proprietors, as to render them more tenacious of public faith, than prudence, policy, or even juftice, strictly speaking, requires. And perhaps too, our foreign enemies may be fo politic as to discover, that our fafety lies in defpair, and may not, therefore, fhow the danger, open and barefaced, till it be inevitable. The balance of power in EUROPE, our grandfathers, our fathers, and we, have all deemed too unequal to be preferved without our attention and affiftance. But our children, weary of the struggle, and fettered with incumbrances, may fit down fecure, and fee their neighbours oppreffed and conquered; till, at laft, they themselves and their creditors lie both at the mercy of the conqueror. And this may properly enough be denominated the violent death of our public credit.

These seem to be the events, which are not very remote, and which reason forefees as clearly almost as she can do any thing that lies in the womb of time. And though the ancients maintained, that, in order to reach the gift of prophecy, a certain divine fury or madness was requisite, one may fafely affirm, that, in order to deliver fuch prophecies as these, no more is neceffary than merely to be in one's senses, free from the influence of popular madnefs and delufion.

ESSAY X.

Of SOME REMARKABLE CUSTOMS.

SHALL obferve three remarkable cuftoms in three celebrated governments; and fhall conclude from the whole, that all general maxims in politics ought to be established with great caution; and that irregular and extraordinary appearances are frequently difcovered in the moral, as well as in the phyfical world. The former, perhaps, we can better account for, after they happen, from springs and principles, of which every one has, within himself, or from obfervation, the strongest affurance and conviction: But it is often fully as impoffible for human prudence, before-hand, to forefee and foretel them.

I. One would think it essential to every supreme council or affembly, which debates, that entire liberty of fpeech fhould be granted to every member, and that all motions or reafonings should be received, which can any wife tend to illuftrate the point under deliberation. One would conclude, with ftill greater affurance, that, after a motion was made, which was voted and approved by that affembly in which the legislative power is lodged, the member who made the motion must for ever be exempted from future trial or enquiry. But no political maxim can, at firft fight, appear more undifputable, than

that he muft, at leaft, be fecured from all inferior jurifdiction; and that nothing lefs than the fame fupreme legiflative affembly, in their fubfequent meetings, could make him accountable for thofe motions and harangues, to which they had before given their approbation. But thefe axioms, however irrefragable they may appear, have all failed in the ATHENIAN government, from causes and principles too, which appear almost inevitable.

By the papn apavouwv, or indictment of illegality, (though it has not been remarked by antiquaries or commentators) any man was tried and punished in a common court of judicature, for any law which had passed upon his motion, in the affembly of the people, if that law appeared to the court unjuft, or prejudicial to the public. Thus DEMOSTHENES, finding that fhip-money was levied irregularly, and that the poor bore the fame burden as the rich in equipping the gallies, corrected this inequality by a very useful law, which proportioned expence to the revenue and income of each individual. He moved for this law in the affembly; he proved its advantages; he convinced the people, the only legislature in ATHENS; the law paffed, and was carried into execution: Yet was he tried in a criminal court for that law, upon the complaint of the rich, who refented the alteration that he had introduced into the finances +. He was indeed acquitted, upon proving anew the usefulness of his law.

the

CTESIPHON moved in the affembly of the people, that particular honours fhould be conferred on DEMOSTHENES, as on a citizen affectionate and useful to the commonwealth: The people, convinced of this truth,

* His harangue for it is fill extant; περι Συμμορίας.

+ Pio CTESIPHONTI.

voted those honours: Yet was CTESIPHON tried by the Ypan wapavoμwv. It was afferted, among other topics, that DEMOSTHENES was not a good citizen, nor affectionate to the commonwealth: And the orator was called upon to defend his friend, and confequently himfelf; which he executed by that fublime piece of eloquence, that has ever fince been the admiration of mankind.

After the battle of CHARONEA, a law was paffed upon the motion of HYPERIDES, giving liberty to flaves, and inrolling them in the troops *. On account of this law, the orator was afterwards tried by the indictment above mentioned, and defended himself, among other topics, by that ftroke celebrated by PLUTARCH and LONGINUS. It was not I, said he, that moved for this law: It was the neceffities of war; it was the battle of CHERONEA. The orations of DEMOSTHENES abound with many instances of trials of this nature, and prove clearly, that nothing was more commonly practised.

The ATHENIAN Democracy was fuch a tumultuous government as we can scarcely form a notion of in the present age of the world. The whole collective body of the people voted in every law, without any limitation of property, without any diftinction of rank, without controul from any magiftracy or fenate +; and confequently without regard to order, juftice, or prudence. The ATHENIANS foon became fenfible of the mischiefs

*PLUTARCHUS in vita decem oratorum. DEMOSTHENES gives a dif ferent account of this law. Contra ARISTOGITON. orat. II. He says, that its purport was, to render the arika smitif, or to restore the privilege of bearing offices in those who had been declared incapable. Perhaps thete were both claufes of the fame law.

† The fenate of the Bean was only a lefs numerous mob, chosen by lot from among the people; and their authority was not great.