oppofed the execution of fo unjust a condemnation. All the favour fhewn to this preferver of his country, was to have the fentence of death commuted into a penalty of fifty talents, or fifty thousand crowns French money, being the fum to which the expences of the fleet, that had been equipped upon his folicitation and advice, amounted. Not being rich enough to pay this fum, he was put into prifon, where he died of the wound he had received at Paros. Cimon, his fon, who was at this time very young, fignalized his piety on this occafion, as we fhall find in the fequel he did his courage afterwards. He purchafed the permiffion of burying his father's body, by paying the fine of fifty thoufand crowns, in which he had been condemned; which fum the young man raifed, as well as he could, by the affiftance of his friends and relations.

Cornelius Nepos obferves, that what chiefly induced the Athenians to act in this manner, with regard to Miltiades, was only his merit and great reputation, which made the people, who were but lately delivered from the yoke of flavery under Pififtratus, apprehend, that Miltiades, who had been tyrant before in the Cherfonefus, might affect the fame at Athens.

They therefore chofe rather to punish an innocent perfon, than to be under perpetual apprehenfions of him. To this fame principle was the inftitution of the oftracifm at Athens Owing (r) I have elsewhere given an account of the most plaufible reafons, upon which the oftracifm could be founded: But I do not fee how we can fully juftify fo frange a policy, to which all merit becomes fufpected, and virtue itfelf appears

'criminal.

(s) This appears plainly in the banishment of Ariflides. His inviolable attachment to juftice obliged him on many occafions to oppofe Themistocles, who did not pique himself upon his delicacy in that refpe&t, and who fpared no intrigues and cabals to engage the fuffrages of the people, for removing a rival who always oppofed his ambitious defigns. This is a ftrange inftance, that a perfon may be fuperior in merit and virtue, without being fo in credit. The impetuous eloquence of Themistocles bore down the juftice of Ariftides, and occafioned his banishment. In this kind of trial the citizens gave their fuffrages by writing the name of the accufed perfon upon a fhell,

(r) Man. d'Etud. Tom. iii. p. 407. Hæc populus refpiciens maluit eum innocentem ple&ti, quàm fe diutius effe in timore.

In his conitum eft, quanto an. tiftaret eloquentia innocentiæ. Quanquam enim adeo excellebat Aristides

(1) Plut. in Arift. p. 322, 323abftinentia, ut unus poft hominum memoriam, quod quidem nos audierimus, cognomine Jufus fit appellatus; tamen à Themistocle collabefaétus teftulâ illâ exilio decem annorum multatus eft. Cor. Neg. in Ariff.

fhell, called in Greek pavov, from whence came the term of tracifm. On this occafion, a peafant, who could not write, and did not know Ariftides, applied to himself, and defired him to put the name of Ariftides upon his hell." Has he "done you any wrong," faid Ariftides, "that you are for condemning him in this manner ?" "No," replied the other, "I do not fo much as know him; but I am quite tired

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and angry with hearing every body call him the Juft." Ariftides, without faying a word more, calmly took the fhell, wrote his own name in it, and returned it. He fet out for his banishment, imploring the gods that no accident might befall his country to make it regret him. The great Camillus, in a like cafe, did not imitate his generofity, and prayed to a quite different effect, defiring the gods to force his ungrateful country by fome misfortune to have occafion for his aid, and recall him as foon as poffible.

(1) O happy republick, cries out Valerius Maximus, fpeaking of Ariftides's banishment, which after having fo bafely treated the moft virtuous man it ever produced, has still been able to find citizens zealously and faithfully attached to her Service! Felices Athenas, quæ poft illius exilium invenire aliquem: aut virum bonum, aut amantem fui civem potuerunt; cum quo tune ipfa fanétitas migravit !

SECT. VIII, DARIUS refolves to make war in perfon against EGYPT and against GREECE: Is prevented by death. Difpute between two of his fons, concerning the fucceffion to the crown. XERXES is chofen king.

(4) WHEN Darius received the news of the defeat of

army at Marathon, he was violently enraged; and that bad fuccefs was fo far from difcouraging or diverting. him from carrying on the war against Greece, that it only ferved to animate him to purfue it with the greater vigour, in order to be revenged at the fame time for the burning of Sardis, and for the difhonour incurred at Marathon. Being thus determined to march in perfon with all his forces, he dispatched orders to all his fubjects in the feveral provinces of his empire to arm themselves for this expedition.

After having spent three years in making the neceffary preparations, he had another war to carry on, occafioned by the revolt

(t) Val. Max. l. v. c. 3.

(u) Herod. 1. vii. c. 1.

