' Antoaius mentjons sevao ways ly which tta indiBcration of iie orator may be of prejudice to the caaae, to illuatrBte hia last observa- tion: — 1. By imtatiog awitaeaB, who woold not havB injured his client witliont provocation. 2. By not giving way whon Oia argumenta press too hard upon liim, he may lose but csubb. 3. By eitoUuig tboBe quor lities in lus ulient which ooght to be extenuated, he may do miwhipF. 4. By throwing iniectiTeB npon those who aro entitlpd to the ortcem « « i£ your speech, that jou may cot stumble, that you may not fiill oTer anything. Oftentimes eome witness either does no mischief, or does leaa, if he bo not provoked; my client entreats me, the advocates prew me, to inveigh ogainat him, to abuse him, or, finally, to plague him with questions; I am not moved, I do not comply, I wiE'uot gratily them; yet I gain no commendations; for ignorant people can more easily blame what you say injudiciously, than praise you fur what you discreetly leave unnoticed. In auoh a case how nmch harm may be done if you oHead a witness who is passionate, or one who is a man of sense, or of influential character? for he has the will to do you mischief &Tjm his passion, the power in his understanding, and the means in hia reputation; nor, if Crassus never commits this offence, is that a reason that manyarenotguilty of it, andoften; on which account nothing ever appears to me more ignominious, than when from any observation, or reply, or question, of a pleader, such remarks as this follow: He has ruined — Whomi /lis advenaryt No truly, hvi liinuelf and his client.
LXXV. " This Crassus thicks can never happen but through perfidiouHuess; but I very frequently observe that persons by no means dishonest do mischief in causes. In regard to that particular which I mentioned before, that I ara used to retreat, or, to speak more plainly, to flee from those points which would press hard on my side of the question, how much harm do others do when they neglect this, saunter in the enemy's camp, and dismiss their own guards? Do thev occasion but slight detriment to their causes, when they either strengthen the supports of their adversaries or inflame the wounds which they cannot heal? What harm do they cause when they pay no regard to the characters of those whom they defend? If they do not mitigate by extenuation and favour of the judgea. 5, By upbraidin.^ Uia BivBrsary with the eame dsfents that are itt somo of the j udgea; of -wliich Philip's doriaioa of n dwu'figh evideace, before Lticiua Aurifei, who was still lower in stature, was an inatanoe mentioned before. 6. He may plsad bis own caune rather than that of his client; which blamo Cicero Heoma to have in- curred in hia orBtioa for PubliiU! Sextius, a cauao in whisb he was wanuly and specially interested. WhooTer hae any inclination to read thii history of Uuit triaL may find it in Dr. Middietoa'a Life of Cicoro, ToL il p.45,&c. 7. By the use of false or repugnant arguments, or auoh :e foreign to tlio usage of the bar and judicial proceedings. B.
those qualities in them that excite ill-will, but make them more obnoxous to it by commending aud estolliug them, how much mischief ia caused by suoh managementl Or whnt if, ■without any precautionary language, you throw bitter and contumelious invectives upon popular persons, in fevour with the judges, do you not alienate their feelings from you? Or what if there be vioea or bad qualities in one or more of the judges, and yon, in upbraiding your adversaries with such demerits, are not aware that you are attacking the judges, is it a small error which you then commit! Or what if^ while you are speaking for another, you make his cause your own, or, taking aSront, are carried away from the question by pafflion, and start aside from the subject, do you occasion no harm! In this respect I am estfiemed too patient and forbearing, not because I willingly hear myself abused, but because I am nn- TTilling to lose sight of the cause; as, for instance, when I reproved you youreelf, Sulpicius, for attackiug an agent, not me your adversary.' From such conduct, however, I acquire this advantage, that if any one does abuse me, he ia thought to be either ill-tempered or out of his wits. Or if in your arguments you shall state anything either manifestly felse, or contradictoiy to what you have said or are going to say, or foreign in its natiwe to the practice of trials and of the forum, do you occasioix no damage to your cause? Why need I say mora on this head? My whole care is oonstantiy devoted to this^bject, {for I will repeat it firequently,) to effect, if I con, some good by speaking; but if not, to do at least no harm, LXXVI. " I now return therefore to that point, Catulus, on which you a little while ago accorded me praise; the order aud arrangement of facts and topics of argument. On this bead, two methods may be observed; one, which the nature of causes dictates; the other, which ia suggested by tho orator's judgment and prudence. For, to premise something before we come to the maiu point; then to explain the matter in question; tlicn to support it by strengthening our own arguments, and refuting those on the other side; nest, to ' Quad miniatTatorest pelercs, noa adtertarjum. The mtnisirofor was a witcesf. from wbaso evidence ActoniuB bad dnivra arguments. £llendt. Whether by adfcaiOTivi ja meant AntoDius or not, ie, as HenrichaBQ anye, uncertEun. Ellendt thinks that Antooiufl is nnt meant. I have however differed from him, os tho contest seema indicate that Antonius is meant.
