De Oratore  

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De Oratore ("On the Orator") is a dialogue written by Cicero in 55 BC. It is set in 91 BC when Lucius Licinius Crassus dies, just before the social war and the civil war between Marius and Sulla, during which Marcus Antonius Orator, the other great orator of this dialogue, dies. During this year, the author faces a difficult political situation: after his return from exile in Dyrrachium (modern Albania), his house was destroyed by the gangs of Clodius in a time when violence was common. This was intertwined with the street politics of Rome.

Among the moral and political decadence of the state, Cicero wrote De Oratore in order to sketch out the portrait of the ideal orator and to imagine him as a moral guide of the state.

The perfect orator shall be not merely a skilled speaker without moral principles, which could be a danger for the state, but both an expert of rhetorical technique and a man of wide knowledge in law, history, ethical principles.

Full text

TRANSLATED OR EDITED

BY J. S. WATSON.

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HARPER & BROTHERS, PUBLISHERS,

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Harper's New Classical Library.

Comprising Literal Translations of

CiESAR.

VIRG-IL.

HORACE.

SALLUST.

CICERO'S ORATIONS.

CICERO'S OFFICES, &c.

TACITUS. 2 vols.

TERENCE.

JUVENAL.

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^

THE LIBRARY

BRIGHAM YOUNG UNIVERSITY

PROYO.UTAH

PREFACE.

A Teanslatioi^ of the Dialogues De Oratore was pub- lished in 1762 by George Barnes, a Barrister of the Inner Temple. Mr. Barnes's version was made with great care, and, though less known than Guthrie's, was far superior to it. If he occasionally mistook the sense of his author, he seems to have been always diligent in seeking for it. He added some notes, of which those deemed worth preserv- ing are distinguished by the letter B.

Barnes's translation is the groundwork of the present ; but every page of it has been carefully corrected, and many pages re-written. The text to which it is made conforma- ble is that of Orellius, which differs but little from Ellendt's, the more recent editor and illustrator of the work, from whom some notes have been borrowed.

No labor has been spared to produce a faithful and read- able translation of a treatise which must always be inter- esting to the orator and the student.

The translation of Cicero's " Brutus ; or. Remarks on Eminent Orators," is by E. Jones (first published in 1776), which has long had the well-deserved reputation of com- bining fidelity with elegance. It is therefore reprinted with but little variation.

J.S,W.

CICERO'S DIALOGUES

DE ORATORE;

OB,

ON THE CHARACTER OF THE ORATOR.

BOOK I.

THE ARGUMENT.

These Dialogues were written, or at least published, by Cicero in the year b.c. 55, when he was about fifty-two years old, in the second con- sulship of Pompey and Crassus. He composed them at the request of his brother Quintus, in order that he might set forth in better form, at a more advanced period of life, and after his long experience, those opinions on oratory which he had somewhat hastily and crudely ad- vanced in his early years in his books on Invention. The Dialogues are supposed to have been held b.c. 91, when there were great con- tentions at Rome respecting the proposal of the tribune Marcus Livius Drusus to allow the senators, in common with the equites, to be j udges on criminal trials.

The persons present at the dialogue related in the first book are Lucius Licinius Crassus, Marcus Antonius, his friend, the two most eminent orators of their day; Quintus Mucins Scsevola, the father-in-law of Crassus, who was celebrated for his knowledge of the civil law, and from whom Cicero himself received instruction in his youth ; and two young men, Caius Aurelius Cotta, and Publius Sulpicius Rufus, youths of much ability and promise, who were anxious to distinguish them- selves in oratory, and for whose instruction the precepts and observa- tions conveyed in the Dialogues are supposed to have been delivered.

. The scene of the conversations is the Tusculan villa of Crassus, to which he had retired from the tumults at Rome, and where he was joined by the rest of the party. — ■

The object of Cicero, in these books, was to set before his reader all that was important in the rhetorical treatises of Aristotle, Isocrates, and | other ancient writers on oratory, divested of technicalities, and pre- ' sented in a pleasing form.

Crassus and Antonius, in the first book, discourse on all the qualifica- tions of a perfect orator, Crassus being the exponent of the sentiments of Cicero himself, and maintaining that a complete orator must be ac- quainted with the whole circle of art and science. Antonius express- es his opinion that far less learning is required in the orator than

6 DE ORATORE; OR, L^. I.

Crassus supposes, and that, as universal knowledge is unattainable, it will be well for him not to attempt to acquire too much, as he will thus only distract his thoughts, and render himself less capable of at- taining excellence in speaking, than if, contenting himself with mod- erate acquirements, he devoted his attention chiefly to the improve- ment of his natural talents and qualifications for oratory. Cicero bestowed great consideration on the work, and had it long in hand. Ep. ad Att., iv., 12. See also Ad Att., iv., 16 ; xiii., 19 ; Ad ram.,i.,9.

I. As I frequently contemplate and call to mind the times of old, those in general seem to me, brother Quintus, to have been supremely happy, who, while they .were distinguished with honors and the glory of their actions in the best days of the republic, were enabled to pursue such a course of life that they could continue either in employment without danger, or in retirement with dignity. To myself, also, there was a time^ when I thought that a season for relaxation, and for turning my thoughts again to the noble studies once pursued by both of us, would be fairly allowable, and be conceded by almost every one ; if the infinite labor of forensic business and the occupations of ambition should be brought to a stand, either by the completion of my course of honors,^ or by the decline of age. Such expectations, with regard to my studies and de- signs, not only the severe calamities resulting from public oc- currences, but a variety of our own private troubles,^ have dis- appointed. For in that period,^ which seemed likely to offer most quiet and tranquillity, the greatest pressures of trouble and the most turbulent storms arose. Nor to our wishes and earnest desires has the enjoyment of leisure been granted, to cultivate and revive between ourselves those studies to which we have from early youth been addicted. For at our first entrance into life we fell amidst the perturbation^ of all an- cient order ; in my consulship we were involved in struggles

1 After his consulship, A.u.c. 691, in the forty-fourth year of his age.

2 There was a certain course of honors through which the Romans passed. After attaining the qusestorship, they aspired to the ^dileship, and then to the prsetorship and consulate.^ Cicero was augur, qu^stor, sedile, praetor, consul, and proconsul of Asia. ProusU

3 He refers to his exile and the proposed union between C^sar and Pompey to make themselves masters of the whole commonwealth ; a matter to which he was unwilling to allude more plainly. Ellendt.

^ Qui locus. Quae vitae pars. Proust,

^ The civil wars of Marius and Sylla. EllendU

C. n.J ON THE CHARACTER OF THE ORATOR. 7

and the hazard of every thing ;^ and all the time since that consulship we have had to make opposition to those waves which, prevented by my efforts from causing a general destruc- tion, have abundantly recoiled upon myself Yet, amidst the difficulties of affairs, and the straitness of time, I shall en- deavor to gratify my love of literature ; and whatever leisure the malice of enemies, the causes of friends, or the public service will allow me, I shall chiefly devote to writing. As to you, brother, I shall not fail to obey your exhortations and entreaties ; for no person can have more influence with me than you have both by authority and affection.

II. Here the recollection" of an old tradition must be re- vived in my mind, a recollection not indeed sufficiently dis- tinct, but adapted, I think, so far to reply to what you ask, that you may understand what opinions the most famous and eloquent men entertained respecting the whole art of oratory. For you wish, as you have often said to me (since what went abroad rough and incomplete^ from our own note-books, when we were boys or young men, is scarcely worthy of my present standing in life, and that experience which I have gained from so many and such important causes as I have pleaded), that something more poUshed and complete should be offered by me on the same subjects ; and you are at times inclined to dissent from me in our disputations on this matter ; inasmuch as I consider eloquence to be the offspring of the accomplish- ft ments of the most learned men ;^ but you think it must be regarded as independent of elegant learning, and attributable to a peculiar kind of talent and practice.

Often, indeed, as I review in thought the greatest of man- kind, and those endowed with the highest abilities, it has ap- peared to me worthy of inquiry what was the cause that a greater number of persons have been admirable in every oth- er pursuit than in speaking. For which way soever you di- rect your viev/ in thought and contemplation, you will see numbers excellent in every species, not only of the humble, but even of the highest arts. Who, indeed, is there, that, if he would measure the qualifications of illustrious men, either

^ Alluding to the conspiracy of CatiHne. ^ The two books De Inventions Rhetoricd.

^ Prudentissimorum. Equivalent to doctissimorum, Pearce. Some manuscripts have eruditissimorum.

8 DE oratore; or, [b.i.

by the usefulness or magnitude of their actions, would not prefer a general to an orator ? Yet who doubts that we can produce, from this city alone, almost innumerable excellent commanders, while we can number scarcely a few eminent in speaking ? There have been many also in our own memory, and more in that of our fathers, and even of our forefathers, who had abilities to rule and govern affairs of state by their counsel and wisdom ; while for a long period no tolerable or- ators were found, or scarcely one in every age. But lest any one should think that the art of speaking may more justly4>Q compared with other pursuits, which depend upon abstruse studies, and a varied field of learning, than with the merits of a general, or the wisdom of a prudent senator, let him turn his thoughts to those particular sciences themselves, and con- template who and how many have flourished in them, as he will thus be best enabled to judge how great a scarcity of or- ators there is and has ever been.

III. It does not escape your observation that what the Greeks call philosophy, is esteemed by the most learned men, the originator, as it were, and parent of all the arts which merit praise ; philosophy, I say, in which it is difficult to enumerate how many distinguished men there have been, and of how great knowledge, variety, and comprehensiveness in their studies, men who have not confined their labors to one province separately, but have embraced whatever they could master either by scientific investigations, or by processes of reasoning. Who is ignorant in how great obscurity of mat- ter, in how abstruse, manifold, and subtle an art they who are called mathematicians are engaged ? Yet in that pursuit so many men have arrived at excellence, that not one seems to have applied himself to the science in earnest without at- taining in it whatever he desired. Who has ever devoted himself wholly to music ; who has ever given himself up to the learning which they profess who are called grammarians, without compassing, in knowledge and understanding, the whole substance and matter of those sciences, though almost boundless ? Of all those who have engaged in the most lib- eral pursuits and departments of such sciences, I think I may truly say that a smaller number o^^eminent poets have arisen than of men distinguished in any other branch of lit- erature ; and in the whole multitude of the learned, among

C. IV.] ON THE CHARACTER OF THE ORATOR. 9

whom there rarelj appears one of the highest excellence, there will be found, if you will but make a careful review of our own list and that of the Greeks, far fewer good oi'ators than good poets. This ought to seem the more wonclerlul, as' at- tainments in other sciences are drawn from recluse and hid- den springs ; but the whole art of speaking hes before us, and is concerned with common usage and the custom and language of all men ; so that while in other things that is most excel- lent which is most remote from the knowledge and under- standing of the illiterate, it is in speaking even the greatest of faults to vary from the ordinary kind of language, and the practice sanctioned by universal reason.

IV. Yet it can not be said with truth, either that more are devoted to the other arts, or that they are excited by greater pleasure, more abundant hope, or more ample rewards ; for to say nothing of Greece, which was always desirous to hold the first place in eloquence, and Athens, that inventress of all lit- erature, in which the utmost power of oratory was both dis- covered and brought to perfection, in this very city of ours, assuredly, no studies were ever pursued with more earnestness than those tending to the acquisition of eloquence. For when our empire over all nations was established, and after a period of peace had secured tranquillity, there was scarcely a youth ambitious of praise who did not think that he must strive, with all his endeavors, to attain the art of speaking. For a time, indeed, as being ignorant of all method, and as thinking there was no course of exercise for them, or any precepts of art, they attained what they could by the single force of gen- ius and thought. But afterward, having heard the Greek or- ators, and gained an acquaintance with Greek literature, and procured instructors, our countrymen were inflamed with an incredible passion for eloquence. The magnitude, the variety, the multitude of all kind of causes, excited them to such a degree, that to that learning which each had acquired by his individual study, frequent practice, which was superior to the precepts of all masters, was at once added. There were then, as there are also now, the highest inducements offered for the cultivation of this study, in regard to public favor, wealth, and dignity. The abilities of our countrymen (as we may judge from many particulars) far excelled those of the men of every other nation. For which reasons, who would not justly won-

A2

10 DE ORATORE; or, [b. I.

der that in the records of all ages, times, and states, so small a number of orators should be found ?

But the art of eloquence is something greater, and collect- ed from more sciences and studies than people imagine. V. For who can suppose that, amid the greatest multitude of students, the utmost abundance of masters, the most eminent geniuses among men, the infinite variety of causes, the most ample rewards offered to eloquence, there is any other reason to be found for the small number of orators than the incredi- ble magnitude and difficulty of the art 1 A knowledge of a vast number of things is necessary, without which volubility of words is empty and ridiculous ; speech itself is to be form- ed, not merely by choice, but by careful construction of words ; and all the emotions of the mind, which nature has given to man, must be intimately known ; for all the force and art of speaking must be employed in allaying or exciting the feelings of those who listen. To this must be added a certain portion of grace and wit, learning worthy of a well-bred man, and quickness and brevity in replying as well as attacking, accom- panied with a refined decorum and urbanity. Besides, the whole of antiquity and a multitude of examples is to be kept in the memory ; nor is the knowledge of laws in general, or of the civil law in particular, to be neglected. And why need I add any remarks on delivery itself, which is to be or- dered by action of body, by gesture, by look, and by modula- tion and variation of the voice, the great power of which, alone and in itself, the comparatively trivial art of actors and the stage proves, on which though all bestow their utmost la- bor to form their look, voice, and gesture, who knows not how few there are, and have ever been, to whom we can at- tend with patience 1 What can I say of that repository for all things, the memory, which, unless it be made the keeper of the matter and words that are the fruits of thought and invention, all the talents of the orator, we see, though they be of the highest degree of excellence, will be of no avail ? Let us, then, cease to wonder what is the cause of the scarcity of good speakers, since eloquence results from all those qualifi- cations, in each of which singly it is a great merit to labor successfully ; and let us rather exhort our children, and oth- ers whose glory and honor is dear to us, to contemplate in their minds the full magnitude of the object, and not to trust

C. VI.] ON THE CHARACTER OF THE ORATOR. 11

that they can reach the height at which they aim, by the aid of the precepts, masters, and exercises, that they are all now following, but to understand that they must adopt others of a different character.

VI. In my opinion, indeed, no man can be an orator pos- sessed of every praiseworthy accomplishment, unless he has attained the knowledge of every thing important, and of all liberal arts, for his language must be ornate and copious from knowledge, since, unless there be beneath tHe surface matter understood and felt by the speaker, oratory becomes an emp- ty and almost puerile flow of words. Yet I will not lay so great a burden upon orators, especially our own, amid so many occupations of public and private life, as to think it allowable for them to be ignorant of nothing ; although the qualifica- tions of an orator, and his very profession of speaking well, seem to undertake and promise that he can discourse grace- fully and copiously on whatever subject is proposed to him. But because this, I doubt not, will appear to most people an immense and infinite undertaking, and because I see that the Greeks, men amply endowed not only with genius and learn- ing, but also with leisure and application, have made a kind of partition of the arts, and have not singly labored in the whole circle of oratory, but have separated from the other parts of rhetoric that department of eloquence which is used in the forum on trials or in deliberations, and have left this species only to the orator ; I shall not embrace in these books more than has been attributed to this kind of speaking^ by the almost unanimous consent of the greatest men, after much examination and discussion of the subject ; and I shall repeat, not a series of precepts drawn from the infancy of our old and boyish learning, but matters which I have heard were formerly argued in a discussion among some of our country- men who were of the highest eloquence, and of the first rank in every kind ofdignit^. Not that I contemn the instructions which the Gre^Krhetoricians and teachers have left us, but, as they are already public, and within the reach of all, and can neither be set forth more elegantly, nor explained more clearly by my interpretation, you will, I think, excuse me, my brother, if I prefer to the Greeks the authority of those to

^ Deliberative and judicial oratory ; omitting the epideictic or demon- strative kind.

12 DE oratore; or, [b. I.

whom the utmost merit in eloquence has been allowed by our own countrymen.

VII. At the time, then, when the consul Philippus was ve- hemently inveighing against the cause of the nobility, and the tribuneship of Drusus, undertaken to support the authority of the senate, seemed to be shaken and weakened, I was told, I remember, that 'Lucius Crassus, as if for the purpose of col- lecting his thoughts, betook himself, during the days of the Roman games, to his Tusculan country seat, whither also Quintus Mucins, who had been his father-in-law, is said to have come at the same time, as well as Marcus Antonius, a sharer in all the political proceedings of Crassus, and united in the closest friendship with him. There went out with Cras- sus himself two young men besides, great friends of Drusus, youths of whom our ancestors then entertained sanguine hopes that they would maintain the dignity of their order ; Caius Cotta, who was then a candidate for the tribuneship of the people, and Publius Sulpicius, who was thought likely to stand for that office in due course. These, on the first day, confer- red much together until very late in the evening, concerning the condition of those times, and the whole commonwealth, for which purpose they had met. Cotta repeated to me many things then prophetically lamented and noticed by the three of consular dignity in that conversation ; so that no misfor- tune afterward happened to the state which they had not per- ceived to be hanging over it so long before ; and he said that, when this conversation was finished, there was such politeness shown by Crassus, that after they had bathed and sat down to table, all the seriousness of the former discourse was ban- ished; and there appeared so much pleasantry in him, and so much agreeableness in his humor, that though the early part of the day might seem to have been passed by them in the senate house, the banquet showed all the delights of the Tus- culan villa.

But on the next day, when the older part of the company had taken sufficient repose, and were come to their walk, he told me that Scaevola, after taking two or three turns, said, <«Why should not we, Crassus, imitate Socrates in the Pha3- drus of Plato ^^ for this plane-tree of yours has put me in

^ P. 229. Compare Ruhnken, ad Lex. Timoei, v. dfi^iXacpegy and Manutius, ad Cic, Div., ii., 11, p. 254. Cicero aptly refers to that dia-

C. VIII.] ON THE CHARACTER OF THE ORATOR. 13

mind of it, which diffuses its spreading boughs to overshade this place, not less widely than that did whose covert Socrates sought, and which seems to me to have grown not so much from the rivulet which is described, as from the language of Plato : and what Socrate&, with the hardest of feet, used to do, that is, to throw himself on the grass, while he delivered those sentiments which philosophers say were uttered divine- ly, may surely, with more justice, be allowed to my feet." Then Crassus rejoined, " Nay, we will yet farther consult your convenience ;" and called for cushions ; when they all, said Cotta, sat down on the seats that were under the plane-tree. VIII. There (as Cotta used to relate), in order that the minds of them all might have some relaxation from their former discourse, Crassus introduced a conversation on the study of oratory. After he had commenced in this manner. That indeed Sulpicius and Cotta did not seem to need his exhortations, but rather both to deserve his praise, as they had already attained such powers as not only to excel their equals in age, but to be admitted to a comparison with their seniors ; Nor does any thing seem to me," he added, " more noble than to be able to fix the attention of assemblies of men by speaking, to fascinate their minds, to direct their pas- sions to whatever object the orator pleases, and to dissuade them from whatsoever he desires. This particular art has constantly flourished above all others in evjejry free state, and especially in those which have enjoyed peace and tranquillity, and has ever exercised great power. For what is so admira- ble as that, out of an infinite multitude of men, there should arise a single individual who can alone, or with only a few others, exert effectually that power which nature has granted tQ all? Or what is so pleasant f6T)eTieard an3 understood as an ora^tipijL^isdteffli^ with wise thoughts and

weighty expressions '? Or what is so striking, so astonishing, as that the tumuits of the people, the religious feelings of judges, the gravity of the senate, should be swayed by the speech of one man? Or what, moreover, is so kingly, so liberal, so munificent, as to give assistance to the suppliant, to raise the

logue of Plato, because much is said about eloquence in it. The plane- ^ tree was greatly admired by the Romans for its wide-spreading shade. See I. H. Yossius, ad Virg., Georg., ii., 70 ; PHn., H. N., xiL, 1 ; xvii., 15; Hor., Od., ii., 15, 5; Gronov., Obss., i., 5. Ellendt,

14 i>E oratore; or, [b.i.

afflicted, to bestow security, to deliver from dangers, to main- tain men in the rights of citizenship ? What, also, is so neces- sary as to keep arms always ready, with which you may either be protected yourself, or defy the malicious, or avenge your- self when provoked "I Or consider (that you may not always contemplate the forum, the benches, the rostra, and the sen- ate) what can be more delightful in leisure, or more suited to social intercourse, than elegant conversation, betraying no want of intelligence on any subject ? For it is by this one gift that we are most distinguished from brute animals, that we converse together, and can express our thoughts by speech. Who, therefore, would not justly make this an object of ad- miration, and think it worthy of his utmost exertions, to sur- pass mankind themselves in that single excellence by which they claim th^ir superiority over brutes ? But, that we may notice the most important pot^ of all, what other power could either have assembled mankind, when dispersed, into one place, or have brought them from wild and savage life to the pres- ent humane and civilized state of society ; or, when cities were established, have described for them laws, judicial institutions, and rights? And that I may not mention more examples, which are almost without number, I will conclude the subject in one short sentence ; for I consider, that by the judgment and wisdom of the perfect orator, not only his own honor, but that of many other individuals, and the welfare of the whole state, are principally upheld. Go on, therefore, as you are doing, young men, and apply earnestly to the study in which you are engaged, that you may be an honor to yourselves, an advantage to your friends, and a benefit to the republic."

IX. Scaevola then observed with courtesy, as was always his manner, I agree with Crassus as to other points (that I may not detract from the art or glory of Laelius, my father- in-law, or of my son-in-law here),^ but I am ^raid, Crassus, that I can not grant you these two points ; one, that states were, as you said, originally established, and have often been preserved by orators ; the other, that, setting aside the forum, the assemblies of the people, the courts of judicature, and the senate-house, the orator is, as you pronounced, accom- plished in every subject of conversation and learning. For who will concede to you, either thg,t mankind, dispersed

^ Crassus.

C. IX.] ON THE CHARACTER OF THE ORATOR. 15

originally in mountains and woods, inclosed themselves in towns and walls, not so much from being convinced by the counsels of the wise, as from being charmed by the speeches of the eloquent ? Or that other advantages, arising either from the establishment or preservation of states, were settled, not by wise and brave men, but by fluent and elegant speakers ? Does Romulus seem to you to have assembled the shepherds, and those that flocked to him from all parts, or to have formed marriages with the Sabines, or to have repelled the power of the neighboring people, by eloquence, and not by counsel and eminent wisdom 1 Is there any trace of eloquence apparent in Numa Pompilius, in Servius Tullius, or in the rest of our kings, from whom we have many excel- lent regulations for maintaining our government? After the kings were expelled (though we see that their expulsion was effected by the mind of Lucius Brutus, and not by his tongue), do we not perceive that all the subsequent transactions are full of wise counsel, but destitute of all mixture of eloquence ? But if I should be inclined to adduce examples from our own and other states, I could cite more instances of mischief than of benefit done to public affairs by men of eminent eloquence ; but, tcv omit others, I think, Crassus, that the most eloquent men I ever heard, except you two,^ were the Sempronii, Tiberius and Caius, whose father, a prudent and grave man, but by no means eloquent, on several other occa- sions, but especially when censor, was of the utmost service to the republic ; and he, not by any faultless flow of speech, but by a word and a nod, transferred the freedmen into the city tribes ;2 and, if he had not done so, we should now have no republic, which we still maintain with difficulty ; but his sons, who were eloquent, and qualified for speaking by all the helps of nature and of learning, having found the state in a most flourishing condition, both through the counsels of their father, and the arms of their ancestors, brought their country, by means of their oratory, that most excellent ruler of states as you call it, to the verge of ruin.

^ Crassus and Antonius.

^ Livy, xlv., 15, says that the freedmen were previously dispersed among all the four city tribes, and that Gracchus included them all in the Esquiline tribe. The object was to allow the freedmen as little in- fluence as possible in voting.

16 DE ORATORE5 OR, [b. I.

X. " Were our ancient laws, and the customs of our an- cestors ; were the auspices, over which you, Crassus, and I preside with great security to the republic ; were the relig- ious rites and ceremonies ; were the civil laws, the knowledge of which has long prevailed in our family (and without any praise for eloquence), either invented, or understood, or in any way ordered by the tribe of orators ? I can remember that Servius Galba, a man of godlike power in speaking, as well as Marcus ^milius Porcina, and Cneius Carbo himself, whom you defeated when you were but a youth,^ was ignorant of the laws, at a loss in the practices of our ancestors, and un- learned in civil jurisprudence ; and, except you, Crassus, who, rather from your own inclination to study, than because it was any peculiar business of an orator, have learned the civil law from us, as I am sometimes ashamed to say, this genera- tion of ours is ignorant of law.

"But what you assumed, as by a law of your own, in the last part of your speech, that an orator is able to speak fluently on any subject, I would not, if I were not here in your own domain, tolerate for a moment, but would head a party who should either oppose you by an interdict,^ or summon you to contend with them at law, for having so unceremoniously invaded the possessions of others. In the first place, all the Pythagoreans, and the followers of Democ- ritus, would institute a suit against you, with the rest of the natural philosophers, each in his own department, men who are elegant and powerful speakers, with whom you could not contend on equal terms. ^ Whole troops of other philosophers would assail you besides, even down from Socrates their ori-

^ Caius Papirius Carbo, after having been a very seditious tribune, went over in his consulship to the side of the patricians, and highly extolled Lucius Opimius for killing Caius Gracchus. But, at the ex- piration of his consulship, being impeached by Crassus, on what grounds we do not know, he put himself to death. Cic, Orat., iii., 20, 74 ; Brut., 27, 103. Ellendt.

^ ^ An edict of the prsetor forbidding something to be done, in contra- distinction to a decree^ which ordered something to be done. Ellendt refers to Gains, iv., 139, 160.

^ Justo Sacramento. The sacramentum was a deposit of a certain sum of money laid down by two parties who were going to law ; and when the decision was made, the victorious party received his money back, while that of the defeated party went into the public treasury. Varro, L.L.,v., 180.

C. XI.] ON THE CHARACTER OF THE ORATOR. 17

gin and head, and would convince you that you had learned nothing about good and evil in life, nothing about the pas- sions of the mind, nothing about the moral conduct of man- kind, nothing about the proper course of life ; they would show you that you have made no due inquiry after knowl- edge, and that you know nothing ; and, when they had made an attack upon you all together, then every sect would bring its separate action against you. The Academy would press you, and, whatever you asserted, force you to deny it. Our friends the Stoics would hold you entangled in the snares of their disputations and questions. The Peripatetics would prove that those very aids and ornaments to speaking, which you consider the peculiar property of the orators, must be sought from themselves ; and they would show you that Aris- totle and Theophrastus have written not only better, but also far more copiously, on these subjects, than all the masters of the art of speaking. I say nothing of the mathematicians, the grammarians, the musicians, with whose sciences this art of speaking of yours is not connected by the least affinity. I think, therefore, Crassus, that such great and numerous pro- fessions ought not to be made. What you can effect is suf- ficiently great, namely, that in judicial matters the cause which you plead shall seem the better and more probable ; that in public assemblies, and in delivering opinions, your oratory shall have the most power to persuade ; that, finally, you shall seem to the wise to speak with eloquence, and even to the simple to speak with truth. If you can do more than this, it will appear to me that it is not the orator, but Crassus himself that effects it by the force of talents peculiar to him- self, and not common to other orators."

XI. Crassus then replied, '^I am not ignorant, Scsevola, that things of this sort are commonly asserted and maintained among the Greeks ; for I was an auditor of their greatest men, when I came to Athens as qusestor from Macedonia,^ and when the Academy was in a flourishing state, as it was represented in those days, for Charmadas, and Clitomachus, and ^schines were in possession of it. There was also Me- trodorus, who, with the others, had been a diligent hearer of the famous Carneades himself, a man beyond all others, as

^ Crassus was quaestor in Asia a.u.c. 645, and, on his return, at the expiration of his office, passed through Macedonia. EllendU

18 DE ORATORE ; OK, [b. I.

they told me, a most spirited and copious speaker. Mnesar- chus, too, was in great esteem, a hearer of your friend Panas- tius, and Diodorus, a scholar of Critolaus the Peripatetic; and there were many other famous men besides, highly dis- tinguished in philosophy, by all of whom, with one voice as it were, I observed that the orator was repelled from the gov- ernment of states, excluded from all learning and knowledge of great affairs, and degraded and thrust down into the courts of justice and petty assemblies, as into a workshop. But I neither assented to those men, nor to the originator of these disputations, and by far the most eloquent of them all, the eminently grave and oratorical Plato ; whose Gorgias I then diligently read over at Athens with Charmadas ; from which book I conceived the highest admiration of Plato, as he seem- ed to me to prove himself an eminent orator, even in ridicul- ing orators. A controversy indeed on the word orator has long disturbed the minute Grecians, who are fonder of argu- ja ent th an of truth. For if any one pronounces him to be an orator who' can speak fluently only on law in general, or on judicial questions, or before the people, or in the senate, he must yet necessarily grant and allow him a variety of talents ; for he can not treat even of these matters with sufficient skill and accuracy without great attention to all public affairs, and without a knowledge of laws, customs, and equity, nor with- out understanding the nature and manners of mankind ; and to him who knows these things, without which no one can maintain even the most minute points in judicial pleadings, how much is wanting of the knowledge even of the most im- portant affairs'? But if you allow nothing to belong to the orator but to speak aptly, ornately, and copiously, how can he even attain these qualities without that knowledge which you do not allow him"? for there can be no true merit in speaking, unless what is said is thoroughly understood by him who says it. If, therefore, the natural philosopher Democ- ritus spoke with elegance, as he is reported to have spoken, and as it appears to me that he did speak, the matter on which he spoke belonged to the philosopher, but the graceful array of words is to be ascribed to the orator. And if Plato spoke divinely upon subjects most remote from civil controversies, as I grant that he did ; if also Aristotle, and Theophrastus, and Carneades, were eloquent, and spoke with sweetness and

C. Xn.] ON THE CHARACTEIl OF THE ORATOR. 19

grace on those matters which they discussed; let the sub- jects on which they spoke belong to other studies, but their speech itself, surely, is the peculiar offspring of that art of which we are now discoursing and inquiring. For we see that some have reasoned on the same subjects jejunely and dryly, as Chrysippus, whom they celebrate as the acutest of philosophers ; nor is he on this account to be thought to have been deficient in philosophy, because he did not gain the tal- ent of speaking from an art which is foreign to philosophy.

XII. Where then lies the difference? Or by what term will you discriminate the fertility and copiousness of speech in those whom I have named, from the barrenness of those who use not this variety and elegance of phrase % One thing there will certainly be, which those who speak well will exhibit as their own ; a graceful and elegant style, distinguished by a peculiar artifice and polish. But this kind of diction, if there be not matter beneath it clear and intelligible to the speaker, must either amount to nothing, or be received with ridicule by all who hear it. For what savoTS so much of madness^ as the empty sound of words, even the choicest and most ele- gant, when there is no sense or knowledge contained in them? Whatever be the subject of a speech, therefore, in whatever art or branch of science, the orator, if he has made himself master of it, as of his client's cause, will speak on it better and more elegantly than even the very originator and author of it can.i If, indeed, any one shall say that there are cer- tain trains of thought and reasoning properly belonging to orators, and a knowledge of certain things circumscribed with- in the limits of the forum, I will confess that our common speech is employed about these matters chiefly ; but yet there are many things, in these very topics, which those masters of rhetoric, as they are called, neither teach nor understand. For who is ignorant that the highest power of an orator con- sists in exciting the minds of men to anger, or to hatred, or to grief, or in recalling them from these more violent emotions to gentleness and compassion ? which power will never be able to efiect its object by eloquence, unless in him who has ob- tained a thorough insight into the nature of mankind, and all the passions of humanity, and those causes by which our minds are either impelled or restrained. But all these are ^ See Quintilian, ii., 21.

20 DE ORATORE ; OR, [b. I.

thought to belong to the philosophers, nor will the orator, at least with my consent, ever deny that such is the case ; but when he has conceded to them the knowledge of things, since they are willing to exhaust their labors on that alone, he will assume to himself the treatment of oratory, which without that knowledge is nothing. For the proper concern of an orator, as I have already often said, is language of power and elegance accommodated to the feelings and understandings of mankind.

XIII. " On these matters I confess that Aristotle and Theo- phrastus have written. ^ But consider, Sc^evola, whether this is not wholly in my favor. For I do not borrow from them what the orator possesses in common with them ; but they allow that what they say on these subjects belongs to oratory. Their other treatises, accordingly, they distinguish by the name of the science on which each is written ; their treatises on oratory they entitle and designate as books of rhetoric. For when, in their discussions (as often happens), such topics present themselves as require them to speak of the immortal gods, of piety, of concord, of friendship, of the common rights of their fellow-citizens, or those of all mankind, of the law of nations, of equity, of temperance, of greatness of mind, of every kind of virtue, all the academies and schools of philos- ophy, I imagine, will cry out that all these subjects are their property, and that no particle of them belongs to the orator. But when I have given them liberty to reason on all these subjects in corners to amuse their leisure, I shall give and as- sign to the orator his part, which is, to set forth with full power and attraction the very same topics which they discuss in such tame and bloodless phraseology. These points I then discussed with the philosophers in person at Athens, for Mar- cus Marcellus, our countryman, who is now curule aedile, obliged me to do so, and he would certainly have taken part in our present conversation, were he not now celebrating the public games ; for he was then a youth marvelously given to these studies.

" Of the institution of laws, of war, of peace, of alliances, of tributes, of the civil law as relating to various ranks and ages respectively, 2 let the Greeks say, if they will, that Ly-

^ Though they are philosophers, and not orators or rhetoricians.

• Dejui'e civili generatim in ordines cetatesque descripto. Instead of

C. XIV.] ON THE CHARACTER OP THE ORATOR. 21

curgus or Solon (although I think that these should be enrolled in the number of the eloquent) had more knowledge than Hy- pereides or Demosthenes, men of the highest accomplishments and refinement in oratory ; or let our countrymen prefer, in this sort of knowledge, the Decemviri who wrote the Twelve Tables, and who must have been wise men, to Servius Galba, and your father-in-law L^lius, who are allowed to have ex- celled in the glorious art of speaking. I, indeed, shall never deny that there are some sciences peculiarly well understood by those who have applied their whole study to the knowl- edge and consideration of them ; but the accomplished and complete orator I shall call him who can speak on all sub- jects with variety and copiousness. XIV. For often in those causes which all acknowledge properly to belong to orators, there is something to be drawn forth and adopted, not from the routine of the Forum, which is the only knowledge that you grant to the orator, but from some of the more obscure sciences. I ask whether a speech can be made for or against a general, without an acquaintance with military affairs, or often without a knowledge of certain inland and maritime countries? whether a speech can be made to the people about passing or rejecting laws, or in the senate on any kind of public transactions, without the greatest knowledge and judgment in political matters ? whether a speech can be adapted to excite or calm the thoughts and passions (which alone is a great business of the orator) without a most dili- gent examination of all those doctrines which are set forth on the nature and manners of men by the philosophers ? I do not know whether I may not be less successful in maintain- ing what I am going to say ; but I shall not hesitate to speak that which I think. Physics, and mathematics, and those other things which you just now decided to belong to other sciences, belong to the peculiar knowledge of those who pro- fess them ; but if any one would illustrate those arts by elo- quence, he must have recourse to the power of oratory. Nor,

civili, the old reading was civinm, in accordance with which Lambinus altered descripto into descriptor^um, Civili was an innovation of Ernesti, which Ellendt condemns, and retains civium ; observing that Cicero means Jwra civium publica singulis ordimbus et cetatibus assignata. *'By orc/me5,"says Ernesti, *'are meant patricians and plebeians, senators, knights, and classes in the census ; by cetates, younger and older per- sons."

22 DE OUATORE ; OR, [b. I.

if, as is said, Philo,^ the famous architect, who built an arsenal for the Athenians, gave that people an eloquent account of his work, is it to be imagined that his eloquence proceeded from the art of the architect, but from that of the orator. Or, if our friend Marcus Antonius had had to speak for Hermodorus^ on the subject of dock-building, he would have spoken, when he had learned the case from Hermodorus, with elegance and copiousness, drawn from an art quite unconnected with dock- building. And Asclepiades,^ whom we knew as a physician and a friend, did not, when he excelled others of his profession in eloquence, employ, in his graceful elocution, the art of physic, but that of oratory. What Socrates used to say, that all men are^ suj fficienthi elo quent in that which they understand^ is very prausible7l5ul! not {?uer*TTw(ml3T!ave been nearer truth to say that no man can be eloquent on a subject that he does not understand ; and that, if he understands a subject ever so well, but is ignorant how to form and polish his speech, he can not express himself eloquently even about what he does understand.

XY. " If, therefore, any one desires to define and compre- hend the whole and peculiar power of an orator, that man, in my opinion, will be an orator, worthy of so great a name, who, whatever subject comes before him, and requires rhetor- ical elucidation, can speak on it judiciously, in set form, ele- gantly, and from memory, and with a certain dignity of action. But if the phrase which I have used, " on whatever subject,' is thought by any one too comprehensive, let him retrench and curtail as much of it as he pleases ; but this I will main- tain, that though the orator be ignorant of what belongs to other arts and pursuits, and understands only what concerns the discussions and practice of the Forum, yet if he has to speak on those arts, he will, when he has learned what per- tains to any of them from persons who understand them, dis- course upon them much better than the very persons of whom those arts form the peculiar province. Thus, if our friend Sulpicius have to speak on military affairs, he will inquire

^ He is frequently mentioned by the ancients ; the passages relating to him have been collected by Junius, de Pictura in Catal. Artif. Emesti, See Plin., H. N.,vii., 38 ; Plut., SylL, c. 14 ; Val. Max., vii., 12.

