For the A-
larm univerfally refounded through the Republic, (33) that the
Conftitution had been ruined by them, who had abolifhed the
Profecutions for propofing new Laws in Contradiction to thofe
already enabled.
larm univerfally refounded through the Republic, (33) that the
Conftitution had been ruined by them, who had abolifhed the
Profecutions for propofing new Laws in Contradiction to thofe
already enabled.
Demosthenes - Orations - v2
Having ridiculoufly^
fquandered away his paternal Fortune in building Gal lies, he
fuddenly made his Appearance as an Attorney, but being con-
vi? led of having betrayed his Truft in his new Profeffion, and
fhewn the Pleadings of his Clients to their Adverfaries, he
bounded from thence up to the Tribunal. Here he extorted
from the Republic a mighty Sum of Money, which he hath
reduced to almofl: nothing. At prefent the royal Gold of Perfia
hath overflowed him, like an Inundation. (29) Yet even the
Gold
(29) To ^xTtXiKov ^^lkt/ov 67njc? - feems to preferve this Idea in the PafTage
aXvyie Trjv ^uTToivriV ccvri. Thus rendered before us, which might be literally tranf-
by the lad, and, beyond all Comparifon, ^^^^^^ '^^^ ^"^^ '^"^'^ overflowed his Ex-
the beft Edition of our Author, \His T^"^" ' '^'^<<"S'^ po H-ip^ our I^anguage
Affairs ivere at a low Ebb, till the Tide '^'" "? ^ ^^""^ ^^e Hardinefs of fuch an
cf the Perfian Exchequer flowed in. j Yet E^preffion. KAsoTrar^a rtq 'UXii^g
tTTmXv^u gives us, in general, an Idea s7riKXv. croia-c6 ttoXXu %fLi. o-^, cum magnam
of overflowing and Inundation, rather ""^'"^ ^>>ri in Eleos efudijfet, or as it might
than the Flux and Reflux of the Sea. It ^^ better rendered, Elees auro imaiJavifet.
4 1 ! ic
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? 3i8 ORATION OF ^SCHINES
Gold of Perfia is not fufficient to fupport his Extravagance.
No Treafures can fatiate a depraved Spirit. In fliort, he now
adually rublifts, not upon his own Revenues, but on your
Dangers. But with regard to his Probity and his Eloquence,
how hath Nature formed him ? Eminent for his Eloquence j
infamous in his Life. In his Intemperance of Proftitution, he
commits fuch Exceffes, as I am unwilling to mention ; becaule
I have fometinies obferved, that they, who have too curioufly
explained the Turpitude of others, have made themfelves the
Objefts of public Deteftation. Yet what Advantages to the
Republic from his Eloquence ? His Words indeed are excel-
lent j his Adtions vile and fcandalous.
Of his Courage, I have very little to remark. If he himfelf
denied, or you were not confcious of his being a Coward, it
might be neceffary to dwell fomewhat longer on the Proofs.
But fince he confeffes even in your Aflemblies, and you your-
felves are univerfally feniible of his Cowardice, it only remains,
that 1 recall to your Remembrance the 'Laws enad;ed againft
Cowards in general. Solon, your ancient Legiflator, thought
the fame Punifhment fhould beinflided upon him, whorefufed
to cnlif! : ; upon him, who deferted his Ranks, and upon the
natural Coward. There are Indidments for Cowardice. Al-
thouorh
The Word s'Tj-ncXhcroca-x is explained by mentioned, miglit be fiipported by the
e7rt^oi-]jiXevcra(rBi, KUToc^aXSc-oi, ^i<e in- Authority of the Italian. Nondime'io hcra
undavie. ^/a- largiter effudit. Sir id as. ^ damri del Rehanm coper to la ftui fpefa.
The litteral I-ng! ifh Tranflation, above-
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? AGAINST CTESIPHON. 319
though fome of you may wonder, there fhould be Profecutions
againft the Infirmities of Nature, yet there certainly are. Up-
on what Reafons are they founded ? Upon a View of render-
ing your Soldiers more afraid of the Penalties inflided by the
Laws, than of their Enemies, and thus compelling them to
fight with greater Ardour for their Country. The Lcgiflator
equally excludes from the facred Afperfions in the Temple, (30)
and from all civil Bufmefs in the Forum, the Man, who re-
fufes to cnlift, the natural Coward, and him, who deferts his
Rank in Battle. He does not fuffer them to be crowned ; he for-
bids them to approach the Sacrifices, inftituted in the Name of
the People. And doft thou, Ctefiphon, command us to crown,
whom the Laws forbid to be crowned ? Doft thou by Decree
invite into the Theatre, amidft the foleran Reprefentation of
our Tragedies, the Man, moft unworthy of fuch Honours ?
Invite into the Temple of Bacchus, the Man, who by his
Cowardice hath betrayed all our Temples ? But that I may
not make you wander from the Subje6l, only remember, when
he profefTes his Zeal for the Liberties of the People, to confider
not his Eloquence, but his Life; to mark with Attention not
what he ailerts himfelf to be, but what he really is. //
Since
(3c) ns^i^'^avTyi^iuv koc] T^g oiyoccii. fprinkled by the Priefts. This Cuftom
Qiiafi arcendus eflet ab omnibus con- is Hill prcferved by Roman CathoHcs,
grcfiibus, tarn fans, quam civilibus. who tell us, it was originally a JewiHi
Taylor. A Vefftl, filled with purified Ceremony: as if the Heathens would
or holy Water, was placed at the En- have taken their religious Ceremonies
trance of the Heathen Temples, with ^''om a People, whom they defpiJed and
which the Perfons, who went to worfhip, abhorred,
cither fprinkled themfclves, or were
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? 320 , ORATION OF i? ^ S C Fl I N E S
Since I have mentioned Crowns and Rewards, wliile I re-
coiled, I will here prophecy to you, Men of Athens, if you
do not reftrain this Profufion of Rewards, and tliefe Crowns
thus inconfiderately beftowed, neither will the Perfons, who
. are honoured by them, return you Thanks for the Favour, nor
will the Affairs of the Republic be betta- diredled. Becaufe
you can never make the vicious Citizen virtuous, but you may
throw the Virtuous into the laft Defpair. That thefe Refledi-
ons are juft, I imagine, I can prove by ftrong Arguments.
