draw forth arguments ready prepared; yet it shows a slow- ness of mind to pursue the rivulets, instead of seeking for the fountain-head; and it becomes our age and experience to derive what we want to know from the source, and to ascer- tain the spring from which everything proceeds.
" But that first kind of matters which are brought before the oratorj ought to be the eonatant subject of our contem- plation for general practice in affairs of that nature. For in support of deeds and against them, for and against evidence, for and against examinations by torture, and in other sub- jects of that sort, we usually speak either of each kind in general and abstractedly, or as confined to particular occa- aioQS, persons, and causes; and such common-places (I speak to you, Cotta and Sulpicius) you ought to keep ready and prepared with much study and meditation. It would occupy too much time at present to show by what means we should confirm or invalidate testimony, deeds, and examinations. These matters are all to be atttuned with a moderate share of capacity, though with very great practice; and they require art and instruction only so far, as they should bo I DE OaiTOBf!; OR, I DE OaiTOBf!; OR, iUufitrated with certain. embQlliahmeuta of languagti. So also thoHs ■ft-hieh are of the other kind, and which proceed whoHy from the orator, are not difficult of inveiitioB, but require perspicuous and coiTect espoaition. As these two things, therefore, are the objects of our inquiry in causes, first, nhat Ve shall say, and next, how we shall say it; the former, which eeeme to be wholly concerned with art, though it does indeed require some art, is yet an affeir of but ordinary un- derstanding, namely, to see what ought to be saidj the lattec is the department in which the divine power and excellence of the orator is seen; I mean in delivering what is to be said with elegance, copiousness, and variety of language.
XXVIII. '■ The former part,^ then, since you have onoe declared it to be your pleasure, I will not refuse to finish off and complete, (how far I shall succeed you will beat judge,) and shall show from what topics a speech must be furnished in order to effect these three objects wiiich alone have power to persuade; namely, that the minds of the audience be con- ciluUsd, informed, and moved, for these are the three; but how they ^ould be illustrated, there is one present who can instruct us all; one who first introduced this excellence into our practice, who principally improved it, who alone haa brought it to perfection. ' For I think, Catulus, {and I will aay this without any dread of a suspicion of flattery,) that there is no orator, at all more eminent than ordinary, either Grecian, or Roman, that our age has produced, whom I have not heard often and atteutivoly; and, therefore, if there is any abiUty in me, (as I may now presume to hope, since you, men of such talents, take so much trouble in giving me audience,) it arises ih)m this, that no orator ever delivered anything in my hearing, which did not sink deeply into my memory; and I, such as I am, and as lar as I have capacity to form a judgment, having heard all orators, without any hesitation decide and pronounce this. That none of them all had so many and such esceUent accomplishments in speaking as Are iu Crassus. On which account^ if you also are of the same opinion, it will uot, as I think, bo an unjust partition, if, when I shall have given birth and education and strength to this orator whom I am forming, as is my design, I deliver ' Which Bhowa what a BptsJLiir aught to say, and what is sflactiTa in pemiiadijig an audience. Prffast.