2 A Roman ship-builder. See Turneb., Advers., xi., 2.

3 See PHn., H. N., vii., 37. Celsus often refers to his authority as the founder of a new party. Ellendt.

C. XVI.] ON THE CHARACTER OF THE ORATOR. 23

about them of my kinsman, Caius Marius,^ and when he has received information, will speak upon them in such a manner, that he shall seem to Marius to understand them better than himself. Or if he has to speak on the civil law, he will con- sult with you, and will excel you, though eminently wise and learned in it, in speaking on those very points which he shall have learned from yourself. Or if any subject presents itself, requiring him to speak on the nature and vices of men, on de- sire, on moderation, on continence, on grief, on death, perhaps, if he thinks proper (though the orator ought to have a knowl- edge of these things), he will consult with Sextus Pompeius,^ a man learned in philosophy. But this he will certainly ac- complish, that, of whatever matter he gains a knowledge, or from whomsoever, he will speak upon it much more elegantly than the very person from whom he gained the knowledge. But, since philosophy is distinguished into three parts, inqui- ries into the obscurities of physics, the subtleties of logic, and tiie knowledge of life and ^manners, let us, if Sulpicius will listen to me, leave the two former, and consult our ease ; but unless we have a knowledge of the third, which has always been the province of the orator, we shall leave him nothing in which he can distinguish himself The part of philosophy, therefore, regarding life and manners, must be thoroughly mastered by the orator ; other subjects, even if he has not learned them, he will be able, whenever there is occasion, to adorn by his eloquence, if they are brought before him and made known to him.

XVI. '^For it is allowed among the learned that Aratus, a man ignorant of astronomy, has treated of heaven and the constellations in extremely polished and excellent verses ; if Nicander,^ of Colophon, a man totally unconnected with the

^ The son of the great Caius Marius, seven times consul, had married Mucia, the daughter of the augur Scaevola. In Cicero's Oration for Balbus, also, c. 21, 49, where the merits of that eminent commander are celebrated, Crassus is called his affinis, relation by marriage. Hem^ichsen,

^ The uncle of Cneius Pompey the Great, who had devoted excellent talents to the attainment of a thorough knowledge of civil law, geom- etry, and the doctrines of the Stoics. See Cic, Brut., 47 ; Philipp., xii., 11; Beier, ad Off., i., 6, 19. JEllendt

^ Nicander, a physician, grammarian, and poet, flourished in the time of Attains, the second king of Pergamus, about fifty years before Christ. His Theriaca and Alexipharmaca are extant ; his Georgica, to which Cicero here alludes, has perished, Henrichsen.

24 DE oratoke; or, [b. I.

country, has written well on rural affairs, with the aid of poetical talent, and not from understanding husbandry, what reason is there why an orator should not speak most eloquent- ly on those matters of which he shall have gained a knowl- edge for a certain purpose and occasion? For the poet is nearly allied to the orator; being somewhat more restricted in numbers, but less restrained in the choice of words, yet in many kinds of embellishmen^J^s rival and almost equal ; in one respect, assuredly, nearly the same, that he circumscribes or bounds his jurisdiction by no limits, but reserves to him- self full right to range wherever he pleases with the same ease and liberty. For why did you say, Scaevola,^ that you would not endure, unless you were in my domain, my assertion, that the orator ought to be accomplished in every style of speak- ing, and in every part of polite learning ? I should certainly not have said this if I had thought myself to be the orator whom I conceive in my imagination. But, as Caius Luciiius used frequently to say (a man not very friendly to you,^ and on that account less familiar with me than he could wish, but a man of learning and good breeding), I am of this opinion, that no one is to be numbered among orators who is not thoroughly accomplished in all branches of knowledge requisite for a man of good breeding ; and though we may not put for- ward such knowledge in conversation, yet it is apparent, and indeed evident, whether we are destitute of it, or have acquired it ; as those who play at tennis do not exhibit, in playing, the gestures of the palaestra, but their movements indicate whether they have learned those exercises or are unacquainted with them ; and as those who shape out any thing, though they do not then exercise the art of painting, yet make it clear whether they can paint or not; so in orations to courts of justice, be- fore the people, and in the senate, although other sciences have no peculiar place in them, yet is it easily proved wheth- er he who speaks has only been exercised in the parade of declamation, or has devoted himself to oratory after having been instructed in all liberal knowledge."

^ See c. X.

2 It is Luciiius the Satirist that is meant. What cause there had been for unfriendliness between him and Scsevola is unknown ; perhaps he might have spoken too freely, or made some satirical remark on the accusation of Scaevola by Albucius for bribery, on which there are some verses in b. iii., c. 43. Ellendt,

C. XVII.] ON THE CHARACTER OF THE ORATOR. 25

XYII. Then Scaevola, smiling, said: "1 will not struggle with you any longer, Crassus ; for you have, by some artifice, made good what you asserted against me, so as to grant me whatever I refused to allow to the orator, and yet so as to wrest from me those very things again I know not how, and to transfer them to the orator as his property. ^ When I went as praetor to Rhodes, and communicated to' Apollonius, that famous instructor in this profession, what I had learned from Fan^etius, Apollonius, as was his manner, ridiculed these mat- ters,2 threw contempt upon philosophy, and made many other observations with less wisdom than wit ; but your remarks were of such a kind as not to express contempt for any arts or sciences, but to admit that they are all attendants and handmaids of the orator ; and if ever any one should compre- hend them all, and the same person should add to that knowl- edge the powers of supremely elegant oratory, I can not but say that he would be a man of high distinction and worthy of the greatest admiration. But if there should be such a one, or indeed has ever been, or can possibly be, you alone would be the person ; who, not only in my judgment, but in that of all men, have hardly left to other orators (I speak it with deference to this company) any gloiy to be acquired. If, however, there is in yourself no deficiency of knowledge pertaining to judicial and political affairs, and yet you have not mastered all that additional learning which you assign to the complete orator, let us consider whether you do not attrib- ute to him more than possibility and truth itself will allow." Here Crassus rejoined: '^Remember that I have not been speaking of my own talents, but of those of the true orator. For what have I either learned or had a possibility of know- ing, who entered upon pleading before I had any instruction ;

^ You granted me all that I desired when you said that all arts and sciences belong, as it were, respectively to those who have invented, or profess, or study them ; .... but when you said that those arts and sciences are necessary to the orator, and that he can speak upon them if he wishes, with more elegance and effect than those who have made them their peculiar study, you seemed to take them all from me again, and to transfer them to the orator as his own property. Proust,

^ Orellius reads Hcec — iri^isit, where the reader will observe that the pronoun is governed by the verb. Ellendt and some others read Qucb instead of Hcec, Several alterations have been proposed, but none of them bring the sentence into a satisfactory state.

B

26 DE oratore; or, [b. I.

whom the pressure of business overtasked amid the occupa- tions of the forum, of canvassing, of public aiFairs, and the management of the causes of friends, before I could form any- true notion of the importance of such great employments'? But if there seem to you to be so much in me, to whom, though capacity, as you think, may not greatly have been wanting, yet to whom learning, leisure, and that keen appli- cation to study which is so necessary, have certainly been wanting, what do you think would be the case if those ac- quirements, which I have not gained, should be united to some greater genius than mine? How able, how great an orator, do you think, would he prove f

XVIII. Antonius then observed : You prove to me, Cras- sus, what you advance ; nor do I doubt that he will have a far greater fund of eloquence who shall have learned the reason and nature of every thing and of all sciences. But, in the first place, this is difficult to be achieved, especially in such a life as ours and such occupations ; and next, it is to be feared that we may, by such studies, be drawn away from our exercise and practice of speaking before the people and in the forum. The eloquence of those men whom you mentioned a little before, seems to me to be of a quite different sort, though they speak with grace and dignity, as well on the na- ture of things as on human life. Theirs is a neat and florid kind of language, but more adapted for parade and exercise in the schools, than for these tumults of the city and forum. For when I, who late in life, and then but lightly, touched upon Greek learning, was going as proconsul into Cilicia, and had arrived at Athens, I waited there several days on account of the difficulty of sailing ; and as I had every day with me the most learned men, nearly the same that you have just now named, and a report, I know not how, had spread among them that I, like you, was versed in causes of great importance, every one, according to his abilities, took occasion to discourse upon the office and art of an orator. Some of them, as Mne- sarchus himself, said, that those whom we call orators were nothing but a set of mechanics with glib and well-practiced tongues, but that no one could be an orator but a man of true wisdom ; and that eloquence itself, as it consisted in the art of speaking well, was a kind of vittye,^ and that he who pos-

^ The Stoics called eloquence one of their virtues. See Quintilian, ii., 20. .^^,

C. XIX.] ON THE CHARACTER OF THE ORATOR. 27

sessed one virtue possessed all, and that virtues were in them- selves equal and alike ; and thus he who was eloquent pos- sessed all virtues, and was a man of true wisdom. But their phraseology was intricate and dry, and quite unsuited to my taste. Charmadas indeed spoke much more diffusely on those topics; not that he delivered his own opinion (for it is the hereditary custom of every one in the Academy to take the part of opponents to all in their disputations), but what he chiefly signified was, that those who were called rhetoricians, and laid down rules for the art of speaking, understood noth- ing ; and that no man could attain any command of eloquence who had not mastered the doctrines of the philosophers.

XIX. " Certain men of eloquence at Athens, versed in pub- lic affairs and judicial pleadings, disputed on the other side ; among whom was Menedemus, lately my guest at Rome ; but when he had observed that there is a sort of wisdom which is employed in inquiring into the methods of settling and man- aging governments, he, though a ready speaker, was promptly attacked by the other, ^ a man of abundant learning, and of an almost incredible variety and copiousness of argument; who maintained that every portion of such wisdom must be de- rived from philosophy, and that whatever was established in a state concerning the immortal gods, the discipline of youth, justice, patience, temperance, moderation in every thing, and other matters, without which states would either not subsist at all, or be corrupt in morals, was nowhere to be found in the petty treatises of the rhetoricians. For if those teachers of rhetoric included in their art such a multitude of the most important subjects, why, he asked, were their books crammed with rules about proems and perorations, and such trifles (for so he called them), while about the modeling of states, the composition of laws, about equity, justice, integrity, about mas- tering the appetites, and forming the morals of mankind, not one single syllable was to be found in their pages? Their pre- cepts he ridiculed in such a manner, as to show that the teach- ers were not only destitute of the knowledge which they arro- gated to themselves, but that they did not even know the prop- er art and method of speaking ; for he thought that the prin- cipal business of an orator was, that he might appear to those to whom he spoke to be such as he would wish to appear (that

^ Charmadas.

28 DE ORATORE ; OR, [b. I.

this was to be attained by a life of good reputation, on which those teachers of rhetoric had laid down nothing in their pre- cepts) ; and that the minds of the audience should be affected in such a manner as the orator would have them to be affect- ed, an object, also, which could by no means be attained, un- less the speaker understood by what methods, by what argu- ments, and by what sort of language the minds of men are moved in any particular direction ; but that these matters were involved and concealed in the profoundest doctrines of philosophy, which these rhetoricians had not touched even with the extremity of their lips. These assertions Menede- mus endeavored to refute, but rather by authorities than by arguments ; for, repeating from memory many noble passages from the orations of Demosthenes, he showed that the orator, while he swayed the minds of judges or of the people by his eloquence, was not ignorant by what means he attained his end, which Charmadas denied that any one could know with- out philosophy.

XX. " To this Charmadas replied, that he did not deny that Demosthenes was possessed of consummate ability and the utmost energy of eloquence ; but whether he had these powers from natural genius, or because he was, as was ac- knowledged, a diligent hearer of Plato, it was not what De- mosthenes could do, but what the rhetoricians taught, that was the subject of inquiry. Sometimes, too, he was carried so far by the drift of his discourse as to maintain that there was no art at all in speaking; and having shown by various arguments that we are so formed by nature as to be able to flatter, and to insinuate ourselves, as suppliants, into the favor of those from whom we wish to obtain any thing, as well as to terrify our enemies by menaces, to relate matters of fact, to confirm what we assert, to refute what is said against us, and, finally, to use entreaty or lamentation; particulars in which the whole faculties of the orator are employed ; and that practice and exercise sharpened the understanding, and produced fluency of speech, he rested his cause, in conclusion, on a multitude of examples that he adduced ; for first, as if stating an indisputable fact,^ he afiirmed that no writer on

^ Quasi deditd opera. As if Charmadas himself had collected all the writers on the art of rhetoric, that he might be in a condition to prove what he now asserted ; or, as if the writers on the art of rhetoric them-

.61901

C. XXI.] ON THE CHARACTER OF THE ORATOR. 29

the art of rhetoric was ever even moderately eloquent, going back as far as I know not what Corax and Tisias,^ who, he said, appeared to be the inventors and first authors of rhe- torical science ; and then named a vast number of the most eloquent men who had neither learned, nor cared to under- stand the rules of art, and among whom (whether in jest, or because he thought, or had heard something to that effect) he instanced me as one who had received none of their instruc- tions, and yet, as he said, had some abilities as a speaker; of which two observations I readily granted the truth of one, that I had never been instructed, but thought that in the oth- er he was either joking with me, or was under some mistake. But he denied that there was any art, except such as lay in things that were known and thoroughly understood, things tending to the same object, and never misleading; but that every thing treated by the orators was doubtful and uncertain ; as it was uttered by those who did not fully understand it, and was heard by them to whom knowledge was not meant to be communicated, but merely false, or at least obscure no- tions, intended to live in their minds only for a short time. In short, he seemed bent on convincing me that there was no art of speaking, and that no one could speak skillfully, or so as fully to illustrate a subject, but one who had attained that knowledge which is delivered by the most learned of the philosophers. On which occasions Charmadas used to say with a passionate admiration of your genius, Crassus, that I appeared to him very easy in listening, and you most perti- nacious in disputation,

XXI. "Then it was that I, swayed by this opinion, re- marked in a little treatise^ which got abroad, and into peo- ple's hands, without my knowledge and against my will, that I had known many good speakers, but never yet any one that was truly eloquent ; for I accounted him a good speaker who could express his thoughts with accuracy and perspicuity, ac-

selves had purposely abstained from attempting to be eloquent. But Charmadas was very much in the wrong ; for Gorgias, Isocrates, Protag- oras, Theophrastus, and other teachers of rhetoric were eminent for elo- quence. Proust,

^ Two Sicilians, said to have been the most ancient writers on rheto- ric. See Quintihan, iii., 1.

^ See c. 47. — Cicero speaks of it as exilis, poor and dry, Brut., 44 ; Orat., 5.

so DE OEATORE ; OR, [b. I.

cording to the ordinary judgment of mankind, before an audi- ence of moderate capacity ; but I considered him alone elo- quentj who could in a more admirable and noble manner am- pj^y and adorn whatever subjects he chose, and who embraced in thought and memory all the principles of every thing relat- ing to oratory. This, though it may be difficult to us, who, before we begin to speak in public, are overwhelmed by can- vassings for office and by the business of the forum, is yet within the range of possibility and the powers of nature. For I, as far as I can divine by conjecture, and as far as I can estimate the abiHties of our countrymen, do not despair that there may arise at some time or other a person, who, when, with a keener devotion to study than we feel, or have ever felt, with more leisure, with better and more mature talent for learning, and with superior labor and industry, he shall have given himself up to hearing, reading, and writing, may become such an orator as we desire to see — one who may justly be called not only a good speaker, but truly eloquent ; and such a character, in my opinion, is our friend Crassus, or some one, if such ever was, of equal genius, who, having heard, read, and written more than Crassus, shall be able to make some little addition to it."

Here Sulpicius observed : " That has happened by acci- dent, Crassus, which neither Cotta nor I expected, but which we both earnestly desired — I mean, that you should insensibly glide into a discourse of this kind. For, as we were coming hither, we thought it would be a pleasure, if, while you were talking on other matters, we might gather something worthy to be remembered 'from your conversation ; but that you should go into a deep and full discussion on this very study, or art, or faculty, and penetrate into the heart of it, was what we could scarcely venture to hope. For I, who from my early youth have felt a strong affection for you both, and even a love for Crassus, having never left his company, could never yet elicit a word from him on the method and art of speaking, though I not only solicited him myself, but endeav- ored to move him by the agency of Drusus ; on which subject you, Antonius (I speak but the truth), never failed to answer my requests and interrogatories, and have very often told me what you used to notice in speaking. And since each of you has opened a way to these subjects of our research, and since

C. XXII.] ON THE CHARACTER OF THE ORATOR. 31

Crassus was the first to commence this discourse, do us the favor to acquaint us fully and exactly what you think about the various kinds of eloquence. If we obtain this indulgence from you, I shall feel the greatest obligation to this school of yours, Crassus, and to your Tusculan villa, and shall prefer your suburban place of study to the famous Academy and Lyceum."

XXII. "Nay rather, Sulpicius," rejoined Crassus, "let us ask Antonius, who is both capable of doing what you desire, and, as I hear you say, ha« been accustomed to do so. As to myself, I acknowledge that I have ever avoided all such kind of discourse, and have often declined to comply with your requests and solicitations, as you just now observed. This I did, not fronjupride or want of politeness, nor because I was unwilling to aid your just and commendable aspirations, especially as I knew you to be eminently and above others formed and qualified by nature to become a speaker, but, in truth, from being unaccustomed to such kind of discussions, and from being ignorant of those principles which are laid down as institutes of the art." "Then," said Cotta, "since we have got over what we thought the greatest difficulty, to induce you, Crassus, to speak at all upon these subjects, for the rest, it will be our own fault if we let you go before you have explained all that we have to ask." "I believe I must answer," says Crassus, "as is usually written in the formulae for entering on inheritances, ^ concerning such points AS I KNOW AND SHALL BE ABLE." "And which of US," re- joined Cotta, " can be so presuming as to desire to know or to be able to do any thing that you do not know or can not dof "Well, then," returned Crassus, "on condition that I may say that I can not do what I can not do, and that I may own that I do not know what I do not know, you may put questions to me at your pleasure." " We shall, then, first ask of you," said Sulpicius, " what you think of what Anto- nius has advanced; whether you think that there is any art in speaking?" " What!" exclaimed Crassus, "do you put a trifling question to me, as to some idle and talkative, though

^ Cretionibus. An heir was allowed a certain time to determine, cernere^ whether he would enter upon an estate bequeathed to him, or not. See Cic., ad Att., xi., 12 ; xiii., 46; Gaius, Instit., ii., 164; Ul- pian, Fragm., xxii., 27; Heinecc, Syntagm., ii., 14, 17.

32 DE oratore; or, [b. I.

perhaps studious and learned Greek, on which I may speak according to my humor ! When do you imagine that I have ever regarded or thought upon such matters, or have not al- ways rather ridiculed the impudence of those men who, seated in the schools, would demand if any one, in a numerous as- sembly of persons, wished to ask any question, and desire him to speak? This Gorgias the Leon tine is said to have first done, who was thought to undertake and promise something vast, in pronouncing himself prepared to speak on all subjects on which any one should be inclined to hear him. But aft- erward those men made it a common practice, and continue it to this day; so that there is no topic of such importance, or so unexpected, or so new, on which they do not profess that they will say all that can be said. But if I had thought that you, Cotta, or you, Sulpicius, were desirous to hear such matters, I would have brought hither some Greek to amuse you with their manner of disputation ; for there is with M. Piso^ (a youth already addicted to this intellectual exercise, and one of superior talents, and of great affection for me) the peripatetic Staseas, a man with whom I am well acquainted, and who, as I perceive is agreed among the learned, is of the first eminence in his profession."

XXIIT. Why do you speak to me," says Scsevola, "of this Staseas, this peripatetic'? You must comply with the wishes of these young gentlemen, Crassus, who do not want the common, profitless talk of any Greek, or any empty dec- lamations of the schools, but desire to know the opinions of a man in whose footsteps they long to tread — one who is the wisest and most eloquent of all men, who is not distinguished by petty books of precepts, but is the first, both in judgment and oratory, in causes of the greatest consequence, and in this seat of empire and glory. For my part, as I always thought you a god in eloquence, so I have never attributed to you greater praises for oratory than for politeness ; which you ought to show on this occasion especially, and not to decline a discussion on which two young men of such excellent ability invite you to enter." " I am certainly," replied Crassus, " de- sirous to oblige them, nor shall I think it any trouble to speak

^ Marcus Pupius Piso Calpurnianus, to whom Cicero was introduced by his father, that he might profit hy his learning and experience. See Ascon., Ped. ad Pis., 26; Cic, Brut., 67 ; De Nat. De., i., 7, 16.

C. XXIV.] ON THE CHARACTER OF THE ORATOR. 33

briefly, as is my manner, what I think upon any point of the subject. And to their first question (because I do not think it right for me to neglect your admonition, Scgevola), I answer, that I think there is either no art of speaking at all, or but very little ; but that all the disputation about it among the learned arises from a difference of opinion about the word. For if art is to be defined according to what Antonius just now asserted,^ as lying in things thoroughly understood and fully known, such as are abstracted from the caprice of opin- ion and comprehended in the limits of science, there seems to me to be no art at all in oratory ; since all the species of our forensic diction are various, and suited to the common under- standing of the people. Yet if those things which have been observed in the practice and method of speaking have been noted and chronicled by ingenious and skillful men, have been set forth in words, illustrated in their several kinds, and dis- tributed into parts (as I think may possibly be done), I do not understand why speaking may not be deemed an art, if not according to the exact definition of Antonius, at least accord- ing to common opinion. But whether it be an art, or merely the resemblance of an art, it is not, indeed, to- be neglected ; yet we must understand that there are other things of more consequence for the attainment of eloquence."

XXIV. Antonius then observed, that he was very strongly of opinion with Crassus ; for he neither adopted such a defini- tion of art as those preferred who attributed all the powers of eloquence to art, nor did he repudiate it entirely, as most of the philosophers had done. " But I imagine, Crassus," added he, "that you will gratify these two young men, if you will specify those particulars which you think may be more con- ducive to oratory than art itself." "I will indeed mention them," said he, " since I have engaged to do so, but must beg you not to publish my trifling remarks : though I will keep myself under such restraint as not to seem to speak like a master, or artist, but like one of the number of private citi- zens, moderately versed in the practice of the forum, and not altogether ignorant ; not to have ofiered any thing from my- self, but to have accidentally fallen in with the course of your conversation. Indeed, when I was a candidate for ofifice, I used, at the time of canvassing, to send away Sc^vola from

^ Cap. XX. B2

34 DE ORATORE ; OR, [b. I.

me, telling him I wanted to be foolish, that is, to. solicit with flattery, a thing that can not be done to any purpose unless it be done foolishly ; and that he was the only man in the world in whose presence I should least like to play the fool; and yet fortune has appointed him to be a witness and spectator of my folly. ^ For what is more foolish than to speak about speaking, when speaking itself is never otherwise than foolish, except it is absolutely necessary f " Proceed, however, Cras- sus," said Scaevola; '^for I will take upon myself the blame

ich you fear."

XXV. ^'I am, then, of opinion," said Crassus, "that nature and genius in the first place contribute most aid to speaking ; afid that to those writers on the art, to whom Antonius just now alluded, it was not skill and method in speaking, but natural talent that was wanting; for there ought to be cer- tain lively powers in the mind^ and understanding, which may be acute to invent, fertile to explain and adorn, and strong and retentive to remember; and if any one imagines that these powers may be acquired by art (which is false, for it is very well if they can be animated and excited by art; but they certainly can not by art be ingrafted or instilled, since they are all the gifts of nature), what will he say of those qualities which are certainly born with the man himself, volu- bility of tongue, tone of voice, strength of lungs, and a peculiar conformation and aspect of the jvjiple CQuntenan^e^ajiiijbfiKiy'? I do not say that art can not improve in these particulars (for I am not ignorant that what is good may be made better by education, and what is not very good may be in some degree polished and amended) ; but there are some persons so hesi- tating in their speech, so inharmonious in their tone of voice, or so unwieldy and rude in the air and movements of their bodies, that, whatever power they possess either from genius or art, they can never be reckoned in the number of accom- plished speakers ; while there are others so happily qualified in these respects, so eminently adorned with the gifts of na- ture, that they seem not to have been born like other men,

^ See Val. Max., iv., 5, 4.

^ Anitni atque ingenii celeres quidam matus. This sense of inotus, as Ellendt observes, is borrowed from the Greek KivquiQ^ by which the phi- losophers intimated an active power ^ as, without motion, all things would remain unchanged, and nothing be generated. See Matth., ad Cic. pro Sext., 67, 143.

C. XXVI.] ON THE CHARACTER OF THE ORATOR. 35

.buLmowMed., by. soma divinity. It is, indeed, a great task and enterprise for a person to undertake and profess, that while every one else is silent, he alone must^be_ heard ^on the most important subjects, and in a large assembly of men ; for there is scarcely any one present v^ho is not sharper and quicker to discover defects in the speaker than merits ; and thus what- ever offends the hearer effaces the recollection of what is wor- thy of praise, l I do not make these observations for tlie pur- pose of allogether deterring young men from the study of oratory, even if they be deficient in some natural endowments. For who does not perceive that to C. Cselius, my contempo- rary, a new man, the mere mediocrity in speaking, which he was enabled to attain, was a great honor? Who does not know that Q. Varius, your equal in age, a clumsy, uncouth man, has obtained his great popularity by the cultivation of such faculties as he has ?

XXVI. But as our inquiry regards the complete ora- tor, we must imagine, in our discussion, an orator from whom every kind of fault is abstracted, and who is adorned with every kind of merit. For if the multitude of suits, if the va- riety of causes, if the rabble and barbarism of the forum afford room for even the most wretched speakers, we must not, for that reason, take our eyes from the object of our inquiry. In those arts, in which it is not indispensable usefulness that is sought, but liberal amusement for the mind, how nicely, how almost fastidiously, do we judge ! For there are no suits or controversies which can force men, though they may tolerate indifferent orators in the forum, to endure also bad actors upon the stage. The orator therefore must take the most studious precaution not merely to satisfy those whom he neces- sarily must satisfy, but to seem worthy of admiration to those who are at liberty to judge disinterestedly. If you would know what I myself think, I will express to you, my intimate friends, what I have hitherto never mentioned, and thought that I never should mention. To me, those who speak best, and speak with the utmost ease and grace, appear, if they do not . commence their speeches wi^],]^ sgme timidity^ and show some confusion in the exordium, to have almost lost the sense of shame, though it is impossible that such should not be the case ;^ for the better qualified a man is to speak, the more he

^ Tametsl id acddere non potest, ■ Quamvis id fieri non possit, ut qui optim^ dicit, in exordio non perturbetur." Proust.

36 DE ORATORE ; OR, [b. I.

fears the difficulties of speaking, the uncertain success of a speech, and the expectation of the audience. But he who can produce and deliver nothing worthy of his subject, nothing worthy of the name of an orator, nothing worthy the attention of his audience, seems to me, though he be ever so confused while he is speaking, to be downright shameless ; for we ought to avoid a character for shamelessness, not by testifying shame, but by not doing that which does not become us. But the speaker who has no shame (as I see to be the case with many) I regard as deserving, not only of rebuke, but of personal casti- gation. Indeed, what I often observe in you I very frequently experience in myself, that I turn pale in the outset of my speech, and feel a tremor through my whole thoughts, as it were, and limbs. When I was a young man, I was on one occasion so timid in commencing an accusation, that I owed to Q. Maximus^ the greatest of obligations for immediately dismissing the assembly, as soon as he saw me absolutely dis- heartened and incapacitated through fear." Here they all signified assent, looked significantly at one another, and began to talk together ; for there was a wonderful modesty in Cras- sus, which, however, was not only no disadvantage to his ora- tory, but even an assistance to it, by giving it the recom- mendation of probity.

XXYII. Antonius soon after said, "I have often observed, as you mention, Crassus, that both you and other most ac- complished orators, although in my opinion none was ever equal to you, have felt some agitation in entering upon their speeches. When I inquired into the reason of this, and con- sidered why a speaker, the more ability he possessed, felt the greater fear in speaking, I found that there were two causes of such timidity : one, that those whom experience and nature had formed for speaking, well knew that the event of a speech did not always satisfy expectation even in the greatest ora- tors ; and thus, as often as they spoke, they feared, not with- out reason, that what sometimes happened might happen then ; the other (of which I am often in the habit of complaining) is, that men, tried and approved in other arts, if they ever do any thing with less success than usual, are thought either to

^ He seems to be Quintus Fabius Maximus Eburnus, who v/as consul A.u.c. 638, and who, it is probable, presided as praetor on the occasion of which Crassus speaks. Ellendt,

C. XXVni.] ON THE CHARACTER OF THE ORATOR. 37

have wanted inclination for it, or to have failed in performing what they knew how to perform from ill health. ' Roscius/ they say, ^ would not act to-day,' or, 'he was indisposed.' But if any deficiency is seen in the orator, it is thought to proceed from want of sense ; and want of sense admits of no excuse, because nobody is supposed to have wanted sense be- cause he ' was indisposed,' or because ' such was his inclina- tion.' Thus we undergo a severer judgment in oratory, and judgment is pronounced upon us as often as we speak ; if an actor is once mistaken in an attitude, he is not immediately considered to be ignorant of attitude in general; but if any fault is found in a speaker, there prevails forever, or at least for a very long time, a notion of his stupidity.

XXVIII. "But in what you observed as to there being many things in which, unless the orator has a full supply of them from nature, he can not be much assisted by a master, I agree with you entirely; and, in regard to that point, I have always expressed the highest approbation of that emi- nent teacher, Apollonius of Alabanda,^ who, though he taught for pay, would not suffer such as he judged could never become orators, to lose their labor with him ; and he sent them away with exhortations and encouragements to each of them to pur- sue that peculiar art for which he thought him naturally quali- fied. To the acquirement of other arts it is sufficient for a person to resemble a man, and to be able to comprehend in his mind, and retain in his memory, what is instilled, or, if he is very dull, inculcated into him; no volubility of tongue is requisite, no quickness of utterance ; none of those things which we can not form for ourselves, aspect, countenance, look^joice.^; But in an orator, the acuteness of the logicians, .^

le wisHom of the philosophers, the language almost of poetry, the memory of lawyers, the voice of tragedians, the gesture almost of the best actors, is required. Nothing, therefore, is more rarely found among mankind than a consummate ora- tor ; for qualifications which professors of other arts are com- mended for acquiring in a moderate degree, each in his re- spective pursuit, will not be praised in the orator, unless they ^ are all combined in him in the highest possible excellence." "^

" Yet observe," said Crassus, " how much more diligence

A town of Caria. The Apollonius mentioned above, c. 17, was Apollonius Molo, a native of Rhodes. Proust,

38 DE oratoke; or, [b. i.

is used in one of the light and trivial arts than in this, which is acknowledged to be of the greatest importance ; for I often hear Roscius say that ' he could never yet find a scholar that he was thoroughly satisfied with; not that some of them were not worthy of approbation, but because, if they had any fault, he himself could not endure it.' Nothing, indeed, is so much noticed, or makes an impression of such lasting contin- uance on the memory, as that in which you give any sort of offense. To judge, therefore, of the accomplishments of the orator by comparison with this stage-player, do you not ob- serve how every thing is done by him unexceptionably ; every thing with the utmost grace ; every thing in such a way as is becoming, and as moves and delights all % He has according- ly long attained such distinction, that in whatever pursuit a man excels, he is called a lioscius in his art. For my own part, while I desire this finish and perfection in an orator, of which I fall so far short myself, I act audaciously ; for I wish indulgence to be granted to myself, while I grant none to oth- ers ; for I think that he who has not abilities, who is faulty in action, who, in short, wants a graceful manner, should be sent off, as Apollonius advised, to that for which he has a capacity."

XXIX. "Would you then," said Sulpicius, "desire me, or our friend Cotta, to learn the civil law, or the military art?^ for who can ever possibly arrive at that perfection of yours, that high excellence in every accomplishment?" "It was," replied Crassus, "because I knew that there was in both of you excellent and noble talents for oratory, that I have ex- pressed myself fully on these matters ; nor have I adapted my remarks more to deter those who had not abilities, than to encourage you who had ; and though I perceive in you both consummate capacity and industry, yet I may say that the advantages of personal appearance, on which I have per- haps said more than the Greeks are wont to say, are in you, Sulpicius, even godlike. For any person better qualified for this profession by gracefulness of motion, by his very carriage and figure, or by the fuUness and sweetness of his voice, I think that I have never heard speak ; endowments which those, to whom they are granted by nature in an inferior de-

^ The young Roman nobles were accustomed to pursue one of three studies, jurisprudence, eloquence, or war. Proust,

C. XXX.] ON THE CHARACTER OF THE ORATOR. 39

gree, may yet succeed in managing, in such measure as they possess them, with judgment and skill, and in such a manner as not to be unbecoming ; for that is what is chiefly to be avoided, and concerning which it is most difficult to give any rules for instruction, not only for me, who talk of these mat- ters like a private citizen, but even for Roscius himself, whom I often hear say ^ that the most essential part of art is to be becoming, which yet is the only thing that can not be taught by art. But, if it is agreeable, let us change the subject of conversation, and talk like ourselves a little^ not like rheto- ricians." * ' ' ' "'""^

" By no means," said Cotta, "for we must now entreat you (since you retain us in this study, and do not dismiss us to any other pursuit) to tell us something of your own abilities, whatever they are, in speaking ; for we are not inordinately ambitious ; we are satisfied with that mediocrity of eloquence of yours ; and what we inquire of you is (that we may not attain more than that humble degree of oratory at which you have arrived)^ what you think, since you say that the endow- ments to be derived from nature are not very deficient in us, we ought to endeavor to acquire in addition."

XXX. Crassus, smiling, replied, "What do you think is wanting to you, Cotta, but a passionate inclination, and a sort of ardor like that of love, without which no man will ever attain any thing great in life, and especially such distinction as you desire ? Yet I do not see that you need any encour- agement to this pursuit ; indeed, as you press rather hard even upon me, I consider that you burn with an extraordinarily fervent affection for it. But I am aware that a desire to reach any point avails nothing, unless you know what will lead and bring you to the mark at which you aim. Since, therefore, you lay but a light burden upon me, and do not question me about the whole art of the orator, but about my own ability, little as it is, I will set before you a course, not very obscure, or very difficult, or grand, or imposing, the course of my own practice, which I was accustomed to pursue when I had opportunity, in my youth, to apply to such studies."

"O day much wished for by us, Cotta!" exclaimed Sul- picius ; " for what I could never obtain, either by entreaty, or stratagem, or scrutiny (so that I was unable, not only to see ^ Cotta speaks ironically.

40 DE ORATORE; OR, [b. I.

what Crassus did, with a view to meditation or composition, but even to gain a notion of it from his secretary and reader, Diphilus), I hope we have now secured, and that we shall learn from himself all that we have long desired to know."

XXXL I conceive, however," proceeded Crassus, " that when you have heard me, you will not so much admire what I have said, as think that, when you desired to hear, there was no good reason for your dei^^ire ; for I shall say nothing abstruse, nothing to answer your expectation, nothing either previously unheard by you, or new to any one. In the first place, I will not deny that, as becomes a man well born and liberally educated, I learned those trite and common precepts of teachers in general ; first, that it is the business of an ora- tor to speak in a manijgf adapted to persuade ; next, that every speech is either upon a question concerning a matter in general, without specification of persons or times, or concern- ing a matter referring to certain persons and times. But that, in either case, whatever falls under controversy, the question with regard to it is usually, whether such a thing has been done, or, if it has been done, of what nature it is, or by what name it should be called ; or, as some add, whether it seems to have been done rightly or not. That controversies arise also on the interpretation of writing, in which any thing has been expressed ambiguously, or contradictorily, or so that what is written is at variance with the writer's evident inten- tion ; and that there are certain lines of argument adapted to all these cases. But that of such subjects as are distinct from general questions, part come under the head of judicial pro- ceedings, part under that of deliberations ; and that there is a third kind which is employed in praising or censuring par- ticular persons. That there are also certain commonplaces on which we may insist in judicial proceedings, in which equity is the object ; others, which we may adopt in delibera- tions, all which are to be directed to the advantage of those to whom we give counsel ; others in panegyric, in which all must be referred to the dignity of the persons commended. That, since all the business and ar t of an orator is divic[ed into five parts, ^ he ought firsFtoTmd^"biit ^\TiaJ^^^ say ; next, to

Srispose and arrange his matter, not only in a certain order,

^ Invention, riispnsit jnn^ p.mhftlli^Iimenty memory, and delivery. See ii., 10. Ellendt. ^.^,.,. ""■"■ "^ - ■■■..v^--^. - ■

C. XXXII.] ON THE CHARACTER OF THE ORATOR. 41

but with a sort of power and judgment ; then to clothe and deck his thoughts with language ; then to secure them in his memory ; and, lastly, to deliver them with dignity and grace. I had learned and understood also, that before we enter upon the main subject^ the rnind^^^

ciliated by ah exordium ; next, that the case should be clearly^ stated; then, that the point in controversy should be estab- lished ; then, that what we maintain should be supported by proof, and that whatever was said on the other side should be refuted ; and that, in the conclusion of our speech j whatever was in our favor should be amplified and enforced, and what- ever made for our adversari es sh ould be weakened and invali- dated. -.^■— - — •■-•-'- — .V..'.- v..>,. •---.^,.,_,

XXXII. I had heard also what is taught' about the cos- tume of a speech ; in regard to which it is first directed that we should speak correctly and in pure Latin ; next, intelli- gibly and with perspicuity ; then gracefully ; then suitably to the dignity of the subject, and as it were becomingly ; and I had made myself acquainted with the rules relating to every particular. Moreover, I had seen art applied to those things which are properly endowments of nature ; for I had gone over some precepts concerning action, and some concerning artificial memory, which were short indeed, but requiring much exercise ; matters on which almost all the learning of those artificial orators is employed ; and if I should say that it is of no assistance, I should say what is not true; for it conveys some hints to admonish the orator, as it were, to what he should refer each part of his speech, and to what points he may direct his view, so as not to wander from the object which he has proposed to himself. But I confer thaFH with regard to all precepts the case is this, iToTthat orators | by adhering to them have obtained distinction in eloquence, but that certain persons have noticed what men of eloquence practiced of their own accord, and formed rules accordingly ;^ so that eloquence has not sprung from art, but art from elo- q uenc e ; not that, as I said before, I entirely reject art, for it is, though not essentially necessary to oratory, yet proper

^ Atque id egisse. Most critics have supposed these words in some way faulty. Gesner conjectured atque digessisse; Lambinus, atque in artem redegisse ; Ernesti, ad artemque redegisse. Ellendt supposes that id egisse may mean ei rei operam dedisse.