For if you were alked, whether the Commonwealth feems at
prefent in a more flourifhing Condition, than in the Days of
our Anceftors, you would unanimoufly confefs, in the Days
of our Anceftors. Were the People at that Time more vir-
tuous, than at prefent ? They were then more eminent in
Virtue, and now far more degenerate. Yet Rewards, and
Crowns, and Proclamations, and the Honour of being main-
tained at the public Expence, were they at that Time more
? numerous, than at prefent? Thefe honourary Rewards were
then mod rare, and even the Name of Virtue was held in
Efteem ; but now, like Veftments often cleaned, thofe Re-
^wards have loft their Luftre, and Crowns are given by a meer
Habitude of giving, not by Judgement or Difcernment. /
It feems therefore moft unaccountable, if we confider things
with Attention, that Rewards of Merit arc now more frequent,
and the Republic then more powerful ; that the People of Athens
are
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? AGAINST CTE SIPHON. 321
are now more degenerate, and were then more eminent for their
Virtue. I fhall endeavour to explain a Fa6t tlius extraordinary
Can you imagine, Athenians, that any Man either at the Fcf-
tival of Minerva, or the Olympic, or your other public Games,
in which Crowns are given to the Vidlors, would engage
in the feverer, athletic, Exercifes, if the Crown is beflowed,
not upon the moft deferving, but on him, who hath prac-
tifed upon your Votes ? No, certainly. At prefent, to fpeak
my own Sentiments, by the Rarity of the Contention and the
Dignity of the Prize; by the Glory and Immortality, arifmg
from the Vidlory ; there are many, who will with Ardour ex-
pofe themfelves to every Fatigue, fupport the greateft Miferies,
and even endanger their Lives. Imagine yourfelves there-
fore appointed Arbiters in this Contention of civil Virtue, and
then refledl, that if you beftow thefe Crowns upon the Few,
and moft deferving, as the Law diredls, you fhall have many
Competitors for the Prizes of Virtue. But if you gratify who-
ever defires them, or thofe who make ufe of Artifice and In-
trigue to gain them, you will corrupt even the Genius, that was
likely to merit them<<
I WOULD willingly explain to you more clearly the Truth of
thefe Obfervations. Tell me then, does Themiftocles, under
whofe Command you conquered the Perfian in the Sea-Fight
at Salamis, or this Deferter of his Rank at Chaeronea, appear
to you the more valuable Citizen ? But Miltiades, who gained
Vol. II, T t the
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? 022 ORATION OF iESCHINES
the Vidory over the Barbarians at Marathon, or this Demoft-
henes ? But the Leaders, who brought home the People, who
had fled to Phyle for Protedion from the thirty Tyrants ? But
Ariftides, furnamed the Juft; a Surname very different from
that of Demofthenes? -- (31) Yet, by all the Deities of O-
lymnus, I do not hold it fitting to mention this Monfter upon
the fame Day with thefe illuftrious Perfons. However let him
prove in his intended Oration, where it was ever decreed, that
any one of thefe great Men fhould be rewarded with a golden
Crown. (32) Was the People ungrateful? No; they were
of too generous a Spirit to be ungrateful. But the Perfons,
who were thus unhonoured, were they unworthy of the Re-
public ? No ; they did not imagine, their Virtues could be
honoured by Decrees or monumental Infcriptions, but by the
orateful Remembrance of their Fellow-Citizens, which even
to this Day continues immortal.
But fome Rewards they received, which deferve to be men-
tioned. At that diftinguiflied Period, in which our Generals^
having: with Fortitude fuftained innumerable Fatigues and Dan-
gers,
(31) A more temperate Orator would Original, will imagine the Words, wllh
himfelf have anfwered thefe violent Inter- a golden Crown, an unfaithful Addition
rogations, or have continued to the two to the Text. But either that Part of the
la(t his ^ Sto? , or this Demofthenes ? prefent Sentence, which mentions the
However, our ' temperate TranQators, Leaders, who brought home the People
excepting Wolfius, have taken Care to ^^0TM Phyle, fhould be totally omitted,
iupply this apparent Want of gramma- o"" ^e muft read ;^. f ucr^ re? '<<>>'^, becaufe
tical Exaftnefs. ^^ ^^'^ hereafter find them crowned with.
(32) The Reader, who confults the ^live. Doctor Markland,
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? AGAINST CTESIPHON. 323
gersj gained an important Vidtory over the Medcs, in a Battle
fought upon the Banks of the River Strymon, vvlien they return-
ed to Athens they foHcited the People for fome Reward. The
People granted them very fignal Honours, as Honours were then
eftimated, and permitted them to eredl three marble Statues of
Mercury in the Portico of his Temples, but forbad them to
infcribe upon them their own Names, that the Infcription might
be that of the People, not that of the Generals. You ITiall be
convinced by the Verfes themfelves ; for upon the firft of thele
Mercuries is the following Infcription.
Upon the Banks of Strymon's rapid Tide
Thefe Leaders firft the haughty Mede fubdued ;
With direful Famine quell'd their Tyrant's Pride,
And with the avenging Sword their flying War purfued.
Upon the Second.
This Monument a grateful People raife.
To Virtue and illuftrious Worth decreed ;
Here let our Sons behold their Fathers' Praife,
And for the public Weal with Ardour bleed. -
Upon the Third.
On that fam'd Coaft, where great Atrides bled,
Meneftheus our Athenian Forces led ;
A Chief renown'd, in Homer's facred Page,
To form the Battle, and diredt its Rage.
Thus fam'd in War has Athens ever {hone,
Yet made the various Arts of Peace her o\vn.
T t 2 Is
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? 324 ORATION OF iESCHINES
Is the Name of the Generals infcribed upon any of theie
Mercuries ? No ; that of the People. Approach therefore,
in Imagination, the Portico, for its Paintings called the various,
where you frequently aflemble, and where all the Monuments
of your memorable Adions are depofited. You afk, Athenians,
what I mean by fuch a Propofal ? There the Battle of Marathon
is painted. Who was the Commander in Chief upon that im-
portant Day ? You can all anfwer, Miltiades. Yet his Name
is not written upon the Pidlure. Wherefore ? Did he not
folicit this Reward ? He did folicit, and the People refufed it.
Yet inftead of his Name they permitted him to be drawn the
principal Figure in the Piece, and in an Attitude, that diftin-
guiflied him animating the Soldiers to their Duty. In the
Temple of the Mother of the Gods, near the Senate-Houfe, we
may ftill behold what Rewards you gave the Leaders, who
brought home the People from their Exile in Phyle. Archinus,,
one of thefe Leaders, propofed a Decree, and carried it without
Oppofition, in which he directed, that a thoufand Drachmas
fliould be given to the Perfons, whom he brought home from
Phyle, for Sacrifices and monumental Offerings to the Gods ;
the whole amounting to fomewhat lefs than ten Drachmas, each
Perfon. He then ordered, that they fhould be crowned with
an Olive, not a golden Crown. For in thofe Days a Crown
ol Olive was held in Honour, though now a golden one is de-
fpifed. Nor did he fuffer thefe Crowns to be given without dire
Caution, but direfled the Senate to enquire with their ftri^eft
Care
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? AGAINST CTE SIPHON. 325
Care how many Citizens had been befieged in Phyle, who had
bravely repulfed the Lacedemonians and the thirty Tyrants,
when they attacked that Fortrefs ; not how many had fled
from the Battle of Ch^ronea, upon the Approach of the Enemy,
To prove thefe AfTertions, the Decree fhall be read to you.
The Decree.
Now compare with this Decree, that which Ctefiphon pre-
ferred for crowning Demofthenes, this Author of all our great-
eft Misfortunes.
The Decree.
Bv this Decree the Honours given to thofe, who reftored you
to your Country are wholly defaced. If this be Matter of
Glory, that was full of Turpitude ; if they were juftly rewarded,
this Man is unworthy to be crowned.
But I am informed, Demofthenes will reply, that I deal
unjuftly with him, when I compare his Adions with thofe of
our Anceftors. He will objed:, that Philammon was not crown-
ed in the Olympic Games for vanquifliing Glaucus, the cele-
brated Champion of Antiquity, buthisownperfonal Antagonifts ;
as if we were ignorant, that the Conteft in thefe Games is in-
deed perfonal, but that when we afpire to the Crown of Virtue,
we contend with Virtue herfelf, for whofe fake we are crown-
ed : becaufe the Herald ftiould by no means utter a Falfehood,
when he makes a Proclamation in the Theatre before the gene-
ral
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? 326 ORATION OF ^SCHINES
ral Aflembly of Greece. Do not therefore, Demofthenes, re-
peatedly inform us how far your Adminiftration exceeded that
of Pataecion, but give us fome Inftance of your own manly
Virtue, and then demand thefe Favours from the People. But
that we may not wander too far from the Subjedt, the Secretary
fliall read you the Verfes infcribed to thofe, who reftored the
People to their Country.
Thefe honour'd Wreaths this ancient State beflows.
For when opprefs'd, enflav'd. She bow'd the Head j
Thefe Heroes in her facred Caufe arofe,
Her Chains were broken, and her Tyrants fled.
The Poet fays they were honoured for having deftroyed a Ty-
ranny, that violated the Laws of their Country.
