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The Emperor seeing him in this condition did not employ any harsh reproaches, which Flavian might naturally expect. He did not say to him: What are you come to crave pardon for rebels, for ungrateful wretches, for a people unworthy of life, and who merit the fevereft punishments ? But affuming a soft tone of voice, he made a long enumeration of all the good offices he had done the city of Antioch; and upon mentioning every one of those favours, he adds: Is this the acknowledgment I was to expect? What cause of complaint had its citizens against me? What injury had I done them? But why should they extend their insolence even to the dead ? Had they received any wrong from them? What tenderness did I not Thew for their city? Is it not notorious, that I loved it more than my own country, and that it gave me the greatest pleasure to think I should soon be in a condition of taking a journey to see it?

Then the holy bishop, being unable to bear such moving reproaches any longer, fays with deep fighs : It is true, Sir, the goodness you have vouchsafed us could not be carried higher, which enhances our crime and our grief: whatever punishment you may inflict upon us, it will still fall short of what we deserve, Alas! our present condition is no common degree of punishment; to have the whole earth know our ingratitude!

If the barbarians bad demolished our city, it would still have had a resource and some hopes, whilft it had you for a protector. But to whom shall it now have recourse, since it has made itself unworthy of your protection?

The envy of the devil, jealous of her happiness, has plunged her in:o this abyss of evils out of which you alone can extricate her. I dare say it, Sir, it is your very affection that has brought them upon us, by exciting the jealousy of that wicked spirit against us. But, like God himself, you may draw infinite good out of the evil which Satan intended against us.

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Your clemency on this occafion will be more honourable to you than your most celebrated victories. Your statues have been thrown down. If you pardon this crime, we will raise others in your honour, not of marble or brass, which time destroys, but such as will exist eternally in the hearts of all those who fhall hear of this action,

He afterwards proposed the example of Constantine to him, who being importuned by his courtiers to display his vengeance on some feditious people that had disfigured his statues, by throwing stones at them, did nothing more than stroke his face with his hand, and told them smiling, that he did not feel himself hurt.

He fets before him his own clemency, and puts him in mind of one of his own laws, in which, after having ordered the prisons to be opened, and the criminals to be pardoned at the feast of Easter, he added this memorable saying ; Would to God, I were able in the same manner to open the graves, and restore the dend to life! That time is come, Sir, you can now do it, &c.

He makes the honour of religion concerned in this affair. All the Jews and Heathens, says he, have their eyes upon you, and are waiting for the sentence you will pronounce. If it is favourable to us, they will be filled with admiration, and cry out, Surely the God of the Christians must be very powerful ! He checks the anger of those who acknowledge no måster upon earth, and can transform men into angels.

After he had answered the objection that might be made with regard to the unhappy consequences which were to be feared, if this crime should escape with impunity ; and likewise demonstrated, that Thecdo. fius by such a rare example of clemency might edify the whole earth, and initruct all future ages, he proceeds thus :

It will be infinitely glorious for you, Sir, to have granted this pardon at the request of a minister of the

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Lord; Lord; and mankind will fee that without considering the unworthinefs of the ambassador, you respected nothing in him but the power of the Master who sent him.

For it is not only in the name of the inhabitants of Antioch that I appear in this place, I am come from the sovereign Lord of men and angels to declare to you, that if you pardon men their faults, the heavenly Father will pardon yours.

Call to mind, great Prince, that tremendous day, when you will appear before the King of Kings, to give an account of your actions. You are going to pronounce your own sentence. Other ambassadors use to display magnificent presents before the Princes to whom they were. fent: as for me, I offer nothing to your Majesty but the holy book of the Gospels; and I dare exhort you to imitate your Master, who does good every day to those who insult him.

He at length concludes his discourse, by assuring the Emperor, that if he refused that unfortunate city the pardon fhe sued for, he would never return to it, nor ever consider that city as his country, which the mildest Prince upon earth looks upon with indignation, and could not prevail with himself to pardon.

Theodofius was not able to resist the force of this speech. He could scarce suppress his tears, and diffembling the emotion he was in, as much as possible, he spoke these words to the Patriarch: If Jesus Chrift, God as he is, was willing to pardon the men who cru. cified him, ought I to make any difficulty to pardon my subjects who have offended me, I who am but a mortal man like them, and a servant of the same Mafter? Upon this Flavian prostrated himself, wifhing him all the prosperity he deserved for this noble action. And as that prelate expresied a desire of pafsing the feast of Easter at Constantinople : Go, father, says Theodofius, embracing him, and do not delay one moment the consolation which your people will receive by your return, and the assurances you

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will give of the pardon I grant them. I know they are still grieved and afraid. Go then, and carry the pardon of their crime for the feast of Easter. Pray that God may bless my arms, and be assured, that after this war I will go in person and comfort the city of Antioch.

The holy prelate set out immediately; and to haften the joy of the citizens, he dispatched a more expeditious courier 'than himself, who freed the city from it's uneasiness and alarms,

I once more beg pardon for the length of this kind of digression. I imagined, that the extract of this eloquent homily might be as useful to youth, as any passage in profane authors. There would be room for many reflections, especially on two characters, which though seemingly incompatible are united, however, in Flavian's oration ; the humility and prostrate submission of a suppliant, with the magnificence and greatness of a bishop, but which are so modified, that they mutually support each other. We at first behold the bishop trembling, intreating, and, as it were, lying down at the Emperor's feet. But afterwards, towards the end of the discourse, he appears invested with all the splendor and majesty of the Lord, whose minister he is. He commands, he threatens, he intimidates; but still humble in his elevation. But I will content inyself with the reflection which arises naturally from the subject that gave me occafion to relate this story. In my opinion these two discourses of Flavian and Theodosius may be proposed as an excellent model in this species of mild and tender paffions. I do not pretend thereby to exclude the strong and violent ones with which they are sometimes blended ; but, if I am not mistaken, the former are predominant.

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VOL. II.

K

SECTION

SECTION III.
OF THE ELOQUENCE OF THE BAR.
HE rules I have hitherto given upon eloquence,

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Quintilian, who applied themselves chiefly in forming orators for the bar, might be sufficient for such young gentlemen as are designed for that honourable profession. I thought however that I was obliged to add some more particular reflections, which may serve them as guides, to point out to them the paths they are to follow. I shall first examine what models must be proposed to form the Atile fuitable to the bar, and will afterwards speak of the means which youth may employ, to prepare themselves for pleading. And I shall conclude with collecting some of Quintilian's finest observations upon the manners and character of pleaders.

ARTICLE FIRS T.
Of the model of Eloquence proper for the Bar.
H

number of able orators, who for some years have made the French bar so famous, and of those who still appear at it with so much lustre, we thould be able to find in them certain rules and perfect models of eloquence. But the few performances we have of this kind oblige us to have recourse to the source itself; and to search in Athens and Rome for those things which the modesty of our orators (perhaps excessive in this respect) does not permit us to find at home.

Demosthenes and Cicero, by the consent of all ages and of all the learned, have been the most distinguished for the eloquence of the bar ; and consequently their stile may be proposed to youth, as a model they may safely imitate. It would be necessary, for that purpose, to make them well acquainted with it, to be careful in observing the character, and to make them sensible of the differences in it ; but this

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