/

42 DE oratore; or, [e. I.

for a man of liberal education to learn. And by you, my young friends, some preliminary exercise must be undergone, though indeed you are already on the course ; but those^ who are to enter upon a race, and those who are preparing for what is to be done in the forum, as their field of battle, may alike previously learn, and try their powers by practicing in sport." " That sort of exercise," said Sulpicius, is just what we wanted to understand; but we desire to hear more at large what you have briefly and cursorily delivered concern- ing art, though such matters are not strange even to us. Of that subject, however, we shall inquire hereafter ; at present we wish to know your sentiments on exercise."

XXXIIL "I like that method," replied Crassus, "which you are accustomed to practice, namely, to lay down a case similar to those which are brought on in the forum, and to speak upon it, as nearly as possible, as if it were a real case.'-^ But in such efforts the generality of students exercise only their voice (and not even that skillfully), and try their strength of lungs, and volubility of tongue, and please themselves with a torrent of their own words ; in which exercise what they have heard deceives them, that men hy speaking succeed in becoming speakers. For it is truly said also. That men hy speaking hadly make sure of becoming bad sp)eakers. In those exercises, there- fore, although it be useful even frequently to speak on the sudden, yet it is more advantageous, after taking time to con- sider, to speak with greater preparation and accuracy. But the chief point of all is that which (to say the truth) we hard- ly ever practice (for it requires great labor, which most of us avoid) ; I mean, to write as much as possible. WritijjgS^ said to be the best and most excellent modeler and teacher of ora- tory ; and not without reason ; for if what is meditated and considered easily surpasses sudden and extemporary speech, a constant and diligent habit of writing will surely be of more effect than meditation and consideration itself; since all the arguments relating to the subject on which we write, whether

^ Sed iis, qui ingrediuntur, Orellius and Ellendt retain this reading, though Ernesti had long before observed that there is no verb on which iis can be considered as dependent, and that we must read ii or hi as a nominative to the following possunt.

^ Qzcam maxime ad veritatem accommodate, *'with as much adaptation as possible to truth."

C. XXXIV.] ON THE CHARACTER OF THE ORATOR. 43

they are suggested by art, or by a certain power of genius and understanding, will present themselves, and occur to us, while we examine and contemplate it in the full light of our intel- lect ; and all the thoughts and words, which are the most ex- pressive of their kind, must of necessity come under and sub- mit to the keenness of our judgment while writing ; and a fair arrangement and collocation of the words is effected by writing, in a certain rhythm and measure, not poetical, but oratorical. Such are the qualities which bring applause and admiration to good orators ; nor will any man ever attain them unless after long and great practice in writing, how- ever resolutely he may have exercised himself in extemporary speeches ; and he who comes to speak after practice in writ- ing brings this advantage with him, that though he speak at the call of the moment, yet what he says will bear a resem- blance to something written ; and if ever, when he comes to speak, he brings any thing with him in writing, the rest of his speech, when he departs from what is written, will flow on in a similar strain. As, when a boat has once been impelled forward, though the rowers suspend their efforts, the vessel herself still keeps her motion and course during the intermis- sion of the impulse and force of the oars ; so, in a continued stream of oratory, when written matter fails, the rest of the speech maintains a similar flow, being impelled by the resem- blance and force acquired from what is written.

XXXIV. But in my daily exercises I used, when a youth, to adopt chiefly that method which I knew that Caius Carbo, my adversary, 1 generally practiced; which was, that, having selected some nervous piece of poetry, or read over such a portion of a speech as I could retain in my memory, I used toxieclaim upon what I had been reading in other words, chosen with all the judgment that I possessed. But at length I perceived that in that method there was this inconvenience, that Ennius, if I exercised myself on his verses, or Gracchus, if I laid one of his orations before me, had forestalled such woMs as were peculiarly appropriate to the subject, and such as were the most elegant and altogether the best ; so that, if I used the same words, it profited nothing ; if others, it was even prejudicial to me, as I habituated myself to use such as were less eligible. Afterward I thought proper, and con-

^ See c. X.

44 DE oratore; or, [b. i.

tinued the practice at a rather more advanced age,i to trans- late the orations of the best Greek orators ;2 by fixing upon which I gained this advantage, that while I rendered into Latin what I had read in Greek, I not only used the best words, and yet such as were of common occurrence, but also formed some words by imitation, which would be new to our countrymen, taking care, however, that they were unobjection- able.

" As to the exertion and exercise of the voice, of the breath, of the whole body, and of the tongue itself, they do not so much require art as labor ; but in those matters we ought to be particularly careful whom we imitate an d whom we would wish t o resemble . Not only orators are to be oBservediDjr us, but even actors, lest by vicious habits we contract any awkwardness or ungracefulness. The memory is also to be exercised by learning accurately by heart as many of our own writings, and those of 'others, as we can. In exercising the memory, too, I shall not object if you accustom yourself to adopt that plan of referring to places and figures which is taught in treatises on the art,^ Your language must then be brought forth from this domestic and retired exercise into the midst of the field, into the dust and clamor, into the camp and military array of the forum ; you must acquire practice in every thing; you must try the strength of your understanding ; and your retired lucubrations must be ex- posed to the light of reality. The poets must also be studied ; an acquaintance must be formed with history; the writers and teachers in all the liberal arts and sciences must be read, and turned over, and must, for the sake of exercise, be praised, interpreted, corrected, censured, refuted ; you must dispute on both sides of every question ; and whatever may seem maintainable on any point must be brought forward and il- lustrated. The civil law must be thoroughly studied ; laws in general must be understood ; all antiquity must be known ; the usages of the senate, the nature of our government, the rights of our allies, our treaties and conventions, and what-

^ Adokscens. When he imitated the practice of Carbo, he was, he says, adolescentulus,

^ A practice recommended by Qnintilian, x., 5.

^ This is sufficiently explained in book ii., c. 87. See also Quint., xi.,2.

C. XXXV. J ON THE CHARACTER OF THE ORATOR. 45

ever concerns the interests of the state, must be learned. A certain intellectual grace must also be extracted from every kind of refinement, with which, as with salt, every oration must be seasoned. I have poured forth to you all I had to say, and perhaps any citizen whom you had laid hold of in any company whatever would have replied to your inquiries on these subjects equally well."

XXXV. When Crassus had uttered these words a silence ensued. But, though enough seemed to have been said, in the opinion of the company present, in reference to what had been proposed, yet they thought that he had concluded his speech more abruptly than they could have wished. Scaevola then said, What is the matter, Cotta? why are you silent? Does nothing more occur to you which you would wish to ask Crassus?" Nay," rejoined he, "that is the very thing of which I am thinking ; for the rapidity of his words was such, and his oration was winged with such speed, that, though I perceived its force and energy, I could scarcely see its track and course ; and, as if I had come into some rich and well- furnished house, where the furniture^ was not unpacked, nor the plate set out, nor the pictures and statues placed in view, but a multitude of all these magnificent things laid up and heaped together ; so just now, in the speech of Crassus, I saw his opulence and the riches of his genius through veils and curtains as it were, but when I desired to take a nearer view, there was scarcely opportunity for taking a glance at them ; I can therefore neither say that I am wholly ignorant of what he possesses, nor that I have plainly ascertained and beheld it." "Then," said Scaevola, "why do you not act in the same way as you would do if you had really come into a house or villa full of rich furniture? If every thing was put by as you de- scribe, and you had a great curiosity to see it, you would not hesitate to ask the master to order it to be brought out, es- pecially if he was your friend ; in like manner you will now surely ask Crassus to bring forth into the light that profusion of splendid objects which are his property (and of which, piled together in one place, we have caught a glimpse, as it were through a lattice,^ as we passed by), and set every thing in its

^ Veste. Under this word is included tapestry, coverings of couches, and other things of that sort.

^ An illustration, says Proust, borrowed from the practice of traders,

46 DE oratore; or, [b.i.

proper situation." " I rather ask you, Scaevola/' says Cotta, "to do that for me (for modesty forbids Sulpicius and myself to ask of one of the most eminent of mankind, who has ever held in contempt this kind of disputation, such things as he perhaps regards only as rudiments for children) ; but do you oblige us in this, Scsevola, and prevail on Crassus to unfold and enlarge upon those matters which he has crowded to- gether, and crammed into so small a space in his speech." " Indeed," said Scaevola, " I desired that before, more upon your account than my own ; nor did I feel so much longing for this discussion from Crassus, as I experience pleasure from his orations in pleading. But now, Crassus, I ask you also on my own account, that since we have so much more leisure than has been allowed us for a long time, you would not think it troublesome to complete the edifice which you have com- menced ; for I see a finer and better plan of the whole work than I could have imagined, and one of which I strongly ap- prove."

XXXVI. "I can not sufficiently wonder," says Crassus, " that even you, Scaevola, should require of me that which I do not understand like those who teach it, and which is of such a nature that, if I understood it ever so well, it would be unworthy of your wisdom and attention." " Say you so '?" replied Scasvola. If you think it scarcely worthy of my age to listen to those ordinary precepts, commonly known every where, can we possibly neglect those other matters which you said must be known by the orator, respecting the dispositions and manners of mankind, the means by which the minds of men are excited or calmed, history, antiquity, the administra- tion of the republic, and, finally, of our own civil law itself? For I knew that all this science, this abundance of knowledge, was within the compass of your understanding, but had never seen such rich furniture among the equipments of the orator."

" Can you then," says Crassus " (to omit other things in- numerable and without limit, and come to your study, the civil law), can you account them orators for whom Scasvola,^

who allow goods on which they set a high value to be seen only through lattice-work.

^ Not Quintus Scsevola the augur, the father-in-law of Crassus, in whose presence Crassus is speaking, but another Quintus Scaevola, who was an eminent lawyer, and held the office of pontifex ; but at the time to which Crassus alludes he was tribune of the people, b.c. 105. Proust,

C. XXXVI.] ON THE CHARACTER OP THE ORATOR. 47

though in haste to go to the Campus Martius, waited several hours, sometimes laughing and sometimes angry, while Hyp- sseus, in the loudest voice, and with a multitude of words, was trying to obtain of Marcus Crassus, the praetor, that the party whom he defended might be allowed to lose his suit ; and Cneius Octavius, a man of consular dignity, in a speech of equal length, refused to consent that his adversary should lose his cause, and that the party for whom he was speaking should be released from the ignominious charge of having been un- faithful in his guardianship, and from all trouble, through the folly of his antagonists?"^ "I should have. thought such men," replied Scsevola "(for I remember Mucins^ told me the story), not only unworthy of the name of orators, but un- worthy even to appear to plead in the forum." "Yet," re- joined Crassus, " those advocates neither wanted eloquence, nor method, nor abundance of words, but a knowledge of the civil law ; for in this case one, in bringing his suit, sought to recover more damages than the law of the Twelve Tables al- lowed, and, if he had gained those damages, would have lost his cause : the other thought it unjust that he himself should be proceeded against for more than was allowed in that sort of action, and did not understand that his adversary, if he proceeded in that manner, would lose his suit.

^ The cause was as follows : As Scaavola the pontiff was going into the field of Mars, to the election of consuls, he passed, in his way, through the forum, where he found two orators in much litigation, and blundering grievously through ignorance of the civil law. One of them was Hypsaeus, the other Cneius Octavius, who had been consul B.C. 128. Hypsseus was accusing some guardian of maladministration of the for- tunes of his ward. This sort of cause was called judicium tutelce. Oc- tavius defended the guardian. The judge of this controversy was Mar- cus Crassus, then city proitor, b.c. 105. He that was condemned on such a trial was decreed to pay damages to his ward to the amount of what his affairs had suffered through his means, and, in addition, by the law of the Twelve Tables, was to pay something by way of fine. But if the ward, or his advocate, sought to recover more from the defendant than was due, he lost his cause. Hypsseus proceeded in this manner, and therefore ought to have been nonsuited. Octavius, an unskillful defender of his client, should have rejoiced at this, for if he had made the objection and proved it, he would have obtained his cause; but he refused to permit Hypsseus to proceed for more than was due, though such proceeding would, by the law, have been fatal to his suit. Proust.

^ Quintus Mucins Sceevola, mentioned in the last note but one.

48 DE ORATORE ; OR, [b. I.

XXXVII. " Within these few days,^ while we were sitting at the tribunal of our friend Quintus Pompeius, the city prae- tor, did not a man who is ranked among the eloquent pray that the benefit of the ancient and usual exception, of which sum there is time for payment^ might be allowed to a party from whom a sum of money was demanded ; an exception which he did not understand to be made for the benefit of the creditor; so that if the defendant^ had proved to the judge that the action was brought for the money before it became due, the plaintiif,^ on bringing a fresh action, would be precluded by the exception that the matter had before come into judgment. What more disgraceful, therefore, can possibly be said or done, than that he who has assumed the character of an advocate, ostensibly to defend the causes and interests of his friends, to assist the distressed, to relieve such as are sick at heart, and to cheer the afflicted, should so err in the slightest and most trivial matters as to seem an object of pity to some, and of ridicule to others'? I consider my relation, Publius Crassus, him who from his wealth had the surname of Dives, '^ to have

^ The^ cause was this. One man owed another a sum of money, to be paid, for instance, in the beginning of January ; the plaintiff would not wait till that time, but brought his action in December ; the igno- rant lawyer who was for the defendant, instead of contesting with the plaintiff this point, that he demanded his money before it was due (which if he had proved the plaintiff would have lost his cause), only prayed the benefit of the exception, which forbade an action to be brought for money before the day of payment, and so only put off the cause for that time. This he did not perceive to be a clause inserted for the advantage of the plaintiff', that he might know when to bring his suit. Thus the plaintiff, when the money became due, was at liberty to bring a new ac- tion, as if this matter had never come to trial, which action he could never have brought if the first had been determined on the other point, namely, its having been brought before the money was due ; for then the defendant might have pleaded a former judgment, and precluded the plaintiff from the second action. See Justin., Instit., iv., 13, 5, de re judicata, *' Of which sum there is a time for payment," were words of form in the exception from whence it was nominated ; as, * ' That the matter had before come into judgment," were in the other exception reijudicatce. Proust. B, See Gains, Instit., iv., 131, and Heffter, Obs. on Gains, iv., 23, p. 109, seq, Ellendt,

^ Irifitiator, The defendant or debtor,

^ Petitor. The plaintiff or creditor.

• Publius Licinius Crassus Mucianus, son of Publius Mucins Scsevola,

who had been adopted into the Licinian family. He was consul with Lucius Valerius Flaccus, a.u.c, 623 But the name of Dives had

C. XXXVIII.] ON THE CHARACTER OF THE ORATOR. 49

been, in many other respects, a man of taste and elegance, but especially worthy of praise and commendation on this ac- count, that (as he was the brother of Publius Scsevola)^ he was accustomed to observe to him that neither could he^ have satisfied the claims of the civu law if he had not added the power of speaking (which his son here, who was my colleague in the consulate, has fully attained) ; nor had he himself^ begun to practice, and plead the causes of his friends, he fore he had gained a knowledge of the civil law. What sort of character was the illustrious Marcus Cato % Was he not possessed of as great a share of eloquence as those times and that age^ would admit in this city, and at the same time the most learned of all men in the civil law? I have been speaking for some time the more timidly on this point, because there is with us a man^ eminent in speaking, whom I admire as an orator beyond all others, but who has ever held the civil law in contempt. But, as you desired to learn my sentiments and opinions, I will conceal nothing from you, but, as far as I am able, will communicate to you my thoughts upon every subject.

XXXVIII. The almost incredible, unparalleled, and di- vine power of genius in Antonius appears to me, although wanting in legal knowledge, to be able easily to sustain and defend itself with the aid of other weapons of reason ; let him therefore be an exception ; but I shall not hesitate to con- demn others, by my sentence, of want of industry in the first place, and of want of modesty in the next. For to flutter about the forum, to loiter in courts of justice and at the tri- bunals of the praetors, to undertake private suits in matters of the greatest concern, in which the question is often not about fact, but about equity and law, to swagger in causes heard be- previously been in the family of the Crassi, for Pubhns Crassus, who was consul with Publius Africanus, A.u.c. 549, was so called. Ellendt.

^ By birth. He had his name of Crassus from adoption, as stated in the preceding note.

^ ^ Publius Scaevola, his brother. In the phrase, neque ilium in jure civili satis llli arti facere posse, the words illi arti are regarded by Ernesti and Orellius as spurious, but Ellendt thinks them genuine, explaining injure civili by quod ad jus civile attinet, I have followed Orellius and Ernesti in my translation. ^ Pubii^s Crassus.

• Ilia tempora atque ilia a:tas. By tempora is meant the state of the

times as to political affairs ; by mtas, the period of advancement in learn- ing and civilization which Rome had reached. ^ Antonius.

c

50 DE ORATORE ; OR, [b. I.

fore the centumviri,^ in whicli the laws of prescriptive rights, of guardianship, of kindred,^ of agnation, ^ of alluvions, circum- luvions,"^ of bonds, of transferring property, of party walls, lights, stillicidia,^ of wills, transgressed or established, and in- numerable other matters are debated, when a man is utterly ignorant what is properly his own and what his neighbor's, why any person is considered a citizen or a foreigner, a slave or a freeman, is a proof of extraordinary impudence. It is ridiculous arrogance for a man to confess himself unskillful in navigating smaller vessels, and yet say that he has learned to pilot galleys with five banks of oars, or even larger ships. You who are deceived by a quibble of your adversary in a private company, you who set your seal to a deed for your client, in which that is written by which he is overreached, can I think that any cause of greater consequence ought to be intrusted to you ? Sooner assuredly shall he who oversets a two-oared boat in the harbor steer the vessel of the Argonauts in the Euxine Sea.

" But what if the causes are not trivial, but often of the utmost importance, in which disputes arise concerning points of civil law ? What front must that advocate have who dares to appear in causes of such a nature without any knowledge of that law ? What cause, for instance, could be of more con- sequence than that of the soldier, of whose death a false re- port having been brought home from the army, and his father,

^ A body oi inferioY judices, chosen three out of each tribe, so that the full number was a hundred and five. They took cognizance of such minor causes as the praetor intrusted to their decision.

^ Gentilitatum. Kindred or family. Persons of the same family or descent had certain peculiar rights, e. g., in entering upon an inheritance, in undertaking guardianship. In such rights slaves, freedmen, and capite deminuti had no participation. See Cic, Top., 6, 29. Proust.

^ The agnatiy as a brother by the same father, a brother's son or grandson, an uncle's son or grandson, had their peculiar rights. See Gains, i., 156.

• About these, various controversies might arise ; as, when the force

of a river has detached a portion from your land, and added it to that of your neighbor, to whom does that portion belong ? Or if trees have been carried away from your land to that of your neighbor, and have taken root there, etc. Proust.

^ When a person was obliged to let the water, which dropped from his house, run into the garden or area of his neighbor, or to receive the water that fell from his neighbor's house into his area. Adam's Roman Antiquities, p. 49.

C. XXXIX.] ON THE CHARACTER OP THE ORATOR. 51

through giving credit to that report, having altered his will, and appointed another person, whom he thought proper, to be his heir, and having then died himself, the affair, when the soldier returned home, and instituted a suit for his paternal inheritance, came on to be heard before the centumviri ? The point assuredly in that case was a question of civil law, wheth- er a son could be disinherited of his father's possessions, whom the father neither appointed his heir by will, nor disinherited by namet^

XXXIX. "On the point, too, which the centumviri de- cided between the Marcelli and the Claudii, two patrician families, when the Marcelli said that an estate, which had be- longed to the son of a freedman, reverted to them by right of stirps^ and the Claudii alleged that the property of the man reverted to them by right of gens, was it not necessary for the pleaders in that cause to speak upon all the rights oisthys and gensf^ As to that other matter also, which we have heard was contested at law before the centumviri, when an exile came to Rome (who had the privilege of living in exile at Eome if he attached himself to any citizen as a patron) and died intestate, was not, in a cause of that nature, the law of attachments^ obscure and indeed unknown, expounded and il-

^ For he who had a son under his power should have taken care to institute him his heir, or to disinherit him by name ; since if a father pretermitted or passed over his son in silence, the testament was of no effect. Just., Inst., ii., 13. And if the parents disinherited their chil- dren without cause, the civil law was, that they might complain that such testaments were invalid, under color that their parents were not of sound mind when they made them. Just., Inst., ii., 18. B.

2 The son of a freedman of the Claudian family had died without making a will, and his property fell by law to the Claudii; but there were two families of them — the Claudii Pulchri, who were patricians, and the Claudii Marcelli, who were plebeians ; and these two families went to law about the possession of the dead man's property. The pa- trician Claudii (whose family was the eldest of the name) claimed the inheritance by right of gens, on the ground that the freedman was of the gens Claudia, of which their family was the chief; .... while the Claudii Marcelli, or plebeian Claudii, claimed it by right of stirps, on the ground that the freedman was more nearly related to them than to the Pulchri. Pearce. The term gens was used in reference to patricians ; that of stirjis to plebeians. Proust.

^ Jus applicationis. This was a right which a Roman quasi-patronus had to the estate of a foreign client dying intestate. He was called quasi-patronus, because none but Roman citizens could have patrons.

52 DB ORATORE ; OR, [b. I.

lustrated by the pleader ? When I myself lately defended the cause of Sergius Aurata, on a private suit against our friend Antonius, did not my whole defense turn upon a point of law? For when Marius Gratidianus had sold a house to Aurata, and had not specified, in the deed of sale, that any part of the building owed service, ^ we argued that, for whatever encum- brance attended the thing sold, if the seller knew of it, and did not make it known, he ought to indemnify the purchaser.^ In this kind of action our friend Marcus Bucculeius, a man not a fool in my opinion, and very wise in his own, and one who has no aversion to the study of law, made a mistake lately in an affair of a somewhat similar nature. For when he sold a house to Lucius Fufius, he engaged, in the act of conveyance, that the window-lights should remain as they then were. But Fufius, as soon as a building began to rise in some part of the city, which could but just be seen from that house, brought an action against Bucculeius, on the ground that whatever portion of the sky was intercepted, at however great a distance, the window-light underwent a change.^ Amid

The difficulty in this cause proceeded from the obscurity of the law on which this kind of right was founded.

^ The services of city estates are those which appertain to buildings. It is required by city services that neighbors should bear the burdens of neighbors ; and, by such services, one neighbor may be permitted to place a beam upon the wall of another ; may be compelled to receive the drop- pings and currents from the gutter-pipes of another man's house upon his own house, area, or sewer ; or may be exempted from receiving them ; or may be restrained from raising his house in height, lest he should darken the habitation of his neighbor. Harris's Justinian, ii., 3. B.

^ There is a more particular statement of this cause between Gratid- ianus and Aurata in Cicero's Offices, iii., 16. The Roman law, in that particular founded on the law of nature, ordained, to avoid deceit in bargain and sale, that the seller should give notice of all the bad quali- ties in the thing sold which he knew of, or pay damages to the pur- chaser for his silence; to which law Horace alludes, Sat., iii., 2:

Mentem nisi litigiosus Exciperet dominus cum venderet. But if he told the faults, or they were such as must be seen by a person using common care, the buyer suffered for his negligence, as Horace again indicates, Epist., ii., 2;

Ille feret pretium poense securus opinor : Prudens emisti vitiosum. Dicta tibi est Lex. See also Grotius, ii., 12, and Puffendorf, v. 3, s. 4, 5. B.

^ The mistake of Bucculeius seems to have consisted in this: he meant to restrain Fufius from raising the house in height, which might

C. XL.] ON THE CHARACTER OF THE ORATOR. 53

■what a concourse of people too, and with what universal in- terest, was the famous cause between Manius Curius and Mar- cus Coponius lately conducted before the centumviri ! On which occasion Quintus Scaevola, my equal in age, and my colleague,^ a man of all others the most learned in the practice of the civil law, and of the most acute genius and discernment, a speaker most polished and refined in his language, and in- deed, as I am accustomed to remark, the best orator among the lawyers, and the best lawyer among the orators, argued the law from the letter of the will, and maintained that he who was appointed second heir, after a posthumous son should be born and die, could not possibly inherit, unless such posthu- mous son had actually been born, and had died before he came out of tutelage : I, on the other side, argued that he who made the will had this intention, that if there was no son at all who could come of tutelage, Manius Curius should be his heir. Did either of us, in that cause, fail to exert ourselves in citing authorities, and precedents, and forms of wills, that is, to dis- pute on the profoundest points of civil law?^

XL. " I forbear to mention many examples of causes of the greatest consequence, which are indeed without number. It may often happen that even capital cases may turn upon a point of law ; for, as an example, Publius Rutilius, the son of Marcus, when tribune of the people, ordered Caius Man- cinus, a most noble and excellent man, and of consular dignity, to be put out of the senate ; on the occasion when the chief herald had given him up to the Numantines, accord- ing to a decree of the senate, passed on account of the odium which he had incurred by his treaty with that people, and they would not receive him,^ and he had then returned home, and had not hesitated to take his place in the senate; the tribune, I say, ordered him to be put out of the house, main- darken, or making any new windows which might overlook, some neigh- boring habitation which belonged to him ; but by the use of words adapt- ed by law for another purpose, he restrained himself from building with- in the prospect of those windows already made in the house which Fufius purchased. B. ^ In the consulship.

2 This celebrated cause is so clearly stated by Cicero as to require no explanation. It was gained by Crassus, the evident intention of the testator prevailing over the letter of the will. It is quoted as a prece- dent by Cicero, pro Caecina, c. 18.

3 See Florus, ii., 18; Veil. Pat., ii., 1.

64 DE ORATORE; OR, [b. I.

taming that he was not a citizen ; because it was a received tradition. That he whom his ow7i father ^ or the ^eople^ had sold^ or the chief herald had given up^ had no postliminium,^ or right of return. What more important cause or argument can we find, among all the variety of civil transactions, than one con- cerning the rank, the citizenship, the liberty, the condition of a man of consular dignity, especially as the case depended, not on any charge which he might deny, but on the interpret- ation of the civil law? In a like case, but concerning a per- son of inferior degree, it was inquired among our ancestors whether, if a person belonging to a state in alliance with Rome had been in servitude among us, and gained his freedom, and afterward returned home, he returned by the right of postli- minium^ and lost the citizenship of this city. May not a dis- pute arise on a point of civil law respecting liberty, than which no cause can be of more importance, when the question is, for example, whether he who is enrolled as a citizen, by his master's consent, is free at once, or when the lustrum is com- pleted? As to the case, also, that happened in the memory of our fathers, when the father of a family, who had come from Spain to Rome, and had left a wife pregnant in that province, and married another at Rome, without sending any notice of divorce to the former, and died intestate, after a son had been born of each wife, did a small matter come into con- troversy when the question was concerning the rights of two citizens, I mean concerning the boy who was born of the lat- ter wife and his mother, who, if it were adjudged that a di- vorce was effected from a former wife by a certain set of words, and not by a second marriage, would be deemed a con- cubine ? For a man, then, who is ignorant of these and other similar laws of his own country, to wander about the forum with a great crowd at his heels, erect and haughty, looking hither and thither with a gay and assured face and air, offer- ing and tendering protection to his clients, assistance to his friends, and the light of his genius and counsel to almost all his fellow-citizens, is it not to be thought in the highest de- gree scandalous?

XLI. " Since I have spoken of the audacity, let me also censure the indolence and inertness of mankind. For if the study of the law were illimitable and arduous, yet the great- ^ See Cic, Topic, c. 8 ; Gaius, i., 129 ; Aul. GelL, vii., 18.

C. XLII.] ON THE CHARACTER OF THE ORATOR. 55

ness of the advantage ought to impel men to undergo the labor of learning it ; but, O ye immortal gods, I would not say this in the hearing of Scasvola, unless he himself were accus- tomed to say it, namely, that the attainment of no science seejns to him more easy. It is, indeed, for certain reasons, thought otherwise by most people, first, because those of old, who were at the head of this science, would not, for the sake of securing and extending their own influence, allow their art to be made public ; in the next place, when it was published, the forms of actions at law being first set forth by Cneius Flavins, there were none who could compose a general system of those matters arranged under regular heads. For nothing can be reduced into a science unless he who understands the matters of which he would form a science has previously gained such knowledge as to enable him to constitute a science out of subjects in which there has never yet been any science. I perceive that, from desii^e to express this briefly, I have expressed it rather obscurely ; but I will make an effort to explain myself, if possible, with more perspicuity.

XLII. "All things which are now comprised in sciences were formerly unconnected, and in a state, as it were, of dis- persion ; as in music, numbers, sounds, and measures ; in geometry, lines, figures, spaces, magnitudes; in astronomy, the revolution of the heavens, the rising, setting, and other motions of the stars; in grammar, the study of the poets, the knowledge of history, the interpretation of words, the peculiar tone of pronunciation ; and, finally, in this very art of oratory, invention, embellishment, arrangement, memory, delivery, seemed of old not to be fully understood by any, and to be wholly unconnected. A certain extrinsic art was there- fore applied, adopted from another department of knowledge,^ which the philosophers wholly claim to themselves, an art which might serve to cement things previously separate and uncombined, and unite them in a kind of system.

" Let, then, the end proposed in civil law be the preserva- tion of legitimate and practical equity in the aflairs and causes of the citizens. The general heads of it are then to be noted, and reduced to a certain number, as few as may be. A general head is that which comprehends two or more par- ticulars, similar to one another by having something in com-

^ From philosophy.

56 DE ORATORE ; OR, [b. I.

mon, but differing in species. Particulars are included under the general heads from which they spring. All names, which are given either to general heads, or particulars, must be limit- ed by definitions, showing what exact meaning they have. A definition is a short and prerise specification of whatever properly belongs to the thing which we would define. I should add examples on these points, were I not sensible to whom my discourse is addressed. I will now comprise what I proposed in a short space. For if I should have leisure to do what 1 have long meditated, or if any other person should undertake the task while I am occupied, or accomplish it after my death (I mean, to digest, first of all, the whole civil law under general heads, which are very few ; next, to branch out those general heads, as it were, into members ; then to explain the peculiar natui'e of each by a definition), you will have a complete system of civil law, large and full indeed, but neither difficult nor obscure. In the mean time, while what is uncon- nected is being combined, a person may, even by gathering here and there, and collecting from all parts, be furnished with a competent knowledge of the civil kiw.

XLIII, " Do you not observe that Caius Aculeo,^ a Roman knight, a man of the most acute genius in the world, but of little learning in other sciences, who now lives, and has always lived with me, understands the civil law so well, that none even of the most skillful, if you except my friend Scsevola here, can be preferred to him? Every thing in it, indeed, is set plainly before our eyes, connected with our daily habits, with our intercourse among men, and with the forum, and is not contained in a vast quantity of writing, or many large volumes ; for the elements that were at first published by several writers are the same ; and the same things, with the change of a few words, have been repeatedly written by the same authors. Added to this, that the civil law may be more readily learned and understood, there is (what most people little imagine) a wonderful pleasure and delight in

^ This Aculeo married Cicero's aunt by the mother's side, as he tells us in the beginning of the second book of this treatise, c. 1, and his sons by that marriage, cousins to Cicero and his brother Quintus, were all bred up together with them, in a method approved by L. Crassus, the chief character in this dialogue, and by those very masters under whom Crassus himself had been. B,

C. XLIV.] ON THE CHARACTER OF THE ORATOR. 57

acquiring a knowledge of it. For, whether any person is attracted by the study of antiquity, ^ there is, in every part of the civil law, in the pontifical books, and in the Twelve Tables, abundance of instruction as to ancient matters, since not only the original sense of words is thence understood, but certain kinds of law proceedings illustrate the customs and lives of our ancestors ; or if he has a view to the science of government (which Scaivola judges not to belong to the orator, but to science of another sort), he will find it all com- prised in the Twelve Tables, every advantage of civil govern- ment, and every part of it being there described; or if authoritative and vaunting philosophy delight him (I will speak very boldly), he will find there the sources of all the philosophers' disputations, which lie in civil laws and enact- ments ; for from these we perceive that virtue is above all things desirable, since honest, just, and conscientious industry is ennobled with honors, rewards, and distinctions ; but the vices and frauds of mankind are punished by fines, ignominy, imprisonment, stripes, banishment, and death ; and we are taught, not by disputations endless and full of discord, but by the authority and mandate of the laws, to hold our appe- tites in subjection, to restrain all our passions, to defend our own property, and to keep our thoughts, eyes, and hands, from that of others.

XLIV. " Though all the world exclaim against me, I will say what I think : that single little book of the Twelve Tables, if any one look to the fountains and sources of laws, se^ms to me, assuredly, to surpass the jibrari es of all the philoso- phers, both in weight of authority and in plenitude of utility. And if our country has our love, as it ought to have in the highest degree — our country, I say, of which the force and natural attraction is so strong, that one of the wisest of man- kind preferred his Ithaca, fixed, like a little nest, among the roughest of rocks, to immortality itself — with what affection

^ Orellius retains kcec aliena studia in his text, but acknowledges aliena to be corrupt. Wyttenbach conjectured antiqua studia for antiquitatis studia. Ellendt observes that Madvig proposed jEliana, from Lucius -^lius Stilo, the master of Varro, extolled by Cicero, Brut., 56 ; Acad., i., 2, 8; Legg., ii., 23. See Suetonius, de 111. Gramm., c. 3; and Aul. Gell., X., 21. This conjecture, says Henrichsen, will suit very well with the word hcec, which Crassus may be supposed to have used, because -zElius Stilo was then alive, and engaged in those studies.

C2

58 BE ORATORE ; OR, [b. I.

ought we to be warmed toward such a country as ours, which, pre-eminently above all other countries, is the seat of virtue, empire, and dignity ? Its spu'it, customs, and discipline ought to be our first objects of study, both because our country is the parent of us all, and because as much wisdom must be thought to have been employed in framing such laws, as in establishing so vast and powerful an empire. You will re- ceive also this pleasure and delight from tlie study of the law, that you will then most readily comprehend how far our an- cestors excelled other nations in wisdom, if you compare our laws with those of their Lycurgus, Draco, and Solon. It is indeed incredible how undigested and almost ridiculous is all civil law except our own ; on which subject I am accustom- ed to say much in my daily conversation, when I am prais- ing the wisdom of our countrymen above that of all other men, and especially of the Greeks. For these reasons have I declared, Scaevola, that the knowledge of the civil law is indispensable to those who would become accomplished ora- tors.

XLY. "And who does not know what an accession of honor, popularity, and dignity such knowledge, even of itself, brings with it to those who are eminent in it ? As, therefore, among the Greeks, men of the lowest rank, induced by a trifling re- ward, offer themselves as assistants to the pleaders on trials (men who are by them called pragmatici),^ so in our city, on the contrary, every personage of the most eminent rank and

^ It appears from Quintilian and Juvenal that this was a Eoman cus- tom as well as a Grecian, under the emperors ; they are also mentioned by Ulpian. But in Cicero's time the Patroni causarum, or advocates, though they studied nothing but oratory, and were in general ignorant of the law, yet did not make use of any of these low people called Prag- matici, as the Greeks did at that time, but upon any doubts on the law, applied themselves to men of the greatest reputation in that science, such as the Scsevolae. But under the emperors there was not the same encouragement for these great men to study that science ; the orators, therefore, fell of necessity into the Grecian custom. Quint., xii., 3: " Neque ego sum nostri moris ignarus, oblitusve eorum, qui velut ad Arculas sedent, et tela agentibus subministrant, neque idem Graacos nescio factitare, unde nomen his Pragmaticorum datum est." Juv,, Sat., vii., 123:

Si quater egisti, si contigit aureus unus,

Inde cadunt partes ex foedere Pragmaticorum. B,

C. XLV.] ON THE CHARACTER OF THE ORATOR. 59

character, such as that ^lius Sextus,^ who, for his knowledge in the civil law, was called by our great poet,

^' ' A man of thought and prudence, nobly wise,'

and many besides, w^ho, after arriving at distinction by means of their ability, attained such influence, that, in answering questions on points of law,^ they found their authority of more weight than even their ability. For ennobling and dignify- ing old age, indeed, what can be a more honorable resource than the interpretation of the law ? For myself, I have, even from my youth, been securing this resource, not merely with a view to benefit in pleadings in the forum, but also for an honor and ornament to the decline of life ; so that, when my strength begins to fail me (for which the time is even now al- most approaching), I may, by that means, preserve my house from solitude. For what is more noble than for an old man, who has held the highest honors and offices of the state, to be able justly to say for himself that which the Pythian Apollo says in Ennius, that he is the person from whom, if not nations and kings, yet all his fellow-citizens, solicit advice,

• • * Uncertain how to act ; whom, by my aid,

I send away undoubting, full of counsel, No more with rashness things perplex' d to sway ;'

for without doubt the house of an eminent lawyer is the ora- cle of the whole city. Of this fact the gate and vestibule of our friend Quintus Mucins is a proof, which, even in his very

^ As the collection of forms published by Flavins, and from him called Jus civile Flavianum^ soon grew defective, as new contracts arose every day, another was afterward compiled, or rather only made public, by Sextus ^lius, for the forms seem to have been composed as the differ- ent emergencies arose, by such of the patricians as understood the law, and to have been by them secreted to extend their own influence ; how- ever, this collection, wherein were many new forms adapted to the cases and circumstances which had happened since the time of Flavins, went under the title of Jus yElianurji, from the ^lius here praised by Enni- us. B.

^ The custom Respondendi de Jm-e, and the interpretations and de- cisions of the learned, were so universally approved, that, although they were unwritten, they became a new species of law, and were called Auctoritas, or Responsa Prudentum, This custom continued to the time of Augustus without interruption, who selected particular lawyers, and gave them the sanction of a patent ; but then grew into desuetude, till Hadrian renewed this office or grant, which made so considerable a branch of the Roman law. B,

60 DE ORATORE ; OR, [b. I.

infirm state of health and advanced age, is daily frequented by a vast crov^d of citizens, and by persons of the highest rank and splendor.