For the A-
larm univerfally refounded through the Republic, (33) that the
Conftitution had been ruined by them, who had abolifhed the
Profecutions for propofing new Laws in Contradiction to thofe
already enabled. (34)
My
(^3) "EvavXav, an elegant, and un- oF Expreffion fo remarkable, H^erehat
common Metaphor. Eft autem meta- <<nm etiam turn in auribus at que ammis
phora llimpta ab iis, quibus poft tibiaruni omnium.
Ibnum aures adhuc perfonant. Id eft, (34) TaV_ y^>><p>>? rm '? rx^xvof*uv,
tiotum eft: el inculcatum auribus, ut tibiarum -^>> A? iion laid againft the Perfon, who
/onus. Palmer. // rang in our Ear 3^ propofed a new Law in Oppofition to an
like the Sound of a 'Trumpet, (if indeed "^'^- This Expreffion recurs ib frequent-
axiXog fignifies a Trumpet) would per- ly>> that the Tranflator, apprehenfive it
haps be too bold for a Tranflation. Of "^'S^^ become difguftful to his Readers,
all our Trannators Lambinus alone feems ''^^^ fometimes changed it for any Vio-
to have paid any Attention to a Manner ^'^^^"^ "^ ^^^ ^^^""^ '" general.
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? AGAINST CTESIPHON. 327
My Father, who died at ninety-five Years of Age, and who
had born a confiderable Share in all the DiftrefTcs of the Com-
monwealth ; has often at his Hours of Leifure informed me,
that as foon as the People had refumed the Government, when-
ever an Adlion was brought before the Judges for propofing
new Laws, the Crime appeared equally atrocious, as if they
violated the Laws, already enadled. For what is there more
execrable, than the Man, who either fpeaks or afts in Violation
of the Laws of his Country ? Very different was the Manner
then, as he informed me, of hearing thefe Caufes, from what
is in Prad;ice at prefent. The Judges were far more fevere a-
gainft the Criminals, than even the Accufer himfelf. They
frequently called back the Clerk, and commanded him to read
again and again the Laws, and the Decree, that propofed any
Alteration in them. Nor were they alone condemned, who
thus contradicted any one whole Law, but they, who altered
even a fingle Syllable. But the Procefs in fuch Caufes now is
abfolutely ridiculous. The Clerk reads the Decree, preferred
againft the Laws, while the Judges, as if they heard fome idle
Ballad, or perhaps a Caufe, in which they were wholly uncon-
cerned, engage their Attention to whatever is moft foreign to
the Pleadings. Thus by the Artifices of Demofthenes you
have admitted this fhameful Cuftom into your Courts of Juflice,
and all your judicial Proceedings are totally perverted. The
Prolecutor in Fact becomes Defendant ; the Criminal turns
Profecutor, and the Judges not feldom forget the Caufe, upon
I which.
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? 328 ORATION OF . ESCHINES
which they are to pronounce Judgement. They are therefore
of Neceflity compelled to give Sentence upon Points, which
liave not appeared to them in the Trial, and of which they
confequently cannot ftridlly be Judges. ^If the Criminal con-
defcends to touch upon the Merits of the Caufe, he does not
defend himfelf by proving, that he has not propofed an illegal
Decree, but that others, who have preferred Decrees equally con-
trary to the Laws, have efcaped unpunifhed. Upon this Plea,
I am told, that Ctefiphon is highly confident and affured.
Aristophon had once in your Aflembly the Effrontery to
glory in his having been tried upon feventy-five Indidlments for
illegal Decrees. Not fb the ancient Cephalus, efteemed the
moll zealous Defender of republican Principles. He gloried in
the very oppofite Condudl, when he declared he had written
more Decrees, than ever any other Citizen, and yet had never
been accufed of contradidling any Law. A juft, in my Opini-
on, and a laudable Boaft. For not only they, who had taken
different Parties in the Adminiftration, impeached each other,
but Friends then giccufed Friends, if they were guilty of any
thing injurious to the Republic. You will be convinced by
the following Jnftance. Archinus impeached Thralybulus for
having, in Contradidtion to an exprefs Law, decreed a Crown
to one of thofe, who returned with him from Phyle. Thraly-
bulus was condemned, however recent his good Services, which
his Judges very lightly regarded j becaufe they imagined, that
as
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? AGAINST CTE SIPHON. 329
as he had brought home the People from Phyle, (o he now
intended, by tliis violent Infringement of the Laws, to drive
them again out of their Country.
Not fuchi^ ourprefent Conduit. Indeed the very contrary
Pradice prevails. Your ableft Generals, and even the Perfons,
who are maintained for their fuperior Virtue at the public Ex-
pence, folicit you to pardon thefe Criminals, when they are
pfofecuted. You may with Juftice charge them with Ingratitude.
For if he, who hath been honoured in a democratical Govern-
ment ; in this Republic, which owes its Being to the Prote6lion
of the Gods, and a due Obfervance of the Laws, dares to pa-
tronize the Violators of thofe Laws, he fubverts that Polity,
from which he received his Honours. What Kind of Defence
therefore may a wife and equitable Citizen be allowed to make
in Favour of the Criminal ? I will inform you. The Day ot
Trial for thefe Caufes is divided into three Parts. The Iirfl; is
given to the Profecutor, to the Laws and the Conititution : the
fecond to the Defendant and his Advocates. It the Criminal be
not acquitted by your firfl Sentence, the third Part is appointed
for his Puniiliment, and the jufl Severity of your Indignation.
Whoever therefore in the Part allotted for his Punifliment in-
treats your Favour, only deprecates the yuilice of your In-
dignation ; but He, who folicits your Suffrages to acquit
the Criminal, folicits you to violate your Oath, to violate the
Laws, to violate the Conftitution. He folicits a Favour, which
Vol. IL U u it
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? 330 ORATION OF ^SCHINES
it is impious to aflc, and impious to grant. Order them
therefore to fufFer you to pronounce Judgement according to
your Laws, and let them then apply for a Mitigation of the
Punifhment. j
As for my own Opinion, Athenians, I could almoft declare,
that in Caufes, at lead of this Kind, you fliould exprefsly for-
bid the Ule of Advocates and Pleaders both to the Profecutor
and Defendant. Becaufe, Juftice is not vague and undeter-
mined. It is bounded by the ' Limits of your Laws. As in
Mechanics, when we defire to know whether a Line be ftraight
or crooked, we bring the Rule, by which they are diftinguifh-
ed ; fo in Trials of this Kind the Rule of Juftice is always
ready for the Proof ; I mean the Table of our Laws, by which
we may difcern the Difagreement between the Decree, and the
Laws it contradidts. If you can demonftrate, Ctefiphon, any
Agreement between them in the prefent Inftance, you may de-
fcend from the Tribunal. Wherefore is it neceffary to invoke
the Afli fiance of Demofthenes ? Yet when you tranfgrefs the
Bounds of a legal Defence, and call this Worker of Iniquity, this
Artificer of Words, to your AfTiftance, you fteal away our At-
tention, you wound the Republic, you fubvert its Democracy.
What Method fliall we End to efcape this Influence of
Words ? " I will inform you. When Ctefiphon comes forward
on the Tribunal, and pompoufly pronounces the Speech De-
cc
2 '^mofthenes
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? AGAINST CTESIPHON. 331
mofthenes hath made ; when he tedioufly confumes your Time,
nor offers one reafonable Argument in his Defence, defire him,
without Noife or Tumult to take this Table of our Laws, and
compare it with his own Decree. If he pretends not to hear
you, determine not to hear Him ; for you do not come hither
to liften to them, who would avoid an equitable Trial, but to
them, who are willing to rely upon the Juftice of their De-
fence. But if he irregularly refufes to plead his own Caufe,
and calls Demofthenes to his Aid, be greatly cautious of admit-
ting this Author of Mifchief, who prefumes, he fliall be able
by the meer Power of Words to fubvert your Laws. When
Cteliphon therefore defires your Leave to call Demofthenes, let
not any Man account it Matter of Merit, to be the firft, who
fhall clamoroufly repeat " Call him ; call him. " For you
call him againft yourfelves ; you call him againft the Laws ;
you call him againft your Democracy.
