. Olympiodorus and Callistratus, brothers-in-law, obtained the inheritance of Conon. Their title being questioned, judgment went against them by default. They brought a fresh action, Olympiodorus claiming the whole and Callistratus half, but they had secretly agreed to divide the booty equally. Olympiodorus was awarded the whole, and kept it, so Callistratus brought an action on the ground of their agreement.

Against Lacritus, date unknown. Lacritus disclaims responsibility for the debts of his brother Artemon, whose property he has inherited.

Against Phaenippus, 330 B.C. (?). The petitioner, chosen for the trierarchy, claimed that Phaenippus was better able to afford it, and should submit to antidosis, or exchange of property. He accuses Phaenippus of making a false declaration.

Against Leochares, date unknown; another case of disputed inheritance.

Against Apaturius, 341 B.C. (?). Apaturius claims that the speaker has certain liabilities towards him in accordance with an agreement which he has lost. The speaker affirms in a παραγραφή that the contract was fulfilled some time ago and the document torn up.

Against Phormio, c. 326 B.C. Phormio having borrowed money on the security of a ship’s cargo in a voyage to the Bosporus and back, shipped no cargo on the return journey, but as the ship was lost, evaded his liabilities. When Chrysippus, the debtor, claimed repayment, Phormio put in a παραγραφή stating that he had fulfilled his contract.

Against Dionysodorus, 323-322 B.C. Another action for breach of contract in a similar case.

B.—Speeches in Public Causes

Against Androtion, 355 B.C., written for Diodorus. Androtion had proposed the bestowal of a golden crown on the Boulé for their services during the year. Euctemon and Diodorus attacked the proposal as illegal because the navy had not been increased during the year. Demosthenes in this speech attacks the retrograde naval policy, pointing out by historical argument the importance of the navy, and inveighs generally against the corruptness of the party which Androtion represents, as well as his personal character.

Against Leptines, 354 B.C. This is the first appearance of Demosthenes in a public court. Leptines had proposed the abolition of hereditary immunities from taxation (ἀτέλειαι) granted to public benefactors. It was a salutary measure in view of the existing financial embarrassment, but Demosthenes opposed it as being a breach of faith. ‘You must take care not to be found guilty of doing, as a State, the sort of thing that you would shrink from as individuals.’[382] This debasement of the State is compared to a debasement of the coinage, which is a capital offence.[383]

Against Timocrates, 353 B.C. Another speech written for Diodorus, contains several passages repeated from the Androtion. This man and others, having failed to repay certain moneys which they had embezzled, were liable to imprisonment. Timocrates proposed an extension of the time within which they might pay. Demosthenes maintains that the law was informally passed and was unconstitutional. Many of the arguments are sophistical or trivial, but some are weighty, and on general grounds, that retrospective legislation in the interests of individuals is bad, this speech is very sound. The peroration contains an eulogy on the laws of Athens.[384]

Against Aristocrates, 352 B.C., is an important authority for the Athenian law of homicide. Aristocrates had carried a resolution making the person of Charidemus inviolable. This man, an Euboean by birth, was a mercenary leader, who having helped to lose Amphipolis, was now proposing to recover it. He was at present commanding the forces of the Thracian chief Cersobleptes. Demosthenes wrote this speech for Euthycles, who impeached the proposal. It contains an unusually careful arrangement in three divisions: (1) The proposal is illegal, (2) it is against our interest, (3) Charidemus is an unworthy person. Demosthenes is seen at his best in his appeal to legislative principle, his use of historical argument, and his description of the conditions of mercenary service and the politics of the barbarian fringe. The case against Charidemus is strong; he has been in the service of Athens, Olynthus, Asia, and Thrace, and has played fast and loose with all.

Against Midias, 347 B.C. A fine speech on a trivial subject, which all the eloquence of Demosthenes cannot dignify. Strong emotion is evident all through, the tone is exalted, there are pathetic and humorous passages, and all about a box on the ear!

Midias, who had a long-standing personal grudge against Demosthenes, was also his political opponent. When Demosthenes undertook to furnish the chorus for his tribe at the greater Dionysia in 348 B.C., Midias did all that he could to ruin the performance. On the day itself he slapped Demosthenes in the face in the presence of the whole people in the theatre.[385] Demosthenes laid a complaint, and Midias was declared guilty of ‘contempt’ in a religious sense (ἀδικεῖν περὶ τὴν ἑορτήν). This preliminary vote involved no penalty, and Demosthenes was determined to push the case to extremes. Midias, having assaulted an official in discharge of his duty, and, further, committed sacrilege in so doing, might be condemned to death or confiscation of property. In the end, however, as we learn from Aeschines,[386] a compromise was made, and Demosthenes accepted half a talent as compensation for his injuries. This sum was quite inadequate, but there is good reason to believe that Demosthenes gave way for political reasons, since at the end of this year we find there is an understanding between him and the party of Eubulus, to which Midias belonged.