XLVI. " It requires no very long explanation to show why I think the public laws^ also, which concern the state and government, as well as the records of history, and the prece- dents of antiquity, ought to be known to the orator ; for, as in causes and trials relative to private affairs, his language is often to be borrowed from the civil law, and therefore, as we said before, the knowledge of the civil law is necessary to the orator ; so in regard to causes affecting public matters, before our courts, in assemblies of the people, and in the senate, all the history of these and of past times, the authority of public law, the system and science of governing the state, ought to be at the command of orators occupied with affairs of gov- ernment, as the very groundwork of their speeches.^ For we are not contemplating, in this discourse, the character of an every-day pleader, bawler, or barrator, but that of a man who, in the first place, may be, as it were, the high-priest of this profession, for which, though nature herself has given rich endowments to man, yet it was thought to be a god that gave it, so that the very thing which is the distinguishing property of man might not seem to have been acquired by ourselves, but bestowed upon us by some divinity ; who, in the next place, can move with safety even amid the weapons of his adversaries, distinguished not so much by a herald's caduceus^ as by his title of orator ; who, likewise, is able, by means of his eloquence, to expose guilt and deceit to the ha- tred of his countrymen, and to restrain them by penalties; who can also, with the shield of his genius, protect innocence

^ Jura puhlica. Dr. Taylor, in his History of the Roman Law, p. 62, has given us the heads of the Roman Jus publicum, which were, religion and divine worship — peace and war — legislation — exchequer and res fisci, escheats — the prerogative — law of treasons — taxes and imposts — coinage — jurisdiction — magistracies — regalia — embassies — honors and titles — colleges, schools, corporations — castles and fortifications — fairs, mercats, staple — forests — naturalization. B.

^ Tanquam aliqua materies. Ernesti's text, says Orellius, has alia by mistake. Aliqua is not very satisfactory. Nobbe, the editor of Tauch- nitz's text, retains Ernesti's alia.

^ The herald's caduceus, or wand, renders his person inviolable. Pearce.

C. XLVII.] ON THE CHARACTER OF THE ORATOR.

61

from punishment ; who can rouse a spiritless and desponding people to glory, or reclaim them from infatuation, or inflame their rage against the guilty, or mitigate it, if incited against the virtuous ; who, finally, whatever feeling in the minds of men his object and cause require, can either excite or calm it by his eloquence. If any one supposes that this power has either been sufficiently set forth by those who have written on the art of speaking, or can be set forth by me in so brief a space, he is greatly mistaken, and understands neither my in- ability nor the magnitude of the subject. For my own part, since it was your desire, I thought that the fountains ought to be shown* you from which you might draw, and the roads which you might pursue, not so that I should become your guide (which would be an endless and unnecessary labor), but so that I might point out to you the way, and, as the practice is, might hold out my finger toward the spring."^

XLVII. " To me," remarked Scaevola, enough appears to have been said by you, and more than enough, to stimulate the efforts of these young men, if they are but studiously in- clined ; for as they say that the illustrious Socrates used to observe that his object was attained if any one was by his ex- hortations sufficiently incited to desire to know and under- stand virtue (since to those who were persuaded to desire no4iing so much as to become good men, what remained to be learned was 6asy) ; so I consider that if you wish to pen- etrate into those subjects which Crassus has set before you in his remarks, you will, with the greatest ease, arrive at your object, after this course and gate has been opened to you." " To us," said Sulpicius, these instructions are exceedingly pleasant and delightful ; but there are a few things more which we still desire to hear, especially those which were touched upon so briefly by you, Crassus, in reference to ora- tory as an art, when you confessed that you did not despise them, but had learned them. If you will speak somewhat more at length on those points, you will satisfy all the eager- ness of our long desire. For we have now heard to what ob- jects we must direct our efforts, a point which is of great im- portance ; but we long to be instructed in the ways and means of pursuing those objects."

^ Ut fieri solet. Ernesti conjectures ut dicisolet. Ellendt thinks the common reading right, requiring only that we should understand a coiJi" monstrantibus.

62 DE ORATORE ; OR, [b. I.

Then," said Crassus " (since I, to detain you at my house with less difficulty, have rather complied with your desires than my own habit or inclination), what if we ask Antonius to tell us something of what he still keeps in reserve, and has not yet made known to us (on which subjects he complained, a. while ago, that a book has already dropped from his pen), and to reveal to us his mysteries in the art of speaking V '^ As you please," said Sulpicius; for, if Antonius speaks, we shall still learn v/hat you think." I request of you, then, Antonius," said Crassus, " since this task is put upon men of our time of life by the studious inclinations of these youths, to deliver your sentiments upon these subjects which, you see, are required from you."

XLVIII. "I see plainly, and understand indeed," replied Antonius, " that I am caught, not only because those things are required from me in which I am ignorant and unprac- ticed, but because these young men do not permit me to avoid, on the present occasion, what I always carefully avoid in my public pleadings, namely, not to speak after you, Cras- sus. But I will enter upon what you desire the more boldly, as I hope the same thing will happen to me in this discussion as usually happens to me at the bar, that no flowers of rhet- oric v/ill be expected from me. For I am not going to speak about art^ which I never learned, but about my own practice ; and those very particulars which I have entered in my com- monplace book are of this kind,^ not expressed with any thing like learning, but just as they are treated in business and pleadings ; and if ihory do not meet with approbation from men of your extensive knowledge, you must blame your own unreasonableness in requiring from me what I do not know ; and you must praise my complaisance, since I make no dif- ficulty in answering your questions, being induced, not by my own judgment, but your earnest desire." " Go on, Antonius," rejoined Crassus, for there is no danger that you will say any thing otherwise than so discreetly that no one here will repent of having prom.pted you to speak."

"I will go on, then," said Antonius, ^'and will do what I think ought to be done in all discussions at the commence- ment ; I mean, that the subject, whatever it may be, on which

• Not recorded with any elegance, but in the plain style in which I

am now going to express myself. Ernesti,

C. XLIX.] ON THE CHARACTER OF THE ORATOR. 63

the discussion is held, should be defined ; so that the discourse may not be forced to wander and stray from its course, from the disputants not having the same notion of the matter un- der debate. If, for instance, it were inquired, ' What is the art of a general f I should think that we ought to settle, at the outset, what a general is ; and when he was defined to be a commandei' for conducting a ivar^ we might then proceed to speak of troops, of encampments, of marching in battle array, of engagements, of besieging towns, of provisions, of laying and avoiding ambuscades, and other matters relative to the management of a war ; and those who had the capacity and knowledge to direct such affairs I should call generals ; and should adduce the examples of the African] and Maximi, and speak of Epaminondas, and Hannibal, and men of such char- acter. But if we should inquire what sort of character he is, who should contribute his experience, and knowledge, and zeal to the management of the state, I should give this sort of definition, that he who understands by what means the interests of the republic are secured and promoted^ and employs those means, is worthy to be esteemed a director in affairs of goveimment^ and a leader in piiblic councils ; and I should mention Publius Lentu- lus, the chief of the senate,^ and Tiberius Gracchus the father, and Quintus Metellus, and Publius Africanus, and Caius Laelius, and others without number, as well of our own city as of foreign states. But if it should be asked ' Who truly deserved the name of a lawyer f I should say that he de- serves it who is learned in the laws, and that general usage'^ which private persons observe in their intercourse in the commu- nity, who can give an answer on any point, can plead, and can take ^!I£££^i^^- "^ v^^^' ^^^^ i'i^t^f^.sts of his client; and I should name Sextus ^lius, Manius Manilius, Publius Mucins, as distin- guished in those respects. XLIX. In like manner, to notice sciences of a less important character, if a musician, if a gram- marian, if a poet were the subject of consideration, I could state that v/hich each of them possesses, and than which noth- ing more is to be expected from each. Even of the philos- opher himself, who alone, from his abilities and wisdom, pro- fesses almost every thing, there is a sort of definition, signify- ing that he who studies to learn the powers, nature, and causes of

^ Principem ilium, Nempe senatus. He was consul with Cneius Do- mitius, A.u.c. 592. Ellendt. 2 rpi-^g unwritten law.

64 DE ORATORE ; OR, [b. I.

all things, divine and human, and to understand and explain the ivhole science of living virtuously, may justly deserve this appel- lation.

• ' The orator, however, since it is about him that we are

considering, I do not conceive to be exactly the same char- acter that Crassus makes him, who seemed to me to include all knowledge of all matters and sciences under the single profession and name of an orator; but I regard him as one who can use words agreeable to hear, and thoughts adapted to prove, not only in causes that are pleaded in the forum, hut in causes in general. Plim I call an orator, and would have him, besides, accomplished in delivery and action, and with a certain degree of wit. But our friend Crassus seemed to me to define the faculty of an orator, not by the proper limits of his art, but by the almost immense limits of his own genius ; for, by his definition, he delivered the helm of civil government into the hands of his orator ; a point which it appeared very strange to me, Scoevola, that you should grant him ; when the senate has often given its assent on affairs of the utmost consequence to yourself, though you have spoken briefly and without ornament. And M. Scaurus, who I hear is in the country, at his villa not far off, a man eminently skilled in affairs of government, if he should hear that the authority which his gravity and counsels bear with them is claimed by you, Crassus, as you say that it is the property of the orator, he would, I believe, come hither without delay, and frighten us out of our talk by his very countenance and aspect ; who, though he is no contemptible speaker, yet depends more upon his judgment in affairs of consequence than upon his ability in speaking ; and, if any one has abilities in both these ways, he who is of authority in the public councils, and a good sen- ator, is not on those accounts an orator ; and if he that is an eloquent and powerful speaker be also eminent in civil ad- ministration, he did not acquire his political knowledge^ through oratory. Those talents differ very much in their nature, and are quite separate and distinct from each other ; nor did Marcus Cato, Publius Africanus, Quintus Metellus,

^ Aliquam sdentiam. For aliquam Manutius conjectured illarn, which Lambinus, Emesti, and Muller approve. Wyttenbach suggested alie- nam, which has been adopted by Schutz and Orellius. I have fol- lowed Manutius.

C. L.] ON THE CHARACTER OP THE ORATOR. 65

Caius La3lius, who were all eloquent, give lustre to their own orations, and to the dignity of the republic, by the same art and method.

L. It is not enjoined, let me observe, by the nature of things, or by any law or custom, that one man must not know more than one art ; and therefore, though Pericles was the best orator in Athens, and was also for many years director of the public counsels in that city, the talent for both those characters must not be thought to belong to the same art because it existed in the same man ; nor if Publius Crassus was both an orator and a lawyer, is the knowledge of the civil law for that reason included in the power of speaking. For if any man, who, while excelling in any art or science, has acquired another art or science in addition, shall represent that his additional knowledge is a part of that in which he previously excelled,^ we may, by such a mode of argument, pretend that to play well at tennis or counters^ is a part of the knowledge of civil law, because Publius Mucins was skilled in both ; and, by parity of reasoning, those whom the Greeks call cfivmKo^ ' natural philosophers,' may be re- garded as poets, because Empedocles the natural philosopher wrote an excellent poem. But not even the philosophers themselves, who would have every thing, as their own right, to be theirs, and in their possession, have the confidence to say that geometry or music is a part of philosophy, because all acknowledge Plato to have been eminently excellent in those sciences. And if it be still your pleasure to attribute all sciences to the orator, it will be better for us, rather, to ex- press ourselves to this effect, that since eloquence must not be bald and unadorned, but marked and distinguished by a cer- tain pleasing variety of manifold qualities, it is necessary for a good orator to have heard and seen much, to have gone over many subjects in thought and reflection, and many also in reading ; though not so as to have taken possession of them as his own property, but to have tasted of them as things be-

^ Sciet — excellet. The commentators say nothing against these futures.

^ Duodecim scriptis. This was a game played with counters on a board, moved according to throws of the dice, but different from our backgammon. The reader may find all that is known of it in Adam's Koman Antiquities, p. 423, and Smith's Diet, of Gr. and Rom. Ant., art. Latrunculi.

66 DE ORATORE ; OR, [b. I.

longing to others. For I confess that the orator should be a knowing man, not quite a tyro or novice in any subjectj not utterly ignorant or inexperienced in any business of life.

LI. " Nor am I discomposed, Crassus, by those tragic argu- ments of yours,^ on which the philosophers dwell most of all; I mean, when you said, That no man can^ hy speaking^ excite the passions of his audience, or calm them ivhen excited (in which efforts it is that the power and greatness of an orator' are chiefly seen), wiless one who has gained a thorough insight into the natwe of all things, and the disjwsitions and motives of mankind; on ivhich account 'philosophy must of necessity he studied hy the orator ; a study in which we see that the whole lives of men of the greatest talent and leisure are spent ; the copiousness and magnitude of whose learning and knowledge I not only do not despise, but greatly admire ; but, for us wdio are engaged in so busy a state, and such occtipations in the forum, it is suffi- cient to know and say just so much about the manners of mankind as is not inconsistent with human nature. For what great and powerful orator, whose object was to make a judge angry with his adversary, ever hesitated, because he was ignorant what anger was, whether ' a heat of temper,' or ' a desire of vengeance for pain received V^ Who, when he wished to stir up and inflame other passions in the minds of the judges or people by his eloquence, ever uttered such things as are said by the philosophers ? part of whom deny that any passions whatever should be excited in the mind, and say that they who rouse them in the breasts of the judges are guilty of a heinous crime, and part, who are inclined to be more toler- ant, and to accommodate themselves more to the realities of life, say that such emotions ought to be but very moderate and gentle. But the orator, by his eloquence, represents all those things w^hich, in the common affairs of life, are consid- ered evil and troublesome, and to be avoided, as heavier and more grievous than they really are; and at the same time amplifies and embellishes, by power of language, those things which to the generality of mankind seem inviting and desir- able ; nor does he Avish to appear so very wise among fools as

^ Istis tragocdiis tuis. Persons are said tragoedias in niigis agere who make a small matter great by clamoring over it, as is done by actors in tragedies. Proust. See b. ii., c. 51 ; Quint., vi., 1, ^Q.

2 See Aristotle, Rhetor., ii., 2 ; Cic, Tusc. Qusest., iv.

C. LII.] ON THE CHARACTER OF THE ORATOR. 67

that his audience should think him impertinent or a pedantic Greek, or, though they very much approve his understanding, and admire his wisdom, yet should feel uneasy that they them- selves are but idiots to him ; but he so effectually penetrates the minds of men, so works upon their senses and feelings, that he has no occasion for the definitions of philosophers, or to consider in the course of his speech ' whether the chief good lies in the mind or in the body ;' ' whether it is to be (^g^O,!^^,^^ consisting in virtue or in pleasure ;' ' whether these two can be united and coupled together ;' or ' whether,' as some think, ^nothing certain can be known, nothing clearly perceived and understood ;' questions in which I acknowledge tlial'a vast multiplicity of learning, and a great abundance of varied reasoning is involved ; but we seek something of a far different character; we want a man of superior intelligence, sagacious by nature and from experience, who can acutely di- vine what his fellow-citizens, and all those whom he wishes to convince on any subject by his eloquence, think, feel, imag- ine, or hope. LII. He must penetrate the inmost recesses of the mind of every class, age, and rank, and must ascertain the sentiments and notions of those before whom he is plead- ing, ^ or intends to plead ; but his books of philosophy he must reserve to himself, for the leisure and tranquillity of such a Tusculan villa as this, and must not, when he is to speak on justice and honesty, borrow from Plato ; who, when he thought that such subjects were to be illustrated in writing, imagined in his pages a new kind of commonwealth ; so much was that which he thought necessary to be said of justice at variance with ordinary life and the general customs of the world. But if such notions were received in existing com- munities and nations, who would have permitted you, Crassus, though a man of the highest character, and the chief leader in the city, to utter what you addressed to a vast assembly of your fellow-citizens ?2 Deliver us from these miseries,

^ Most copies have aget ; Pearce, with the minority, prefers agit, ^ These words are taken from a speech which Crassus had a short time before delivered in an assembly of the people, and in which he had made severe complaints of the Roman knights, who exercised their ju- dicial powers with severity and injustice, and gave great trouble to the senate. Crassus took the part of the senate, and addressed the exhorta- tion in the text to the people. Proust, Crassus was supporting the Servilian law. Manutius,

68 DE ORATORE ; OR, [b. I.

DELIVER US FROM THE JAWS OF THOSE AVHOSE CRUELTY CAN NOT BE SATIATED EVEN WITH BLOOD ; SUFFER US NOT TO BE SLAVES TO ANY BUT YOURSELVES AS A PEOPLE, WHOM WE

BOTH CAN AND OUGHT TO SERVE. I Say nothing about the word MISERIES, in which, as the philosophers say,^ a man of fortitude can not be ; I say nothing of the jaws from which you desire to be delivered, that your blood may not be drunk by an unjust sentence ; a thing which they say can not hap- pen to a wise man ; but how durst you say that not only yourself, but the whole senate, whose cause you were then pleading, were slaves ? Can virtue, Crassus, possibly be en- slaved, according to those whose precepts you make necessary to the science of an orator ; virtue which is ever and alone free, and which, though our bodies be captured in war, or bound with fetters, yet ought to maintain its rights and liber- ty inviolate in all circumstances t^ And as to what you add- ed, that the senate not only can, but ought to be slaves to the people, what philosopher is so eiFerainate, so languid, so enervated, so eager to refer every thing to bodily pleasure or pain, as to allow that the senate should be the slaves of the people, to whom the people themselves have delivered the power, like certain reins as it were, to guide and govern them?

LIII. "Accordingly, when I regarded these words of yours as the divinest eloquence, Publius Rutilius Rufus,^ a man of learning, and devoted to philosophy, observed that what you had said was not only injudicious, but base and dishonorable. The same Rutilius used severely to censure Servius Galba, whom he said he very well remembered, because, when Lucius Scribonius brought an accusation against him, and Marcus Cato, a bitter and implacable enemy to Galba, had spoken with rancor and vehemence against him before the assembled people of Rome (in a speech which he published in his Ori- gines*), Rutilius, I say, censured Galba for holding up, almost

^ Ut illi aiunt. The philosophers, especially the Stoics, who affirmed that the wise man alone is happy. Ellendt,

2 See the paradox of Cicero on the words Omnes sapientes liberi, omnes stulti servi.

^ Mentioned by Cic, Brut., c. 30. Proust, He was a perfect Stoic. Ellendt,

• A work on the origin of the people and cities of Italy, and other

matters, now lopt. Cic, Brut., c. 85 ; Corn. Nep., Life of Cato, c. 3.

C. LIII.] ON THE CHARACTER OF THE ORATOR. 69

upon his shoulders, Quintus, the orphan son of Caius Sulpicius Galhis, his near relation, that he might, through the memory of his most illustrious father, draw tears from the people, and for recommending two little sons of his own to the guardian- ship of the public, and saying that he himself (as if he was making his will in the ranks before a battle,^ without balance or writing-tables^) appointed the people of Rome protectors of their orphan condition. As Galba, therefore, labored under the ill opinion and dislike of the people, Rutilius said that he owed his deliverance to such tragic tricks as these ; and I see it is also recorded in Cato's book, that if he had not employed chil- dren and tears^ he would have suffered. Such proceedings Ru- tiiius severely condemned, and said banishment, or even death, was more eligible than such meanness. Nor did he merely say this, but thought and acted accordingly ; for being a man, as you know, of exemplary integrity, a man to whom no per- son in the city was superior in honesty and integrity, he not only refused to supplicate his judges, but would not allow his cause to be pleaded with more ornament or freedom of lan- guage than the simple plainness of truth carried with it.^ Small was the part of it he assigned to Cotta here, his sister's son, and a youth of great eloquence ; and Quintus Mucins also took some share in his defense, speaking in his usual manner, without ostentation, but simply and with perspicuity. But if you, Crassus, had then spoken — you, who just now said that the orator must seek assistance from those disputations in which the philosophers indulge, to supply himself with matter for his speeches — if you had been at liberty to speak for Pub- lius Rutilius, not after the manner of philosophers, but in your own way, although his accusers had been, as they really were, abandoned and mischievous citizens, and worthy of the se- verest punishment, yet the force of your eloquence would have rooted all their unwarrantable cruelty from the bottom of their hearts. But, as it was, a man of such character was lost, because his cause was pleaded in such a manner as if the

^ When a soldier, in the hearing of three or more of his comrades, named some one his heir in case he should fall in the engagement.

^ When a person, in the presence of five witnesses and a libripens, assigned his property to somebody as his heir. Gains, ii., 101 ; Aul. Gell., XV., 27.

^ He was falsely accused of extortion in his province of Asia, and, be- ing condemned, was sent into exile. Cic, Brut., c. SO. Proust,

70 DE OEATOIIE ; OR, [b. I.

whole affair had been transacted in the imaginary common- wealth of Plato. Not a single individual uttered a groan ; not one of the advocates gave vent to an exclamation ; no one showed any appearance of grief; no one complained; no one. supplicated, no one implored the mercy of the public. In short, no one even stamped a foot on the trial, for fear, I sup- pose, of renouncing the doctrine of the Stoics.

LIV. " Thus a Roman, of consular dignity, imitated the illustrious Socrates of old, who, as he was a man of the great- est wisdom, and had lived in the utmost integrity, spoke for himself, when on trial for his life, in such a manner as not to seem a suppliant or prisoner, but the lord and master of his judges. Even when Lysias, a most eloquent orator, brought him a written speech, which, if he pleased, he might learn by heart, and repeat at his trial, he willingly read it over, and said it was written in a manner very well suited to the occa- sion ; but, said he, if you had brought me Sicyonian shoes, ^ I should not wear them, though they might be easy and suit my feet, because they would be effeminate; so that speech seems to me to be eloquent and becoming an orator, but not fearless and manly. In consequence, he also was condemned, not only by the first votes, by which the judges only decided whether they should acquit or condemn, but also by those Avhich, in conformity with the laws, they were obliged to give afterward. For at Athens, if the accused person was found guilty, and if his crime was not capital, there was a sort of estimation of punishment ; and when sentence was to be final- ly given by the judges, the criminal was asked what degree of punishment he acknowledged himself, at most, to deserve ; and when this question was put to Socrates, he answered that he deserved to be distinguished with the noblest honors and rewards, and to be daily maintained at the public expense in the Prytaneum ; an honor which, among the Greeks, is ac- counted the very highest. By which answer his judges were so exasperated that they condemned the most innocent of men to death. But had he been acquitted (which, indeed, though it is of no concern to us, yet I could wish to have been the case, because of the greatness of his genius), how could we have patience with those philosophers who now, though

^ Shoes made at Sicyon, and worn only by the effeminate and luxuri- ous. Lucret.j iv., 1121.

C. LV.] ON THE CHARACTER OF THE ORATOR. 71

Socrates was condemned for no other crime but want of skill in speaking, maintain that the precepts of oratory should be learned from themselves, who are disciples of Socrates ? With these men I have no dispute as to which of the two sciences is superior, or carries more truth in it ; 1 only say that the one is distinct from the other, and that oratory may exist in the highest perfection without philosophy.

LV. In bestowing such warm approbation on the civil law, Crassus, I see what was your motive ; when you were speaking, I did not see it.^ In the first place, you were will- ing to oblige Scasvola, whom we ought all to esteem most de- servedly for his singularly excellent disposition ; and seeing his science undowried and unadorned, you have enriched it with your eloquence as with a portion, and decorated it with a profusion of ornaments. In the next, as you had spent much pains and labor in the acquisition of it (since you had in your own house one'^ who encouraged and instructed you in that study), you were afraid that you might lose the fruit of your industry if you did not magnify the science by your eloquence. But I have no controversy with the science ; let it be of as much consequence as you represent it ; for without doubt it is of great and extensive concern, having relation to multitudes of people, and has always been held in the highest honor; and our most eminent citizens have ever been, and are still, at the head of the profession of it ; but take care, Crassus, lest, while you strive to adorn the knowledge of the civil law with new and foreign ornaments, you spoil and de- nude her of what is granted and accorded to her as her own. For if you were to say that he who is a lawyer is also an ora- tor, and that he who is an orator is also a lawyer, you would make two excellent branches of knowledge, each equal to the other, and sharers of the same dignity ; but now you allow that a man may be a lawyer without the eloquence which we are considering, and that there have been many such ; and you deny that a man can be an orator who has not acquired a knowledge of law. Thus the lawyer is, of himself, nothing with you but a sort of wary and acute legalist, an instructor

• Tmn^ quum dicehas, non videham. Many copies omit the negative ;

an omission approved by Ernesti, Henrichsen, and Ellendt.

^ Either Sccevola, the father-in-law of Crassus, or Lucius Coelius An- tipater^ whom Cicero mentions in his Brutus. Proust,

72 DE ORATORE ; OR, [b. I.

in actions,^ a repeater of forms, a catcher at syllables ; but because the orator has frequent occasion for the aid of the la-w- in his pleadings, you have of necessity joined legal knowledge to eloquence as a handmaid and attendant.

LVI. But as to your wonder at the effrontery of those advocates wdio, though they were ignorant of small things, profess great ones, or who ventured, in the management of causes, to treat of the most important points in the civil law, though they neither understood nor had ever learned them, the defense on both charges is easy and ready. For it is not at all surprising that he who is ignorant in what form of w^ords a contract of marriage is made, should be able to defend the cause of a woman who has formed such a contract; nor, though the same skill in steering is requisite for a small as for a large vessel, is he therefore, who is ignorant of the form of words by which an estate is to be divided, incapable of plead- ing a cause relative to the division of an estate.^ For though you appealed to causes of great consequence, pleaded before the centumviri, that turned upon points of law-, what cause was there among them all which could not have been ably pleaded by an eloquent man unacquainted with law? in all which causes, as in the cause of Manius Curius, Avhich was lately pleaded by you,^ and that of Caius Hostilius Mancinus,* and that of the boy who was born of a second wife, without

• Prcpxo actionum. One who informs those who are ignorant of law

when the courts will be open ; by what kind of suit any person must prosecute his claims on any other person; and acts in law proceedings as another sort oi' pj'ccco acts at auctions. Strehaius.

2 Herctum cieri — herciscundce fawiUcB, Co-heirs, when an estate de- scended among them, were, by the Roman law, bound to each other by the action familice herciscundce ; that is, to divide the whole family in- heritance, and settle all the accounts which related to it. Just., Inst., iii., 28, 4. The word herctum, says Festus, signifies whole or undivided, and CIO, to divide ; so, familiam herctam ciere was to divide the inherit- ance of the family, which two words, herctum ciere,, were afterward con- tracted into herciscere : hence this law-term used here, familiam hercis- cere. Servius has, therefore, from Donatus, thus illustrated a passage in Virgil, at the end of the Vlllth -^neid,

Citae Metium in diversa quadrigae Distulerant. Citm, sayc he, is a law-term, and signifies divided, as hereto non cito, the inheritance being undivided. Citce quadrigce, therefore, in that passage, does not mean quick or siciftj as is generally imagined, but draioing dif- ferent ways, B. ' ' See c. 39. ^ C. 40.

C. LVII.] ON THE CHARACTER OF THE ORATOR. 73

any notice of divorce having been sent to the first, ^ there was the greatest disagreement among the most skillful lavi^yers on points of law. I ask, then, how in these causes a knowledge of the law could have aided the orator, when that lawyer must have had the superiority, who was supported, not by his own, but a foreign art, not by knowledge of the law, but by eloquence ? I have often heard that, when Publius Crassus was a candidate for the aedileship, and Servius Galba, though older than he, and even of consular dignity, attended upon him to promote his interest (having betrothed Crassus's daugh- ter to his son Caius), there came a countryman to Crassus to consult him on some matter of law ; and when he had taken Crassus aside, and laid the affair before him, and received from him such an answer as was rather right than suited to his wishes, Galba, seeing him look dejected, called him by his name, and asked him on what matter he had consulted Cras- sus ; when, having heard his case, and seeing the man in great trouble, ' I perceive,' said he, ' that Crassus gave you an an- swer while his mind was anxious, and preoccupied with other affairs.' He then took Crassus by the hand, and said, ' Hark you, how came it into your head to give this man such an an- swer?' Crassus, who was a man of great legal knowledge, confidently repeated that the matter was exactly as he had stated in his answer, and that there could be no doubt. But Galba, referring to a variety and multiplicity of matters, ad- duced abundance of similar cases, and used many arguments for equity against the strict letter of law; while Crassus, as he could not maintain his ground in the debate (for, though he was numbered among the eloquent, he was by no means equal to Galba), had recourse to authorities, and showed what he had asserted in the books of his brother Publius Mucius,^ and in the commentaries of Sextus ^lius ; though he allowed, at the sjfme time, that Galba's arguments had appeared to him plausible, and almost true.

LVII. " But causes which are of such a kind that there can be no doubt of the law relative to them do not usually come to be tried at all. Does any one claim an inheritance under a will, which the father of a family made before he had

' C. 40.

^ The Crassus here mentioned was Publius Crassus Dives, brother of Publius Mucius, Pontifex Maximus. See c. 37. EllendU

D

74 DE oratoee; or, [b.i.

a son born ? Nobody ; because it is clear that by the birth of a son the will is canceled.^ Upon such points of law, there- fore, there are no questions to be tried. The orator, accord- ingly, may be ignorant of all this part of the law relative to controversies,^ which is, without doubt, the far greater part ; but on those points which are disputed, even among the most skillful lawyers, it will not be difficult for the orator to find some writer of authority on that side, whichsoever it be, that he is to defend, from whom, when he has received his javelins ready for throwing, he will hurl them with the arm and strength of an orator. Unless we are to suppose, indeed (I would wish to make the observation without offending this excellent man Scsevola), that you, Crassus, defended the cause of Manius Curius out of the writings and rules of your father- in-law. Did you not, on the contrary, undertake the defense of equity, the support of wills, and the intention of the dead ? Indeed, in my opinion (for I was frequently present and heard you), you won the far greater number of votes by your wit, humor, and happy raillery, when you joked upon the extraor- dinary acuteness, and expressed admiration of the genius, of Scoevola, who had discovered that a man must he horn hefore he can die ; and when you adduced many cases, both from the laws and decrees of the senate, as well as from common life and intercourse, not only acutely, but facetiously and sarcas- tically, in which, if we attended to the letter, and not the spir- it, nothing would result. The trial, therefore, was attended with abundance of mirth and pleasantry ; but of what service your knowledge of the civil law was to you upon it, I do not understand ; your great power in speaking, united with the utmost humor and grace, certainly was of great service. Even Mucins himself, the defender of the father's right, who fought as it wei^e for his own patrimony, what argument did he ad- vance in the cause, when he spoke against you, that appeared to be drawn from the civil law ? What particular law did he recite ? What did he explain in his speech that was unintel-

^ Cicero pro Caecina, c. 25 ; Gaius, ii., 138.

^ Omnem hanc partem juris in controversiis. For in controversiis Lam- binus and Ernesti would read, from a correction in an old copy, incon- iroversi ; but as there is no authority for this word, Ellendt, with Bakius, prefers non controversi. With this alteration, the sense will be, *' all this uncontroverted part of the law."

C. LVIII.] ON THE CHARACTER OF THE ORATOR. 75

ligible to the unlearned? The whole of his oration was em- ployed upon one point ; that is, in maintaining that what was written ought to be valid. But every boy is exercised on such subjects by his master, when he is instructed to support, in such cases as these, sometimes the written letter, sometimes equity. In that cause of the soldier, I presume, if you had defended either him or the heir, you would have had recourse to the cases of Hostilius,^ and not to your own power and tal- ent as an orator. Nay, rather, if you had defended the will, you would have argued in such a manner that the entire va- lidity of all wills whatsoever would have seemed to depend upon that single trial ; or, if you had pleaded the cause of the soldier, you would have raised his father, with your usual elo- quence, from the dead ; you would have placed him before the eyes of the audience ; he would have embraced his son, and with tears have recommended him to the Centumviri; you would have forced the very stones to weep and lament, so that all that clause, as the tongue had declared, would seem not to have been written in the Twelve Tables, which you prefer to all libraries, but in some mere formula of a teacher.

LVIII. "As to the indolence of which you accuse our youth, for not learning that science, because, in the first place, it is very easy (how easy it is, let them consider who strut about before us, presuming on their knowledge of the science, as if it were extremely difficult ; and do you yourself also con- sider that point, who say, that it is an easy science, which you admit as yet to be no science at all, but say that if some- body shall ever learn some other science, so as to be able to make this a science, it will then be a science) ; and because, in the next place, it is full of pleasure (but as to that matter, every one is willing to leave the pleasure to yourself, and is content to be without it, for there is not one of the young men who would not rather, if he must get any thing by heart, learn the Teucer of Pacuvius than the Manilian laws^ on emp- tion and vendition) ; and, in the third place, because you think

^ Certain legal formulse, of which some lawyer named Hostilius was the author. Ernesti.

^ Manilianas — leges. They were formulae which those who wished not to be deceived might use in buying and selling ; they are called

actiones by Yarro, K. E., ii., 5, 11 The author was Manius Ma-

nilius, an eminent lawyer, who was consul a.u.c. 603. Ernesti,

76 DE ORATORE ; OR, {j\. I.

that, from love to our country, we ought to acquire a knowl- edge of the practices of our ancestors ; do you not perceive that the old laws are either grown out of date from their very antiquity, or are set aside by such as are new ? ' As to your opinion, that men are rendered good by learning the civil law, because, by laws, rewards are appointed for virtue, and pun- ishment for vice ; I, for my part, imagined that virtue was instilled into mankind (if it can be instilled by any means) by mstruction and persuasion, not by menaces, and force, and ter- ror. As to the maxim that we should avoid evil, we can un- derstand how good a thing it is to do so without a knowledge of the law. And as to myself, to whom alone you allow the power of managing causes satisfactorily, without any knowl- edge of law, I make you, Crassus, this answer : that I never learned the civil law, nor was ever at a loss for the want of knowledge in it, in those causes which I was able to defend in the courts. ^ It is one thing to be a master in any pursuit or art, and another to be neither stupid nor ignorant in com- mon life, and the ordinary customs of mankind. May not every one of us go over our farms, or inspect our country af- fairs, for the sake of profit or delight at least V No man lives without using his eyes and understanding, so far as to be en- tirely ignorant what sowing and reaping is ; or what pruning vines and other trees means ; or at what season of the year, and in what manner, those things are done. If, therefore, any one of us has to look at his grounds, or give any directions about agriculture to his steward, or any orders to his bailiff, must we study the books of Mago the Carthaginian,'* or may we be content with our ordinary knowledge? Why, then, with regard to the civil law, may we not also, especially as we are worn out in causes and public business, and in the

^ There is no proper grammatical construction in this sentence. Ernesti observes that it is, perhaps, in some way unsound.

^Injure. "Apud tribunal prsetoris.'* Ernesti,

^ I translate the conclusion of the sentence in conformity with the text of Orellius, who puts tamen at the end of it, instead of letting it stand at the beginning of the next sentence, as is the case in other edi- tions. His interpretation is, invisere saltern. Though we be much oc- cupied, yet we can visit our farms."

• He wrote eight-and-twenty books on country affairs in the Punic

language, which were translated into Latin, by order of the senate, by Cassius Dionysius of Utica. See Varro, R. R., i., 1; and Columella, who calls him the father of farming. Proust,

C. LIX.] ON THE CHARACTER OF THE ORATOR. 77

forum, be sufficiently instructed, to such a degree at least as not to appear foreigners and strangers in our own country ? Or, if any cause, a little more obscure than ordinary, should be brought to us, it would, I presume, be difficult to communi- cate with our friend Scaevola here ; although indeed the par- ties, whose concern it is, bring nothing to us that has not been thoroughly considered and investigated. If there is a ques- tion about the nature of a thing itself under consideration ; if about boundaries (as we do not go in person to view the property itself i) ; if about writings and bonds,^ we of neces- sity have to study matters that are intricate and often diffi- cult ; and if we have to consider laws, or the opinions of men skilled in law, need we fear that we shall not be able to un- derstand them, if we have not studied the civil law from our youth?

LIX. '^Is the knowledge of the civil law, then, of no ad- vantage to the orator ? I can not deny that every kind of knowledge is of advantage, especially to him whose eloquence ought to be adorned with variety of matter ; but the things which are absolutely necessary to an orator are numerous, important, and difficult, so that I would not distract his indus- try among too many studies. Who can deny that the gesture and grace of Roscius are necessary in the orator's action and deportment? Yet nobody would advise youths that are studying oratory to labor in forming their attitudes like play- ers. What is so necessary to an orator as the voice? Yet, by my recommendation, no student in eloquence will be a slave to his voice like the Greeks and tragedians,^ who pass whole yea rs in sedentary declapaation, and daily, before they venture upon delivery, raise their voice by degrees as they sit, and, when they have finished pleading, sit down again, and lower and recover it, as it were, through a scale, from the

^ Quum in rem prcesentem non venimus. We do not go ad locum, unde prcEsentes rem et fines inspicere possimus. Ellendt.

^ Perscriptionibus. Perscriptio is considered by Ellendt to signify a draft or check to be presented to a banker.

^ Grcecorum more et tragoedorum. Lambinus would strike out ef, on the authority of three manuscripts ; and Pearce thinks that the conjunc- tion ought to be absent. Ernesti thinks that some substantive belong- ing to Grcecorum has dropped out of the text. A Leipsic edition, he ob- serves, has GrcEcorum more sophistarum et tragcedorum, but on what au- thority he does not know.