If however you think proper to hear him, at leafl: require of
him to make his Defence in the fame Order I have obferved in
his Accufation. But indeed (that I may engage you to recol-
le6l) what Order have I obferved in accufing him ? I neither
entered, at firft, into his private Life, nor mentioned his pub-
lic Offences, although I might furely find abundant Proofs a-
gainft him, if I be not of all Mankind the fimpleft. ^Eut I
firft laid before you the Laws, which exprefsly forbid Ctefi-
phon to crown the Citizen, who hath not been legally difcharg-
U u 2 ed
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? 332 ORATION OF ^SCHINES
ed from his Office by paffing his Accounts. I then convltfted
him of having decreed a Crown to Demofthenes, who was yet
accountable for his Employment, and even without giving any
fpecious Praetext for his Decree, or inferring the ufual Form,,
*' if he have paiTed his Accounts," but a6Hng through the
whole Affair with an abfolute Contempt both of you, and the
Laws. , I mentioned the Objections he would probably make,
and which I think well deferve to be remembered. I then
/ran over your Proclamation-Laws, in which it is pofitively de-
clared, that the Perfon, whom the People have honoured with
a Crown, fhall not be proclaimed except in their own Allem-
blies. Yet Ctefiphon hath not only violated the Laws them-
felves, but every Circumftance of Time and Place with Regard
to the Proclamation, when he commands it to be made in the
Theatre, not in your Aflembly ; not when the People are
affembling, but when the Tragedians are entering upon the
Stage. I afterwards made fome few Remarks upon his private.
Character, and iniifted more largely upon his public Crimes.
You fbould therefore in Juflice oblige Demofthenes to make
his Defence in the fame Order ; firft, with Regard to the Law,
that obliges Magiflrates to pafs their Accounts of Office ; next,
the Law, that regulates our Proclamations ; and laftly, which
is the capital Article, let him diiprove his being unworthy of
any Reward. If he fhould intreat you to comply with his own
Arrangement of his Oration, and promife at the End of his
Apology
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? AGAINST CTESIPHON. 22>Z
Apology to clear himfelf from the Charge of violating the
Laws, do not comply. Be mod: aflured it is an Artifice to
impofe upon the Court. He never will attempt to vindicate
himfelf from this Charge, and having nothing valid or honefl: to
urge in his Defence, he will engage you, by introducing what-
ever is mod foreign to the Purpofe, to forget the real State of
this Profecution. As therefore in our gymnaftic Exercifes you
behold the Wredlers mutually drugling for Advantage of the
Ground, fo fhould you, as Wreftlcrs for your Country, contend
with him, even the whole Day, for this Advantage of Order.
Suffer him not to wander beyond the Bounds of the Article,
that charges him with the Violation of our Lawsj but fixed
and unmoveable in your Attention compel him, drive him into
the Proofs of his Defence, and heedfully guard all the Windings
of his Difcourfe, by which he intends to efcape. (35)
What Confequences will attend any other Manner of Proceed-
ing, I think myfelf in Juftice bound to foretell. Ctefiphon
will violently introduce this Impodor ; this public Spoiler; this
Deftroyer of our Polity ; who weeps more eafily, than others
laugh, and of all Mankind perjures himfelf with greateft Dex-
terity. Nor fhould I greatly wonder, if he fliould change his
ufual
(35) All the Terms of this Sentence, conjeftural Reading propofed by Doftor
\yKxB-/j^B)/oi, ivs^piuovTig, tiTeXxvvsTe, Markland, ittyiXauvers ng rig th Tr^ay-
eKT^OTTccg, ftrongly exprefs the Ideas of fjcxrog o^ovg, which, befides the Autho-
driving a wild Beaft into the Toils, al- rity of the Italian Trandator quoted by
though not yet underftood in that Senfe Dodor Taylor, is fupported by Du Vair,
by our Tranflators. They likewife add Ne fermettez point qti'il forte hors de:
much Probability to a very ingenious termes de la trangrejjion d:s loix. .
8
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? ORATION OF iESCHINES
334
ufual Arts of Tears and Perjuries into Calumnies againft our
Audience, and affert, that the Patrons of Oligarchy ; its avow-
ed, acknowledged Patrons, appear in Favour of the Profecutor,
while they, who are zealous for a popular Government, fupport
the accufed. To thefe AlTertions, intended only to divide the
People into Parties and Fadions, return this Anfwer, " If the
" Perfons, who brought home our Citizens from Phyle, had
^' refembled you, Demofthenes, this democratical Form of
*' Government had never been eftablifhed. But they, amidil
<<' the moft dangerous Conjunctures, preferved the Republic by
*' proclaiming that noblefl Sentiment of Wifdom and Huma-
*' nity, A general Indemnity for all past Offences.
*' But you tear open the Wounds of your Country, and are more
*' anxious for the Succefs of thefe your daily Declamations,
" than for the Safety of the Commonwealth. "
But when this common Perjurer fhall fly for Refuge to that
Credit generally given to Oaths, defire him to recolledl, that He,
who often perjures himfelf, yet ftill demands to be believed upon
his Oath, fliould undoubtedly have (what undoubtedly Demoft-
henes hath not) either new Gods, or not the fame Audience.
With Regard to his Tears, and that pathetic Tone of Voice,
when he fhall afk you with repeated Vehemence, " Whither
" fhall I fly, Athenians, if you banifh me from this Republic ?
" There is not whither I may diredt my Flight;" objedt in
your Turn, " But the People of Athens ; whither fhall They
'' fly,
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? AGAINST CTESIPHON. 2S5
*' fly, Demofthenes ? To what military Strength of their Al-
" lies? To what Treafurcs ? What Defence have you pro-
" vided for them during your Adminiflration ? How very
" wifely you have confulted your own Safety, we all behold.
" For although you have left Athens, (36) you do not really
" live, as you pretend, in the Pyrseum, but have taken your
" Refidence in that Harbour, for your more eafy Efcape from
" the Vengeance of the Republic. Neither are we ignorant,
** what ample Provifion you have made for your Cowardice
" during your Voyage, in Perfian Gold, and the Treafures,.
" of which you have plundered your Country. "
But indeed why thefe Tears ? Wherefore this Clamour ?
Why this vehement Tone of Voice? Is not Ctefiphon the
Perfon indicHied ? Is not his Fine yet undetermined ? (3 7) Nei-
ther your Fortune, your Life, or Reputation are interefted in
the Trial. But really for what is he thus extremely felicitous ?
For Crowns of Gold, and Proclamations in the Theatre, in di-
red: Violation of our Laws. If the People either abfolutely
frantick, or totally forgetting the prefent unhappy Situation of
their
(^6) It feems Demofthenes had left let us endeavour to give the general Senfe
his ufual Dw'elling in the City, and gone of it, as underftnod by Heraldus, quoted
to live in the Pyrsum -- Front v. -hence by Doclor Taylor. Is net this Lid:Sl-
tberefcre thefe Tears, thefe pathetic Ex- ment one of thofe, in which the Penalty or
ctamaticns upon the Apprehenfion of being Fine is not determined by our Lazvs, and
bani/hed ? You have already left your confeqiiently not to he exaHed with Rigour ?
Country. Tou are ? preparing to fly from is it not finally to be decided by our Judges,
ber for ever. "jaith whom Inter efl and Compaffion may
{ly) Inflead of engaging in the Dif- prevail to moderate the Severity of their
putes of the Learned upon this Paffige, Sentence ?