earn up, and came to the peroration; is a mode oFspeakiiig that nature herself presciihes. But to determine how we should arraoige the pai-ticulara that are to be advanced in order to prove, to inform, to persuade, more peouliailj belongs to the orator's discretion. For many arguments occur to him; many, that seem likely to be of service to his pleading; butEome of tliem are so trifling as to be utterly contemptible; Bomo, if they ore of any assiHtanae at all, are Eometimea of snch a nature, that!there ia some defect inherent in them; while that which appears to be advantageous, is not of such import that it need be advanced in conjunction with auythiug prejudicial And as to those arguments which are to the purpose, and deserving of trust, if they are (as it often happei^) very numerous, I thiuk that sueh of them as are of least weight, or as are of the same tendency with others of greater force, ought t« be set aside, and excluded altogether from our pleading. I myself, indeed, in collectiug proo^ make it a practice rather to weigh than to count them.
LXXVII. " Since, too, aa I have often observed, we bring over people in general to our opinions by three methods, by instructing their understandings, conciliating their bens' . volenoe, or exciting their passions, one only of these three methods is to be professed by us, so that we may appear to desire nothing else but to instruct; the other two, like blood throughout the body, ought to be diffused through the whole of our pleading; for both the beginning, and the other carts of 3 speech, on whicli we will by-and-by say a few words, ought to have this power in a great degree, so that they may penetrate the minds of those before whom we plead, in order to excite them. But in those parts of the speech which, though they do not convince by argument, yet by soUcitation and excitement produce great eifect, though their proper place is chiefly in the exordium and the peroration, still, to noake a digression from what you have proposed and are discussing for the sake of exciting the passions, is often advantageous. Since, after the statement of the case has been made, au oppor- tunity often presents itself of making a digi'ession to rouse the feelings of the audience; or this may be properly dona after the confirmation of our own aipnuents, or tlie refutation of those on the other side, or in either place, or in aU, i" cause has sufficient copiousness and importance; and CEABACTEB OP THE OHAT causes are the most considerable, and moat pregiumt with matter for amplifioLtiou and embellishment, which afford the m.ost frequent opportunities for that kind of digression in which you may descant on those points by which the passions of tho .audience are either excited or calmed. ' Iii touching on this matter, I cannot but blame those who place the argunieuts to which they trust least in the front; and, in like manner^ I think that they commit an error, who, if ever they employ several advocates, {a practice which never had my approbti- tion,) will have him to speak first in whom they confide least, and rank the others also according to their abilities. "^ For a cause requires that the eirpectationa of the audience should be met with all possible expedition; and if nothing to satisfy them be oSered in the commencement, much more labour is necessary in the sequel; for that case is in a bad condition which does not at tho commencement of the pleading at naoo appear to he the better. For this reason, as, in regard to pleaders,^ he who is the most able fihould apeak fii-st, so in regard to a speech, let the ailments of most weight be put foremost; yet so that this rule be obsei'ved with respect to both, that some of superior efficiency be reserved for tho peroration; if any are but of moderate strength, (for to the, weak no place should be given at all,) they may be thrown into the main body and into the midst of the group. All these things being duly considered, it is then my custom to think last of that which is to be spoken first, namely, what exordium I shall adopt. For whenever I have felt inclined to think of that first, nothing occurs to me but what is jejune, or nugatory, or vulgar and ordinary.