78 DE ORATORE ; OR, [b. I.

highest to the deepest tone. If we should do this, they whose causes we undertake would be condemned before we had re- peated the pcean and the munio^ as often as is prescribed. But if we must not employ ourselves upon gesture, which is of great service to the orator, or upon the culture of the voice, which alone is a great recommendation and support of elo- quence ; and if we can only improve in either in proportion to the leisure afforded us in this field of daily business, how much less must we apply to the occupation of learning the civil law % of which we may learn the chief points without regular study, and which is also unlike those other matters in this respect, that power of voice and gesture can not be got suddenly, or caught up from another person ; but a knowl- edge of the law, as far as it is useful in any cause, may be gained on the shortest possible notice, either from learned men or from books. Those eminent Greek orators, therefore, as they are unskilled in the law themselves, have, in their causes, men acquainted with the law to assist them, who are, as you before observed, called j^ragmatici In this respect our coun- trymen act far better, as they would have the laws and judi- cial decisions supported by the authority of men of the high- est rank. But the Greeks would not have neglected, if they had thought it necessary, to instruct the orator in the civil law, instead of allowing him a pragmaticus for an assistant.

LX. "As to your remark that age is preserved from soli- tude by the science of the civil law, we may perhaps also say that it is preserved from solitude by a large fortune. But we are inquiring, not what is advantageous to ourselves, but what is necessary for the orator. Although (since we take so many points of comparison with the orator from one sort of artist) Roscius, whom we mentioned before, is accustomed to say that, as age advances upon him, he will make the meas- ures of the flute-player slower, and the notes softer. But if he who is restricted to a certain modulation of numbers and feet, meditates, notwithstanding, something for his ease in the decline of life, how much more easily can we, I will not say lower our tones, but alter them entirely ? For it is no secret

^ PcEanem aut munionem. The word munionem is corrupt. Many edi- tions have nomiwn, which is left equally unexplained. The best conjec- tural emendation, as Orellius observes, is nomum^ proposed by a critic of Jena.

C. LX.] ON THE CHARACTER OF THE ORATOR. 79

to you, Crassus, how many and how various are the modes of speaking ; a variety which I know not whether you yourself have not been the first to exhibit to us, since you have for some time spoken more softly and gently than you used to do ; nor is this mildness in your eloquence, which carries so high authority with it, less approved than your former vast energy and exertion ; and there have been many orators, as we hear of Scipio and Lselius, who always spoke in a tone only a little raised above that of ordinary conversation, but never exerted their lungs or throats like Servius Galba. But if you shall ever be unable or unwilling to speak in this manner, are you afraid that your house, the house of such a man and such a citizen, will, if it be not frequented by the litigious, be desert- ed by the rest of mankind ? For my part, I am so far from having any similar feeling with regard to my own house, that I not only do not think that comfort for my old age is to be expected from a multitude of clients, but look for that solitude which you dread as for a safe harbor ; for I esteem repose to be the most agreeable solace in the last stage of ij^^""*^'-^--^'- " Those other branches of knowledge (though they certain- ly assist the orator) — I mean general history, and jurispru- dence, and the course of things in old times, and variety of precedents — I will, if ever I have occasion for them, borrow from my friend Longinus,^ an excellent man, and one of the greatest erudition in such matters. Nor will I dissuade these youths from reading every thing, hearing every thing, and ac- quainting themselves with every liberal study, and all polite learning, as you just now recommended ; but, upon my word, they do not seem likely to have too mu6h time, if they are in- clined to pursue and practice all that you, Crassus, have dic- tated ; for you seemed to me to impose upon their youth obli- gations almost too severe (though almost necessary, I admit, for the attainment of their desires), since extemporary exer- cises upon stated cases, and accurate and studied meditations, and practice in writing, which you truly called the modeler and finisher of the art of speaking, are tasks of much difficulty ; and that comparison of their own composition with the writ- ings- of others, and extemporal discussion on the work of an- other by way of praise or censure, confirmation or refutation,

^ Ernesti supposes him to be Caius Cassius Longinus, who is men- tioned by Cicero, pro Planco, c. 24,

80 DE oratore; or, [b.i.

demand no ordinary exertion, either of memory or powers of imitation.

LXI. " But what you added was appalling, and indeed will have, I fear, a greater tendency to deter than to encourage. You would have every one of us a Roscius in our profession ; and you said that what was excellent did not so much attract approbation, as what was faulty produced settled disgust ; but I do not think that want of perfection is so disparagingly re- garded in us as in the players; and I observe, accordingly, that we are often heard with the utmost attention, even when we are hoarse, for the interest of the subject itself and of the cause detains the audience ; while ^sopus, if he has the least hoarseness, is hissed; for at those from whom nothing is ex- pected but to please the ear, offense is taken whenever the least diminution of that pleasure occurs. But in eloquence there are many qualities that captivate ; and, if they are not all of the highest excellence, and yet most of them are praise- worthy, those that are of the highest excellence must neces- sarily excite admiration.

" To return, therefore, to our first consideration, let the or- ator be, as Crassus described him, one who can speak in a man- ner adapted to persuade ; and let him strictly devote himself to those things which are of common practice in civil com- munities, and in the forum, and, laying aside all other studies, however high and noble they may be, let him apply himself day and night, if I may say so, to this one pursuit, and imitate him to whom doubtless the highest excellence in oratory is conceded, Demosthenes the Athenian, in whom there is said to have been so much ardor and perseverance, that he over- came, first of all, the impediments of nature by pains and dil- igence ; and, though his voice was so inarticulate that he was unable to pronounce the first letter of the very art which he was so eager to acquire, he accomplished so much by practice that no one is thought to have spoken more distinctly; and, though his breath was short, he effected such improvement by holding it in while he spoke, that in one sequence of words (as his writings show) two risings and two fallings of his voice were included ;i and he also (as is related), after putting peb-

^ In one period or sentence he twice raised and twice lowered his voice ; he raised it in the former members of the period, and lowered it in the latter ; and this he did in one breath. Proust, This seems not

C. LXIT.] ON THE CHARACTER OF THE ORATOR. 81

bles into his mouth, used to pronounce several verses at the highest pitch of his voice without taking breath, not standing in one place, but walking forward, and mounting a steep as- cent. With such encouragements as these, I sincerely agree with you, Crassus, that youths should be incited to study and industry ; other accomplishments which you have collected from various and distinct arts and sciences, though you have mastered them all yourself, I regard as unconnected with the proper business and duty of an orator."

LXII. When Antonius had concluded these observations, Sulpicius and Cotta appeared to be in doubt whose discourse of the two seemed to approach nearer to the truth. Crassus then said, " You make our orator a mere mechanic, Antonius, but I am not certain whether you are not really of another opinion, and whether you are not practicing upon us your wonderful skill in refutation, in which no one was ever your superior ; a talent of which the exercise belongs properly to orators, but has now become common among philosophers, especially those who are accustomed to speak fully and fluent- ly on both sides of any question proposed. But I did not think, especially in the hearing of these young men, that mere- ly such an orator was to be described by me as would pass his whole life in courts of justice, and would carry thither nothing more than the necessity of his causes required ; but I contemplated something greater when I expressed my opinion that the orator, especially in such a republic as ours, ought to be deficient in nothing that could adorn his profession. But you, since you have circumscribed the whole business of an orator within such narrow limits, will explain to us with the less difficulty what you have settled as to oratorical^ duties and rules ; I think, however, that this may be done to-mor- row, for we have talked enough for to-day. And Scaevola, since he has appointed to go to his own Tusculan seat,^ will

quite correct. Cicero appears to mean, that of the two members the voice was once raised and once lowered in each.

^ OrelUus's text has prceceptis oratoris ; but we must undoubtedly read oTaioriis withPearce.

^ Atticus was exceedingly pleased with this treatise, and commended it extremely, but objected to the dismission of Scsevola from the disputa- tion after he had been introduced into the first dialogue. Cicero de- fends himself by the example of their '*god Plato," as he calls him, in his book De Repuhlicd ; where the scene being laid in the house of an

D2

82 DE ORATORE ; OR, [b. II.

now repose a little till the heat is abated ; and let us also, as the day is so far advanced, consult our health." ^ The pro- posal pleased the whole company. Scaevola then said, " In- deed, I could wish that I had not made an appointment with Lselius to go to that part of the Tusculan territory to-day. I would willingly hear Antonius ;" and, as he rose from his seat, he smiled and added, for he did not offend me so much when he pulled our civil law to pieces, as he amused me when he professed himself ignorant of it."

BOOK II.

THE ARGUMENT.

In this book Antonius gives instructions respecting invention in oratory, and the arrangements of the different parts of a speech ; departments in which he wsls thought to have attained great excellence, though his language was not always highly studied or elegant. See Cic, de Clar. Orat., c. 37. As humor in speaking was considered as a part of inven- tion, Caius Julius Caesar, who was called the most facetious man of his time, speaks copiously on that subject, c. 54-71.

I. There was, if you remember, brother Quint us, a strong persuasion in us when we were boys, that Lucius Crassus had acquired no more learning than he had been enabled to gain from instruction in his youth, and that Marcus Antonius was entirely destitute and ignorant of all erudition whatsoever; and there were many who, though they did not believe that such was really the case, yet, that they might more easily deter us from the pursuit of learning, when we were inflamed with a desire of attaining it, took a pleasure in reporting what

old gentleman, Cephalus, the old man, after bearing a part in the first conversation, excuses himself, saying that he must go to prayers, and re- turns no more, Plato not thinking it suitable to his age to be detained in the company through so long a discourse. With greater reason, there- fore, he says that he had used the same caution in the case of Scoevola, since it was not to be supposed that a person of his dignity, extreme age, and infirm health, would spend several successive days in another man's house : that the first day's dialogue related to his particular profession, but the other two chiefly to the rules and precepts of the art, at which it was not proper for one of Scaevola's temper and character to be present only as a hearer. Ad Attic, iv., 16. B.

^ Retire from the heat, like Scsevola, and take rest.

C. I.] ON THE CHARACTER OF THE ORATOR. 83

I have said of these orators ; so that, if men of no learning had acquired the greatest wisdom, and an incredible degree of eloquence, all our industry might seem vain, and the earnest perseverance of our father, one of the best and most sensible of men, in educating us, might appear to be folly. These reason ers we, as boys, used at that time to refute with the aid of witnesses whom we had at home, our father, Caius Aculeo our relative, and Lucius Cicero our uncle ; for our father, Aculeo (who married our mother's sister, and whom Crassus esteemed the most of all his friends), and our own uncle (who went with Antonius into Cilicia, and quitted it at the same time with him), often told us many particulars about Crassus, relative to his studies and learning; and as we, with our cousins, Aculeo' s sons, learned what Crassus approved, and were instructed by the masters whom he engaged, we had also frequent opportunities of observing (since, though boys,i we could understand this) that he spoke Greek so well that he might have been thought not to know any other language, and he put such questions to our masters, and discoursed upon such subjects in his conversation with them, that noth- ing appeared to be new or strange to him. But with regard to Antonius, although we had frequently heard from our un- cle, a person of the greatest, learning, how he had devoted himself, both at Athens and at Rhodes, to the conversation of the most learned men, yet I myself also, when quite a youth, often asked him many questions on the subject, as far as the bashfulness of my early years would permit. What I am writing will certainly not be new to you (for at that very time you heard it from me), namely, that from many and various conversations, he appeared to me neither ignorant nor unaccomplished in any thing in those branches of knowledge of which I could form any opinion. But there was such peculiarity in each, that Crassus desired not so much to be thought unlearned as to hold learning in contempt, and to prefer, on every subject, the understanding of our countrymen to that of the Greeks ; while Antonius thought that his ora- tory would be better received by the Roman people if he were believed to have had no learning at all; and thus the one imagined that he should have more authority if he appeared

^ The words cuvi essemus ejusmodi in this parenthesis, which all com- mentators regard as corrupt, are left untranslated.

84 BE ORATORE ; OR, ' [B. H.

to despise the Greeks, and the other if he seemed to know nothing of them.

But what their object was is certainly nothing to our pres- ent purpose. It is pertinent, however, to the treatise which I have commenced, and to this portion of it, to remark, that no man could ever excel and reach eminence in eloquence without leai'jaing,. not only the art of oratory, but every branch of useful knowledge. II. For almost all other arts can sup- port themselves independently, and by their own resources ; but to speak well, that is, to speak with learning, and skill, and elegance, has no definite province within the limits of which it is inclosed and restricted. Every thing that can possibly fall under discussion among mankind must be effect- ively treated by him who professes that he can practice this art, or he must relinquish all title to eloquence. For my own part, therefore, though I confess that both in our own country and in Greece itself, which always held this art in the highest estimation, there have arisen many men of extraordinary pow- ers, and of the highest excellence in speaking,^ without this absolute knowledge of every thing ; yet I affirm that such a degree of eloquence as was in Crassus and Antonius could not exist without a knowledge of all subjects that contribute to form that wisdom and that force of oratory which were seen in them. On this account, I had the greater satisfaction in committing to writing that dialogue which they formerly held on these subjects ; both that the notion which had always prevailed, that the one had no great learning, and that the other was wholly unlearned, might be eradicated, and that I might preserve, in the records of literature, the opinions which I thought divinely delivered by those consummate orators con- cerning eloquence, if I could by any means learn and fully register them; and also, indeed, that I might, as far as I should be able, rescue their fame, now upon the decline, from silence and oblivion. If they could have been known from writings of their own, I should, perhaps, have thought it less necessary for me to be thus elaborate ; but as one left but

^ Multos €t ingeniis et magna laude dicendi. This passage, as Ellendt observes, is manifestly corrupt. He proposes ingeniis magnos et laude dicendi; but this seems hardly Ciceronian. Aldus Manutius noticed that an adjective was apparently wanting to ingeniis^ but other editors have passed the passage in silence.

C. in.J ON THE CHARACTER OF THE ORATOR. 85

little in writing (at least, there is little extant), and that he wrote in his youth, ^ the other almost nothing, I thought it due from me to men of such genius, while we still retain a lively remembrance of them, to render their fame, if I could, imperishable. I enter upon this undertaking with the great- er hopes of effecting my object,^ because I am not writing of the eloquence of Servius Galba or Caius Carbo, concerning which I should be at liberty to invent whatever I pleased, as no one now living could confute me ; but I publish an account to be read by those who have frequently heard the men them- selves of whom I am speaking, that I may commend those two illustrious men to such as have never seen either of them, from the recollection, as a testimony, of those to whom both those orators were known, and who are now alive and present among us.

III. Nor do I now aim at instructing you, dearest and best of brothers, by means of rhetorical treatises, which you regard as unpolished (for what can be more refined or graceful than your own language ?) ; but though, whether it be, as you used to say, from judgment, or, as Isocrates, the father of eloquence, has written of himself, from a sort of bashfulness and ingenu- ous timidity, that you have shrunk from speaking in public, or whether, as you sometimes jocosely remark, you thought one orator sufficient, not only for one family, but almost for a whole community, I yet think that these books will not appear to you of that kind which may deservedly be ridiculed on ac- count of the deficiency in elegant learning in those who have discussed the art of speaking ; for nothing seems to me to be wanting in the conversation of Crassus and Antonius that any one could imagine possible to be known or understood by men of the greatest genius, the keenest application, the most consummate learning, and the utmost experience ; as you will very easily be able to judge, who have been pleased to acquire the knowledge and theory of oratory through your own ex- ertions, and to observe the practice of it in mine. But that we may the sooner accomplish the task which we have under- taken, and which is no ordinary one, let us leave our exordi- um, and proceed to the conversation and arguments of the characters whom I have offered to your notice.

^ See Brut., c. 43, 44.

^ Spe aggredior majore ad prohandum. That ad prohandum is to be joined with spe^ not with aggredior^ is shown by EUendt on b. i., c, 4.

86 DE oratore; or, [^* ii« 

The next day, then, after the former conversation had taken place, about the second hour/ while Crassus was yet in bed, and Sulpicius sitting by him, and Antonius walking with Cotta in the portico, on a sudden Quintus Catulus^ the elder, with his brother Caius Julius,^ arrived there ; and when Crassus heard of their coming, he arose in some haste, and they were all in a state of wonder, suspecting that the occasion of their arrival was of more than common importance. The parties having greeted each other with most friendly salutations, as their intimacy required, "What has brought you hither at last f said Crassus ; " is it any thing newf " Nothing, in- deed," said Catulus ; for you know it is the time of the pub- lic games. But (you may think us, if you please," added he, '^ either foolish or impertinent) when Cassar came yesterday in the evening to my Tusculan villa from his own, he told me that he had met Scsevola going from hence ; from whom he said that he had heard a wonderful account, namely, that you, whom I could never entice into such conversation, though I endeavored to prevail on you in every way, had held long dissertations with Antonius on eloquence, and had disputed, as in the schools, almost in the manner of the Greeks ; and my brother, therefore, entreated me, not being of myself, in- deed, averse to hear you, but, at the same time, afraid we might make a troublesome visit to you, to come hither with him ; for he said that Scaevola had told him that a great part of the discourse was postponed till to-day. If you think we have acted too forwardly, you will lay the blame upon Caesar; if too familiarly, upon both of us ; for we are rejoiced to have come, if we do not give you trouble by our visit." IV. Cras- sus replied, " Whatever object had brought you hither, I should rejoice to see at my house men for whom I have so much af- fection and friendship ; but yet (to say the truth) I had rather

^ The second hour of the morning, answering to our eight o'clock.

^ The same that was consul with Caius Marius, when they obtained, in conjunction, the famous victory over the Cimbri.

^ He was the brother of Quintus Catulus by the mother's side, and about twenty years his junior. The mother's name was Popilia. El- lendt. See c. 11. He was remarkable for wit, but his oratory is said to have wanted nerve. Brut., c. 48. Cicero, with great propriety, makes Sulpicius sit with Crassus, and Cotta walk with Antonius ; for Sulpicius wished to resemble Crassus in his style of oratory ; Cotta pre- ferred the manner of Antonius. Brutus, c. 55.

C. IV.] ON THE CHARACTER OP THE ORATOR. 87

it had been any other object than that which you mention. For I (to speak as I think) was never less satisfied with my- self than yesterday ; though this happened more through my own good-nature than any other fault of mine ; for, while I complied with the request of these youths, I forgot that I was an old man, and did that which I had never done even when young; I spoke on subjects that depended on a certain de- gree of learning. But it has happened very fortunately for me, that, as my part is finished, you have come to hear An- tonius." '^For my part, Crassus," returned Caesar, ^'I am indeed desirous to hear you in that kind of fuller and con- tinuous discussion, yet so that, if I can not have that happi- ness, I can be contented with your ordinary conversation. I will therefore endeavor that neither my friend Sulpicius, nor Cotta, may seem to have more influence with you than my- self, and will certainly entreat you to show some of your good-nature even to Catulus and me. But if you are not so inclined I will not press you, nor cause you, while you are afraid of appearing impertinent yourself, to think me imperti- nent. " Indeed, Caesar," replied Crassus, " I have always thought of all Latin words there was the greatest significance in that which you have just used ; for he whom we call im- pertirient seems to me to bear an appellation derived from not being pertinent ; and that appellation, according to our mode of speaking, is of very extensive meaning ; for whoever either does not discern what occasion requires, or talks too much, or is ostentatious of himself, or is forgetful either of the dig- nity or convenience of those in whose presence he is, or is in any respect awkward or presuming, Js called impertinent. With this fault that most learned nation of the Greeks abounds ; and, consequently, because the Greeks do not feel the influence of this evil, they have not even found a name for the foible ; for, though you make the most diligent inquiry, you will not find out how the Greeks designate an impertinent person. But of all their other impertinences, which are innumerable, I do not know whether there be any greater than their custom of raising the most subtile disputations on the most difficult or unnecessary points, in whatever place, and before whatever persons they think proper. This we were compelled to do by these youths yesterday, though against our will, and though we at first declined."

88 BE oratore; 0R5 [B.n.

V. "The Greeks, however, Crassus," rejoined Catulus, " who were eminent and illustrious in their respective states, as you are, and as we all desire to be, in our own republic, bore no resemblance to those Greeks who force themselves on our ears ; yet they did not in their leisure avoid this kind of discourse and disputation. And if they seem to you, as they ought to seem, impertinent, who have no regard to times, places, or persons, does this place, I pray, seem ill adapted to our purpose, in which the very portico where we are walking, and this field of exercise, and the seats in so many directions, revive in some degree the remembrance of the Greek gymna- sia and disputations? Or is the time unseasonable, during so much leisure as is seldom afforded us, and is now afforded at a season when it is most desirable ? Or are the company Tinsuited to this kind of discussion, when we are all of such a character as to think that life is nothing without these studies ?" " I contemplate all these things," said Crassus, " in a quite different light ; for I think that even the Greeks them- selves originally contrived their palaestrae, and seats, and por- ticoes for exercise and amusement, not for disputation ; since their gymnasia were invented many generations before the philosophers began to prate in them ; and at this very day, when the philosophers occupy all the gymnasia, their audience would still rather hear the discus than a philosopher ; and as soon as it begins to sound, they all desert the philosopher in the middle of his discourse, though discussing matters of the utmost weight and consequence, to anoint themselves for ex- ercise; thus preferring the lightest amusement to what the philosophers represent to be of the utmost utility. As to the leisure which you say we have, I agree with you ; but the en- joyment of leisure is not exertion of mind, but relaxation. VI. I have often heard from my father-in-law, in conversa- tion, that his father-in-law Laelius was almost always accus- tomed to go into the country with Scipio, and that they used to grow incredibly boyish again when they had escaped out of town, as if from a prison, into the open fields. I scarcely dare to say it of such eminent persons, yet Scsevola is in the habit of relating that they used to gather shells and pebbles at Caieta and Laurentum, and to descend to every sort of pastime and amusement. For such is the case, that as we see birds form and build nests for the sake of procreation and

C. VII,] ON THE CHARACTER OP THE ORATOR. 89

their own convenience, and, when they have completed any part, fly abroad in freedom, disengaged from their toils, in or- der to alleviate their anxiety, so our minds, wearied with legal business and the labors of the city, exult and long to flutter about, as it were, relieved from care and solicitude. In what I said to Scsevola, therefore, in pleading for Curius,^ I said only what I thought. ' For if,' said I, ' Scaevola, no will shall be properly made but what is of your writing, all of us citizens will come to you with our tablets, and you alone shall write all our wills ; but then,' continued I, ' when will you attend to public business ? when to that of your friends ? when to your own ? when, in a word, will you do nothing V adding, ' for he does not seem to me to be a free man who does not sometimes do nothing ;' of which opinion, Catulus, I still continue ; and, when I come hither, the mere privilege of doing nothing, and of being fairly idle, delights me. As to the third remark which you added, that you are of such a dispo- sition as to think life insipid without these studies, that ob- servation not only does not encourage me to any discussion, but even deters me from it. For as Caius Lucilius, a man of great learning and wit, used to say, that what he wrote he would neither wish to have read by the most illiterate persons, nor by those of the greatest learning, since the one sort under- stood nothing, and the other perhaps more than himself; to which purpose he also wrote, I do not care to read Persius'^ (for he was, as we know, about the most learned of all our coun- trymen) ; hut I wish to read Lcelius Decimus (with whom we were also acquainted, a man of worth and of some learning, but nothing to Persius) ; so I, if I am now to discuss these studies of ours, should not wish to do so before peasants, but much less before you ; for I had rather that my talk should not be understood than be censured."

VII. Indeed, Catulus," rejoined Caesar, " I think I have already gained some profit^ by coming hither ; for these rea- sons for declining a discussion have been to me a very agree-

^ In the speecli which he made on behalf of Curius, on the occasion mentioned in book i., c. 39. Proust.

- A learned orator, who wrote in the time of the Gracchi, and who is mentioned by Cicero, Brut., c. 26. Proust. Of Decimus Lselius noth- \ ing is known. Ellendt.

^ Navdsse operam ; that is, bene collocdsse, Ernesti.

90 DE ORATORE ; OR, [b. II.

able discussion. But why do we delay Antonius, whose part is, I hear, to give a dissertation upon eloquence in general, and for whom Cotta and Sulpicius have been some time wait- ing?" "But I," interposed Crassus, '^ will neither allow An- tonius to speak a word, nor will I utter a syllable myself, un- less I first obtain one favor from you." "What is it?" said Catulus. "That you spend the day here." Then, while Catulus hesitated, because he had promised to go to his broth- er's house, "I," said Julius, "will answer for both. We will do so ; and you would detain me even in case you were not to say a single word." Here Catulus smiled, and said, " My hesitation, then, is brought to an end ; for I had left no orders at home, and he at whose house I was to have been has thus readily engaged us to you, without waiting for my assent."

They then all turned their eyes upon Antonius, who cried out, "Be attentive, I say, be attentive, for you shall hear a man from the schools, a man from the professor's chair, deep- ly versed in Greek learning;^ and I shall, on this account, speak with the greater confidence, that Catulus is added to the audience, to whom not only we of the Latin tongue, but even the Greeks themselves, are wont to allow refinement and elegance in the Greek language. But since the whole process of speaking, whether it be an art or a business, can be of no avail without the addition of assurance, I will teach you, my scholars, that which I have not learned myself, what I think of every kind of speaking.^ When they all laughed, " It is a matter that seems to me," proceeded he, "to depend very greatly on talent, but only moderately on art ; for art lies in things which are known ; but all the pleading of an orator depends not on knowledge, but on opinion ; for we both ad- dress ourselves to those who are ignorant, and speak of what we do not know ourselves ; and, consequently, our hearers think and judge differently at different times concerning the same subjects, and we often take contrary sides, not only so that Crassus sometimes speaks against me, or I against Cras- sus, when one of us must of necessity advance what is false, but even that each of us, at different times, maintains differ- ent opinions on the same question, when more than one of those opinions can not possibly be right. I will speak, there- fore, as on a subject which is of a character to defend false-

^ Ironically spoken.

C.Vni.] ON THE CHARACTER OP THE ORATOR. 91

hood, which rarely arrives at knowledge,^ and which is ready to take advantage of the opinions and even errors of mankind, if you think that there is still reason why you should listen to me."

VIII. " We think, indeed, that there is very great reason," said Catulus, " and the more so, as you seem resolved to use no ostentation ; for you have commenced, not boastfully, but rather, as you think, with truth, than with any fanciful notion of the dignity of your subject." " As I have acknowledged, then," continued Antonius, " that it is not one of the greatest of arts, so I allow, at the same time, that certain artful direc- tions may be given for moving the feelings and gaining the favor of mankind. If any one thinks proper to say that the knowledge how to do this is a great art, I shall not contra- dict him ; for as many speakers speak upon causes in the fo- rum without due consideration or method, while others, from study, or a certain degree of practice, do their business with more address, there is no doubt that, if any one sets himself to observe what is the cause why some speak better than oth- ers, he may discover that cause ; and, consequently, he who shall extend such observation over the whole field of elo- quence, will find in it, if not an art absolutely, yet something resembling an art. And I could wish that, as I seem to see matters as they occur in the forum, and in pleadings, so I could now set them before you just as they are conducted!

" But I must consider my own powers. I now assert only that of which I am convinced, that although oratory is not an art, no excellence is superior to that of a consummate or- ator. For, to say nothing of the advantages of eloquence, which has the highest influence in every well-ordered and free state, there is such delight attendant on the very power of el- oquent speaking, that nothing more pleasing can be received into the ears or understanding of man. What music can be found more sweet than the pronunciation of a well-ordered oration ? What poem more agreeable than the skillful struc- ture of prose? What actor has ever given greater pleasure in imitating, than an orator gives in supporting, truth ? What penetrates the mind more keenly than an acute and quick suc-

^ Quce, ad scientiam non scepe perveniat. Ellendt incloses these words in brackets as spurious, regarding them as a gloss on the preceding phrase that has crept into the text. Their absence is desirable.

92 DE oratore; or, [b. n.

cession of arguments ? What is more admirable than thoughts illumined by brilliancy of expression ? What nearer to per- fection than a speech replete with every variety of matter? for there is no subject susceptible of being treated with ele- gance and effect that may not fall under the province of the orator. IX. It is his, in giving counsel on important affairs, to deliver his opinion with clearness and dignity ; it is his to rouse a people when they are languid, and to calm them when immoderately excited. By the same power of language, the wickedness of mankind is brought to destruction, and virtue to security. Who can exhort to virtue more ardently than the orator? Who reclaim from vice with greater energy? Who can reprove the bad with more asperity, or praise the good with better grace ? Who can break the force of unlaw- ful desire by more effective reprehension ? Who can alleviate grief with more soothing consolation ? By what other voice, too, than that of the orator, is history, the evidence of time, the light of truth, the life of memory, the directress of life, the herald of antiquity, committed to immortality? For if there be any other art which professes skill in inventing or selecting words ; if any one, besides the orator, is said to form a discourse, and to vary and adorn it with certain distinctions, as it were, of words and thoughts ; or if any method of argu- ment, or expression of thought, or distribution and arrange- ment of matter, is taught, except by this one art, let us con- fess that either that, of which this art makes profession, is for- eign to it, or possessed in common with some other art. But if such method and teaching be confined to this alone, it is not, though professors of other arts may have spoken well, the less on that account the property of this art ; but as an orator can speak best of all men on subjects that belong to other arts, if he makes himself acquainted with them (as Crassus observed yesterday), so the professors of other arts speak more eloquently on their own subjects, if they have acquired any instruction from this art ; for if any person versed in ag- riculture has spoken or written with eloquence on rural af- fairs, or a physician, as many have done, on diseases, or a painter upon painting, his eloquence "is not, on that account, to be considered as belonging to any of those arts ; although in eloquence, indeed, such is the force of human genius, many

C. X.] ON THE CHARACTER OF THE ORATOR. 93

men of every class and profession^ attain some proficiency even w^ithout instruction ; but, though you may judge what is peculiar to each art v^hen you have observed what they sev- erally teach, yet nothing can be more certain than that all other arts can discharge their duties without eloquence, but that an orator can not even acquire his name without it ; so that other men, if they are eloquent, borrow something from him ; while he, if he is not supplied from his own stores, can not obtain the power of speaking from any other art."

X. Catulus then said, " Although, Antonius, the course of your remarks ought by no means to be retarded by inter- ruption, yet you will bear with me and grant me pardon ; for I can not help crying out, as he in the Trinummus^ says, so ably do you seem to me to have desci ibed the powers of the orator, and so copiously to have extolled them, as the eloquent man, indeed, must necessarily do ; he must extol eloquence best of all men ; for to praise it he has to employ the very eloquence which he praises. But proceed, for I agree with you, that to speak eloquently is all your own ; and that, if any one does so on any other art, he employs an accomplishment borrowed from something else, not peculiar to him or his own." '^ The night," added Crassus, " has made you polite to us, Antonius, and humanized you ; for in yes- terday's address to us,^ you described the orator as a man that can do only one thing, like a waterma7i or a porter, as Caecilius^ says ; a fellow void of all learning and politeness." ^' Why yesterday," rejoined Antonius, " I had made it my object, if I refuted you, to take your scholars from you;^ but now, as Catulus and Caesar make part of the audience, I think I ought not so much to argue against you as to declare what I myself think. It follows, then, that, as the orator of whom we speak is to be placed in the forum, and in the view of the public, we must consider what employ- ment we are to give him, and to what duties we should wish him to be appointed. For Crassus^ yesterday, when you,

^ The reader will observe that the construction in the text is multi om- \ nium generum atque artium, as Ellendt observes, referring to Matthise.

^ iii., 2, 7. 3 gee ^ i^ e. 62.

• The VvTiter of Comedies, Vincere Ccecilius gr^avitate, Terentius arte.

Hor.

^ I wished to refute you yesterday, that I might draw Scaevola and Cotta from you. This is spoken in jest. Proust. ® B. i., c. 31.

94 DE ORATORE; or, [b, II.

Catulus and Caesar, were not present, made, in a few words, the same statement in regard to the division of the art that most of the Greeks have made ; not expressing what he himself thought, but what was said by them ; that there are two principal sorts of questions about which eloquence is employed — one indefinite, the other definite. He seemed to me to call that indefinite in which the subject of inquiry is general, as. Whether eloquence is desirable ; whether honors should he sought; and that definite in which there is an in- quiry with respect to particular persons, or any settled and defined point ; of which sort are the questions agitated in the forum, and in the causes and disputes of private citizens. These appear to me to consist either in judicial pleadings, or in giving counsel ; for that third kind, which was noticed by Crassus, and which, I hear, Aristotle^ himself, who has fully illustrated these subjects, added, is, though it be useful, less necessary." " What kind do you mean f said Catulus ; " is it panegyric ? for I observe that that is introduced as a third kind."

XL "It is so," says Antonius ; "and as to this kind of oratory, I know that I myself, and all who were present, were extremely delighted when your mother Popilia^ was honored with a panegyric by you ; the first woman, I think, to whom such honor was ever paid in this city. But it does not seem to me that all subjects on which we speak are to be included in art, and made subject to rules; for from those fountains, whence all the ornaments pf speech are drawn, we may also take the ornaments of panegyric, without requiring elementary instructions ; for who is ignorant, though no one teach him, what qualities are to be commended in any person? For if we but look to those things which Crassus has mentioned in the beginning of the speech which he de- livered when censor in opposition to his colleague,^ That in those things ivhich are bestoived on manJcind by nature or fortune^ he could contentedly allow himself to be excelled; but that in what- ever men could 'procure for themselves, he could not suffer himself to be excelled, he who would pronounce the panegyric of any person will understand that he must expatiate on the bless- ings of fortune ; and these are advantages of birth, wealth, re-

1 Rhet., i., 3, 1. ^ g^Q ^^^^^ ^^ c. 3.

^ Domitius Ahenobarbus. Plin., H. N., xvii., I.

C. XII.] ON THE CHARACTER OP THE ORATOR. 95

lationsliip, friends, resources, health, beauty, strength, talent, and such other qualities as are either personal, or dependent on circumstances ; and, if he possessed these, he must show that he made a proper use of them ; if not, that he managed wisely without them ; if he lost them, that he bore the loss with resignation ; he must then state what he whom he praises did or suffered with wisdom, or with liberality, or with forti- tude, or with justice, or with honor, or with piety, or with gratitude, or with humanity, or, in a word, under tlie influence of any virtue. These particulars, and whatever others are of similar kind, he will easily observe who is inclined to praise any person ; and he who is inclined to blame him the con- trary." Why, then, do you hesitate," said Catulus, to make this a third kind, since it is so in the nature of things ? for if it is more easy than others, it is not, on that account, to be excluded from the number." " Because I am unwill- ing," replied Antonius, " to treat of all that falls under the province of an orator, as if nothing, however small it may be, could be uttered without regard to stated rules. Evidence, for instance, is often to be given, and sometimes with great exactness, as I was obliged to give mine against Sextus Ti- tius,i a seditious and turbulent member of the commonwealth ; when, in delivering my evidence, I explained all the proceed- ings of my consulate, in which I, on behalf of the common- wealth, opposed him as tribune of the people, and exposed all that I thought he had done contrary to the interest of the state ; I was detained long, I listened to much, I answered many objections; but would you therefore wish, when you give precepts on eloquence, to add any instructions on giving evidence as a portion of the art of oratory ?"

XII. "There is, indeed," said Catulus, "no necessity." " Or if (as often happens to the greatest men) communications are to be delivered, either in the senate from a commander in chief, or to such a commander, or from the senate to any king or people, does it appear to you that because, on such subjects, we must use a more accurate sort of language than ordinary, this kind of speaking should be counted as a department of

^ A tribune of the people, a.u.c. 655, whom Antonius opposed about the Agrarian law. He is mentioned also in c. 66, and appears to be the same that is said to have played vigorously at ball, ii., 62 ; iii., 23. Ellendt, See also Cic., Brut., c. 62.

96 DE oratore; or, [b. n.

eloquence, and be furnished with peculiar precepts V^ " By no means," replied Catulus ; " for an eloquent man, in speak- ing on subjects of that sort, will not be at a loss for that tal- ent which he has acquired by practice on other matters and topics." " Those other kinds of subjects, therefore," continued Antonius, " which often require to be treated with eloquence, and which, as I said just now (when I was praising eloquence), belong to the orator, have neither any place in the division of the parts of oratory, nor fall under any peculiar kind of rules, and yet must be handled as eloquently as arguments in plead- ings ; such are reproof, exhortation, consolation, all which de- mand the finest graces of language ; yet these matters need no rules from art." "1 am decidedly of that opinion," said Ca- tulus. " Well, then, to proceed," said Antonius, " what sort of orator, or how great a master of language, do you think it requires to write history ?" If to write it as the Greeks have written, a man of the highest powers," said Catulus ; " if as our own countrymen, there is no need of an orator ; it is sufficient for the writer to tell the truth." But," rejoined Antonius, " that you may not despise those of our own coun- try, the Greeks themselves too wrote at first just like our Cato, and Pictor, and Piso. For history was nothing else but a compilation of annals ; and accordingly, for the sake of pre- serving the memory of public events, the pontifex maximus used to commit to writing the occurrences of every year, from the earliest period of Roman affairs to the time of the ponti- fex Publius Mucins, and had them engrossed on white tablets, which he set forth as a register in his own house, so that all the people had liberty to inspect it ; and these records are yet called the Great Annals. This mode of WTiting many have adopted, and, without any ornaments of style, have left behind them simple chronicles of times, persons, places, and events. Such, therefore, as w^ere Pherecydes, Hellanicus, Acusilas,^ and many others among the Greeks, are Cato, and Pictor, and Piso with us, who neither understand how compo- sition is to be adorned (for ornaments of style have been but recently introduced among us), and, provided what they re- lated can be understood, think brevity of expression the only merit. Antipater,^ an excellent man, the friend of Crassus,

^ Of these, Acusilas or Acusilaus, a native of Argos, was the most an- cient, according to Suidas. Ellendt. The others are better known.

• Lucius Cashus Antipater pubhshed a history of the Punic Wars, as

C. XIII.] ON THE CHARACTER OP THE ORATOR. 97

raised himself a little, and gave history a higher tone ; the oth- ers were not embellishers of facts, but mere narrators."