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? 336 ORATION OF . ^ S C H I N E S
their Country, could at fucli an unfeafonable Time confent to
lionour him with this Grown, it were his Duty to come into the
Afiembly and declare, '' Men of Athens, I receivi, this Crov/n
" with Gratitude, but I cannot approve of the Time, in which
" it is proclaimed. For it were moft unfit, that the Calami-
"" ties, which the Commonwealth has lam.
fquandered away his paternal Fortune in building Gal lies, he
fuddenly made his Appearance as an Attorney, but being con-
vi? led of having betrayed his Truft in his new Profeffion, and
fhewn the Pleadings of his Clients to their Adverfaries, he
bounded from thence up to the Tribunal. Here he extorted
from the Republic a mighty Sum of Money, which he hath
reduced to almofl: nothing. At prefent the royal Gold of Perfia
hath overflowed him, like an Inundation. (29) Yet even the
Gold
(29) To ^xTtXiKov ^^lkt/ov 67njc? - feems to preferve this Idea in the PafTage
aXvyie Trjv ^uTToivriV ccvri. Thus rendered before us, which might be literally tranf-
by the lad, and, beyond all Comparifon, ^^^^^^ '^^^ ^"^^ '^"^'^ overflowed his Ex-
the beft Edition of our Author, \His T^"^" ' '^'^<<"S'^ po H-ip^ our I^anguage
Affairs ivere at a low Ebb, till the Tide '^'" "? ^ ^^""^ ^^e Hardinefs of fuch an
cf the Perfian Exchequer flowed in. j Yet E^preffion. KAsoTrar^a rtq 'UXii^g
tTTmXv^u gives us, in general, an Idea s7riKXv. croia-c6 ttoXXu %fLi. o-^, cum magnam
of overflowing and Inundation, rather ""^'"^ ^>>ri in Eleos efudijfet, or as it might
than the Flux and Reflux of the Sea. It ^^ better rendered, Elees auro imaiJavifet.
4 1 ! ic
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? 3i8 ORATION OF ^SCHINES
Gold of Perfia is not fufficient to fupport his Extravagance.
No Treafures can fatiate a depraved Spirit. In fliort, he now
adually rublifts, not upon his own Revenues, but on your
Dangers. But with regard to his Probity and his Eloquence,
how hath Nature formed him ? Eminent for his Eloquence j
infamous in his Life. In his Intemperance of Proftitution, he
commits fuch Exceffes, as I am unwilling to mention ; becaule
I have fometinies obferved, that they, who have too curioufly
explained the Turpitude of others, have made themfelves the
Objefts of public Deteftation. Yet what Advantages to the
Republic from his Eloquence ? His Words indeed are excel-
lent j his Adtions vile and fcandalous.
Of his Courage, I have very little to remark. If he himfelf
denied, or you were not confcious of his being a Coward, it
might be neceffary to dwell fomewhat longer on the Proofs.
But fince he confeffes even in your Aflemblies, and you your-
felves are univerfally feniible of his Cowardice, it only remains,
that 1 recall to your Remembrance the 'Laws enad;ed againft
Cowards in general. Solon, your ancient Legiflator, thought
the fame Punifhment fhould beinflided upon him, whorefufed
to cnlif! : ; upon him, who deferted his Ranks, and upon the
natural Coward. There are Indidments for Cowardice. Al-
thouorh
The Word s'Tj-ncXhcroca-x is explained by mentioned, miglit be fiipported by the
e7rt^oi-]jiXevcra(rBi, KUToc^aXSc-oi, ^i<e in- Authority of the Italian. Nondime'io hcra
undavie. ^/a- largiter effudit. Sir id as. ^ damri del Rehanm coper to la ftui fpefa.
The litteral I-ng! ifh Tranflation, above-
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? AGAINST CTESIPHON. 319
though fome of you may wonder, there fhould be Profecutions
againft the Infirmities of Nature, yet there certainly are. Up-
on what Reafons are they founded ? Upon a View of render-
ing your Soldiers more afraid of the Penalties inflided by the
Laws, than of their Enemies, and thus compelling them to
fight with greater Ardour for their Country. The Lcgiflator
equally excludes from the facred Afperfions in the Temple, (30)
and from all civil Bufmefs in the Forum, the Man, who re-
fufes to cnlift, the natural Coward, and him, who deferts his
Rank in Battle. He does not fuffer them to be crowned ; he for-
bids them to approach the Sacrifices, inftituted in the Name of
the People. And doft thou, Ctefiphon, command us to crown,
whom the Laws forbid to be crowned ? Doft thou by Decree
invite into the Theatre, amidft the foleran Reprefentation of
our Tragedies, the Man, moft unworthy of fuch Honours ?
Invite into the Temple of Bacchus, the Man, who by his
Cowardice hath betrayed all our Temples ? But that I may
not make you wander from the Subje6l, only remember, when
he profefTes his Zeal for the Liberties of the People, to confider
not his Eloquence, but his Life; to mark with Attention not
what he ailerts himfelf to be, but what he really is. //
Since
(3c) ns^i^'^avTyi^iuv koc] T^g oiyoccii. fprinkled by the Priefts. This Cuftom
Qiiafi arcendus eflet ab omnibus con- is Hill prcferved by Roman CathoHcs,
grcfiibus, tarn fans, quam civilibus. who tell us, it was originally a JewiHi
Taylor. A Vefftl, filled with purified Ceremony: as if the Heathens would
or holy Water, was placed at the En- have taken their religious Ceremonies
trance of the Heathen Temples, with ^''om a People, whom they defpiJed and
which the Perfons, who went to worfhip, abhorred,
cither fprinkled themfclves, or were
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? 320 , ORATION OF i? ^ S C Fl I N E S
Since I have mentioned Crowns and Rewards, wliile I re-
coiled, I will here prophecy to you, Men of Athens, if you
do not reftrain this Profufion of Rewards, and tliefe Crowns
thus inconfiderately beftowed, neither will the Perfons, who
. are honoured by them, return you Thanks for the Favour, nor
will the Affairs of the Republic be betta- diredled. Becaufe
you can never make the vicious Citizen virtuous, but you may
throw the Virtuous into the laft Defpair. That thefe Refledi-
ons are juft, I imagine, I can prove by ftrong Arguments.
For if you were alked, whether the Commonwealth feems at
prefent in a more flourifhing Condition, than in the Days of
our Anceftors, you would unanimoufly confefs, in the Days
of our Anceftors. Were the People at that Time more vir-
tuous, than at prefent ? They were then more eminent in
Virtue, and now far more degenerate. Yet Rewards, and
Crowns, and Proclamations, and the Honour of being main-
tained at the public Expence, were they at that Time more
? numerous, than at prefent? Thefe honourary Rewards were
then mod rare, and even the Name of Virtue was held in
Efteem ; but now, like Veftments often cleaned, thofe Re-
^wards have loft their Luftre, and Crowns are given by a meer
Habitude of giving, not by Judgement or Difcernment. /
It feems therefore moft unaccountable, if we confider things
with Attention, that Rewards of Merit arc now more frequent,
and the Republic then more powerful ; that the People of Athens
are
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? AGAINST CTE SIPHON. 321
are now more degenerate, and were then more eminent for their
Virtue. I fhall endeavour to explain a Fa6t tlius extraordinary
Can you imagine, Athenians, that any Man either at the Fcf-
tival of Minerva, or the Olympic, or your other public Games,
in which Crowns are given to the Vidlors, would engage
in the feverer, athletic, Exercifes, if the Crown is beflowed,
not upon the moft deferving, but on him, who hath prac-
tifed upon your Votes ? No, certainly. At prefent, to fpeak
my own Sentiments, by the Rarity of the Contention and the
Dignity of the Prize; by the Glory and Immortality, arifmg
from the Vidlory ; there are many, who will with Ardour ex-
pofe themfelves to every Fatigue, fupport the greateft Miferies,
and even endanger their Lives. Imagine yourfelves there-
fore appointed Arbiters in this Contention of civil Virtue, and
then refledl, that if you beftow thefe Crowns upon the Few,
and moft deferving, as the Law diredls, you fhall have many
Competitors for the Prizes of Virtue. But if you gratify who-
ever defires them, or thofe who make ufe of Artifice and In-
trigue to gain them, you will corrupt even the Genius, that was
likely to merit them<<
I WOULD willingly explain to you more clearly the Truth of
thefe Obfervations. Tell me then, does Themiftocles, under
whofe Command you conquered the Perfian in the Sea-Fight
at Salamis, or this Deferter of his Rank at Chaeronea, appear
to you the more valuable Citizen ? But Miltiades, who gained
Vol. II, T t the
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? 022 ORATION OF iESCHINES
the Vidory over the Barbarians at Marathon, or this Demoft-
henes ? But the Leaders, who brought home the People, who
had fled to Phyle for Protedion from the thirty Tyrants ? But
Ariftides, furnamed the Juft; a Surname very different from
that of Demofthenes? -- (31) Yet, by all the Deities of O-
lymnus, I do not hold it fitting to mention this Monfter upon
the fame Day with thefe illuftrious Perfons. However let him
prove in his intended Oration, where it was ever decreed, that
any one of thefe great Men fhould be rewarded with a golden
Crown. (32) Was the People ungrateful? No; they were
of too generous a Spirit to be ungrateful. But the Perfons,
who were thus unhonoured, were they unworthy of the Re-
public ? No ; they did not imagine, their Virtues could be
honoured by Decrees or monumental Infcriptions, but by the
orateful Remembrance of their Fellow-Citizens, which even
to this Day continues immortal.