LXXVIII. " The beginnings of speeches ought always to be accurate and judicious, well furnished with thoughts, and happy in expression, as well as peculiarly suited to their respective causes. For our earliest acquaintance with a speech as it were, and the first recommendation of it to our notice, is at the commencement; which ought at once to propitiate and attract the audience. In regard to thia point, ' l/i in qiuique eomm Dunimuni puUml em, ila evn primtm tol/unt dUere. " JW lu each of them they think tljat tliere ia least, bo ihey wiah him to epeak EraL" • Ut in oratore. Schutz conjectureB in omtoribm, but he had tatter, u Ellendt obaerreH, baTe conJECtnred ix oral<irib«t. But the text may I cannot bat feel astomsbed, not indeed at EUch as have pwd no attention to the art, but at a man of singular elo- quence and eradition, I mean Philippua, who generally rises to speak with so little preparation, that he knows not what 'word he shall utter first; and he says, that when be hi» warmed his arm, then it is bis cuatom to begin to fight; but ,he does not consider that tbosofrom whom he takes this simile hurl their first lances gently, so aa to preserve the utmost grace ia their action, and at the same time to husband their strength. JTor is there any doubt, but that the beginning oE a speech ought very seldom to bo vehement and pug- nacious; but if even in the combat of gladiators for life, which is decided by the sword, many passes are made previous to the actual encounter, which appear to be intended, not for miacbie^ but for display, how much more iiaturally ia such prelude to be expected in a speech, in which an exhibition of force is not more required than gratification! Besides, there is nothing in the wbole nature of things that is all produced at once, and tliat springs entire into being in an instant; and nature heraeif hna introduced everything that ia done and accomplished most energetically with a moderate beginning. Nor is the esordinm of a speech to be sought from without, or from anything unconnected with the sub- ject, but to be derived from the very essence of the cause. It iSj therefore, after the wbole cause has been considered and es^mined, and after every argument has been excogitated and prepared, that you must determine what sort of esordinm to adopt; for thus it will easily be settled,^ as it will be drawn from those points which are most fertile in arguments, or in those matters on which I said^ yon ought often to moke digressions. Thus our exordia will give additional weight, when they are drawn from the most intimate parts of our defence; and it will be showa that they are not < " not eommon,'and cannot be transferred to other causes, that they havo wholly grown out of the cause under sideration, LXXIX. " But every eiordinm ought either to convey intimation of the whole matter in hand, or some introduction COI^H .] ON THE CUAR4CIER OP THE OliATOr- 317 and support ki tho cause, or Eomcthing of ornament and dignity. But, like Testibulce and approaches to houssB and temples, so the introductions that we prefix to causes should be suited to the importitnco of the subjects. In small and unimportant' cauaea, therefore, it is often moro advisable to commence with the subject-matter itself without any prefiioe. But, when we are to use an esordium, (as will generally be the case,) oiir matter for it may be derived either from the Guitar, from the adversary, from the subject, or from those before whom we plead. From the suitor (I coll all those BuitoTB whom a suit concerns) we may deduce such par- ticulars OS characterise a worthy, generous, or unfortunate man, or one deserving of compassion; or such pnrticulars aa avail agatuBt a false accusation. From the adversary we may deduce almost the contrary particulars from the i»me points. From, the subject, if the matter under consideration be cruel, or heinous, or beyond expectation, or undeserved, or pitiable, or savouring of ingratitude or indignity, or unprecedented, or not admitting restitution or satisfiictioa. From those before whom we plead we may draw such conBiderations, as to procure their benevolence and good opinion; an object better attained in the course of pleading than by direct entreaty. This object indeed is to be kept in view throughout the whole oration, and especially in the conclusion; but many esordia, however, aro wholly based upon it; for the Greeks recommend us to make the judge, at the very com- mencement, attentive and desirous of information; and such hints are useful, but not more proper for the exordium than for other parts; but they are indeed easier'^ to be observed in the beginning, because the audience are then most attentive, when they are in expectation of the whole affair, and they may also, in the commencement, be more easily informed, as the particulars stated in the outset are generally of greater perspicuity than those which are spoken hy way of argument, or refutation, in the body of the pleading. But we shall derive the greatest abundance and variety of matter for exordia, either to concihate or to arouse the judge, from those * It^rtqueniiiut cauii). Ivfrtgtanr caula is a eaaae at the pleading of which few auditors are likel; to atteod. ifi-nesf i • FaciUora rtiam in principtii. Ellendt jnatly obaaryeB tlat eiiiwi. ' ' nipt, and tliat aiiknt should protiablj be substituted foe it.