XIII. It is," rejoined Catulus, "as you say; but Anti- pater himself neither diversified his narrative by variety of thoughts, nor polished his style by an apt arrangement of words, or a smooth and equal flow of language, but rough- hewed it as he could, being a man of no learning, and not ex- tremely well qualified for an orator ; yet he excelled, as you say, his predecessors." It is far from being wonderful," said Antonius, " if history has not yet made a figure in our lan- guage ; for none of our countrymen study eloquence, unless that it may be displayed in causes and in the forum ; whereas among the Greeks, the most eloquent men, wholly unconnect- ed with public pleading, applied themselves as well to other honorable studies as to writing history ; for of Plerodotus him- self, who first embellished this kind of writing, we hear that he was never engaged in pleading ; yet his eloquence is so great as to delight me extremely, as far as I can understand Greek writing. After him, in my opinion, Thucydides has certainly surpassed all historians in the art of composition ; for he is so abundant in matter, that he almost equals the number of his words by the number of his thoughts ; and he is so happy and judicious in his expressions,^ that you are at a loss to decide whether his facts are set off by his style, or his style by his thoughts ; and of him, too, we do not hear, though he was engaged in public affairs, that he was of the number of those who pleaded causes, and he is said to have written his books at a time when he was removed from all civil employments, and, as usually happened to every eminent man at Athens, was driven into banishment. He w^as follow- ed by Philistus^ of Syracuse, who, living in great familiarity with the tyrant Dionysius, spent his leisure in writing history, and, as I think, principally imitated Thucydides. But after- ward, two men of great genius, Theopompus and Ephorus, coming from what we may call the noblest school of rhetoric,

Cicero says in his Orator, and was the master of Crassus, the speaker in these dialogues, as appears from Cic., Brut., c. 26. Proust.

^ Aptus et pressus. A scriptor, or orator aptus^ will be one '^structa et rotunda compositione verborum utens;" sind pressus will be "in j^erbo- rum circuitione nee superfluens nee claudicans." EUendt.

" He is called Pusillus Thucjdldes by Cicero, Ep. ad Q. Fratr., xii.

E

98 DE ORATORE ; OR, [b. II.

applied themselves to history by the persuasion of their mas- ter Isocrates, and never attended to pleading at all. XIV. At last historians arose also among the philosophers ; first Xen- ophon, the follow^er of Socrates, and afterward Callisthenes, the pupil of Aristotle and companion of Alexander. The latter wrote in an almost rhetorical manner ; the former used a milder strain of language, which has not the anima- tion of oratory, but, though perhaps less energetic, is, as it seems to me, much more pleasing. Timasus, the last of all these, but, as far as I can judge, by far the most learned, and abounding most with richness of matter and variety of thought, and not unpolished in style, brought a large store of eloquence to this kind of writing, but no experience in plead- ing causes."

When Antonius had spoken thus, What is this, Catulusf said CaBsar. " Where are they who say that Antonius is ig- norant of Greek ? how many historians has he named ! and how learnedly and judiciously has he spoken of each !" " On my word," said Catulus, " while I wonder at this, I cease to wonder at what I regarded with much greater wonder before, namely, that he, being unacquainted with these matters, should have such power as a speaker." " But, Catulus," said An- tonius, " my custom is to read these books, and some others, when I have leisure, not to hunt for any thing that may im- prove me in speaking, but for my own amusement. What profit is there from it, then ? I own that there is not much ; yet there is some ; for as, when I walk in the sun, though I may walk for another purpose, yet it naturally happens that I gain a deeper color ; so, when I have read those books at- tentively at Miseri13^^ (for at Rome I have scarcely opportu- nity to do so), I can perceive that my language acquires a com- plexion,^ as it were, from my intercourse with them. But, that you may not take what I say in too wide a sense, I only understand such of the Greek writings as their authors wish- ed to be understood by the generality of people. If I ever

^ A promontory of Campania, where Antonius had a country house.

^ Ruhnken, in a note on Timseus's Lex., p. 78, expresses a suspicion that Cicero, when he wrote this, was thinking of a passage in Plato's Letters, Ep. vii., p. 718, F. Greenwood. Orellius very judiciously in- serts tactu, the conjecture of Ernesti, in his text, instead of the old read- ing cantu^ which, though Ellendt retains and attempts to defend it, can not be made to give any satisfactory sense.

C. XV.] ON THE CHARACTER OF THE ORATOR. 99

fall in with the philosophers, deluded by the titles to their books, as they generally profess to be written on well-known and plain subjects, as virtue, justice, probity, pleasure, I do not understand a single word of them, so restricted are they to close and exact d^pbtations. The poets, as speaking in a different language, I never attempt to touch at all ; but amuse myself, as I said, with those who have written history, or their own speeches,! or who have adopted such a style that ihey seem to wish to be famihar to us who are not of the deepest erudition. XV. But I return to my subject. Do you see how far the study of history is the business of the orator? I know not whether it is not his most important business, for flow and variety of diction ; yet I do not find it any where treated separately under the rules of the rhetoricians. In- deed, all rules respecting it are obvious to common view; for who is ignorant that it is the first law in writing history that the historian must not dare to tell any falsehood, and the next, that he must be bold enough to tell the whole truth? Also, that there must be no suspicion of partiality in his writings, or of personal animosity ? "These fundamental rules are doubt- less universally known. The superstructure depends on facts and style. The course of facts requires attention to order of time and descriptions of countries ; and since, in great affairs, and such as are worthy of remembrance, first the designs, then the actions, and afterward the results, are expected, it de- mands also that it should be shown, in regard to the designs, what the writer approves, and that it should be told, in regard to the actions, not only what was done or said, but in what manner ; and when the result is stated, that all the causes contributing to it should be set forth, whether arising from accident, wisdom, or temerity ; and of the characters concern- ed, not only their acts, but, at least of those eminent in repu- tation and dignity, the life and manners of each. The sort of language and character of style to be observed must be reg- ular and continuous, flowing with a kind of equable smooth- ness, without the roughness of judicial pleadings, and the sharp- pointed sentences used at the bar. Concerning all these nu- merous and important points, there are no rules, do you ob- serve, to be found in the treatises of the rhetoricians.

^ Cicero means orators. The speeches which hisiorians have written are not given as their own, but put into the mout-ir of others, £lkndt.

100 DE ORATORE ; OR, [b. n.

" In the same silence have lain many other duties of the or- ator ; exhortation, consolation, precept, admonition, all of which are subjects for the highest eloquence, and yet have no place in those treatises on the art which are in circulation. Under this head, too, there is an infinite field<(P matter ; for (as Cras- sus observed) most writers assign to the orator two kinds of subjects on which he may speak ; the one concerning stated and defined questions^ such as are treated in judicial pleadings or political debates, to which he that will may add panegyrics ; the other, what all authors term (though none give any ex- planation) questions unlimited in their kindj without reference to time or person. When they speak of this sort of subjects, they do not appear to know the nature and extent of it ; for if it is the business of an orator to be able to speak on whatever subject is proposed ivithout limitation, he will have to speak on the magnitude of the sun, and on the sh^tggjjf the earth ; nor will be able, when he has undertaken such a task, to refuse to speak on mathematical and musical subjects. In short, for him who professes it to be his business to speak not only on those questions which are confined to certain times and per- sons (that is, on all judicial questions), but also on such as are unlimited in their kinds, there can be no subject for oratory to which he can take exception.

XYI. " But if we are disposed to assign to the orator that sort of questions, also, which are undefined, unsettled, and of extreme latitude, so as to suppose that he must speak of good and evil, of things to be desired or avoided, honorable or dis- honorable, profitable or unprofitable ; of virtue, justice, tem- perance, prudence, magnanimity, liberality, piety, friendship, fidelity, duty, and of other virtues and their opposite vices, as well as on state affairs, on government, on military matters, on civil polity, on morality ; let us take upon us that sort of subjects also, but so that it be circumscribed by moderate lim- its. I think, indeed, that all matters relative to intercourse between fellow-citizens, and the transactions of mankind in general, every thing that concerns habits of life, administra- tion of public affairs, civil society, the common sense of man* kind, the law of nature, and moral duties, falls within the province of an orator, if not to such an extent that he may answer on every subject separately, like the philosophers, yet so at least that -he may interweave them judiciously into his

C. XVII.] ON THE CHARACTER OF THE ORATOR. 101

pleadings, and may speak upon such topics as those who estab- lished laws, statutes, and commonwealths have spoken upon them, with simplicity and perspicuity, without any strict order of discussion, or jejune contention about words. That it may not seem wonderful that no rules on so many topics of such importance are here laid down by me, I give this as my rea- son : As in other arts, when the most difficult parts of each have been taught, other particulars, as being easier, or similar, are not necessary to be taught ; for example, in painting, he who has learned to paint the figure of a man can paint one of any shape or age without special instruction ; and as there is no danger that he who excels in painting a lion or a bull will be unable to succeed in painting other quadrupeds (for there is indeed no art whatever in which every thing capable of being effected by it is taught by the master ; but they who have learned the general principles regarding the chief and fixed points, accomplish the rest of themselves without any trouble), so I conceive that in oratory, whether it be an art, or an attainment from practice only, he who has acquired such ability that he can, at his pleasure, influence the under- standings of those who listen to him with some power of de- ciding, on questions concerning public matters, or his own pri- vate affairs, or concerning those for or against whom he speaks, will, on every other kind of oratorical subject, be no more at a loss what to say than the famous Polycletus, when he form- ed his Hercules, was at a loss how to execute the lion's skin, or the hydra, although he had never been taught to form them separately."

XVII. Catulus then observed, "You seem to me, Anto- nius, to have set clearly before us what he who designs to be an orator ought to learn, and what he may assume from that which he has learned without particular instruction ; for you have reduced his whole business to two kinds of causes only, and have left particulars, which are innumerable, to practice and comparison. But take care lest the hydra and lion's skin be included in those two kinds, and the Hercules and other greater works be left among the matters which you omit. For it does not seem to me to be less difficult to speak on the nature of things in general, than on the causes of particu- lar persons, and it seems even much more difficult to discourse on the nature of the gods, than on matters that are litigated

102 DE oratore; or, [b. II.

among men." '^ It is not so," replied Antonius ; '^for to you, Catulus, I will speak, not so much like a person of learning, as, what is more, one of experience. To speak on all other subjects is, believe me, mere play to a man who does not want parts or practice, and is not destitute of common literature or polite instruction ; but in contested causes, the business is of great difficulty ; I know not whether it be not the greatest by far of all human eiforts, where the abilities of the orator are, by the unlearned, estimated according to the result and suc- cess ; where an adversary presents himself armed at all points, who is to be at once attacked and repelled ; where he, who is to decide the question, is averse, or offended, or even friendly to your adversary, and hostile to yourself; when he is either to be instructed or undeceived, restrained or incited, or man- aged in every way, by force of argument, according to the cause and occasion ; when his benevolence is often to be turn- ed to hostility, and his hostility to benevolence ; when he is to be moved, as by some machinery, to severity or to indul- gence, to sorrow or to merriment — you must exert your whole power of thought and your whole force of language ; with which must be joined a delivery varied, energetic, full of life, full of spirit, full of feeling, full of nature. If any one, in such efforts as these, shall have mastered the art to such a degree that, like Phidias, he can make a statue of Minerva, he wall, like that great artist, find no difficulty in learning how to exe- cute the smaller figures upon the shield."

XVIII. "The greater and more wonderful you represent such performances," said Catulus, " the greater longing pos- sesses me to know by what methods or precepts such power in oratory may be acquired ; not that it any longer concerns me personally (for my age does not stand in need of it, and we used to pursue a different plan of speaking, as we never extorted decisions from the judges by force of eloquence, but rather received them from their hands, after conciliating their good-will only so far as they themselves would permit), yet I wish to learn your thoughts, not for any advantage to myself, as I say, but from a desire for knowledge. Nor have I occa- sion for any Greek master to repeat his hackneyed precepts, when he himself never saw the forum, or was present at a trial ; presumption similar to what is told of Phormio the Per- ipatetic ; for when Hannibal, driven from Carthage, came to

C. XIX.] ON THE CHARACTER OF THE ORATOR. 103

Ephesus as an exile to seek the protection of Antiochus, and, as his name was held in great honor among all men, was m- vited by those who entertained him to hear the philosopher whom I mentioned, if he were inclined ; and when he had sig- nified that he was not unwilling, that copious speaker is said to have harangued some hours upon the duties of a general, and the whole military art ; and when the rest of the audience, who were extremely delighted, inquired of Hannibal what he thought of the philosopher, the Carthaginian is reported to have answered, not in very good Greek, but with very good sense, that ' he had seen many doting old men, but had never seen any one deeper in his dotage than Phormio.' Nor did he say so, indeed, without reason ; for what could have been a greater proof of arrogance, or impertinent loquacity, than for a Greek, who had never seen an enemy or a camp, or had the least concern in any public employment, to deliver instruc- tions on the military art to Hannibal, who had contended so many years for empire with the Romans, the conquerors of all nations? In this manner all those seem to me to act who give rules on the art of speaking, for they teach others that of which they have no experience themselves. But they are perhaps less in error in this respect that they do not attempt to instruct you, Antonius, as he did Hannibal, but boys only, or youths."

XIX. You are wrong, Catulus," said Antonius, "for I myself have met with many Phormios. Who, indeed, is there among those Greeks that seems to think any of us understand any thing ? To me, however, they are not so very trouble- some; I easily bear with and endure them all; for they ei- ther produce something which diverts me, or make me repent less of not having learned from them. I dismiss them less contumeliously than Hannibal dismissed the philosopher, and on that account, perhaps, have more trouble with them ; but certainly all their teaching, as far as I can judge, is extremely ridiculous. For they divide the whole matter of oratory into two parts, the controversy about the cause and about the question. The cause they call the matter relating to the dis- pute or litigation affecting the persons concerned;^ the ques-

^ Reorum. This reading is very properly adopted by Orellius and EI- lendt in place of the old rerum, EUendt refers to c. 43 and 79 for the sense of reus.

104 DE oratore; or, [b. II.

tion, a matter of infinite doubt. Respecting the cause tliey give some precepts ; on the other part, of pleading they are wonderfully silent. They then make five parts, as it were, of oratory ; to invent what you are to say, to arrange what you have invented, to clothe it in proper language, then to commit it to memory, and at last to delivefTt with due action and elocution ; a task, surely, requiring no very abstruse study. For who would not understand without assistance that no- b ody can m ake a sp eeoh un less he has settled what to say , and in""what W6rds, and in what order, and rem embers it If I^ot that IlSnd ariy ftlUlt with these rules, but I say that they are obvious to all, as are likewise those four, five, six, or even seven partitions (since they are difierently divided by different teachers) into which every oration is by them distributed ; for they bid us adopt such an exordium as to make the hearer favorable to us, and willing to be informed and attentive ; then to state our case in such a manner that the detail may be probable, clear, and concise ; next, to divide or propound the question ; to confirm what mates for us by arguments and rea- soning, and refute what makes for the adversary ; after this some place the conclusion of the speech, and perorat ion as it were ; others direct you, before you come to the peroration, to roake H digression by way of embellishment or amplification, then to sum up and conclude. Nor do I altogether condemn these divisions ; for thejrttre made with some nicety, though without sufficient judgment, as must of necessity be the case with men who had no experience in real pleading. For the precepts which they confine to the exordium and statement of facts are to be observed through the whole speech; since I can more easily make a judge favorable to me in the progress of my speech, than when no part of the cause has been heard ; and desirous of information, not when I promise that I will prove something, but when I actually prove and explain ; and I can best make him attentive, not by the first statement, but by working on his mind through the whole course of the plead- ing. As to their direction that the statement of facts should be probable, and clear, and concise, they direct rightly ; but in supposing that these qualities belong more peculiarly to the statement of facts than to the whole of the speech, they seem to me to be greatly in error ; aigd^jyi§iodMk.^istake lies as- suredly in this, that they think oratory an art or science, not

C. XX.] ON THE CHARACTER OF THE ORATOR. 105

unlike other sciences, such as Crassus said^esterdaj mighitjbe ToT'meT&oi^^ of

tlie subject must first be enumerated, when itis a fault if any head be omitted ; next, the particulars under each general head, when it is a fault if any particular be either deficient or redundant ; then the definitions of all the terms, in which there ought to be nothing either wanting or superfluous.

XX. " But if the more learned can attain this exactness in the civil law, as well as in other studies of a small or moder- ate extent, the same can not, I think, be done in an aflfair of this compass and magnitude. If, however, any are of opinion that it can be done, they must be introduced to those who profess to teach these things as a science ; they will find ev- ery thing ready set forth and complete ; for there are books without number on these subjects, neither concealed nor ob- scure. But^let them consider what they mean to do ; whether they will take up arms for sport or for real warfare ; for with us a regular engagement and field of battle require one thing, the parade and school of exercise another. Yet preparatory exercise in arms is of some use both to the gladiator and the soldier ; but it is a bold and ready mind, acute and quick at expedients, that renders men invincible, and certainly not less eifectively if art be united with it.

I will now, therefore, form an orator for you, if I can, commencing so as to ascertain, first of all, what he is able to do. Let him have a tincture of learning ; let him have heard and read something ; let him have received those very instruc- tions in rhetoric to which I have alluded. I will try what becomes him; what he can accomplish with his voice, his lungs, his breath, and his tongue. If I conceive that he may reach the level of eminent speakers, I will not only exhort him to persevere in labor, but, if he seem to me to be a good man,^ will entreat him ; so much honor to the whole community do I think that there is in an excellent orator, who is at the same

^ Cato defined an orator vir bonus dicendi peritus. Cicero in this pas- sage, under the character of Antonius, and in his own person, De Inv., i., 3, 4, signifies that, though he thinks a good character of great import- ance in an orator, he does not deny that much eloquence may at times be found in a man of bad character. Cato and Cicero spoke each ac- cording to the character of his own age. Quintilian, xii., 1, goes back to the opinion of Cato. Aristotle had previously required good morals in an orator, Rhet., i., 2, 4 ; ii., 1,5. Ellendt,

E2

106 DE ORATORE ; OR, [b. II.

time a good man. But if he shall appear likely, after he has done his utmost in every way, to be numbered only among tolerable speakers, I will allow Him to act as he pleases, and not be very troublesome to him. But if he shall be altogether unfit for the profession, and wanting in sense, I will advise him to make no attempts, or to turn himself to some other pursuit. For neither is he, who can do excellently, to be left destitute of encouragement from us, nor is he, who can do some little, to be deterred ; because one seems to be the part of a sort of divinity ; the other, either to refrain from what you can not do extremely well, or to do what you can perform not contemptibly, is the part of a reasonable human being ; but the conduct of the third character, to declaim in spite of decency and natural deficiency, is that of a man who, as you said, Catulus, of a certain haranguer, collects as many wit- nesses as possible of his folly by a proclamation from himself. Of him, then, who shall prove such as to merit our exhorta- tion and encouragement, let me speak so as to communicate to him only what experience has taught myself, that, under my guidance, he may arrive at that point which I have reach- ed without any guide ; for I can give him no better instruc- tions.

XXI. " To commence, then, Catulus, by taking an example from our friend Sulpicius here ; I first heard him, when he was but a youth, in a cause of small importance ; he was pos- sessed of a voice, figure, deportment, and other qualifications suited for the profession which we are considering. His mode of speaking was quick and hurried, which was owing to his genius ; his style animated and somewhat too redun- dant, which was owing to his youth. I was very far from entertaining a slight opinion of him, since I like fertility to show itself in a young man ; for, as in vines, those branches which have spread too luxuriantly are more easily pruned than new shoots are produced by culture if the stem is defect- ive, so I would wish there to be that in a youth from which I may take something away. The sap can not be enduring in that which attains maturity too soon. I immediately saw his ability ; nor did I lose any time, but exhorted him to con- sider the forum as his school for improving himself, and to choose whom he pleased for a master ; if he would take my advice, Lucius Crassus. To this advice he eagerly listened.

C. XXII.] ON THE CHARACTER OF THE ORATOR. 107

and assured me that he would act accordingly; and added also, as a compliment, that I too should be a master to him. Scarce a year had passed from the time of this conversation and recommendation of mine when he accused Caius Norba- nus,^ and I defended him. It is incredible what a difference there appeared to me between him as he was then and as he had been a year before; nature herself led him irresistibly into the magnificent and noble style of Crassus ; but he could never have arrived at ^a satisfactory degree of excellence in it if he had not directed his efforts, by study and imitation, in the same course in which nature led him, so as intently to contemplate Crassus with his whole mind and faculties.

XXII. " Let this, then, be the first of my precepts, to point out to the student whom he should imitate, and in such a manner that he may most carefully copy the chief excellencies of him whom he takes for his model. Let practice then fol- low, by which he may represent in his imitation the exact resemblance of him whom he chose as his pattern ; not as I have known many imitators do, who endeavor to acquire by imitation what is easy, or what is remarkable, or almost faulty ; for nothing is easier than to imitate any person's dress, or attitude, or carriage ; or if there is any thing offensive in a character, it is no very difficult matter to adopt it, and be of- fensive in the same way ; in like manner as that Fusius, who even now, though he has lost his voice, rants on public topics, could never attain that nervous style of speaking which Caius Fimbria had, though he succeeds in imitating his distortion of features and broad prounciation ; but he neither knew how to choose a pattern whom he would chiefly resemble, and in him that he did choose he preferred copying the blemishes. But he who shall act as he ought must first of all be very careful in making this choice, and must use the utmost dili- gence to attain the chief excellencies of him whom he has ap- proved.

" What, let me ask, do you conceive to be the reason why almost every age has produced a peculiar style of speaking ? a matter on which we can not so easily form a judgment in regard to the orators of our own country (because they have, to say the truth, left but few writings from which such judg- ment might be formed), as those of the Greeks, from whose writings it may be understood what was the character and

' See c. 47.

108 DE ORATORE; or, [b. II.

tendency of eloquence in each particular age. The most an- cient, of whom there are any works extant, are Pericles^ and Alcibiades,^ and, in the same age, Thucydides, writers perspi- tfScious, pointed, concise, abounding more in thoughts than in words. It could not possibly have happened that they should all have the same character, unless they had proposed to them- selves some one example for imitation. These were followed in order of time by Critias, Theramenes, and Lysias. There are extant many writings of Lysias^ some of Critias ;^ of Theramenes"^ we only hear. They all still retained the vigor- ous style of Pericles, but had somewhat more exuberance. Then behold Isocrates arose, from whose school,^ as from the Trojan horse, none but real heroes proceeded; but some of them were desirous to be distinguished on parade, some in the field of battle. XXIII. Accordingly, those Theopompi, Ephori, Philisti,^ Naucratae,"^ and many others, differ in gen-

^ Cicero, Brut., c. 7, says that some compositions were in circulation under the name of Pericles; and QuintiHan, iii., 1, 12, looking to that observation of Cicero, tacitly assents to those who denied the genuine- ness of those compositions. See also Quint., x., 2, 22 ; 10, 49. Ellendt,

2 That Alcibiades left nothing in writing, though he had great repu- tation as a speaker, seems to be rightly inferred by Ruhnken from De- mosth., De Cor., c. 40. Thucydides is here mentioned among orators on account of the orations which he inserted in his history. Ellendt,

^ He wrote not only orations, which are mentioned by Dionys. Hali- carn., de Lysia jud., c. 2 ; cf. de Isao, c. 2 ; by Phrynichus, ap. Phot., Cod. 158, and by others, but also tragedies, elegies, and other works. That he was eloquent and learned we are told by Cicero, De Or., iii., 34; Brut., c. 7. Henrichsen. The remains of his writings were col- lected by Bach, 1827. Ellendt,

• The eloquence of Theramenes is mentioned by Cicero, iii., 16;

Brut., c. 7. The writings which Suidas enumerates as being his were doubtless spurious. See Ruhnken, Hist. Crit. Or. Gr., p. xl. Ellendt,

^ The words magister istorum omnium, which, though retained by Orellius, are pronounced spurious by Lambinus, Ernesti, Ruhnken, Schutz, and Ellendt, are left untranslated. '^ They can not be Cicero's words," says Ellendt, *'even though they are found quoted by Nonius, p. 344."

^ Henrichsen and Ellendt read Philisci. Philistus, apparently, from the way in which he is mentioned in c. 13, has, as Ellendt observes, no place here. ^'Philiscus of Miletus, a disciple of Isocrates (see Anon. Vit. Isocr.), and master of Timaeus the historian (see Suidas, under Philiscus and Timseus), wrote a treatise on rhetoric, orations, and a life of Lycurgus, noticed by Olympiodorus in Comment, ad Plat. Gorg., and other works. See Ruhnken, Hist. Crit. Or. Gr., p. Ixxxiii. Goell., de Situ et Orig. Syracus., p. 114." Henrichsen.

^ Naucrates, a native of Erythras, called 'iGOKparovg sTuTpog by Dio-

C. XXni.] ON THE CHARACTER OF THE ORATOR. 109

ius, but in their manner bear a strong resemblance both to each other and to their master; and those who applied them- selves to causes, as Demosthenes, Hjperides, ^schines, Lycur- gus, Dinarchus, and a multitude of others, although they were dissimilar in abilities one to another, yet were all engaged in imitating the same kind of natural excellence ; and as long as the imitation of their manner lasted, so long did that charac- ter and system of eloquence prevail. Afterward, when these were dead, and all recollection of them grew gradually ob- scure, and at last vanished, more lax and remiss modes of speaking prevailed. Subsequently Demochares, who, they say, was the son of Demosthenes' sister and the famous Demetrius Phalereus, the most polished of all that class, in my opinion, and others of like talents, arose ; and if we choose to pursue the list down to the present times, we shall understand that, as at this day all Asia imitates the famous Menecles of Ala- banda, and his brother Hierocles, to both of whom we have listened, so there has always been some one whom the gener- ality desired to resemble.

Whoever, then, shall seek to attain such resemblance, let him endeavor to acquire it by frequent and laborious exercise, and especially by composition ; and if our friend Sulpicius would practice this, his language would be more compact; for there is now in it at times, as farmers say of their corn when in the blade, amid the greatest fertility, a sort of luxu- riance which ought to be, as it were, eaten down^ by the use of the pen." Here Sulpicius observed, " You advise me right- ly, and I am obliged to you ; but I think that even you, An-

nysius Halicarnassensis, Rhet.,vi., 1, was distinguished for the composi- tion of funeral orations. He seems also to have written on rhetoric. See Cicero, De Orat., iii., 44; Brut., 51 ; Quintil., iii., G, 3 ; also Tay- lor, Lectt. Lys., c. 3, p. 232 ; Ruhnken, Hist. Crit. Or. Gr., p. Ixxxiv. Henrichsen,

' This is one of Virgil's directions to the farmer in the first Georgic, where he gives the reason for it :

Quid, qui ne gravidis procumbat culmus aristis, Luxuriem segetum tenera depascit in herba, Cum primum sulcos sequant sata? — Georg., i., 114.

And Pliny, 1. 18: Luxuries segetum castigatur dente pecoris, in herba duntaxat, et depastse quidem vel saepius nullam in spica injuriam senti- unt : ita juvenilis ubertas et luxuries orationis stylo et assiduitate scriben- di quasi absumitur et reprimitur." — B.

110 DE ORATORE; or, [b.H.

tonius, have never written much." As if," rejoined Anto- nius, '• I could not direct others in matters in which I am de- ficient myself; but, indeed, I am supposed not to write even my own accounts. But in this particular a judgment may be formed from my circumstances, and in the other from my abil- ity in speaking, however small it be, what I do in either way. We see, however, that there are many who imitate nobody, but attain what they desire by their own natural powers, with- out resembling any one ; a fact of which an instance may be seen in you, Csesar and Cotta ; for one of you has acquired a kind of pleasing humor and wit unusual in the orators of our country ; the other an extremely keen and subtle species of oratory. Nor does Curio, who is about your age, and the son of a father who was, in my opinion, very eloquent for his time, seem to me to imitate any one much ; but by a certain force, elegance, and copiousness of expression, has formed a sort of style and character of eloquence of his own ; of which I was chiefly enabled to judge in that cause which he pleaded against me before the Centumviri in behalf of the brothers Cossi, and in which no quality was wanting in him that an orator, not merely of fluency, but of judgment, ought to possess.

XXIV. " But to conduct, at length, him whom we are forming to the management of causes, and those in which there is considerable trouble, judicial trials, and contested suits (some- body will perhaps laugh at the precept which I am going to give, for it is not so much sagacious as necessary, and seems rather to proceed from a monitor Avho is not quite a fool than from a master of profound learning), our first precept for him shall be, That, whatever causes he undertakes to plead, he must acquire a minute and thorough knowledge of them. This is not a precept laid down in the schools; for easy causes are given to boys. 'The law forbids a stranger to ascend the wall ; he ascends it ; he beats back the enemy ; he is accused.' It is no trouble to understand such a cause as this. They are right, therefore, in giving no precepts about learning the cause ; for such is generally the form of causes in the schools. But in the forum, wills, evidence, contracts, covenants, stipulations, relationship by blood, by afiinity, decrees, opinions of lawyers, and even the lives and characters of those concerned in the cause, are all to be investigated ; and by negligence in these particulars we see many causes lost, especially those relative

C.XXiy.] ON THE CHARACTER OF THE ORATOR. Ill

to private concerns, as they are often of greater intricacy. Thus some, while they would have their business thought very extensive, that they may seem to fly about the whole forum, and to go from one cause to another, speak upon causes which they have not mastered, whence they incur much censure ; censure for negligence if they voluntarily undertake the busi- ness, or for perfidiousness if they undertake it under any en- gagement;^ but such censure is assuredly of worse conse- quence than they imagine, since nobody can possibly speak on a subject which he does not understand otherwise than to his own disgrace; and thus, while they despise the im- putation of ignorance, which is in reality the greater fault, they incur that of stupidity also, which they more anxiously avoid.

It is my custom to use my endeavor that every one of my clients may give me instructions in his own affairs him- self, and that nobody else be present, so that he may speak with the greater freedom. ^ I am accustomed also to plead to him the cause of his adversary, in order to engage him to plead his own, and state boldly what he thinks of his own case. When he is gone, I conceive myself in three characters — my own, that of the adversary, and that of the judge. What- ever circumstance is such as to promise more support or as- sistance than obstruction, I resolve to speak upon it ; wher- ever I find more harm than good, I set aside and totally reject that part entirely ; and thus I gain this advantage, that I consider at one time what I shall say, and say it at another ; two things which most speakers, relying upon their genius, do at one and the same time ; but certainly those very persons would speak considerably better if they would but re- solve to take one time for premeditation, and another for speaking.

"When I have acquired a thorough understanding of the business and the cause, it immediately becomes my consider-

^ Magna offensio vel vegligentice, susceptis rebus, vel perfidice, ?'eceptis. JRecipere is used with a reference to others, by whom we allow some duty to be laid upon us ; suscipere regards only ourselves. Ellendt.

^ Inertia, This passage puzzled Lambinus and others, who did not see how the reproach of inertia in an orator could be greater than that of tarditas, or stupidity. But iner^tia here signifies a7'tis ignorantia, ignorance of his art, which is doubtless the greatest fault in an orator. Verhurg,

112 • DE ORATORE; or, [b. II.

ation what ground there may be for doubt. For of all points that are disputed among mankind, whether the case is of a criminal nature, as concerning an act of violence ; or contro- versial, as concerning an inheritance ; or deliberative, as on going to war ; or personal, as in panegyric ; or argumenta- tive, as on modes of life, there is nothing in which the in- quiry is not either what has been done, or is being done, or will be done, or of what nature a thing is, or how it should be designated.

XXV. " Our causes, such at least as concern criminal mat- ters, are generally defended by the plea of not guilty ; for in charges of extortion of money, which are the most im- portant, the facts are almost all to be denied ; and in those of bribery to procure offices, it is seldom in our power to distin- guish munificence and liberality from corruption and criminal largess. In accusations of stabbing, or poisoning, or embezzle- ment of the public money, we necessarily deny the charge. On trials, therefore, the first kind of causes is that which arises from dispute as to the fact. In deliberations, the dis- cussion generally springs from a question as to what is to be done, rarely about any thing present or already done. But oftentimes the question is not whether a thing is a fact or not, but of what nature it is ; as when the consul, Caius Carbo, in my hearing, defended the cause of Opimius before the people, he denied no circumstance in the death of Caius Gracchus, but maintained that it was a lawful act for the good of his country ; or, as when Publius Africanus replied to the same Carbo (then tribune of the people, engaging in political affairs with very different views, ^ and asking a question about the death of Tiberius Gracchus) ' that he seemed to have been lawfully put to death.' But every thing may be asserted to have been done lawfully, which is of such a kind that it may be said that it ought to have been done, or was properly and necessarily done, or done unawares, or by accident. Then the question ' what a thing should be called' arises when there is a dispute by what term an act should be designated, as was the great point of dispute between myself and our friend Sulpicius in Norbanus's cause ; for though I admitted most of the charges made by him on the other side, I still denied that treason had been committed by Norbanus; on the signification of

^ Because he was then attached to the party of the Gracchi. Proust.

C. XXYI.] ON THE CHARACTER OF THE ORATOR. 113

which word, by the Apuleian law,^ the whole cause depended. And in this species of causes some lay it down as a rule that both parties should define clearly and briefly the term that gives rise to the question. This seems to me extremely puerile ; for it is quite a different thing from defining words when any dispute arises among the learned about matters relating to science, as when it is inquired, what is an art, what is a law, what is a state ? On which occasions reason and learning direct, that the whole force of the thing which you define should be expressed in such a manner that there be nothing omitted or superfluous ; but this neither Sulpicius did in that cause, nor did I attempt to do it ; for each of us, to the best of our abilities, enlarged with the utmost copious- ness of language upon what it was to commit treason. Since, in the first place, a definition, if one word is objectionable, or may be added or taken away, is often wrested out of our hands ; and, in the next, the very practice itself savors of school learning and almost puerile exercise; and besides, it can not penetrate into the mind and understanding of the judge, for it glides off before it has made any impression.

XXVI. " But in that kind of causes in which it is disputed of what nature any thing is, the contest often arises from the interpretation of writing, when there can be no controversy but about something that is doubtful. For even the case, in which the written letter differs from the intention, involves a species of doubt, which is cleared up when the words which are wanting are supplied; and such addition being made, it is maintained that the intention of the writing was clear ; and if any doubt arises from contradictory writings, it is not a new kind of controversy that arises, but a cause of the former sort is 'doubled -^ and this can either never be determined, or must be so determined that, by supplying the missing words, the writing which we defend, whichsoever of the two it is, may be rendered complete. Thus, of those causes which arise from a controversy about a writing, when any thing is ex-

^ A law of Lucius Apuleius Saturninus, tribune of the people, A.u.c. 652. It is also mentioned in c. 49. But neither the cause nor subject of it is at all known. Ellendt.

^ Superioris generis causa duplicatur. Ellendt explains these words thus : in the same cause, the allegations of the two parties are judged as two separate questions of the same kind.

114 DE oratore; or, [b. n.

pressed ambiguously, there exists but one kind. But as there are many sorts of ambiguities (which they who are called logicians seem to me to understand better than other men ; while those of our profession, who ought to know them full as w^ell, seem to be ignorant of them), so that is the most fre- quent in occurrence, either in discourse or writing, when a question arises from a word or words being left out. They make another mistake when they distinguish this kind of causes, which consist in the interpretation of writing, from those in which it is disputed of what nature a thing is ; for there is nowhere so much dispute respecting the exact nature of a thing as in regard to writing, which is totally separated from controversy concerning fact. There are in all, there- fore, three sorts of matters which may possibly fall under doubt and discussion — what is now done, what has been done, or what is to be done ; what the nature of a thing is, or how it should be designated ; for as to the question which some Greeks add, whether a thing be rightly done, it is wholly in- cluded in the inquiry what the nature of the thing is.

XXVII. " But to return to my own method. When, after hearing and understanding the nature of a cause, I proceed to examine the subject-matter of it, I settle nothing until I have ascertained to what point my whole speech, bearing immedi- ately on the question and case, must be directed. I then very diligently consider two other points ; the one, how to recom- mend myself, or those for w^hom I plead ; the other, how to sway the minds of those before whom I speak to that which I desire. Thus the whole business of speaking rests upon three things for success in persuasion : that we prove what we maintain to be true ; that we conciliate those who hear ; that we produce in their minds whatever feeling our cause may re- quire. For the purpose of proof, two kinds of matter pr£sent themselves to the orator ; one, consisting of such things as are not invented by him, but, as appertaining to the cause, are judiciously treated by him, as deeds, testimonies, covenants, contTHCtg, iiXaminalions, Iliws, acts of the senate, precedents, decrees, opinions of lawyers, and whatever else is not found out by the orator, but brought under his notice by the cause ^ and by his clients ; the other, consisting entirely in the ora-^ tor's own reasoning and arguments : so that, as to the former head, he has only to handle the arguments with w^hich he is

C. XXVIII.] ON THE CHARACTER OF THE ORATOR. 115

furnished; as to the latter, to invent arguments likewise. Those who profess to teach eloquence, after dividing causes into several kinds, suggest a number of arguments for each kind, which method, though it may be better adapted to the instruction of youth, in order that when a case is proposed to them they may have something to which they may refer, and from whence they may draw forth arguments ready prepared ; yet it shows a slowness 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 ascertain the spring from which every thing proceeds.

" But that first kind of matters which are brought before the orator ought to be the constant subject of our contempla- tion for general practice in affairs of that nature. For in sup- port of deeds and against them, for and against evidence, for and against examinations by torture, and in other subjects of that sort, we usually speak either of each kind in general and abstractedly, or as confined to particular occasions, persons, and causes ; and such commonplaces (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 in- validate testimony, deeds, and examinations. These matters are all to be attained with a moderate share of capacity, though with very great practice ; and they require art and instruc- tion only so far as they should be illustrated with certain em- bellishments of language. So also those which are of the other kind, and which proceed wholly from the orator, are not difficult of invention, but require perspicuous and correct ex- position. As these two things, therefore, are the objects of our inquiry in causes, first, what we shall say, and, next, how we shall say it, the former, which seems to be wholly con- cerned with art, though it does indeed require some art, is yet an affair of but ordinary understanding, namely, to see what ought to be said; the latter 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 once

^ Which shows what a speaker ought to say, and what is effective in persuading an audience. Proust,

116 DE oratore; or, [b. II.

declared it to be your pleasure, I will not refuse to finish off and complete (how far I shall succeed you will best judge), and shall show from what topics a speech must be furnished in order to effect these three objects which alone have power to persuade ; namely, that the minds of the audience be con- ciliated^ informed^ and moved^ for these are the three ; but how they should be illustrated, there is one present who can in- struct us all ; one who first introduced this excellence into our practice, who principally improved it, who alone has brought it to perfection. For I think, Catulus (and I will say 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 attentively ; and, therefore, if there is any ability 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 from this, that no orator ever delivered any thing in my hear- ing which did not sink deeply into my memory ; and I, such as I am, and as far 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 excellent accomplishments in speaking as are in Crassus. On which account, if you also are of the same opinion, it will not, as I think, be 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 him to Crassus to be fur- nished with apparel and ornaments."