But fome Rewards they received, which deferve to be men-
tioned. At that diftinguiflied Period, in which our Generals^
having: with Fortitude fuftained innumerable Fatigues and Dan-
gers,
(31) A more temperate Orator would Original, will imagine the Words, wllh
himfelf have anfwered thefe violent Inter- a golden Crown, an unfaithful Addition
rogations, or have continued to the two to the Text. But either that Part of the
la(t his ^ Sto? , or this Demofthenes ? prefent Sentence, which mentions the
However, our ' temperate TranQators, Leaders, who brought home the People
excepting Wolfius, have taken Care to ^^0TM Phyle, fhould be totally omitted,
iupply this apparent Want of gramma- o"" ^e muft read ;^. f ucr^ re? '<<>>'^, becaufe
tical Exaftnefs. ^^ ^^'^ hereafter find them crowned with.
(32) The Reader, who confults the ^live. Doctor Markland,
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? AGAINST CTESIPHON. 323
gersj gained an important Vidtory over the Medcs, in a Battle
fought upon the Banks of the River Strymon, vvlien they return-
ed to Athens they foHcited the People for fome Reward. The
People granted them very fignal Honours, as Honours were then
eftimated, and permitted them to eredl three marble Statues of
Mercury in the Portico of his Temples, but forbad them to
infcribe upon them their own Names, that the Infcription might
be that of the People, not that of the Generals. You ITiall be
convinced by the Verfes themfelves ; for upon the firft of thele
Mercuries is the following Infcription.
Upon the Banks of Strymon's rapid Tide
Thefe Leaders firft the haughty Mede fubdued ;
With direful Famine quell'd their Tyrant's Pride,
And with the avenging Sword their flying War purfued.
Upon the Second.
This Monument a grateful People raife.
To Virtue and illuftrious Worth decreed ;
Here let our Sons behold their Fathers' Praife,
And for the public Weal with Ardour bleed. -
Upon the Third.
On that fam'd Coaft, where great Atrides bled,
Meneftheus our Athenian Forces led ;
A Chief renown'd, in Homer's facred Page,
To form the Battle, and diredt its Rage.
Thus fam'd in War has Athens ever {hone,
Yet made the various Arts of Peace her o\vn.
T t 2 Is
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? 324 ORATION OF iESCHINES
Is the Name of the Generals infcribed upon any of theie
Mercuries ? No ; that of the People. Approach therefore,
in Imagination, the Portico, for its Paintings called the various,
where you frequently aflemble, and where all the Monuments
of your memorable Adions are depofited. You afk, Athenians,
what I mean by fuch a Propofal ? There the Battle of Marathon
is painted. Who was the Commander in Chief upon that im-
portant Day ? You can all anfwer, Miltiades. Yet his Name
is not written upon the Pidlure. Wherefore ? Did he not
folicit this Reward ? He did folicit, and the People refufed it.
Yet inftead of his Name they permitted him to be drawn the
principal Figure in the Piece, and in an Attitude, that diftin-
guiflied him animating the Soldiers to their Duty. In the
Temple of the Mother of the Gods, near the Senate-Houfe, we
may ftill behold what Rewards you gave the Leaders, who
brought home the People from their Exile in Phyle. Archinus,,
one of thefe Leaders, propofed a Decree, and carried it without
Oppofition, in which he directed, that a thoufand Drachmas
fliould be given to the Perfons, whom he brought home from
Phyle, for Sacrifices and monumental Offerings to the Gods ;
the whole amounting to fomewhat lefs than ten Drachmas, each
Perfon. He then ordered, that they fhould be crowned with
an Olive, not a golden Crown. For in thofe Days a Crown
ol Olive was held in Honour, though now a golden one is de-
fpifed. Nor did he fuffer thefe Crowns to be given without dire
Caution, but direfled the Senate to enquire with their ftri^eft
Care
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? AGAINST CTE SIPHON. 325
Care how many Citizens had been befieged in Phyle, who had
bravely repulfed the Lacedemonians and the thirty Tyrants,
when they attacked that Fortrefs ; not how many had fled
from the Battle of Ch^ronea, upon the Approach of the Enemy,
To prove thefe AfTertions, the Decree fhall be read to you.
The Decree.
Now compare with this Decree, that which Ctefiphon pre-
ferred for crowning Demofthenes, this Author of all our great-
eft Misfortunes.
The Decree.
Bv this Decree the Honours given to thofe, who reftored you
to your Country are wholly defaced. If this be Matter of
Glory, that was full of Turpitude ; if they were juftly rewarded,
this Man is unworthy to be crowned.
But I am informed, Demofthenes will reply, that I deal
unjuftly with him, when I compare his Adions with thofe of
our Anceftors. He will objed:, that Philammon was not crown-
ed in the Olympic Games for vanquifliing Glaucus, the cele-
brated Champion of Antiquity, buthisownperfonal Antagonifts ;
as if we were ignorant, that the Conteft in thefe Games is in-
deed perfonal, but that when we afpire to the Crown of Virtue,
we contend with Virtue herfelf, for whofe fake we are crown-
ed : becaufe the Herald ftiould by no means utter a Falfehood,
when he makes a Proclamation in the Theatre before the gene-
ral
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? 326 ORATION OF ^SCHINES
ral Aflembly of Greece. Do not therefore, Demofthenes, re-
peatedly inform us how far your Adminiftration exceeded that
of Pataecion, but give us fome Inftance of your own manly
Virtue, and then demand thefe Favours from the People. But
that we may not wander too far from the Subjedt, the Secretary
fliall read you the Verfes infcribed to thofe, who reftored the
People to their Country.
Thefe honour'd Wreaths this ancient State beflows.
For when opprefs'd, enflav'd. She bow'd the Head j
Thefe Heroes in her facred Caufe arofe,
Her Chains were broken, and her Tyrants fled.
The Poet fays they were honoured for having deftroyed a Ty-
ranny, that violated the Laws of their Country.
For the A-
larm univerfally refounded through the Republic, (33) that the
Conftitution had been ruined by them, who had abolifhed the
Profecutions for propofing new Laws in Contradiction to thofe
already enabled. (34)
My
(^3) "EvavXav, an elegant, and un- oF Expreffion fo remarkable, H^erehat
common Metaphor. Eft autem meta- <<nm etiam turn in auribus at que ammis
phora llimpta ab iis, quibus poft tibiaruni omnium.