1 "1 points in the cause which are adapted to create emo the mind; yet the whole of these ought not to be brought for- ward in the exordium; the judge should only receive a (" impulse at the outset, so that the rest of our speech oome with full force npon him when he is already imprei in om- favour.
LXXX, " Let the esordium, also, be so connected with sequel of the speech, that it may not appear, like a muai- oi&n's prelude, to be somethiug attached merely from imaginsr tion, but a coherent member of the whole body; for some speakers, when they have dehvered their premeditated exor- dium, make such a transition to what is to follow, that they seem positively unwilling to have an audience. But a pro- lusion of that kind ought not to be like that of gladiato^' who VffnndiBh spears before the fight, of which they make use in the encounter; but shoold be such, that speakers re even use as weapons tlic thoughts which they advanced the prelude.
'■'But as to the directions which they give to consult brevity in the narration, if that is to be called brevity where there ia no word rcdundautj the langua^ of Lucius Cressus is distinguished by brevityj but if that kind of brevity is intended, wiiea only just so many words are used as are absolutely necessary, such flouciseness is indeed sometimes proper; but it is often prejudicial, especially in narration; not only as it produces obscurity, but also because it destroys that which is the chief excellence of narration, that it be pleasing and adapted to persuade. For instanoe, the nar- For he, aa soon na lie became of aqe, Jfcc' how long is it! The manners of the youth himself, the in- quiries of the servant, the death of Chrysis, the look, figure, and affliction of the sister, and the other circumstances, are told with the utmost variety aud agreeablenesa. But if he had been studious of such brevity as this, She'a curried forth; we go; we roacli the plaoB Of aepulture; she's laid upon tho pile, he might have comprised the whole in ten lines; although ' Sammtiam. A kind of gladiatora bo called, that fought with Sun- nite arms. They had their origin amcpngthe Campanisos. Lit. ii. 4U.
ON THE CHABACTEIt OF THE oniTOE, 'She's carried forth, wo go,' is only so far conoiBe, as to cou- Bult, not absolute brevity, but el^ance; for if there had been nothing espressed but 'she's laid upon the pile,' the whole matter would have been easily cjinprehendod. But a narration referring to varioua characters, and intersected by dialogue, affords much gratification; and that becomes more probable which you report to have been done, when jou describe the manner in which it was done; and it is much more clearly understood if yon soraetiiaeB pause for that purpose, and do not hurry over it with affected brevity. For the narrative parts of a speech, as well as the other parts, ought to be perspicuous, and we ought to take the more pains with that part, because it is more difficult not to be obscure iu stating a case, than either in an eiordium, in argu- laeutation, in refuting of an accusation, or in a peroration: and obscurity in this part of a speech is attended with greater danger than iu other parts; both because, if anything be obscurely expressed in any other part, only that is lost which is so eipressed; but obscurity in the narrative part spreads darkness over the whole speech; and because, as to otlier parts, if you have expressed anything obscurely in one place, you may explajn it more clearly in another; while for the narrative pwl; of a speech there is but one place. But your I narrative will be clear, if it i egive n ordinary language.
with adherence to the order of time and without interruptior LXXXI. " But when we ought to introduce a statement of &cts, and when we ought not, requires judicious consideration. For wo ought to make no such statement, either if the matter is notorious, or if the circumstances are free from doubt, or if the adversary has related them, unless indeed we wish to confiite hia statement; and whenever we do make a statement of facts, let us not insist too eagerly upon points which naay create suspicion and ill-feeling, and make against us, but let DE eKtennate such points as much as possible; lest that should happen, which, whenever it occurs, Crassus thinks is done through treachery, not through folly, namely, that we damage oor own cause; for it uoucema the fortune of the whole cause, whether the case is stated with caution, or otherwise, because the statement of the case is the fouudation of all tlie rest of the speech.