Crassus then said, " Do you rather, Antonius, go on as you have commenced ; for it is not the part of a good or liberal parent not to clothe and adorn him whom he has engendered and brought up, especially as you can not deny that you are wealthy enough. For what grace, what power, what spirit, what dignity was wanting to that orator, who, at the close of a speech, did not hesitate to call forth his accused client, though of consular rank, and to tear open his garment, and to expose to the judges the scars on the breast of the old commander?^

^ Manius Aquilius, who, after the termination of the servile war in Sicily, was brought to trial on a charge of extortion. As he was unwill- ing to entreat the pity of the judges, Antonius, who pleaded for him, tore open his tunic in front, and showed the scars of the honorable wounds which he had received in battle. He was acquitted. Livy, Epit. ProusU

C. XXIX.] ON THE CHARACTER OF THE ORATOR. 117

who also, when he defended a seditious madman,^ Sulpicius here being the accuser, did not hesitate to speak in favor of sedition itself, and to demonstrate, with the utmost power of language, that many popular insurrections are just, for which nobody could be accountable ? adding that many seditions had occurred to the benefit of the commonwealth, as when the kings were expelled, and when the power of the tribunes was established ; and that the sedition of Norbanus, proceeding from the grief of the citizens, and their hatred to Ca3pio, who had lost the army, could not possibly be restrained, and was blown up into a flame by a just indignation. Could this, so hazardous a topic, so unprecedented, so delicate, so new, be handled without an incredible force and power of eloquence ? What shall I say of the compassion excited for Cneius Man- lius,2 or that in favor of Quintus Eex?^ What of other in- numerable instances, in which it was not that extraordinary acuteness, which every body allows you, that was most con- spicuous, but it was those very qualities which you now as- cribe to me, that were always eminent and excellent in you." XXIX. " For my part," said Catulus, " what I am accus- tomed most to admire in you both is, that while you. are total- ly unlike each other in your manner of speaking, yet each of you speaks so well, that nothing seems either to have been de- nied you by nature, or not to have been bestowed on you by learning. You, therefore, Crassus, from your obliging disposi- tion, will neither withhold from us the illustration of what- ever may have been inadvertently or purposely omitted by Antonius ; nor if you, Antonius, do not speak on every point, we shall think, not that you could not speak on it, but that you preferred that it should be treated by Crassus." Here Crassus said, " Do you rather, Antonius, omit those particu- lars which you have proposed to treat, and which no one here needs, namely, from what topics the statements made in plead- ings are to be derived, which, though they would be treated by you in a new and excellent way, are in their nature very

^ Norbanus the tribune. See note on c. 47. Ellendt.

^ He was consul with Publius Eutilius, a.u.c. 649; and having re- fused to unite his troops with those of Quintus Caspio, the proconsul, was defeated by the Cimbri, and lost his army. Livy, Ep. Ixvii. For this miscarriage he was, with Caspio, brought to trial, and must have been defended by Antonius. Ellendt.

^ Of the trial of Quintus Marcius Eex nothing is known, EllendL

118 DE ORATORE; or, [b. II.

easy, and commonly set forth in books of rules ; but show us those resources whence you draw that eloquence which you frequently exert, and always divinely." " 1 will indeed show you them," said Antonius ; and that I may the more easily obtain from you what I require, I will refuse you nothing that you ask. The supports of my whole eloquence, and that pow- er of speaking which Crassus 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 divi- sions 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 favor, must either lean to our side from propensity of feeling, or be swayed by the arguments of our defense, or be forced by action upon his mind. But since that part, in which the opening of the case itself and the de- fense lie, seems to comprehend all that is laid down as doc- trine on this 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 as it were on my memory.

XXX.- We shall willingly consent to your judicious pro- posal, Crassus, to omit those defenses for every sort of causes which the masters of rhetoric are accustomed to teach boys, and to open those sources whence all arguments for every cause and speech are derived. For neither, as often as we have occasion to write any word, need the letters of that word be so often collected in our thoughts ; nor, as often as we are to plead a cause, need we turn to the separate arguments for that cause ; but we should have certain commonplaces which, like letters for forming a word, immediately occur to us to aid in stating a cause. But these commonplaces can be of advan- tage only to that orator who is conversant in business, 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 man of ever so deep erudition, of ever so acute and sub- tile an intellect, or ever so ready an elocution, if he be a stranger to the customs of civil communities, to the examples, to the institutions, to the manners and inclinations of his fel- low-citizens, the commonplaces from which arguments are drawn will be of little benefit to him. I must have a well-

C. XXXI.] ON THE CHARACTER OF THE ORATOR. 119

cultivated genius, like a field not once plowed only, but again and again, with renewed and repeated tillage, that it may- produce better and larger crops ; and the cultivation here re- quired is experience, attentive hearing of other orators, read- ing, and writing.

" First, then, let him examine the nature of his cause, which is never obscure so far as the inquiry ' whether a thing has been done or not ;' or ' of what nature it is ;' or ' what name it should receive ;' and when this is ascertained, it im- mediately occurs, with the aid of natural good sense, and not of those artifices which teachers of rhetoric inculcate, ' what constitutes the cause,' that is, the point without which there would be no controversy ; then, ' what is the matter for trial,' which they direct you to ascertain in this manner : Opimius slew Gracchus : what constitutes the cause ? ' That he slew him for the good of the republic, when he had called the peo- ple 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 such a deed could be authorized contrary to the laws. The point therefore to be tried will be 'wheth- er Opimius had authority to do so from the decree of the sen- ate, for the good of the commonwealth.' These matters are indeed clear, and may be settled by common sense ; but it re- mains to be considered what arguments, relative to the point for trial, ought to be advanced, as well by the accuser as by him who has undertaken the defense.

XXXI. " Here we must notice a capital error in those masters to whom we send our children ; not that it has much to do with speaking, but that you may see how stupid and unpolished a set of men they are who imagine themselves learned. For, in distinguishing the different kinds of speak- ing, they make two species of causes. One they call ' that in which the question is about a general proposition, without reference to persons and times ;' the other, 'that which is con- fined to certain persons and times ;' being ignorant that all controversies must have relation to the force and nature of the general position ; for in that very cause which I mentioned, the person of Opimius or Decius has nothing to do with the com- mon arguments of the orator ; since the inquiry has unrestrict- ed reference to the question in general, ' whether he seems de- serving of punishment who has slain a citizen under a decree

120 BE ORATORE ; OR, [b. U.

of the senate for the preservation of his country, when such a deed was not permitted 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, and not from argu- ments 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,' the argu- ments both for the accusation and for the defense must have reference to the general question, and the general nature of the case ; as, to show that the defendant is expensive, the arguments must refer to luxury ; that he is covetous of an- other's property, to avarice ; that he is seditious, to turbulent and ill-designing citizens in general ; that he is convicted by many proofs, to the general nature of evidence : and, on the other side, whatever is said for the defendant must of neces- sity be abstracted from the occasion and individual, and re- ferred to the general notions of things and questions of the kind. These, perhaps, to a man who can not readily com- prehend in his mind all that is in the nature of things, may seem extremely numerous to come under consideration when the question is about a single fact ; but it is the number of charges, and not of modes of defense, or topics for them, that is in finite. 2

XXXII. " But when there is no contest about facts, the questions on the nature of facts, if you reckon them from the number of the parties accused, are innumerable and intricate ; if from the facts themselves, very few and clear. For if we consider the case of Mancinus^ so as referring to Mancinus alone, then, whenever a person whom the chief herald has sur- rendered to the enemy is not readmitted into his country, a new case will arise. But if what gives rise to the contro- versy be the general question, ^whether to him whom the chief herald has surrendered, if he has not been readmitted into his country, there seems to be a right of return,' the name of Mancinus has nothing to do with the mode of speaking upon

^ He was accused of having been bribed to bring Opimius to trial for having caused the death of Caius Gracchus. See Smithes Diet, of Biog. and Mythol., art. Decius, n. 4.

2 Innumerable accusations may be brought against a person, as against Verres by Cicero ; but the loci, common topics or grounds, on which the attack or defense will rest (respecting, for instance, avarice, luxury, vio- lence, treason), will be but few. Ellendt. ^ Sec i., 40.

C. XXXIII.] ON THE CHARACTER OP THE ORATOR. 121

it, or the arguments for the defense. And if the merit or de- merit of the person give rise to any discussion, it is wholly beside the question ; and the part of the speech referring to the question must, of necessity, be adapted to such arguments in general. I do not reason upon these subjects for the pur- pose of confuting learned teachers ; although those merit re- proof who, in their general definition, describe this sort of causes as relating to persons and times. For, although times and persons are incident to them, yet it should be understood that the causes 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 sufficient that this only should be known, that they have not even attained a point which they might have effected amid so much leisure, even without any experience in affairs of the forum ; that is, they might have distinguished the general natures of cases, and explained them a little more accurately. But this, as I said, is not my business ; it is mine, and much more yours, my friends Cotta and Sulpicius, to know, that as their arti- ficial rules now stand, the multitude of causes is to be dread- ed ; for it is infinite if they are referred to persons ; so many men, so many causes ; but, if they are referred to general questions, they are so limited and few, that studious orators of good memory and judgment ought to have them digested in their minds, and, I may almost say, learned by heart ; unless, perhaps, you imagine that Lucius Crassus took his notion of that famous cause^ from Manius Curius personally, and thus brought many arguments to show why, though no posthumous son was born, yet Curius ought to be the heir of Coponius. The name of Coponius or of Curius had no influence at all on the array of arguments advanced, or on the force and nature of the question ; the whole controversy had regard to all af- fairs and events of that kind in general, not to particular oc- casions or names ; since the writing was thus. If a son is horn to me J and he die before j etc, then let him he my heir ; and if a son was not born, the question was whether he ought to be heir who was appointed heir on the death of the son.

XXXIII. " A question regarding unvarying equity, and of

a general nature, requires no names of persons, but merely

8 skill in speaking, and sources of proper argument. In this

^ See i., 39. F

122 DE oratore; or, [b.*ii.

respect even the lawyers themselves are an impediment to ns, and hinder us from learning ; for I perceive it to be generally reported in the books 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, some cause for consultation or doubt to have arisen from the persons, not from the thing; so that, since persons are innumerable, 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, and set them forth arranged under general heads ; for you must know, Catulus, that he promised us yesterday that he would reduce the civil law, which is now in a state of con- fusion 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 be able to define exactly, and to illustrate eloquently, every point com- prehended in the law." "We shall then," said Antonius, " learn all these things from Crassus, when he shall have be- taken himself, as he intends, from the tumult of public busi- ness and the benches of the forum to a quiet retreat and to his throne."! "I have indeed often," observed Catulus, " 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 his power ; for neither will he permit his assistance to be repeatedly implored in vain by persons of character, nor will the public endure his retirement patiently, as they will think that if they lose the eloquence of Lucius Crassus, they will lose one of the principal ornaments of the city." " In- deed, then," remarked Antonius, "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 sci- ence to the tranquillity of the Scaevolae and other such happy people." Here Crassus smiled a little, and said, "Finish weaving, Antonius, the web which you have begun ; yet that yawning science, as you term it, when I have sheltered my- self under it, will vindicate my right to liberty."

^ See i., 45 ; also iii., 83 ; ii., 55 ; and De Legg., i., 3.

C. XXXV.] ON THE CHABAOTER OF THE ORATOR, 123

XXXIV. ^^ This is indeed the end/' continued Antonius, "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, arranged under general heads, as 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 elegant enough, if they are such that the subject seems to have suggested them. And if you ask the truth (as far, 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 commonplaces into the forum with us, and not, when any cause is brought before us, begin then to seek for topics from which we may draw our arguments; topics which, indeed, by all who have made them the subjects of but moderate consideration, may be thoroughly prepared by means of study and practice ; but the thoughts must still revert to those general heads and commonplaces to which I have so often alluded, and fromi which all arguments are drawn for every species of oratory. All that is required, whether it result from art, or observation, 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 practiced in the treatment of sub- jects, nothing will escape you, and every circumstance mate- rial to the question will occur and suggest itself to you.

XXXV. " Since^^thenj^ in_S£eaking,_t^^ things are requi- site for fijading^'-gument-rrrgejaiii^^m if wepleasCj

"we may call art), and* diligence, I can not but assign th.e. ^ef place to genius ; yet diligence can raise even genius itself out of dullness ; diligence, I say, which, as it avails in all things, is ^Iso of the utmost moment in pleading causes. Diligence is to be particularly cultivated by us ; it is to be constantly exerted ; it is capable of effecting almost every thing. That a cause is thoroughly understood, as I said at

124 DE oratore; or, [b.ii.

first, is owing to diligence ; that we listen to our adversary attentively, and possess ourselves, not only of his thoughts, but even of his every word ; that we observe all the motions of his countenance, which generally indicate the workings of the mind, is owing to diligence [but to do this covertly, that he may not seem to derive any advantage to himself, is the part of prudence] ;^ that the mind ruminates on those topics which I shall soon mention, that it insinuates itself thorough- ly into the cause, that it fixes itself on it with care and atten- tion, is owing to diligence ; that it applies the memory like a light, to all these matters, as well as the tone of voice and power of delivery, is owing to diligence. Betwixt genius and diligence there is very little room left for art ; art only shows you where to look, and where that lies which you want to find ; all the rest depends on care, attention, consideration, vigilance, assiduity, industry ; all which I include in that one word which I have so often repeated, diligence ; a single vir- tue, in which all other virtues are comprehended. For we see how the philosophers abound in copiousness of language, who, as I think (but you, Catulus, know these matters better), lay down no precepts of eloquence, and yet do not, on that ac- count, the less undertake to speak with fullness and fluency on whatever subject is proposed to them."

XXXVL Catulus then observed, It is as you say, Anto- nius, that most philosophers deliver no precepts of eloquence, and yet are prepared with something to say on any subject. But Aristotle, he whom I admire more than any of them, has set forth certain topics from which every line of argument may be deduced, not only for the disputations of philosophy, but even for the reasoning which we use in pleading causes ; from whose notions your discourse, Antonius, has for some time past not varied ; whether you, from a t-esemblance to that divine genius, hit upon his track, or whether you have read and made yourself master of his writings — a supposition, indeed, which seems to be more probable than the other, for I see that you have paid more attention to the Greek writers than we had imagined." * You shall hear from myself," said he, " Catulus, what is really the case : I always thought that an orator would be more agreeable to the Roman people, and

^ The words in brackets are regarded by all the best critics as the production of some interpolator.

C. XXXVII.] ON THE CHAKACTER OF THE ORATOR. 125

better approved, who should give, above all, as little indica- tion as possible of artifice, and none at all of having studied Grecian literature. At the same time, when the Greeks un- dertook, professed, and executed such great things, when they offered to teach mankind how to penetrate the most obscure subjects, to live virtuously and to speak eloquently, I thought it the part of an irrational animal rather than a man not to pay them some degree of attention, and, if we can not venture to hear them openly, for fear of diminishing our authority with our own fellow-citizens, to catch their words at least by listening privately, and hearkening at a distance to what they stated ; and thus I have acted, Catulus, and have gained a general notion of the arguments and subjects of all their writers."

XXXYII. "Eeally and truly," said Catulus, "you have steered your bark to the coasts of philosophy with the utmost caution, as if you had been approaching some rock of unlaw- ful desire,^ though this country has never despised philosophy. For Italy was formerly full of Pythagoreans, at the time when part of this country was called Great Greece^ (whence some report that Numa Pompilius, one of our kings, was a Pytha- gorean, though he lived many years before the time of Pytha- goras; for which reason he is to be accounted the greater man, as he had the wisdom and knowledge to regulate our state almost two centuries before the Greeks knew that it had arisen in the world) ; and certainly this country never pro- duced men more renowned for glorious actions, or of greater gravity and authority, or possessed of more polite learning than Publius Africanus, Caius Laslius, and Lucius Furius, who always had about them publicly the most learned men from Greece. I have often heard them say that the Athe- nians had done what was very pleasing to them, and to many of the leading men in the city, in sending, when they dispatch- ed embassadors to the senate about important concerns of their own, the three most illustrious philosophers of that age, Car-

^ That the allusion is to the islands of the Sirens, who tried to allure Ulysses to Hsten to their song, the commentators have already observed. Ellendt.

^ Quum erat in hac gente Magna ilia Grcecia, * ' when Great Greece was in (or among) this people." In hac gente^ i. e., in Italis, among the Italians, or in Italy. Ellendt.

126 DE ORATORE ; OR, [b. II.

neades, Critolaus, and Diogenes; who, during their stay at Rome, were frequently heard lecturing by them and others. And when you had such authorities as these, Antonius, I wonder why you should, like Zethus in Pacuvius's play,^ al- most declare war against philosophy." "I have not by any means done so," replied Antonius, "for I have determined rather to philosophize, like Ennius's Neoptolemus, a little, since to he absolutely a philosopher is not agreeable to me. But my opinion, which I think I have clearly laid down, is this : I do not disapprove of such studies if they be but moderately pursued ; but I think that the reputation of that kind of learning, and all suspicion of artifice, is prejudicial to the orator with those who have the decision of affairs ; for it di- minishes the authority of the speaker and the credit of his speech."

XXXVIIL " But that our conversation may return to the point from which it digressed, do you observe that of those three illustrious philosophers, who, as you said, came to Rome, one was Diogenes, who professed to teach the art of reasoning well, and distinguishing truth from falsehood, which he called by the Greek name ^LaXsKTiKr]^ or logic? In this art, if it be an art, there are no directions how truth may be discovered, but only how it may be judged. For every thing of which we speak we either affirm to be or not to be ;2 and if it be expressed absolutely, the logicians take it in hand to judge whether it be true or false ; or, if it be expressed condition- ally, and qualifications are added, they determine whether such qualifications are rightly added, and whether the conclu- sion of each syllogism is true ; and at last they torment them- selves with their own subtilties, and, after much disquisition, find out not only what they themselves can not resolve, but

^ In one of the tragedies of Pacuvius were represented two brothers, Amphion and Zethus, the former fond of philosophy, music, and the re- fined arts, the other of a rougher disposition, addicted to war and de- spising science. To this story Horace also alludes, Ep. i., 18, 41 :

Gratia sic fratrum geminorum Amphionis atque

Zethi, dissiluit, donee suspecta severo

Conticuit lyra. Fraternis cessisse putatur

Moribus Amphion. B, ? In this passage I adopt the correction, or rather restoration, of El- lendt. Nam et omne, quod eloquimur, Jit, ut id aut esse dicamus aut non esse. All other modern editions for^^ have sic.

C. XXXIX.] ON THE CHARACTER OF THE ORATOR. 127

even arguments, by which what they had before begun to re- solve, or rather had almost made clear, is agdin involved in obscurity. Here, then, that Stoic^ can be of no assistance to me, because he does not teach me how to find out what to say; he is rather even an impediment to me; for he finds many difficulties which he says can by no means be cleared, and unites with them a kind of language that is not clear, easy, and fluent, but poor, dry, succinct, and concise ; and if any one shall approve of such a style, he will approve it with the acknowledgment that it is not suited to the orator. For our mode of speaking is to be adapted to the ear of the mul-

• titude, to fascinate and excite their minds, and to prove mat- ters that are not weighed in the scales of the goldsmith, but in the balance, as it were, of popular opinion ; we may there- fore entirely dismiss an art which is too silent about the in- vention of arguments, and too full of words in pronouncing judgment on them. That Critolaus, whom you mention as having come hither with Diogenes, might, I fancy, have been of more assistance to our studies, for he was out of the school of that Aristotle from whose method I seem to you not great- ly to differ. Between this Aristotle (of whom I have read, as well that book in which he explains the rhetorical systems of all who went before him, as those in which he gives us some notions of his own on the art), between him, I say, and the professed teachers of the art, there appeared to me to be this difference : that he, with the same acuteness of intellect with which he had penetrated the qualities and nature of things throughout the universe, saw into every thing that per- tained to the art of rhetoric, which he thought beneath him ; but they, who thought this art alone worthy of cultivation, passed their whole lives in contemplating this one subject, not with as much ability as he, but with constant practice in their

- single pursuit, and greater devotion to it. As to Carneades, that extraordinary force and variety of eloquence which he possessed would be extremely desirable for us ; a man who never took up any argument in his disputations which he did not prove ; never attacked any argument that he did not over- throw. But this is too arduous an accomplishment to be ex- pected from those who profess and teach rhetoric.

XXXIX. " If it were my desire that a person totally il- ^ Diogenes, and other Stoics like him. ProusU

128 DE ORATORE ; OR, [b. H.

literate should be instructed in the art of speaking, I would willingly send him to these perpetual workers at the same employment, who hammer day and night on the same anvit, and who would put his literary food into his mouth, in the smallest pieces, minced as fine as possible, as nurses put theirs into the mouths of children. But if he were one who had had a liberal education, and some degree of practice, and seemed to have some acuteness of genius, I would instantly conduct him, not where a little brook of water was confined by itself, but to the source whence a whole flood gushed forth ; to an instructor who would show him the seats and abodes, as it were, of every sort of arguments, and would illustrate them briefly, and define them in proper terms. For what point is there in which he can hesitate, who shall see that whatever is assumed in speaking, either to prove or to refute, is either de- rived from the peculiar force and nature of the subject itself, or borrowed from something foreign to it ? From its own peculiar force : as when it is inquired, ' what the nature of a whole thing is,' or ' a part of it,' or ' what name it has,' or whatever belongs to the whole matter. From what is foreign to it : as when circumstances which are extrinsic, and not in- herent in the nature of the thing, are enumerated in combina- tion. If the inquiry regard the whole, its whole force is to be explained by a definition, thus: 'If the majesty of a state be its greatness and dignity, he is a traitor to its majesty who delivers up an army to the enemies of the Roman people, not he who delivers up him who has violated it into the power of the Roman people.' But if the question respect only a part, the matter must be managed by partition in this manner: 'Either the senate should have been obeyed concerning the safety of the republic, or some other authority should have been constituted, or he should have acted on his own judg- ment : to constitute another authority had been haughty ; to act on his own judgment had been arrogant ; he had there- fore to obey the direction of the senate.' If we argue from a name, we may express ourselves like Carbo : ' If he be a con- sul who consults the good of his country, what else has Opimi- us done ?' But if we argue from what is intimately connect- ed with the subject, there are many sources of arguments and commonplaces ; for we shall look to adjuncts, to general views, to particulars falling under general views, to things similar

C. XL.] ON THE CHARACTER OF THE ORATOR. 129

and dissimilar, contrary, consequential ; to such as agree with the case, and are, as it were, forerunners of it, and such as are at variance with it ; we shall investigate the causes of circum- stances, and whatever has arisen from those causes ; and shall notice cases that are stronger, or similar, or weaker.

XL. "From things closely relating to the subject argu- ments are drawn thus : ' If the utmost praise is to be attrib- uted to filial duty, you ought to be moved when you see Quintus Metellus mourn so tenderly.' From general consider- ations, thus : ' If magistrates ought to be under the power of the Roman people, of what do you accuse Norbanus, whose tribuneship was subservient to the will of the state ?' From particulars that fall under the general consideration, thus : ^If all who consult the interest of the public ought to be dear to us, certainly military commanders should be pecul- iarly dear, by whose conduct, courage, and exposure to dan- ger we preserve our own safety and the dignity of the em- pire.' From similarity, thus : ' If wild beasts love their off- spring, what affection ought we to feel for our children f From dissimilarity, thus : ' If it be the character of barbarians to live as it were for a short season, our plans ought to have respect to perpetuity.' In both modes of comparison, from similarity as well as dissimilarity, examples are taken from the acts, sayings, and successes of others ; and fictitious nar- ratives may often be introduced. From contraries, argu- ments are drawn thus: 'If Gracchus acted in a detestable, Opimius has acted in a glorious manner.' From subsequent circumstances, thus : ' If he be slain with a weapon, and you, his enemy, are found on the very spot with a bloody sword, and nobody but you is seen there, and no one else had any reason to commit the act, and you were always of a daring character, what ground is there on which we can possibly doubt of your guilt?' From concurrent, antecedent, and repugnant circumstances, thus, as Crassus argued when he was quite a young man : ' Although, Carbo, you defended Opimius, this audience will not on that account esteem you a good citizen ; for it is clear that you dissembled and had other views, because you often, in your harangues, deplored the fate of Tiberius Gracchus, because you were an accom- plice in the death of Publius Africanus, because you proposed a law of such a nature in your tribuneship, because you have

F2

130 BE ORATORE; OR, [b. H.

always dissented from good members of the state.' From the causes of things, thus : ' If you would abolish avarice, you must abolish the parent of it, luxury.' From whatever arises from those causes, thus : ' If we use the money in the treasury as well for the services of war as the ornaments of peace, let us take care of the public revenues.' Stronger, weaker, and parallel instances, we shall compare thus : from a stronger we shall argue in this way : ^ If a good name be preferable to riches, and money is pursued with so much industry, with how much more exertion is glory to be sought?' From a weaker, thus :

• ' Since merely for a small acquaintance' sake

He takes this woman's death so nearly, what If he himself had loved? what would he feel For me, his father ? ^

"From a parallel case, thus: 'It is natural to the same character to be rapacious of the public money, and to be pro- fuse of it to the public prejudice.' But instances borrowed from extraneous circumstances are such as are not supported by their own strength, but somewhat foreign : as, ' This is true; for Quintus Lutatius has affirmed it:' 'This is false; for an examination has been made :' ' This must of necessity follow ; for I shall read the writings ;' on which head I spoke fully a little while ago. XLI. I have been as brief in the exemplification of these matters as their nature would permit. For as, if I wished to make known to any one a quantity of gold, that was buried in separate heaps, it ought to be suffi- cient if I told him the signs and marks of the places, with the knowledge of which he might dig for himself, and find what he wished with very little trouble, and without any mistake ; so I wished to specify such marks, as it were, of arguments, as would let him who seeks them know where they are -^ what remains is to be brought out by industry and thought. What kind of arguments is most suitable to any particular kind of cause it requires no exquisite skill to prescribe, but

^ Terence, Andr., i., 1, 83, Colman's translation.

^ I follow Ellendt's text : Sic has ego argumentorum void notas qucerenti demonstrare uhi sint. Orellius and most other editors have Sic has ego argumentorum novi notas^ quce ilia mihi qucerenti demonstrant, "sententia perinepta," as Ellendt observes; for it was not what Antonius himself knew that was to be specified, but how he wished learners to be assisted.

C. XLH.] ON THE CHARACTER OF THE ORATOR. 131

merely moderate capacity to determine. For it is not now my design to set forth any system of rhetoric, but to com- municate to men of eminent learning some hints drawn from my own experience. These commonplaces, therefore, being fixed in the mind and memory, and called forth on every sub- ject proposed to be discussed, there will be nothing that can escape the orator, not merely in matters litigated in the forum, but in any department of eloquence whatever. But if he shall attain such success as to seem to be what he would wish to seem, and to affect the minds of those before whom he pleads in such a manner as to lead or rather force them in whatever direction he pleases, he will assuredly require nothing else to render him accomplished in oratory.

" We now see that it is by no means sufficient to find out what to say, unless we can handle it skillfully when we have found it. This treatment ought to be diversified, that he who listens may neither discover any artifice, nor be tired and sa- tiated with uniformity. Whatever you advance should be laid down as a proposition, and you should show why it is so ; and, from the same premises, you should sometimes form a conclu- sion, and sometimes leave it to be formed by the hearer, and make a transition to something else. Frequently, however, you need make no proposition, but show, by the reasoning which you shall use, what proposition might have been made. If you produce a comparison to any thing, you should first confirm what you offer as a comparison, and then apply to it the point in question. In general, you should shade the distinctive points of your arguments so that none of your hearers may count them ; and that, while they appear clear as to matter, they may seem blended in your mode of speak- ing on them.

XLII. " I run over these matters cursorily, as addressing men of learning, and, being myself but half-learned, that we may at length arrive at matters of greater consequence. For there is nothing, Catulus, of more importance in speaking than that the hearer should be favorable to the speaker, and be himself so strongly moved that he may be influenced more by impulse and excitement of mind than by judgment or reflec- tion. For mankind make far more determinations Jtp:aug h » hj-tred, or love, or desire^ or anger, or griel^ or joy, or hope, or fear, or error, or some other affection of mind, than from re-

132 DE oratore; or, [b.ii.

gard to truth, or any settled maxim, or principle of right, or ^ judicial form, or adherence to the laws. Unless any ffiing else, therefore, be agTeeable to you, let us proceed to consider these points."

" There seems," observed Catulus, " to be still some little wanting to those matters which you have discussed, Antonius, something that requires to be explained before you proceed to what you propose." " What is it f asked Antonius. What order," replied Catulus, " and arrangement of arguments, has your approbation ; for in that department you always seem a god to me." "You may see how much of a god I am in that respect, Catulus," rejoined Antonius, "for I assure you the matter would never have come into my thoughts if I had not been reminded of it ; so that you may suppose I am generally led by mere practice in speaking, or rather perhaps by chance, to fix on that arrangement of matter by which I seem at times to produce some effect. However, that very point which I, because I had no thought of it, passed by as I should by a per- son unknown to me, is of such efficacy in oratory that nothing is more conducive to victory ; but yet you seem to me to have required from me prematurely an account of the order and disposition of the orator's material; for if I had placed all his power in argumentation, and in proving his case from its own inherent merits, it might be time to say something on the order and arrangement of his arguments ; but as three heads were specified by me, and I have spoken on only one, it will be proper, after I have attended to the other two, to consider, last of all, about the general arrangement of a speech.

XLIII. "It contributes much to success in speaking that the morals, principles, conduct, and IrveFrf those "Who plead causes, and of those for whom they plead, should be such as to merit esteem, and that those of their adversaries should be such as to deserve censure ; and also that the minds of those before whom the cause is pleaded should be moved as much as possible to a favorable feeling, as well toward the speaker as toward him for whom he speaks. The feelings of the hearers are conciliated by a person's dignity, by his actions, by the character of his life ; particulars which can more easily be adorned by eloquence if they really exist, than be invented if they have no existence. But the qualities t hat attr act feyor to the orator are a soft tone of voice, a countenance

C. XLIV.] ON THE CHARACTER OF THE ORATOR 133

expressive of modesty, a mild manner of speaking ; so that if he attacks any one with severity, he may seem to do so iiyi-yviHincrly ^j\^ froiTi <^ 9Tnpn1siori. Tt is of pecuUar advantage that indications of good-natureToFliberality, of gentleness, of piety, of grateful feelings, free from selfishness and avarice, should appear in him ; and every thing that characterizes men of probity and humility, not acrimonious, nor pertinacious^ nor litigious, nor harsh, very much conciliates benevolence^ and alienates the affections from those in whom such qualities are not apparent. The contrary qualities to these, therefore, are to be imputed to your opponents. This mode of address is extremely excellent in those causes in which the mind of the judge can not well be inflamed by ardent and vehement incitation ; for energetic oratory is not always desirable, but often smooth, submissive, gentle language, which gains much favor for rei, or defendants, a term by which I designate not only such as are accused, but all persons about whose affairs there is any litigation ; for in that sense people formerly used the word. To describe the character of your clients in your speeches, therefore, as just, full of integrity, religious, unpresuming, and patient of injuries, has an extraordinary effect ; and such a description, either in the commencement, or in your statement of facts, or in the peroration, has so much influence, if it is agreeably and judiciously managed, that it often prevails more than the merits of the cause. Such influence, indeed, is produced by a certain feeling and art in speaking, that the speech seems to represent, as it were, the character of the speaker ; for, by adopting a peculiar mode of thought and expression, united with action that is gentle and indicative of amiableness, such an effect is produced that the speaker seems to be a man of probity, integrity, and virtue.

XLIV. "To this mode of speaking we may subjoin the opposite method, which moves the minds of the judges by very different means, and impels them to hate, or love, or envy, or benevolence, or fear, or hope, or desire, or abhor- rence, or joy, or grief, or pity, or severity ; or leads them to whatever feelings resemble and are allied to these and similar emotions of mind. It is desirable, too, for the orator, that the judges may voluntarily bring to the hearing of the cause some feelings in their breasts favorable to the object of the speaker. For it is easier, as they say, to increase the

134 DE oratore; ok, [b.h.

speed of him that is already running, than to excite to motion him that is torpid. But if such shall not be the case, or be somewhat doubtful, then, as a careful physician, before he proceeds to administer any medicine to a patient, must not only understand the disease of him whom he would cure, but also his habit and constitution of body when in health, so I, for my part, when I undertake a cause of such doubt and importance as is likely to excite the feelings of the judges, employ all my sagacity on the care and consideration of ascertaining, as skillfully as I can, what their sentiments and opinions are, what they expect, to which, side they incline, and to what conclusion they are likely to be led, with the least difficulty, by the force of oratory. If they yield them- selves up, and, as I said before, voluntarily incline and pre- ponderate to the side to which I would impel them, I embrace what is offered, and turn my sails to that quarter from whence any breath of wind is perceived to blow. But if the judge is unbiased, and free from all passion, it is a work of greater difficulty ; for every feeling must then be moved by the power of oratory, without any assistance from nature. But so great are the powers of that which was rightly termed by a good poet,^

• 'Incliner of the soul, and queen of all things,"

Eloquence, that it can not only make him upright who is biased, or bias him who is steadfast, but can, like an able and resolute commander, lead even him captive who resists and opposes.

XLV. " These are the points about which Crassus just now jocosely questioned me when he said that I treated them di- vinely, and praised what I did as being meritoriously done in the causes of Manius Aquilius,- Caius Norbanus,^ and some others ; but really, Crassus, when such arts are adopted by you in pleading, I used to feel terrified ; such power of mind, such impetuosity, such passion, is expressed in your eyes, your countenance, your gesture, and even in your very finger ;^ such a torrent is there of the most emphatic and best chosen words,

^ Pacuvius in his Hermione, as appears from Nonius Y.flexanima. The thought is borrowed from Euripides, Hec., 816. Elhndt.

^ See note on c. 28. ^ See note on c. 47.

• The forefinger, which Crassus is said to have pointed with wonder-

ful effect. See Quintilian, xi., 3, 94.

C. XLVI.] ON THE CHARACTER OF THE ORATOR. 135

such noble thoughts, so just, so new, so free from all disguise or puerile embellishment, that you seem not only to me to fire the judge, but to be yourself on fire. Nor is it possible that the judge should feel concern, or hate, or envy, or fear in any degree, or that he should be moved to compassion and tears, unless all these sensations which the orator would awaken in the judge shall appear to be deeply felt and experienced by the orator himself For if a counterfeit passion were to be assumed, and if there were nothing in a speech of that kind but what was false and simulated, still greater art would per- haps be necessary. What is the case with you, however, Cras- sus, or with others, I do not know ; as to myself, there is no reason why I should say what is false to men of your great good sense and friendship for me — I never yet, upon my hon- or, tried to excite sorrow, or compassion, or envy, or hatred, when speaking before a court of judicature, but I myself, in rousing the judges, was affected with the very same sensations that I wished to produce in them. For it is not easy to cause the judge to be angry with him with whom you desire him to be angry, if you yourself appear to take the matter coolly ; or to make him hate him whom you wish him to hate, unless he first see you burning with hatred; nor will he be moved to pity unless you give him plain indications of your own acute feelings by your expressions, sentiments, tone of voice, look, and, finally, by sympathetic tears ; for as no fuel is so com- bustible as to kindle without the application of fire, so no dis- position of mind is so susceptible of the impressions of the orator as to be animated to strong feeling unless he himself approach it full of inflammation and ardor.

XLVI. " And that it may not appear to you extraordinary and astonishing that a man should so often be angry, so often grieve, and be so often excited by every passion of the mind, especially in other men's concerns, there is such force, let me assure you, in those thoughts and sentiments which you apply, handle, and discuss in speaking, that there is no occasion for simulation or deceit; for the very nature of the language which is adopted to move the passions of others moves the orator himself in a greater degree than any one of those who listen to him. That we may not be surprised, too, that this happens in causes, in criminal trials, in the danger of our friends, and before a multitude in the city and in the forum,

136 DE oratore; or, [b. II.

where not only our reputation for ability is at stake (for that might be a slight consideration ; although, when you have pro- fessed to accomplish what few can do, it is not wholly to be neglected), but where other things of greater importance are concerned, fidelity, duty to our clients, and earnestness in dis- charging that duty ; we are so much moved by such consider- ations, that even while we defend the merest strangers we can not regard them as strangers, if we wish to be thought honest men ourselves. But, as I said, that this may not appear sur- prising in us, what can be more fictitious than poetry, than theatrical repreeentations, than the argument of a play '? Yet on the stage I myself have often observed the eyes of the actor, through his mask, appear inflamed with fury while he was re- peating these verses,^

"Have you, then, dared to separate him from you, Or enter Salamis without your brother ? And dreaded not your father's countenance ?"

He never uttered the word ' countenance' but Telamon seem- ed to me to be distracted with rage and grief for his son. And how, lowering his voice to a tone of sorrow, did he appear to weep and bewail, as he exclaimed,

• ^Whom childless now in the decline of life

You have afflicted, and bereaved, and killed ; Regardless of your brother's death, regardless Of his young son intrusted to your keeping !"