Ibnum aures adhuc perfonant. Id eft, (34) TaV_ y^>><p>>? rm '? rx^xvof*uv,
tiotum eft: el inculcatum auribus, ut tibiarum -^>> A? iion laid againft the Perfon, who
/onus. Palmer. // rang in our Ear 3^ propofed a new Law in Oppofition to an
like the Sound of a 'Trumpet, (if indeed "^'^- This Expreffion recurs ib frequent-
axiXog fignifies a Trumpet) would per- ly>> that the Tranflator, apprehenfive it
haps be too bold for a Tranflation. Of "^'S^^ become difguftful to his Readers,
all our Trannators Lambinus alone feems ''^^^ fometimes changed it for any Vio-
to have paid any Attention to a Manner ^'^^^"^ "^ ^^^ ^^^""^ '" general.
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? AGAINST CTESIPHON. 327
My Father, who died at ninety-five Years of Age, and who
had born a confiderable Share in all the DiftrefTcs of the Com-
monwealth ; has often at his Hours of Leifure informed me,
that as foon as the People had refumed the Government, when-
ever an Adlion was brought before the Judges for propofing
new Laws, the Crime appeared equally atrocious, as if they
violated the Laws, already enadled. For what is there more
execrable, than the Man, who either fpeaks or afts in Violation
of the Laws of his Country ? Very different was the Manner
then, as he informed me, of hearing thefe Caufes, from what
is in Prad;ice at prefent. The Judges were far more fevere a-
gainft the Criminals, than even the Accufer himfelf. They
frequently called back the Clerk, and commanded him to read
again and again the Laws, and the Decree, that propofed any
Alteration in them. Nor were they alone condemned, who
thus contradicted any one whole Law, but they, who altered
even a fingle Syllable. But the Procefs in fuch Caufes now is
abfolutely ridiculous. The Clerk reads the Decree, preferred
againft the Laws, while the Judges, as if they heard fome idle
Ballad, or perhaps a Caufe, in which they were wholly uncon-
cerned, engage their Attention to whatever is moft foreign to
the Pleadings. Thus by the Artifices of Demofthenes you
have admitted this fhameful Cuftom into your Courts of Juflice,
and all your judicial Proceedings are totally perverted. The
Prolecutor in Fact becomes Defendant ; the Criminal turns
Profecutor, and the Judges not feldom forget the Caufe, upon
I which.
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? 328 ORATION OF . ESCHINES
which they are to pronounce Judgement. They are therefore
of Neceflity compelled to give Sentence upon Points, which
liave not appeared to them in the Trial, and of which they
confequently cannot ftridlly be Judges. ^If the Criminal con-
defcends to touch upon the Merits of the Caufe, he does not
defend himfelf by proving, that he has not propofed an illegal
Decree, but that others, who have preferred Decrees equally con-
trary to the Laws, have efcaped unpunifhed. Upon this Plea,
I am told, that Ctefiphon is highly confident and affured.
Aristophon had once in your Aflembly the Effrontery to
glory in his having been tried upon feventy-five Indidlments for
illegal Decrees. Not fb the ancient Cephalus, efteemed the
moll zealous Defender of republican Principles. He gloried in
the very oppofite Condudl, when he declared he had written
more Decrees, than ever any other Citizen, and yet had never
been accufed of contradidling any Law. A juft, in my Opini-
on, and a laudable Boaft. For not only they, who had taken
different Parties in the Adminiftration, impeached each other,
but Friends then giccufed Friends, if they were guilty of any
thing injurious to the Republic. You will be convinced by
the following Jnftance. Archinus impeached Thralybulus for
having, in Contradidtion to an exprefs Law, decreed a Crown
to one of thofe, who returned with him from Phyle. Thraly-
bulus was condemned, however recent his good Services, which
his Judges very lightly regarded j becaufe they imagined, that
as
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? AGAINST CTE SIPHON. 329
as he had brought home the People from Phyle, (o he now
intended, by tliis violent Infringement of the Laws, to drive
them again out of their Country.
Not fuchi^ ourprefent Conduit. Indeed the very contrary
Pradice prevails. Your ableft Generals, and even the Perfons,
who are maintained for their fuperior Virtue at the public Ex-
pence, folicit you to pardon thefe Criminals, when they are
pfofecuted. You may with Juftice charge them with Ingratitude.
For if he, who hath been honoured in a democratical Govern-
ment ; in this Republic, which owes its Being to the Prote6lion
of the Gods, and a due Obfervance of the Laws, dares to pa-
tronize the Violators of thofe Laws, he fubverts that Polity,
from which he received his Honours. What Kind of Defence
therefore may a wife and equitable Citizen be allowed to make
in Favour of the Criminal ? I will inform you. The Day ot
Trial for thefe Caufes is divided into three Parts. The Iirfl; is
given to the Profecutor, to the Laws and the Conititution : the
fecond to the Defendant and his Advocates. It the Criminal be
not acquitted by your firfl Sentence, the third Part is appointed
for his Puniiliment, and the jufl Severity of your Indignation.
Whoever therefore in the Part allotted for his Punifliment in-
treats your Favour, only deprecates the yuilice of your In-
dignation ; but He, who folicits your Suffrages to acquit
the Criminal, folicits you to violate your Oath, to violate the
Laws, to violate the Conftitution. He folicits a Favour, which
Vol. IL U u it
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? 330 ORATION OF ^SCHINES
it is impious to aflc, and impious to grant. Order them
therefore to fufFer you to pronounce Judgement according to
your Laws, and let them then apply for a Mitigation of the
Punifhment. j
As for my own Opinion, Athenians, I could almoft declare,
that in Caufes, at lead of this Kind, you fliould exprefsly for-
bid the Ule of Advocates and Pleaders both to the Profecutor
and Defendant. Becaufe, Juftice is not vague and undeter-
mined. It is bounded by the ' Limits of your Laws. As in
Mechanics, when we defire to know whether a Line be ftraight
or crooked, we bring the Rule, by which they are diftinguifh-
ed ; fo in Trials of this Kind the Rule of Juftice is always
ready for the Proof ; I mean the Table of our Laws, by which
we may difcern the Difagreement between the Decree, and the
Laws it contradidts. If you can demonftrate, Ctefiphon, any
Agreement between them in the prefent Inftance, you may de-
fcend from the Tribunal. Wherefore is it neceffary to invoke
the Afli fiance of Demofthenes ? Yet when you tranfgrefs the
Bounds of a legal Defence, and call this Worker of Iniquity, this
Artificer of Words, to your AfTiftance, you fteal away our At-
tention, you wound the Republic, you fubvert its Democracy.
What Method fliall we End to efcape this Influence of
Words ? " I will inform you. When Ctefiphon comes forward
on the Tribunal, and pompoufly pronounces the Speech De-
cc
2 '^mofthenes
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? AGAINST CTESIPHON. 331
mofthenes hath made ; when he tedioufly confumes your Time,
nor offers one reafonable Argument in his Defence, defire him,
without Noife or Tumult to take this Table of our Laws, and
compare it with his own Decree. If he pretends not to hear
you, determine not to hear Him ; for you do not come hither
to liften to them, who would avoid an equitable Trial, but to
them, who are willing to rely upon the Juftice of their De-
fence. But if he irregularly refufes to plead his own Caufe,
and calls Demofthenes to his Aid, be greatly cautious of admit-
ting this Author of Mifchief, who prefumes, he fliall be able
by the meer Power of Words to fubvert your Laws. When
Cteliphon therefore defires your Leave to call Demofthenes, let
not any Man account it Matter of Merit, to be the firft, who
fhall clamoroufly repeat " Call him ; call him. " For you
call him againft yourfelves ; you call him againft the Laws ;
you call him againft your Democracy.