' i matter in question be laid OB, down, when we must settle what ia the point that comes under dispute; then the chief gro-unds o£ the cause are to be laid down conjunctively, so aa to weaken your adveraary's gup- porta, and to strengthen your own; for there is in causea hut one method for that part of your speech, which is of efficacy to prove jour arguments; and that needs both confirmation and refutation; but because what is alleged on the other side oanuot he refuted unless you confirm your own statements, and your own etatemeuta cannot be confirmed unless you refute the allegations on the opposite side, these mattere are iu consequence united both by their nature, by their object^ and by their mode of treatment The whole speech is then generally brought to a conclusion by some amplification on the different points, or by eioitiug or mollifyii^ the judge; and every particular, not only iu the former parts of the speech, but more especially towards the conclusion, is to be adapted to excite as much as possible the feelings of the judges, and to incHiie them in our fiivonr.
"Nor does there now appear to be any reason, indeed, why we should make a distinct tead of those precepts which are given couceruiug suasory or panegjTical speeches; for most of them are common to all kinds of oratory; yet, to speak in favour of any important matter, or against it, seems to me to belong only to the most dignified character; for it is the part of a wise man to deliver his opinion on momentous affairs, and that of a man of int^;Tity and eloquence, to be able to, provide for others by his prudence, to confirm by his rity, and to persuade by his language.
LXXXIl. " Speeches are to be made in the senate with display; for it is an assembly of wise men; ^ and opportunity' is to be left for many others to speak. All suspicion, too, of ostentation of ability is to be avoided. A speech to the people, on the other hand, requires all the force, weight, and various colouring of eloquence. I'or persuading, then, nothing is more desirable than worth; for he who thinks that expe- diency is more desirable, does not consider what the counsellor chiefly wishes, but what ho prefers upon occasion to follow; and there is no man, especially in so noble a state as this, who does not think that worth ought chiefly to bo regarded; i» mini tal consUiam, These Words I regard ai a Bcholima &at lias oropt into tho teit. Ei-netti, OS THE CHAitACTEB OF THE ORATOB.
but expediency commoaly prevails, there being a concealed fear, that even worth cannot be supported if expediency be dis- regarded. But the difference between the opinions of men lies either in this question, ' which of two things is of the greater utility)' or, if that point is agreed, it is disputed 'whether honour or oipediency ought rather to be consulted.' As these seem often to oppose each other, he wlio is on advocate for expediency, will enumerate the benefits of peace, of plenty, of power, of riches, of settled revenues, of troops in garrison, and of other things, the enjoyment of which wo estimate by their utility; and be will specify the disadvantages of.a con- trary state of things. He who exhorts his audience to regard honour, will collect esamples from our ancestors, which may be imitated with glory, though attended with danger; he will «xpatiat« on immortal ^ime among posterity; he will main- tain that advantage arises froni the observance of honour, ■and that it is always united with worth. But what is pos- sible, or impossible; and what ia necessoiy or unnecessary, «re questions of the greatest moment in regard to both; for fill debate is at an end, if it is understood that a thing is impossible, or if any necessity for it appears; and he who shows what the case is, when others have overlooked it, aees furthest of all. But for giving counsel in civil af^urs the chief qualification is a knowledge of the constitution; And, to speak on such matters so as to be approved, an ac- quaintance with the mflanars of the people is required; and, as these frequently vary, the fashion of speaking must often be varied; and, although the power of eloquence is mostly the same, yet, as the highest dignity is in the people, as the concerns of the republic are of the utmost importance, and as the commotions of the multitude are of extraordinary violence, a more grand and imposing manner of addressing them seems necessary to be adopted; and the greatest part of a speech is to he devoted to the excitement of the feelings, either by eihortation, or the commemoration of Home illus- trious action, or by moving the people to hope, or to fear, or to ambition, or desire of glory; and often also to dissuade them from temerity, from rage, from ardent expectation, from injustice, from envy, from cruelty.
LXXXIII. " But it happens that, because a popular as- sembly appears to the orator to be his most enlai^ed scene of DE OHATOREJ OB,