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The Public Orations of Demosthenes, volume 2

Demosthenes · c. 341 BCE (delivered early in spring; speech contents refer to campaign of 342–341) primary

passage 28 of 113 · (28/89)

in brief
Demosthenes begins his legal address, praying for goodwill from the gods and insisting jurors listen to both sides fairly, while explaining his disadvantages in an invective-driven hearing.

to Athens (§§ 306-13). (4) Reply to the comparison of Demosthenes with the men of old, by a final comparison of the two orators (§§ 314-23). (5) Peroration (§ 324).]

{1} I pray first, men of Athens, to every god and goddess, that the goodwill, which I ever feel towards this city and towards all of you, may in equal measure be vouchsafed to me by you at this present trial: and secondly--a prayer which especially touches yourselves, your consciences, and your reputation--that the gods may put it into your minds not to take counsel of my adversary[n] in regard to the spirit in which you ought to hear me (for that would surely be a cruel thing), {2} but of the laws and of your oath; wherein besides all other precepts of justice, this also is written--that you shall listen to both sides with a like mind. And this means, not only that you should have formed no prejudice, and should accord equal goodwill to each, but also that you should give leave to every man who pleads before you to adopt that order, and make that defence, upon which he has resolved and fixed his choice.

{3} I am in many respects at a disadvantage in the present controversy, as compared with Aeschines; and particularly, men of Athens, in two points of importance. The first is that I am not contending for the same stake as he. It is not the same thing for me to lose your goodwill now, as it is for him to fail to win his case; since for me--but I would say nothing unpleasant [n]* at the opening of my address--I say only that Aeschines can well afford to risk this attack upon me. The second disadvantage lies in the natural and universal tendency of mankind to hear invective and denunciation with pleasure, and to be offended with those who praise themselves. {4} And of the two courses in question, that which contributes to men's pleasure has been given to Aeschines, and that which annoys (I may say) every one is left for me. If, to avoid giving such annoyance, I say nothing of all that I myself have done, it will be thought that I am unable to clear myself of the charges against me, or to show the grounds upon which I claim to deserve distinction. If, on the other hand, I proceed to speak of my past acts and my political life, I shall often be compelled to speak of myself. I will endeavour, then, to do this as modestly as possible; and for all that the necessities of the case compel me to say, the blame must in fairness be borne by the prosecutor, who initiated a trial of such a kind as this.

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topics: courts, trials, and pleading · justice as a virtue · the nature and attributes of God

The Public Orations of Demosthenes, volume 2 · Demosthenes · 341 BCE