him to CrftSBus to be fumislied with apparel and omti- ments." ' CrassuB then said, " Do you rather, Antonius, go on as you have commenced; for it is Bot the part of a good or liberal parent not to clothe and adorn him whom he has engendered and brought up; especially aa you caanot deny that you are wealthy enough. For what grace, what power, what spirit, what dignity waa wanting to that orator, who at the close of a epeech did not hesitate to oaU forth hia accused ciient, though of consular rank, and to tear open his garment, and to expose to the judgea the scars on the breast of the old com- mander)' who also, when he defended a seditious madman,' Sulpicius here being the aecuser, did not hesitate to apeak in &vour of sedition itself, and to demonstrate, with the utmost power of language, that many popular insurrections are j ust, for whichnohody could beaccountable^ adding that many seditions had occurred to the benefit of the commonwealth, as when the kings were espellod, and when the power of the tribunes waa established; and that the sedition of Norbanua, proceed- ing irora the grief of the citizens, and their hatred to Caspio, who had lost the army, oould not possibly bo restrained, and was blown up into a flame by a just indignation. Could this, BO hazardous a topic, so unprecedented, so delicate, so new, be handled without an incredible force and power of elo- quence i What shall I say of the compassion excited for CneiuB Manlius,' or that in favour of Quintus Res!* What of other innumerable instances, in which it was not'that ei- traordinary aoutenesa, which everybody allows you, that was most conspicuous, but it was those very qualities which you ' ManiuB AquiliuH, who, nfter the terminatido of the Hervilo war in willing to oDtroat the pity of the juices, Antonius, who pleaded for him, tore open his tuaic in front, and showed tha Bcnn of tbe honauiv able wounds which he had rocoiTBd in battle. He waa Gf^uitted. Livy, Bpit. Protttt. ' Norbimus tha tribune. See note on c. 47. SUaidl, ' He WDS uousul with FubliuB Kutiliua, A.O.O. 619 1 nnd hsTing refused to unite his troops nith those of Quintus Cxpio, the proconsul, was de- feated by tha Cimbri, and lost liia wmy. Livy, Ep. bml For this miBcairiage he was, with Ccepio, brought to trial, and must have been defended by Antonius. EllmdI. * Of tlie tiisl of QnintuB Msrcins lies Qothing is konwn. EUewii, 1 I I ci'ibs to me, tLnt were always eminent aud exceUeti in you."
XXIX. " For my part," said Catnlus, " what I am accus- tomed most to admire in you. both, is, that while you are totally unlike each other in your manner of speaking, yet each of you Bpeaka so well, that nothing seems eitiier to have been denied you by nature, or not to Imve been boBtowed on yoa by learning. You, therefore, CrassUB, from your obliging disposition, will neither withhold from us the illustratiou of whatever may have been inadvertently or purposely omitted, by Antonina; nor if you, Antouius, do not apeak on every point, we shall think, not that you could not speak on it, but that you preferred that it should be treated by Crassua." Here Crassua said, " Do you rather, Antouius, omit those particularB which you have proposed to treat, and which no one here Deeds, namely, from what topics the statoments made ia pleadings are to be derived, which, though they would be treated by you in a new aud escelleut way, are in. their nature very easy, and commonly set forth in books of rules; but ^how 41s these resourees whence yoa draw that eloquence which you frequently exert, and aJwaya divinely." " I will indeed show you them," said Antoaiua; " and that I may the more easily obtain from you what I require, I will refuse you nothing that you ask, iThe supports of my whole eloquciice, and that power of speaking which Crassua just now extolled to the skies, are, as I observed before, three processes; the first, that of conciliating my hearers; the second, that of instructing them; and the third, that of moving them. The first of these divisions requires mildness of address; the second penetration; the third energy; for it is impossible but that he, who is to determine a cause in our favour, must either lean to our aide from propensity of feeling, or be swayed by the arguments of our defence, or be forced by action upon his mind. But sinoe that part, in which the opening of the cose itself and the defence lie, seems to comprehend all that is laid down as doctrine on thia head, I shall speak on that first, and say but few words; for I seem to have but few_ observations gained from experience, and imprinted ai on ray memoTy.l XXX. " Wo shall willingly consent to your judicious prQ posal, Crassus, to omit those defences for every sort of m which the masters of rhetoric are accustomed to teach hoys; and to open thoso sources whence all ailments for every cause and spoech fire derived. For neither, aa often as wa have occasion to write any word, need the letters of that word he bo often collected in our thoughts; nor, aa ofteii aa WB are to plead a cause, need we turn to the separate argu- ments for that oouBB; but we should have certain common- places which, like letters for forming a word, immediately occur to US to aid in stating a cause. But these common- places can be of advantogo only to that orator who is conver- sant in husinees, and has that experience which age at length brings with it; or one who has so much attention and power of thought as to anticipate age by study and diligence. For if you bring to me a maa of ever so deep erudition, of ever BO acute and subtile an intellect, or ever so ready an elocu- tion, if he be a stranger to the customs of civil communities, to the examples, to the institations, to the manners and inchnations of his fellow-citizens, the common-places from which arguments are drawn will be of little benefit to him. I must have a weli-cuitivated genius, like a field not onca ploughed only, but again and again, with renewed and repeated tillage, that it may produce better and lai'ger crops; and the cultivation here required is experience, attentive hearing of other orators, reading, and writing.
