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4 men who have set aside the lawful processes of the courts, and carry their verdicts in the assembly by appeal to passion.The popular leaders, confident in their ability to carry the popular assembly by appeal to the passions of the masses, bring cases there in the form of impeachments, etc., which ought to go to the courts, to be decided under the laws. The result of all this is that we have ceased to hear that wisest and most judicious of all the proclamations to which the city was once accustomed, Who of the men above fifty years of age wishes to address the people, and then who of the other Athenians in turn. The disorder of the public men can no longer be controlled by the laws, nor by the prytanes, nor by the presiding officers, nor by the presiding tribe, the tenth part of the city.See Aeschin. 1.33 and note.

5 Under such circumstances, and in a political situation the gravity of which you yourselves understand, only one part of the constitution is left to us—if I too may lay claim to some discernment—the suits against illegal motions. But if you shall annul these also, or give way to those who are trying to annul them, I warn you that before you know it you will step by step have surrendered your rights to a faction.

6 There are, as you know, fellow-citizens, three forms of government in the world tyranny, oligarchy, and democracy. Tyrannies and oligarchies are administered according to the tempers of their lords, but democratic states according to their own established laws. Let no man among you forget this, but let each bear distinctly in mind that when he enters a court-room to sit as juror in a suit against an illegal motion, on that day he is to cast his vote for or against his own freedom of speech. This is why the lawgiver placed first in the jurors’ oath these words, I will vote according to the laws. For he well knew that if the laws are faithfully upheld for the state, the democracy also is preserved.

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