• In exilium abiit, precatus ab diis rium fui civitati ingratiæ faceruntė immortalibus, fi exilio fibi ea injuria | Liv. l. v. n. 32. Geret, primo quoque tempore defide

revolt of Egypt. It feems from what we read in (x) Diodorus Siculus, that Darius went thither himself to quell it, and that he fucceeded. The hiftorian relates, that upon this prince's defiring to have his ftatue placed before that of Sefoftris, the chief priest of the Egyptians told him, he had not yet equalled the glory of that conqueror; and that the king, without being offended at the Egyptian prieft's freedom, made anfwer, that he would endeavour to furpafs it. Diodorus adds farther, that Darius, detefting the impious cruelty which his predeceffor Cambyfes had exercifed in that country, expreffed great reve rence for their gods and temples; that he had feveral converfations with the Egyptian priefts upon matters of religion and government; and that having learnt of them, with what gentlenefs their ancient kings ufed to treat their fubjects, he endeavoured, after his return into Perfia, to form himself upon. their model. But (y) Herodotus, more worthy of belief in this particular than Diodorus, only obferves, that this prince refolving at once to chaflife his revolted fubjects, and to be avenged of his ancient enemies, determined to make war against both at the fame time, and to attack Greece in perfon with the grofs of his army, whilft the reft of it was employed in the reduction of Egypt.

(x) According to an ancient cuftom among the Perfians, their king was not allowed to go to war, without having first named the perfon that should fucceed him in the throne ; a cuftom wifely established to prevent the state's being expofed to the troubles, which generally attend the uncertainty of a fucceffor; to the inconveniencies of anarchy, and to the ca bals of various pretenders. Darius, before he undertook his expedition against Greece, thought himfelf the more obliged. to obferve this rule, as he was already advanced in years, and as there was a difference between two of his fons, upon the point of fucceeding to the empire; which difference might occafion a civil war after his death, if he left it undetermined. Darius had three fons by his first wife, the daughter of Gobryas, all three born before their father came to the crown'; and four more by Atoffa, the daughter of Cyrus, who were all born after their father's acceffion to the throne; Artabazanes, called by Juftin Artemenes, was the eldest of the former, and Xerxes of the latter. Artabazanes alledged in his own behalf, that, as he was the eldest of all the brothers, the right of fueceffion, according to the cuftom and practice of all nations, belonged to him preferably to all the reft. Xerxes's argument was, that as he was the fon of Darius by Atoffa, the daughter of

(*) Lib. i. p. 542.850 (y) Lib. vi. c. 2.

(≈) Ibid, ca. 2, 3+

of Cyrus, who founded the Perfian empire, it was more jutt that the crown of Cyrus fhould devolve upon one of his defcendants, than upon one that was not. Demaratus, the Spartan king, unjustly depofed by his fubjects, and at that time in exile at the court of Perfia, fecretly fuggefted to Xerxes another argument to fupport his pretenfions: That Artabazanes was indeed the eldest son of Darius, but he, Xerxes, was the eldeft fon of the king; and therefore, Artabazanes being born when his father was but a private perfon, all he could pretend to, on account of his feniority, was only to inherit his private estate; but that he, Xerxes, being the first born son of the king, had the beft right to fucceed to the crown. He further fupported this argument by the example of the Lacedæmonians, who admitted none to inherit the kingdom, but thofe children that were born after their father's acceffion. The right of fucceeding was accordingly determined in favour of Xerxes.

* Justin (a) and Plutarch place this difpute after Darius's decease. They both take notice of the prudent conduct of thefe two brothers on fo nice an occafion. According to their manner of relating this fact, Artabazanes was abfent when the king died; and Xerxes immediately affumed all the marks, and exercised all the functions of the fovereignty. But upon his brother's returning home, he quitted the diadem and the tiara, which he wore in fuch a manner as only fuited the king, went out to meet him, and fhewed him all imaginable respect. They agreed to make their uncle Artabanes the arbitrator of their difference, and without any further appeal, to acquiefce in his decifion. All the while this dispute lafted, the two brothers fhewed one another all the demonstrations of a truly fraternal friendship, by keeping up a continual intercourfe of prefents and entertainments, from whence their mutual efteem and confidence for each other banished all their fears and fuf. picions on both fides; and introduced an unconstrained chearfulness, and a perfect fecurity. This is a fpectacle, fays Juftin, highly worthy of our admiration: To fee, whilst most brothers are at daggers-drawing with one another about a small patrimony, with what moderation and temper both waited for a decifion, which was to difpofe of the greateft empire then in the universe. When Artabanes gave judgment in favour of Xerxes,

(a) Justin. 1. ii. c. 1o. Adeo fraterna contentio fuit, ut nec victor infultaverit, nec victus doluerit; ipfoque litis tempore invicem munera miferint; jucunda quoque inter fe non folum, fed crecula convivia

Plut. de frat. amore, p. 448.

habuerint: judicium quoque ipfum fine arbitris, fine convitio fuerit. Tanto moderatiùs tum fratres inter fe regna maxima dividebant, quam nunc exigua patrimonia partiuntur, Justin.