" Fictt, then, let him esamine tb« nature of Jiia. cause, which is never obscure so far as the inquiry 'whether a thing haa been done or not j' or ' of what nature it is;' or ' what namo it should receive;' and when this is ascertained, it imme- diately occm-g, with the aid of natural good sense, and not of those artifices which teachers of rhetoric inculcate, 'wiat con- BtitutBs the cause,' that is, the point without which there would be no controversy; then, 'what is the matter for tnal,' which they direct you to ascertain in this manner: Opimiua slow Gracchus; what constitutes the cause? 'That he slew him for the good of the republic, when he had called the people to arms, in consequence of a decree of the senate.' Set this point aside, and there will be no question for trial. But Decius denies that snch a deed could be authorized contrary to the laws. The point therefore to be tried will be, ' whether Opimius had authority to do so from the decree of the senate, for the good of the coiamonwealth.' Theaa clear, and may be settled by H to be ooBsidered what argumerts, re- lative to the point for trialj oug^t to be advanaed, as well by the accuser as by bim who has undertaken the defence.
XXXI. " Here we must notice a capital error in those raaa- tere to whom we Bend our children; not that it has much to do with speaking, but that you may see how stupid and un- polished a aet of men they are who ima^ne themselves learned. For, in diatinguiahing the different kinds of spcakiog, they make two apeciea of canaea One they call, 'that in whidi the question is about a general proposition, without reference to persona and times;' the other, ' that which is confined to certain persons and times;' being ignorant that all contro- ^ -veraieB muat have relation, to the force and nature of tha i I general position; for in thut very cause which I mentioned, I the person of Opimiue or Decius has nothing to do with the / oommon arguments of the orator; since tho inquiry has / reatricted reference to the queation in general, ' whether he f seems deserving of punishment who has slun a citizen under a decree of the senate for the preservation of his country, when such a deed was sot pennitted by the laws.' There is / indeed no cause in which the point that falls under dispute ' is considered with reference to the parties to the suit, aud not from arguments relating to such questions in general. But even in those very cases where the dispute is about a fact, as 'whether Publius Decius^ has taken money contrary to law, tho arguments both for the accusation and for the defence must have reference to the general question, and the general nature of the caae; as, to show that the defendant is eipen- sire, the arguments must refer to luiury; that he is covetous of another's property, to avarice; that he is seditious, to turbulent aud ill-designing citizens in general; that he ia convicted by many proofs, to the general nature of evidence: and, on the other side, whatsver is aaid for the defendant, must of necessity be abstracted from the occasion and individual, and referred to the general notions of things and questions of the kind. These, perhaps, to a "inn who cannot readily compre- hend in bis mind all that is in the nature of things, may aeom ' He WSB accused of liaving beei ftir having eausal the death of Cnii Biog. and Mjthol. Art. Decius, n.
tlN THE CHAltACTBR OP THE ORATOR.