If however you think proper to hear him, at leafl: require of
him to make his Defence in the fame Order I have obferved in
his Accufation. But indeed (that I may engage you to recol-
le6l) what Order have I obferved in accufing him ? I neither
entered, at firft, into his private Life, nor mentioned his pub-
lic Offences, although I might furely find abundant Proofs a-
gainft him, if I be not of all Mankind the fimpleft. ^Eut I
firft laid before you the Laws, which exprefsly forbid Ctefi-
phon to crown the Citizen, who hath not been legally difcharg-
U u 2 ed
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? 332 ORATION OF ^SCHINES
ed from his Office by paffing his Accounts. I then convltfted
him of having decreed a Crown to Demofthenes, who was yet
accountable for his Employment, and even without giving any
fpecious Praetext for his Decree, or inferring the ufual Form,,
*' if he have paiTed his Accounts," but a6Hng through the
whole Affair with an abfolute Contempt both of you, and the
Laws. , I mentioned the Objections he would probably make,
and which I think well deferve to be remembered. I then
/ran over your Proclamation-Laws, in which it is pofitively de-
clared, that the Perfon, whom the People have honoured with
a Crown, fhall not be proclaimed except in their own Allem-
blies. Yet Ctefiphon hath not only violated the Laws them-
felves, but every Circumftance of Time and Place with Regard
to the Proclamation, when he commands it to be made in the
Theatre, not in your Aflembly ; not when the People are
affembling, but when the Tragedians are entering upon the
Stage. I afterwards made fome few Remarks upon his private.
Character, and iniifted more largely upon his public Crimes.
You fbould therefore in Juflice oblige Demofthenes to make
his Defence in the fame Order ; firft, with Regard to the Law,
that obliges Magiflrates to pafs their Accounts of Office ; next,
the Law, that regulates our Proclamations ; and laftly, which
is the capital Article, let him diiprove his being unworthy of
any Reward. If he fhould intreat you to comply with his own
Arrangement of his Oration, and promife at the End of his
Apology
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? AGAINST CTESIPHON. 22>Z
Apology to clear himfelf from the Charge of violating the
Laws, do not comply. Be mod: aflured it is an Artifice to
impofe upon the Court. He never will attempt to vindicate
himfelf from this Charge, and having nothing valid or honefl: to
urge in his Defence, he will engage you, by introducing what-
ever is mod foreign to the Purpofe, to forget the real State of
this Profecution. As therefore in our gymnaftic Exercifes you
behold the Wredlers mutually drugling for Advantage of the
Ground, fo fhould you, as Wreftlcrs for your Country, contend
with him, even the whole Day, for this Advantage of Order.
Suffer him not to wander beyond the Bounds of the Article,
that charges him with the Violation of our Lawsj but fixed
and unmoveable in your Attention compel him, drive him into
the Proofs of his Defence, and heedfully guard all the Windings
of his Difcourfe, by which he intends to efcape. (35)
What Confequences will attend any other Manner of Proceed-
ing, I think myfelf in Juftice bound to foretell. Ctefiphon
will violently introduce this Impodor ; this public Spoiler; this
Deftroyer of our Polity ; who weeps more eafily, than others
laugh, and of all Mankind perjures himfelf with greateft Dex-
terity. Nor fhould I greatly wonder, if he fliould change his
ufual
(35) All the Terms of this Sentence, conjeftural Reading propofed by Doftor
\yKxB-/j^B)/oi, ivs^piuovTig, tiTeXxvvsTe, Markland, ittyiXauvers ng rig th Tr^ay-
eKT^OTTccg, ftrongly exprefs the Ideas of fjcxrog o^ovg, which, befides the Autho-
driving a wild Beaft into the Toils, al- rity of the Italian Trandator quoted by
though not yet underftood in that Senfe Dodor Taylor, is fupported by Du Vair,
by our Tranflators. They likewife add Ne fermettez point qti'il forte hors de:
much Probability to a very ingenious termes de la trangrejjion d:s loix. .
8
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? ORATION OF iESCHINES
334
ufual Arts of Tears and Perjuries into Calumnies againft our
Audience, and affert, that the Patrons of Oligarchy ; its avow-
ed, acknowledged Patrons, appear in Favour of the Profecutor,
while they, who are zealous for a popular Government, fupport
the accufed. To thefe AlTertions, intended only to divide the
People into Parties and Fadions, return this Anfwer, " If the
" Perfons, who brought home our Citizens from Phyle, had
^' refembled you, Demofthenes, this democratical Form of
*' Government had never been eftablifhed. But they, amidil
<<' the moft dangerous Conjunctures, preferved the Republic by
*' proclaiming that noblefl Sentiment of Wifdom and Huma-
*' nity, A general Indemnity for all past Offences.
*' But you tear open the Wounds of your Country, and are more
*' anxious for the Succefs of thefe your daily Declamations,
" than for the Safety of the Commonwealth. "
But when this common Perjurer fhall fly for Refuge to that
Credit generally given to Oaths, defire him to recolledl, that He,
who often perjures himfelf, yet ftill demands to be believed upon
his Oath, fliould undoubtedly have (what undoubtedly Demoft-
henes hath not) either new Gods, or not the fame Audience.
With Regard to his Tears, and that pathetic Tone of Voice,
when he fhall afk you with repeated Vehemence, " Whither
" fhall I fly, Athenians, if you banifh me from this Republic ?
" There is not whither I may diredt my Flight;" objedt in
your Turn, " But the People of Athens ; whither fhall They
'' fly,
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? AGAINST CTESIPHON. 2S5
*' fly, Demofthenes ? To what military Strength of their Al-
" lies? To what Treafurcs ? What Defence have you pro-
" vided for them during your Adminiflration ? How very
" wifely you have confulted your own Safety, we all behold.
" For although you have left Athens, (36) you do not really
" live, as you pretend, in the Pyrseum, but have taken your
" Refidence in that Harbour, for your more eafy Efcape from
" the Vengeance of the Republic. Neither are we ignorant,
** what ample Provifion you have made for your Cowardice
" during your Voyage, in Perfian Gold, and the Treafures,.
" of which you have plundered your Country. "
But indeed why thefe Tears ? Wherefore this Clamour ?
Why this vehement Tone of Voice? Is not Ctefiphon the
Perfon indicHied ? Is not his Fine yet undetermined ? (3 7) Nei-
ther your Fortune, your Life, or Reputation are interefted in
the Trial. But really for what is he thus extremely felicitous ?
For Crowns of Gold, and Proclamations in the Theatre, in di-
red: Violation of our Laws. If the People either abfolutely
frantick, or totally forgetting the prefent unhappy Situation of
their
(^6) It feems Demofthenes had left let us endeavour to give the general Senfe
his ufual Dw'elling in the City, and gone of it, as underftnod by Heraldus, quoted
to live in the Pyrsum -- Front v. -hence by Doclor Taylor. Is net this Lid:Sl-
tberefcre thefe Tears, thefe pathetic Ex- ment one of thofe, in which the Penalty or
ctamaticns upon the Apprehenfion of being Fine is not determined by our Lazvs, and
bani/hed ? You have already left your confeqiiently not to he exaHed with Rigour ?
Country. Tou are ? preparing to fly from is it not finally to be decided by our Judges,
ber for ever. "jaith whom Inter efl and Compaffion may
{ly) Inflead of engaging in the Dif- prevail to moderate the Severity of their
putes of the Learned upon this Paffige, Sentence ?
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? 336 ORATION OF . ^ S C H I N E S
their Country, could at fucli an unfeafonable Time confent to
lionour him with this Grown, it were his Duty to come into the
Afiembly and declare, '' Men of Athens, I receivi, this Crov/n
" with Gratitude, but I cannot approve of the Time, in which
" it is proclaimed. For it were moft unfit, that the Calami-
"" ties, which the Commonwealth has lam.