On the Embassy (de Falsa Legatione), 344 B.C.

We come now to the two great speeches arising out of the political hostility of Demosthenes and Aeschines, the speeches On the Embassy, 344 B.C., and On the Crown, 330 B.C. The history of the quarrel has been given in earlier chapters, and the speeches themselves to some extent described, since an account of the lives of the two orators must have been very incomplete without a full reference to their antagonism.[387] A few supplementary remarks may, however, be in place here.

In the Embassy Demosthenes has to fight an uphill fight; he accuses Aeschines of having, from corrupt motives, concluded a dishonourable and fatal peace. He can bring no direct evidence of the guilt of his rival, but his presumptive evidence is strong. He has one undisputed fact to work upon: Aeschines, on his return from the second embassy, made certain statements and promises which misled the people, and resulted in the occupation of Thermopylae and the ruin of Phocis. Aeschines himself must either have been duped or bribed by Philip, and as he has never admitted that he was a fool, it becomes certain that he was a knave. A long section of the speech (§§ 29-97) is devoted to a description of the effects of Aeschines’ policy, and another (§§ 98-149) infers his guilt on the lines indicated and from other incidents in his career. A presumption of guilt had already been reached in the opening sections (§§ 9-28) where the sudden change of front of Aeschines is described. The impression is strengthened by a review of the events of the second embassy (§§ 150-178). The charge has now been established as far as circumstances permit; the remainder of the speech, almost as long as this first part, is really a supplement. It is more discursive, and in some places, by its enunciation of general principles, recalls the tone of deliberative oratory.

The speech On the Crown,[388] 330 B.C., surpasses even the preceding speech in the appearance of disorder, which is probably due to deep design. The unity and consistency of the whole is preserved by the thought, which pervades every section, that the speaker must identify himself with the city; his policy has been hers; personal interests are merged in those of the community, and the case is to be won not on technical points of law but by a justification of the broader principles which have underlain all actions of the State.

The speeches Against Aristogiton, 325-4 B.C.,[389] are generally considered spurious; Weil, however, defends the authenticity of the first, while abandoning the second. The process is an attempt to crush a malicious and dangerous sycophant.

Two more public speeches by contemporary writers are included wrongly in editions of Demosthenes: Against Neaera, written for Apollodorus between 343 and 339 B.C., on a question of the legal status of a hetaira, and Against Theocrines, about 340 B.C. Theocrines was another sycophant, whom Demosthenes branded for ever by using his name as a term of abuse, referring to Aeschines as ‘a Theocrines with the bearing of a tragic actor.’[390]

C.—Deliberative Speeches

On the Symmories, 354 B.C., deals with a rumour that Persia intended to invade Greece. Demosthenes points out that this apprehension is unfounded, and discourages any rash steps; but admits that trouble is to be anticipated in the future, and so finds an opportunity for introducing a scheme of naval reform. The money could be obtained when the danger was imminent;[391] it was necessary now to perfect the machinery. The style is Thucydidean.

For the people of Megalopolis, 353 B.C. Megalopolis, the city of the Arcadian league, instituted by Epaminondas, was threatened with disruption by Sparta, and appealed to Athens. Sparta sent an embassy at the same time. Demosthenes, professing neutrality, really supported the Arcadians, wishing to preserve their integrity for the sake of the balance of power. He failed in his object.

First Philippic, 351 B.C., vide supra, pp. 206-210.

For the Liberty of the Rhodians, 351 B.C., supports the claim of the islanders against oppression by Artemisia, widow of Mausolus of Caria. Demosthenes failed again, chiefly through the prejudice against Rhodes, which had revolted against Athens in 357 B.C.

First, Second, and Third Olynthiacs, all in 349 B.C., vide supra, p. 210.

On the Peace, 346 B.C., vide supra, p. 212.

Second Philippic, 344 B.C., vide supra, pp. 213-214.

On the Chersonese, 341 B.C., vide supra, pp. 215-216.

Third Philippic, 341 B.C., vide supra, pp. 216-218.

The spurious Fourth Philippic (341-340 B.C.) has been discussed (supra, p. 218). The speech on Halonnesus (342 B.C.) is attributed to Hegesippus. It is a reply to an offer on the part of Philip to present to Athens the island of Halonnesus which he had seized, after clearing out the pirates who occupied it.[392]

On the Treaty with Alexander, date uncertain, probably 335 B.C., is also by a contemporary of Demosthenes. The theme is,—Treaties should be observed by all, but Macedon has broken promises, so this is an opportunity for Athens to recover her freedom.

The Answer to Philip’s Letter and the speech περὶ συντάξεως (on financial organization) are generally regarded as rhetorical forgeries.

Two epideictic speeches, the Epitaphius and Eroticus, are almost certainly not by Demosthenes, and the six Letters are doubtful. The fifty-six prooemia, or introductions to speeches, are probably genuine exercises of the orator’s early days.