extremely numerous to eome under eonaideration when the question is about a single iact; hut it is the numher of charges, and not of modes of defence, or topics for theffi, that is infinite.'- XXXir. " But when thei'e is no contoat abont facfaf, the questions on tht) nature of ^Lcte, if you j'eckon them from the number of the parties aucused, are innumerable aad in- tricate; if from the facta themBeWeB, Tery few and clear. For if we consider the case of Mancinus'''flo as referring to Man- cinus alone, then, whenever a person whom the chief herald has surrendered to the enemy is not re-admitted into hia country, a new case will arise. But if what gives rise to the controversy bo the general question, ' whether to him whom thechief herald has surrendered, if he has not been re-adniitted into his country, there seems to he a. right of return,' the name of Mancinus has nothing to do with the mode of speak- ing upon it, or the arguments for the defence. And if the merit or demerit of tlie person give rise to any discussion, it is wholly beside the question; and the part of the speech re- ferring to the question must, of necessity, he adapted to such arguments in general. I do not reason upon these suhjecta for the purpose of confuting learned teachers; although those merit reproof, who, in their general definition, describe thia sort of causes as relating to persons and times. For, although times and persons are incident to them, yet it shonld be tmderstood, that the cauaes depend not upon them, but upon the general question. But this is not my business; for we ought to have no contest with that sort of people; it is suffi- cient that this only should be known, that they liave not even attained a point which they might have effected amid 80 much leisure, even without any eiperience in affairs of tbe foruiu; that is, they might have distinguished the gene- ral natures of cases, and explained them a little more accu- rately. But this, as I said, is not my business; it is mine, and much more yours, my IVieuds Cotta and Sulpieius, to know, that as their artificial rules now stand, the multitude- * InDumerabls acausatioiia majr be brought RgaiiiBt a peraon, aS agaiiut Yenea by Cicero; but the (oct, eommou topics or grounda, on iraieh the attack or defence will rsat, (reapecting, for inatance, avario% Inxuiy, vioieDCe, treaeOQ,) will be but tbw. ElUadl.
DE OBdTOEEJ OR, DE OBdTOEEJ OR, of eausea is to be dreaded; for it is infinite, if they are referred to persons; so many men, so many causes; iiut, if they are referred to general queBtious, they are so limited and few, that studious orators of good memory aad judgment ought to liave them digested in tlieir minds, and, I may ahnost say, learned by heart; unless perhaps you imagine that Lucius Cnisaus took his notion of that famous cause'- Ironi Manius CuriuB personally; and thus brought many ailments to show why, though no posthuiaous son was bom, yet Curins ought to be the heir of Coponiiis. The name of Copouius, or of Curius, had no influence at all on the array of arguments advanced, or on the force and nature of the questiou; iha whole controversy had regard to all affairs aiid events of that kind in general, not to particular occasioiis or names; smce the writing was thus, 1/ a son is horn to m.e, anil he die before, etc., then let him he my heir; and if a son. waa not born, the question was whether ho ought to be heir who was appointed heir on the death of the son.
XXXIU, " A queatioa regarding unvarying equity, and of a general nature, requires no names of persons, but merely skill in speaking, and sources of proper argument, In this respect oven the lawyers themselves are an impediment to us, and hinder us from learning; for I perceive it to be gene- rally reported in the hooks of Cato and of Brutus, what answers they gave on points of law to any particular man or woman by name; that we might imagine, I suppose, soma cause for consultation or doubt to have arisen Irom the per- sons, not irom the thing; so that, since persons are innu- merable, we might be deterred from the study of the law, and lay aside all inclination to learn it, at the same time with all hope of ever attaining a thorough knowledge of it.
" But Crassus will some day make all these points clear to us, aad set them forth arranged under general beads; for you must know, Catulus, that he promised us yesterday, that he would reduce the civil law, which is now in a state of confusion and dispersion, under certain general heads, and digest it into an easy system." " And indeed," said Catulus, "that is by no means a difficult undertaking for Crassus, ■who has all of law that can be learned, and he will supply that which was wanting in those who taught him; for he will ttUSlVj I TH£ CEAIUCIBR OF XHB OBATOB.
bo able to define exactly, and to illuatrate eloquently, every point comprebended ia the law." " We shall then," said AntoniuB, "leam all these tbinga from Ceassua, when heehall ha,v0 betaken himself, as he intends, from the tumult of public busineBS and the benches of the forum, to a quiet retreat, and to bis threne."^ " I have indeed often," observed Catulua, "heard him say, 'that he was resolved to retire from pleading and the courts of justice;' but, as I frequently tell him, it will never be in hia power; for neither will ho permit his assistance to bo repeatedly implored in vain by persons of character, nor will the public endure his retire- ment patiently, as they ■will think that if they lose the elo- quence of Lucius CrassuB, they will lose one of the principal ornaments of the city." " Indeed then," remarked Antonins, " if what Catulus says. is true, Crassus, you must still live on in the same workshop with me, and we must give up that yawning and sleepy science to the tranquillity of the Scb3vo1bo and other such happy people." Here Crassus smiled a little, nud said, " Finish weaving, Antonius, the web which you have begun; yet that yawning science, as you term it, when I have sheltered myself under it, will vindicate my right to liberty."
XXXIV. " This is indeed the end," continued Antoaius, "of that part on which I just now entered; for it is now understood that all matters which admit of doubt are to be decided, not with reference to individuals, who are innu- merable, or to occasions, which are infinitely various, but to general considerations, and the nature of things; that general considerations are not only limited in number, but very few;. that those who are studious of speaking should embrace in their minds the subjects peculiar to the several departments of eloquence, an'anged under general heads, aa well as arrayed and adorned, I mean with thoughts and illustrations. These will, by their own force, beget words, which always seem to me to be el^pnt enough, if they are such that the subject seems to have suggested them. And if you ask the truth, (aa fiir, that is, as it is apparent to me, for I can affirm nothing more than my own notions and opinions,) we ought to carry this preparatory stock of general questions and commou-placea into the forum with us; and not, when any cause is brought ' Soe L 15; also iij. 33; ii 55; and Ds I«gg. L 3, I DE okatore; ok, biob we tua^^H aJl who hun^H before ub, begin then to seek for topics from whiob v diaw our argumenta; topics which, indeed, h niude them tlie subject of but moderate considenition, n be thoroughly prepared by means of study and practice; but the thoughtB must still revert to those general beaib and common-places to which 1 have so often alluded, and irom which all arguments are drawn for every species of oratoiy. All that is required, whether it result from art, or obBefvatioii, or practice, is but to know those parts of the field in which you may hunt for, and trace out, what you wish to find; for when you have embraced in your thoughts the whole of any ' topic, if you. are but well practised ia the treatment of sub- jeots, nothing will escape you, and every circumBtanee mate- rial to the question will occur and suggest itself to you.
XXXY. " ^aee, then. In spealutig, three tbiags are re- quisite for finding Bi^timent; genius, method, (which, if we please, we may call art,) and diligence, I cannot but-aaaign the chief place to ge^ue; yet diligence can raiEC even genius itself out of dulnesa; diligmce,. I say, which, as it avails in tbll things, is also of the utmost moment in pleading causes. Diligence is to be particularly cultivated by us; it is to ba constantly exerted; it is capable of effecting almost every- thing. That a cause is thoroughly understood, as I said at first, is owing to diligence; that we listen to onr adversary attentively, and possess ourselves, not only of his thougjits, but even of his every word; that we observe all the motion* of his countenance, which generally iudicate the workings of the mind, is owing to diligence; [but to do this covertly, that . he may not seem to derive any advanbige to himself, is die part of prudence;] ' that the mind ruminates on those topics which I shall soon mention, that it insinuates itself tho- roughly into the cause, that it fixes itself on it with care and attention, is owing to diligence; that it applies t memory like a light, to all these matters, as well aa the ton of voice and power of delivery, is owing to diligence, genius and diligence there is very little room left for b art only shows you where to look, and where that 1 which you want to find; all the rest depends on care, attention, oonsideration, vigilance, assiduity, industry; all ' The words in brackets are regardod by ail tlie best critjca aa tlia production of some interpoktor.
^iWbxvii.] 0 II.] ON THE OHAEACTER OF THE OKATOR. 263 vfaich I include iu that one word which I have so often repeated, diligence; ft eiagle virtue, iu which all other Tirtues are comprehended. For we see how the philosophers ahotmd in oopiousuesB of loDguage, who, as I think, (but yoa, Catulus, know these matters bettor,) lay down no precepts t^ eloquence, and yet do not, on that account, tlie leas uuder- take to speak with fulness and Suency oa whatever subject is proposed to them."