And if even the player who pronounced these verses every day could not yet pronounce them efficiently without a feeling of real grief, can you suppose that Pacuvius, when he wrote them, was in a cool and tranquil state of mind ? Such could not be the case ; for I have often heard that no man can be a good poet (as they say is left recorded in the writings of both Democritus and Plato) without ardor of imagination, and the excitement of something similar to phrensy.

XLVII. " Do not therefore imagine that I, who had no desire to imitate or represent the calamities or fictitious sor- rows of the heroes of antiquity in my speech, and was no actor of a foreign and personated part, but a supporter of my own,

^ Spondalia. For this word I have given *^ verses." -^That it is cor- rupt," says Ellendt, **all the commentators agree." Hermann, Opusc, i., p. 304, conjectures e spondd ilia, *'from that couch," on which he sup- poses Telamon may have been reclining.

C. XLVII.] ON THE CHARACTER OF THE ORATOR. 137

when Manius Aquilius, by my efforts, was to be maintained in his rights as a citizen, did that which I did in the perora- tion of that cause, without a strong feeling. For when I saw him whom I remembered to have been consul, and, as a gen- eral honored by the senate, to have marched up to the Cap- itol with the pomp of an ovation, afflicted, dejected, sorrow- ful, reduced to the last extremity of danger, I no sooner at- tempted to excite compassion in others than I was myself moved with compassion. I observed, indeed, that the judges were wonderfully moved when I brought forward the sorrow- ful old man habited in mourning, and did what you, Crassus, commend, not with art (of which I know not what to say), but with great concern and emotion of mind, so that I tore open his garment and showed his scars ; when Caius Marius, who was present and sat by, heightened the sorrow expressed in my speech by his tears ; and when I, frequently calling upon him, recommended his colleague to his protection, and invoked him as an advocate to defend the common fortune of commanders. This excitement of compassion, this adjuration of all gods and men, of citizens and allies, was not unaccom- panied by my tears and extreme commiseration on my part ; and if, from all the expressions which I then used, real con- cern of my own had been absent, my speech would not only have failed to excite commiseration, but would have even de- served ridicule. I therefore instruct you in these particulars, Sulpicius, I that am, forsooth, so skillful and so learned a mas- ter, showing you how, in speaking, you may be angry, and sor- rowful, and weep.

" Though why, indeed, should I teach you this, who, in ac- cusing my quaestor and companion in office,^ raised so fierce

^ Quintus Servilius Caspio, in his consulship, says Henrichsen, had embezzled a large portion of the gold taken at the capture of Toulouse, A.u.c. 648. In the following year, when, through the disagreement be- tween him and the consul Manlius, the Romans were defeated in two battles by the Cimbri, his property was confiscated, and his command taken from him. Some years afterward, a.u.c. 659, when Crassus and Scaevola were consuls, Caius Norbanus, then tribune of the people, brought Csepio to trial, as it appears, for the embezzlement of the gold at Toulouse, and for exciting sedition in the city. The senate, to whom Caepio, in his consulship, had tried to restore the judicial power, exerted themselves strongly in his behalf; but Norbanus, after exciting a great tumult, carried his point by force, and Ci^pio went into banishment at Smyrna.

138 DE oratore; or, [b. ii.

a flame, not only by your speech, but much more by your ve- hemence, passion, and fiery spirit, that I could scarce venture to approach to extinguish it ? For you had in that cause ev- ery thing in your favor ; you brought before the judges vio- lence, flight, pelting with stones, the cruel exercise of the tribu- nitian power in the grievous and miserable calamity of Caepio ; it also appeared that Marcus ^milius, the first man, not only in the senate, but in the city, had been struck with one of the stones ; and nobody could deny that Lucius Cotta and Titus Didius, when they would have interposed their negative upon the passing of the law, had been driven in a tumultuous man- ner from the temple.

XLVIII. There was also this circumstance in your favor, that you, being merely a youth, were thought to make these complaints on behalf of the commonwealth with the utmost propriety ; I, a man of censorian rank, was thought hardly in a condition to appear with any honor in defense of a seditious citizen, a man who had been unrelenting at the calamity of a consular person. The judges were citizens of the highest character; the forum was crowded with respectable people, so that scarcely even a slight excuse was allowed me, although I was to speak in defense of one who had been my quaestor. In these circumstances why need I say that 1 had recourse to some degree of art ? I will state how I acted, and, if you please, you may place my defense under some head of art. I noticed, in connection, the natures, ill effects, and dangers of every kind of sedition. I brought down my discourse on that subject through all the changes of circumstances in our com- monwealth ; and I concluded by observing that, though all seditions had ever been attended with troubles, yet that some had been supported by justice, and almost by necessity. I then dwelt on those topics which Crassus just now mentioned, that neither could kings have been expelled from this city, nor tribunes of the people have been created, nor the consular power have so often been dismissed by votes of the common- alty, nor the right of appeal, that patroness of the state and guardian of our liberty, have been granted to the Roman peo- ple, without disagreement with the nobility ; and if those se- ditions had been of advantage to the republic, it should not immediately, if any commotion had been raised among the people, be laid to the charge of Caius Norbanus as a heinous

C. XLIX.] ON THE CHABACTEB OP THE ORATOR. 139

crime or capital misdemeanor ; but that, if it had ever been allowed to the people of Rome to appear justly provoked (and I showed that it had been often allowed), no occasion was ever more just than that of which I was speaking. I then gave another turn to my speech, and directed it to the con- demnation of Caepio's flight, and lamentation for the loss of the army. By this diversion I made the grief of those to flow afresh who were mourning for their friends, and re-excited the minds of the Roman knights before whom, as judges, the cause was being pleaded, to hatred toward Quintus Csepio, from whom they were alienated on account of the right of judica- ture.^

XLIX. " But as soon as I perceived that I was in posses- sion of the favor of the court, and that I had secured ground for defense, because I had both conciliated the good feeling of the people, whose rights I had maintained even in conjunction with sedition, and had brought over the whole feeling of the judges to our side of the question, either from their concern for the calamity of the public, or from grief or regret for their relations, or from their own individual aversion to Caepio, I then began to intermix with this vehement and ardent style of oratory that other species of which I discoursed before, full of lenity and mildness ; saying that I was contending for my companion in ofiice, who, according to the custom of our an- cestors, ought to stand in relation to me as one of my children, and for almost my whole reputation and fortunes ; that noth- ing could possibly happen more dishonorable to my character, or more bitterly adapted to give pain to me, than if I, who was reputed to have been oftentimes the preservation of those who were entire strangers to me, but yet my fellow-citizens, should not be able to assist an oflicer of my own. I request- ed of the judges to make this concession to my age, to the honors which I had attained, to the actions which I had per- formed, if they saw that I was affected with a just and tender sorrow, and especially if they were sensible that in other causes I had asked every thing for my friends in peril, but never any thing for myself. Thus, in the whole of that defense and cause, the part which seemed to depend on art, the speaking on the Apuleian law, and explaining what it was to commit

^ As Caspio had tried to take it out of the hands of the knights, and to restore it to the senate.

140 DE oratore; or, [b. n.

treason, I skimmed and touched upon as briefly as possible. But by the aid of these two parts of eloquence, to one of which belongs the excitement of the passions, to the other recom- mendation to favor (parts not at all fully treated in the rules in books on the art), was the whole of that cause conducted by me ; so that, in reviving the popular displeasure against Csepio, I appeared to be a person of the keenest acrimony ; and, in speaking of my behavior toward my friends, to be of the most humane disposition. In this manner, rather by ex- citing the passions of the judges than by informing their un- derstandings, was your accusation, Sulpicius, at that time over- thrown by me."

L. "In good truth, Antonius," interposed Sulpicius, "you recall these circumstances to my memory with justice, since I never saw any thing slip out of any person's hands as that cause then slipped out of mine. For whereas, as you ob- served, I had given you not a cause to plead, but a flame to extinguish ; what a commencement was it (immortal gods !) that you made ! What timidity was there ! What distrust ! What a degree of hesitation and slowness of speech ! But, as soon as you had gained that by your exordium, which was the only thing that the assembly allowed you as an excuse, namely, that you were pleading for a man intimately con- nected with you, and your own quaestor, how quickly did you secure your way to a fair audience ! But lo ! when I thought that you had reaped no other benefit than that the hearers would think they ought to excuse you for defending a per- nicious citizen, on account of the ties of union betwixt you, you began to proceed gradually and tacitly, while others had as yet no suspicion of your designs, though I myself felt some apprehension, to maintain in your defense that what had hap- pened was not sedition in Norbanus, but resentment on the part of the Roman people, resentment not excited unjustly, but deservedly, and in conformity with their duty. In the next place, what argument did you omit against Caepio? How did you confound all the circumstances of the case by allusions to hatred, ill-will, and compassion ? Nor was this the case only in your defense, but even in regard to Scaurus and my other witnesses, whose evidence you did not confute by disproving it, but by having recourse to the same impetu- osity of the people. When those circumstances were men-

C. LI.] ON THE CHARACTER OF THE ORATOR. 141

tioned by you just now, I felt no desire for any rules of in- struction ; for the very demonstration of your methods of de- fense, as stated by yourself, I regard as no ordinary instruc- tion." "But if you are so disposed," said Antonius, "I will tell you what maxims I adopt in speaking, and what I keep principally in view ; for a long life and experience in impor- tant affairs have taught me to discern by what means the minds of men are to be moved.

LI. "The first thing I generally consider is whether the cause requires that the minds of the audience should be ex- cited ; for such fiery oratory is not to be exerted on trivial subjects, nor when the minds of men are so affected that we can do nothing by eloquence to influence their opinions, lest we be thought to deserve ridicule or dislike, if we either act tragedies about trifles or endeavor to pluck up what can not be moved. For as the feelings on which we have to work in the minds of the judges, or whoever they may be before whom we may plead, are love^ hatred^ anger ^ envy^ pity^ hope^ joy^ f^ct'i^i anxiety^ we are sensible that Tove_may he g if you seem

^Q^^advacate^hat is advantageous to the persons before whom you are speaking ; or if you appear to exert yourselTTnlSehaTf of good men, Drat least for such as are good and serviceable to them ; for the latter case more engages favor, the former, the defense of virtue, esteem ; and if a hope of future advan- tage is proposed, it has a greater effect than the mention of past benefits. You must endeavor to show that in the cause which you defend, either your dignity or advantage is con- cerned ; and you should signify that he for whom you solicit their love has referred nothing to his own private benefit, and done nothing at all for his own sake ; for dislike is felt for the selfish gains of individuals, while favor is shown to their de- dres to serve others. But we must take care, while we are on this topic, not to appear to extol the merit and glory of those whom we would wish to be esteemed for their good deeds, too highly, as these qualities are usually the greatest objects of envy. From these considerations, too, we shall learn how to draw hatred on our adversaries, and to avert it from ourselves and our friends. The same means are to be used, also, either to excite or allay anger ; for if you exagger- ate every fact that is hurtful or disadvantageous to the au- dience, their hatred is excited ; but if any thing of the kind is

142 DE oratore; or, [b.ii.

thrown out against men of worth, or against characters on whom no one ought to cast any reflection, or against the pub- lic, there is then produced, if not so violent a degree of hatred, at least an unfavorable feeling, or displeasure near akin to hatred. Fear is also inculcated either from people's own dan- gers or those of the public. Personal fear affects men more deeply ; but that which is common to all is to be treated by the orator as having similar influence.^

LII. Similar, or rather the same, is the case with regard to hope ^ joy ^ and anxiety y but I know not whether the feeling of envy is not by far the most violent of all emotions ; nor does it require less power to suppress than to excite it. Men envy chiefly their equals or inferiors when they perceive themselves left behind, and are mortified that the others have outstripped them ; but there is often a strong unfavorable feeling toward superiors, which is the stronger if they are intolerably arro- gant, and transgress the fair bounds of common justice through super-eminence in dignity or fortune. If such advantages are to be made instruments to kindle dislike,^ the chief thing to be said is, ' that they are not the acquisitions of virtue, that they have been gained perhaps by vice and crime ; and that, however honorable or imposing they may appear, no merit was ever carried so high as the insolence of mankind and their con- tumelious disdain.' To allay envy, it may be observed, 'that such advantages have been gained by extreme toil and immi- nent perils ; that they have not been applied to the individu- al's own private benefit, but that of others ; that he himself, if he appear to have gained any glory, although it might not be an undue reward for danger, was not elated with it, but wholly set it aside and undervalued it ;' and such an effect must by all means be produced (since most men are envious, and it is a most common and prevalent vice, and envy is felt toward all super-eminent and flourishing fortune), that the opinion entertained of such characters be lowered, and that their fortunes, so excellent in people's imaginations, may ap- pear mingled with labor and trouble.

"Pity is excited if he who hears can be induced to apply to

^ Since public or common fear must affect individuals.

2 QucB si inflammanda sunt. An elegant mode of expression, for **si ad animos invidia inflammandos adhibenda sunt tanquam faces." Er- nesti.

C. LIII.] ON THE CHARACTEE OF THE ORATOR. 143

his own circumstances those unhappy particulars which are lamented in the case of others, particulars which they have either suffered or fear to suffer ; and while he looks at anoth- er, to glance frequently at himself. Thus, as all the circum- stances incident to human suffering are heard with concern, if they are pathetically represented, so virtue in affliction and humiliation is the most powerful of all objects of contempla- tion ; and as that other department of eloquence which, by its recommendation of goodness, ought to give the picture of a virtuous man, should be in a gentle and (as I have often ob- served) a submissive strain, so this, which is adopted by the orator to effect a change in the minds of the audience, and to work upon them in every way, should be vehement and ener- getic.

LIII. "But there is a certain resemblance in these two kinds (one of which we would have to be gentle, the other ve- hement) that makes it difficult to distinguish them. For some- thing of that lenity with which we conciliate the affections of an audience ought to mingle with the ardor with which we awaken their passions ; and something of this ardor should occasionally communicate a warmth to our gentleness of lan- guage ; nor is there any species of eloquence better tempered than that in which the asperity of contention in the orator is mitigated by his humanity, or in which the relaxed tone of lenity is sustained by a becoming gravity and energy. But in both modes of speaking, as well that in which spirit and force are required as that which is brought down to ordinary life and manners, the beginning should be slow, but the sequel full and diffuse.^ For you must not spring at once into the pa- thetic portion of your speech, as it forms no part of the ques- tion, and men are first desirous to learn the very point that is to come under their judgment ; nor, when you have entered upon that track, are you suddenly to diverge from it ; for you are not to suppose that as an argument is understood as soon as it is stated, and a second and a third are then desired, so you can with the same ease move compassion, or envy, or an- ger, as soon as you make the attempt.^ Reason itself confirms

^ Exitus spissi et producti esse debent. *'Noii abrupti, sed lenti.'* EUendt. *' Vehementes et longiores." Proust,

^ Simul atque intukris, Kem sc, As soon as you have introduced the subject."

144 DE oratoke; or, [b. ii.

an argument which fixes itself in the mind as soon as it is de- livered ; but that sort of eloquence does not aim at instruct- ing the judge, but rather at agitating his mind by excessive emotion, vs^hich no one can produce unless by fullness and va- riety, and even copiousness of language, and a proportionate energy of delivery. Those, therefore, who speak either with brevity, or in a low, submissive strain, may indeed inform the judge, but can never move him, an elFect on which success al- together depends.

'^ It is clear that the ability of arguing on every subject on both sides of the question is drawn from the same considera- tions. But we must resist the force of an argument, either by refuting those things which are assumed in support of it, or by showing that the conclusion which our opponents would draw can not be deduced from the premises, or possibly follow from them ; or, if you can not refute an argument in this man- ner, you must bring something against it of greater or equal weight. But whatever is delivered with gentleness to con- ciliate favor, or with vehemence to excite emotion, is to be obviated^ by moving contrary feelings, so that benevolence may be eradicated by hatred, and compassion be dispelled by jealousy.

LIV. " ^'^.CP-gP TYinnnPr^ iqn^ nr|d fif^^^^^^^ ^f :gJt:j.i!J^Y^^^^»- ure to an nndipnoftj npfl ar-£t^ft^n'-f)f--g<:aal adv antage to t hiT jpFaker; qualities which, even if every thing else can be taught" oy art, are certainly peculiar gifts of nature, and require no aid from instruction. In that department you, Caesar, in my opinion, far excel all other men ; on which account you can better bear me testimony, either that there is no art in wit, or, if there be any, you will best instruct us in it." " I in- deed," says Caesar, think that a man who is not destitute of polite learning can discourse upon any subject more wittily than upon wit itself. Accordingly, when I met with some Greek books entitled ' On Jests, ^ I conceived some hope that I might learn something from them. I found, it is true, many laughable and witty sayings of the Greeks ; for those of Sicily excel in that way, as well as the Rhodians and Byzantines, but, above all, the people of Attica. But they who have at-

^ Orellius's text has inferenda ; many others, efferenda. There have been various conjectures offered, as infirmanda^ evertenda, elevanda, in- fringenda. The reader may take his choice.

C. LIV.] ON THE CHARACTER OF THE ORATOR.

145

tempted to deliver rules and principles on that subject, have shown themselves so extremely foolish, that nothing else in them has excited laughter but their folly. This talent, there- fore, appears to me incapable of being communicated by teach- ing. As there are two kinds of wit, one running regularly through a whole speech, the other pointed and concise ; the ancients denominated the former humor, ^ the latter jesting. Each sort has but a light name, and justly -^ for it is alto- gether but a light thing to raise a laugh. However, as you observe, Antonius, I have seen advantageous effects produced in pleadings by the aid of wit and humor ; but, as in the for- mer kind, I mean humor that runs through a speech, no aid from art is required (for Nature forms and produces men to be facetious mimics or story-tellers ; their look, and voice, and mode of expression assisting their conceptions) ; so likewise in the other, that of occasional facetiousness, what room is there for art, when the joke ought to be uttered, and fixed in the mind of the hearer, before it appears possible to have been conceived? For what assistance could my brother here re- ceive from art, when, being asked by Philippus why he barked so, he replied. Because he saw a thief '^ Or what aid could Crassus have received in that whole speech which he deliver- ed before the centumviri, in opposition to Scaevola, or when he pleaded for Cneius Plancus against the accusation of Bru- tus % For that talent which you, Antonius, attribute to me, must be allowed to Crassus by the confession of all mankind ; since hardly any person can be found besides him eminent in both these kinds of wit, that which runs through a continued discourse, and that which consists in smartness and occasional jokes. His whole defense in the cause of Curius, in opposi- tion to Scaevola, was redundant with a certain pleasantry and lumor ; but of those sharp short jests it had none ; for he vas tender of the dignity of his opponent, and in that respect naintained his own ; though it is extremely difficult for men of wit and facetiousness to preserve a regard to persons and times, and to suppress what occurs to them when it may be sexpressed with most pungent effect. Accordingly, some jest- ers put a humorous interpretation upon the well-known words

^ CaviUatio. Ironical or satirical humor seems to be meant. ^ Quippe ; kve enim, etc. Quippe is equivalent to the Greek eiKOTOjg, JEllendt,

G

146 DE ORATORE ; OR, [b. U.

of Ennius ; for he said, as they observe, Thai a wise man can more easily keep in flame while his mouth is on fire^ than with- hold ' bona dictay^ good words ; and they say that good words mean witty sayings ; for sayings are called dicta by an appro- priate term.

LV. '^But as Crassus forbore from such jests in his speech against Scaevola, and sported throughout that cause and dis- cussion with that other species of humor in which there are no stings of sarcasm ; so in that against Brutus, whom he hated, and thought deserving of insult, he fought with both kinds of wit. How many severe things did he say about the baths which Brutus had lately sold ? how many on the loss of his paternal estate ? And they were concise ; as when Brutus, speaking of himself, said that he sweated without cause, ' No wonder that you sweaty said Crassus, ^ for you are just turned out of the haths.^ There were innumerable things of this kind in -the speech, but his continuous vein of pleasantry was not less amusing; for when Brutus had called up two readers, and had given to one the speech of Crassus upon the colony of Narbonne, to the other that on the Servilian law, to read, and had compared together the contradictory sections on pub- lic affairs contained in each, our friend very facetiously gave the three books of Brutus' s father, written on the civil law, to three different persons to read. Out of the first book was read this sentence, ' It happened by chance that we were on my estate at Privernum.' On which clause Crassus made this observation, ' Brutus^ your father testifies that he left you an estate at PrivernumJ* Again, out of the second book, ' My son Marcus and I were at my Alban villa ;' when Crassus remarked, ' This wise man^ who was justly ranked among the wisest in our city, had evidently some foreknowledge of this S2:fend' thriffs character, and was afraid that, when he came to have nothing, it might he imagined that nothing was left him.^ After- ward out of the third book, with which the author concluded his work (for that number of books, as I have heard Scaevola. say, are the genuine compositions of Brutus), ' It chanced that my son Marcus and myself were sitting in my villa near Tibur ;' when Crassus exclaimed, ' Where are those estates now, Brutus, that your father left you, as recor^ded in his public com^ mentaines? But if he had not seen you arrived at the age of puberty, he would have composed a fourth book, and left it in

C. LVI.] ON THE CHARACTER OF THE ORATOR. 147

writing that he talked with his son in Ms own haths,^ Who does not acknowledge, now, that Brutus was not less confuted by this humor, these comic jests, than by that tragic tone which the same orator adopted, when by accident, during the hear- ing of the same cause, the funeral procession of the old lady Junia passed by? Ye immortal gods ! what force and energy was that with which he spoke ! how unexpected ! how sud- den ! when, casting his eyes that way, with his whole gesture directed toward Brutus, with the utmost gravity and rapidity of expression, he exclaimed, ' Brutus j why do you sit still ? What would you have that old lady communicate to your father ? What to all those whose statues you see carried by? What to your other ancestors? What to Lucius Brutus, who freed this people from legal tyranny ? What shall she say that you are do- ing ? What business, what glory ^ what virtue shall she say that you are pursuing ? That you are engaged in increasing your pat- rimony ? But that is no characteristic of nobility. Yet suppose it were; you have none left to increase; your extravagance has squandered the whole of it. That you are studying the civil law ? That was your father"* s pursuit ; but she will relate that when you sold your house, you did not even among the movables^ reserve the chair from which your father answered his clients. That you are applying to the military art ? You who have never seen a camp. Or to eloquence ? But no portion of eloquence dwells in you ; and such power of voice and tongue as you have, you have devoted to the infamous trade of a common informer. Dare you even be- hold the light ? Or look this assembly in the face ? Dare you present yourself in the forum, in the city, in the public assembly of

• he citizens ? Do you not fear even that dead corpse, and those

^ery images of your ancestors, you who have not only left yourself yy room for the imitation of their virtues, but none in which you an place their statues f

LVI. This is in a tragic and sublime strain of language ; jut you all recollect instances without number of facetious- aess and polite humor in one speech ; for never was there I more vehement dispute on any occasion, or an oration of ^eater power delivered before the people, than that of Cras-

. ^ Ne in rutis quidem et ccesis, Ruta were such things as could be re- [noved from houses and other premises without pulling down or dama- ging any portion of them ; coesa, as Proust remarks, refers to the cutting lown of trees.

148 DE ORATORE ; OR, [b. II.

sus lately in his censorship, in opposition to his colleague, nor one better seasoned with wit and humor. I agree with you, therefore, Antonius, in both points, that jesting is often of great advantage in speaking, and that it can not be taught by any rules of art. But I am astonished that you should attribute so much power to me in that way, and not assign to Crassus the palm of pre-eminence in this as in other departments of eloquence." I should have done so," said Antonius, if I had not sometimes envied Crassus a little in this respect ; for to be ever so facetious and witty is not of itself an extraordi- nary subject of envy ; but, when you are the most graceful and polite of speakers, to be, and to be thought, at the same time, the most grave and dignified of men, a distinction which has been granted to Crassus alone, seems to me almost unen- durable." Crassus having smildd at this, Antonius said, " But, Julius, while you denied that art had any thing to do with facetiousness, you brought to our notice something that seem- ed worthy of precept ; for you said that regard ought to be paid to persons, times, and circumstances, that jesting might not detract from dignity; a rule which is particularly ob- served by Crassus. But this rule only directs that jokes should be suppressed when there is no fair occasion for them; what we desire to know is, how we may use them when there is occasion ; as against an adversary, especially if his folly be open to attack, or against a foolish, covetous, trifling witness, if the audience seem disposed to listen patiently. Those say- ings are more likely to be approved which we utter on provo- cation, than those w^hich we utter when we begin an attack; for the quickness of wit, which is shown in answering, is more remarkable, and to reply is thought allowable, as being nat- ural to the human temper ; since it is presumed that we should have remained quiet if we had not been attacked ; as in that very speech to which you alluded scarcely any thing was said by our friend Crassus here, any thing at least that was at all humorous, which he did not utter in reply, and on provocation. For there was so much gravity and authority in Domitius,^ that the objections which came from him seem-

^ Cneius Domitins Ahenobarbus, in his tribuneship, a.u.c. 651, was hostile to the pontifices, because they had not chosen him in the place of his father, and proposed a law that those who were chosen by the pontifices into their body should not be appointed till their choice was

C. LVII.] ON THE CHARACTER OF THE ORATOR. 149

ed more likely to be enfeebled by jests than broken by argu- ments.'*

LVII. Sulpicius soon after said, Shall we, then, suffer Caesar, who, though he allows wit to Crassus, is yet himself far more intent on acquiring a character for it, to exempt him- self from explaining to us the whole subject of humor, what is the nature of it, and from whence derived ; especially as he owns that there is so much efficacy and advantage in wit and jesting ?" " What if I agree with Antonius," rejoined Caesar, "in thinking that art has no concern with wit?" As Sul- picius made no remark, " As if," said Crassus, " art could at all assist in acquiring those talents of which Antonius has been so long speaking. There is a certain observation to be paid, as he remarked, to those particulars which are most ef- fective in oratory; but if such observation could make men eloquent, who would not be so? For who could not learn these particulars, if not with ease, at least in some way ? But I think that of such precepts, the use and advantage is, not that we may be directed by art to find out what we are to say, but that we may either feel certain as to what we attain by natural parts, by study, or by exercise, that it is right, or understand that it is wrong, having been instructed to what rule the several particulars are to be referred. I, therefore, also join in the petition to you, Caesar, that you would, if it is agreeable to you, tell us what you think on jocoseness in gen- eral, lest, by accident, any part of eloquence, since that is your object, should appear to have been passed over in so learned an assembly and such a studied conversation." "Well, then, Crassus," replied Caesar, " since you require payment from a guest, I will, by refusing it, furnish you with a pretext for re- fusing to entertain us again ; though I am often astonished at the impudence of those who act upon the stage while Roscius is a spectator of their attitudes ; for who can make the least motion without Eoscius seeing his imperfections ? So I shall now have to speak first on wit in the hearing of Crassus, and to teach like a swine, ^ as they say, that orator of whom Ca- tulus said, when he heard him lately. That other speakers ought

sanctioned by the people. Veil. Pat., ii., 12 ; Suet., Ner., 2 ; Cic., Bull., ii., 7. He had some ability in speaking, but was not numbered among eminent orators. Cic., Brut., 45. Henrichsen, ^ An allusion to the proverb Sus Minervam,

150 BE ORATORE; or, [b. II.

to he fed upon hayJ^^'^ " Ah !" said Crassus, " Catulus was jok- ing, especially as he speaks himself in such a manner that he seems to deserve to be fed on ambrosia. But let us hear you, Caesar, that we may afterward return to the remainder of the discourse of Antonius." " There is little remaining for me to say," replied Antonius ; " but as I am wearied with the labor and the length of what I have said, I shall repose during the discourse of Caesar as in some opportune place of entertain- ment." LVIII. " But," said Caesar, " you will not pronounce my entertainment very liberal ; for as soon as you have tasted a little I shall thrust you out, and turn you into the road again. However, not to detain you any longer, I will deliver my sentiments very briefly on this department of eloquence in general.

" Concerning laughter, there are five things which are sub- jects of consideration : one, 'What it is ;'_another, 'Whence it originates ;* a third, 'Whether it becomes the orator to wish to excite laughter ;' a fourth, ' To what degree ;' a fifth, ' What are the several kinds of the ridiculous f As f o the first, ' What laughter itself is,' by what means it is excited, where it lies, how it arises, and bursts forth so suddenly that we are unable, though we desire, to restrain it, and how it af- fects at once the sides, the face, the veins, the countenance, the eyes, let Democritus consider; for all this has nothing to do with my remarks, and if it had to do with them, I should not be ashamed to say that I am ignorant of that which not even they understand who profess to explain it. But the seat and as it were province of what is laughed at (for that is the next point of inquiry), lies in a certain offensiveness and deformity; for those sayings are laughed at solely or chiefly which point out and designate something offensive in an inoffensive man- ner. But, to come to the third point, it certainly becomes the orator to excite laughter ; either because mirth itself attracts favor to him by whom it is raised ; or because all admire wit, which is often comprised in a single word, especially in him who replies, and sometimes in him who attacks ; or because it overthrows the adversary, or hampers him, or makes light of him, or discourages, or refutes him ; or because it proves the orator himself to be a man of taste, or learning, or polish ; but

^ He signified that other pleaders were mere hrute animals in com- parison with Crassus, and therefore to be fed upon hay, Turnehus.

C.LIX.] ON THE CHARACTER OF THE ORATOR. 151

chiefly because it mitigates and relaxes gravity and severity, and often, by a joke or a laugh, breaks the force of offensive remarks, which can not easily be overthrown by arguments. But to what degree the laughable should be carried by the or- ator requires very diligent consideration; a point which we placed as the fourth subject of inquiry ; for neither great vice, such as is united with crime, nor great misery, is a subject for ridicule and laughter ; since people will have those guilty of enormous crimes attacked with more forcible weapons than ridicule ; and do not like the miserable to be derided, unless perhaps when they are insolent ; and you must be consider- ate, too, of the feelings of mankind, lest you rashly speak against those who are personally beloved.

LIX. " Such is the caution that must be principally ob- served in joking. Those subjects accordingly are most read- ily jested upon which are neither provocative of violent aver- sion nor of extreme compassion. All matter for ridicule is therefore found to lie in such defects as are to be observed in the characters of men not in universal esteem, nor in calami- tous circumstances, and who do not appear deserving to be dragged to punishment for their crimes ; such topics nicely managed create laughter. In deformity, also, and bodily de- fects, is found fair enough matter for ridicule ; but we have to ask the same question here as is asked on other points, ' How far the ridicule may be carried"?' In this respect it is not only directed that the orator should say nothing impertinent- ly, but also that, even if he can say any thing very ridiculous- ly, he should avoid both errors, lest his jokes become either buffoonery or mimicry ; qualities of which we shall better un- derstand the nature when we come to consider the different species of the ridiculous,

Th^m. are t w »"eei4B-ef-jefee%-oaajDf which is excited by thin^Sj^ tj^a^QjJifia^^ By things, wKenever any matter

is told in the way of a story ; as you, Crassus, formerly stated in a speech against Memmius,^ That he had eaten a piece of Largius's arm^ because he had had a quarrel with him at Tar- racina about a courtesan ; it was a witty story, but wholly of your own invention. You added this particular, that through- out Tarracina these letters were inscribed on every wall, M M,

^ The same that is mentioned by Sallust as having accused Calpur- nius Bestia.

152 DE ORATORE ; OR, [b. II.

L L L ; and that when you inquired what they meant, an old man of the town replied, Mordacious Memmius Lacerates Lar- gius's Limh,^ You perceive clearly how facetious this mode of joking may be, how elegant, how suitable to an orator ; whether you have any true story to tell (which, however, must be interspersed with fictitious circumstances), or whether you merely invent. The excellence of such jesting is, that you can describe things as occurring in such a way, that the manners, the language, and every look of the person of whom you speak, may be represented, so that the occurrence may seem to the audience to pass and take place at the very time when you address them. Another kind of jest taken from things is that which is derived from a depraved sort of imitation, or mimic- ry ; as when Crassus also exclaimed. By your nobility^ by your family J what else was there at which the assembly could laugh but that mimicry of look and tone ? But when he said, by your statues^ and added something of gesture by extending his arm, we all laughed immoderately.^ Of this species is Kos- cius's imitation of an old man ; when he says,

" 'For you, my Antipho, I plant these trees, '^ it is old age itself that seems to speak while I listen to him. But all this department of ridicule is of such a nature that it must be attempted with the greatest caution. For if the imi- tation is too extravagant, it becomes, like indecency, the part of players in pantomine and farce ; the orator should be mod- erate in imitation, that the audience may conceive more than they can see represented by him ; he ought also to give proof of ingenuousness and modesty, by avoiding every thing offens- ive or unbecoming in word or act.

LX. These, therefore, are the two kinds of the ridiculous which is drawn from things ; and they suit well with contin- uous pieces of humor, in which the manners of mankind are so described and expressed that, either by means of some nar-

^ Lacerat Lacertum Largi Mordax Memmius. The writer of the ar- ticle Memmius" in Dr. Smith's Biog.Dict. thinks that Memmius had from some cause the nickname of Mordax, The story of his having eaten or bitten Largius's arm appears, from what Cicero says, to have been a mere invention of Crassus. "VVe do not half understand the joke.

^ This jest is from a speech of Crassus against Domitius. The gens Domitia^ a family of great nobility, had produced many patricians re- markable as well for other vices as for vanity. Ellendt,

^ These words are from some play now lost.

C. LX.] ON THE CHARACTER OF THE ORATOR. 153

rative, their character is exactly understood, or, by throwing in a little mimicry, they may be convicted of some impro- priety remarkable enough for ridicule. But in words, the ridiculous is that which is excited by the point of a particular expression or thought; but as, in the former kind, both in narration and imitation, all resemblance to the players of pan- tomime shotild be avoided, so, in this, all scurrilous buffoonery is to be studiously shunned by the orator. How, then, shall we distinguish from Crassus, from Catulus, and from others, your acquaintance Gran i us, or my friend Vargula ? No prop- er distinction really occurs to me ; for they are both witty ; no man has more of verbal witticism than Granius. The first point to be observed, however, is, I think, that we should not fancy ourselves obliged to utter a jest whenever one may be uttered. A very little witness was produced. 3fa7/ I ques- tion him f says Philippus. The judge who presided,^ being in a hurry, replied. Yes, if he is short. You shall have no fault to findy said Philippus, for I shall question him very short. This was ridiculous enough ; but Lucius Aurifex was sitting as judge in the cause, who was shorter than the witness him- self; so that all the laughter was turned upon the judge, and hence the joke appeared scurrilous. Those good things, there- fore, which hit those whom you do not mean to hit, however witty they are, are yet in their nature scurrilous ; as when Ap- pius, who would be thought witty — and indeed is so, but sometimes slides into this fault of scurrility — said to Caius Sextius, an acquaintance of mine, who is blind of an eye, / will sup with you to-night, for I see that there is a vacancy for one. This was a scurrilous joke, both because he attacked Sextius without provocation, and said what was equally applicable to all one-eyed persons. Such jokes, as they are thought pre- meditated, excite less laughter ; but the reply of Sextius was excellent and extempore : Wcish your hands,^ said he, and come to supper. A regard, therefore, to proper times, moder- ation and forbearance in jesting, and a limitation in the num- ber of jokes, will distinguish the orator from the buffoon ; and

• Qucesito7\ The magistrate who presided at a qucestio capitalis,

whether the praetor or any other. See Cic., Verr., i., 10; Vatin., 14; Sail., Jug., 40. Henrichsen.

^ Whether the joke was directed against him as being unclean, or as being dishonest, is uncertain. Ellendt.

G2

154 DE ORATORE ; OR, [b. H.

the circumstance, besides, that we joke with an object, not that we may appear to be jesters, but that we may gain some advantage, while they joke all day without any purpose what- ever. For what did Vargula gain by saying, when Aulus Sempronius, then a candidate for office, and his brother Mar- cus, saluted him, Boy^ drive away the flies ? His aim was to raise a laugh, which is, in my opinion, a very poor effect of wit. The proper season, then, for jesting, we must determine by our own prudence and judgment ; in the exercise of which I wish that we had some body of rules to direct us ; but na- ture is the sovereign guide.

LXL "Let us now consider briefly the sorts of jests that chiefly excite laughter. Let this, then, be our first division, that whatever is expressed wittily, consists sometimes in a thought, sometimes in the mere language, but that men are most delighted with a joke when the laugh is raised by the thought and the language in conjunction. But remember this, that whatever topics I shall touch upon, from which ridicule may be drawn, from almost the same topics serious thoughts may be derived : there is only this difference, that seriousness is used on dignified subjects with gravity, joking on such as are in some degree unbecoming, and as it were grotesque ; for instance, we may with the very same words commend a thrifty servant, and jest upon one that is extrav- agant. That old saying of Nero^ about a thieving servant is humorous enough, That he was the only one from whom nothing in the house was sealed or locked up ; a thing which is not only said of a good servant, but in the very same words. From the same sources spring all kinds of sayings. What his moth- er said to Spurius Carvilius, who halted gi'ievously from a wound received in the public service, and was on that account ashamed to go out of doors, Go^ my Spurius^ that as often as you take a step you may he reminded of your merits^ was a noble and serious thought ; but what Glaucia said to Calvinus, when he limped, Where is the old proverb — does he claudicate ? no ; but he clodicates,'^ is ridiculous ; and yet both are derived

^ Probably taken from the apophthe^^ms of Cato, and probably, also, a saying of Cains Claudius Nero, who was consul with Marcus Livius, A.u.c. 547, and defeated Hannibal at Sena. Liv., xxvii., 34. Ellendt.

^ The original is, Num claudicat? at hie clodlcat. '^What, is he lame? No; but he favors Clodius." The reader easily sees that the

C. LXI.] ON THE CHARACTER OF THE ORATOR. 155

from what may be observed with regard to lameness. What is more ignave than this Ncevius P said Scipio, with severity ; but Philippus, with some humor, to one who had a strong smell, I 'perceive that I am circumvented hy you f' yet it is the resem- blance of words, with the change only of a letter, that consti- tutes both jokes.

" Those smart sayings which spring from some ambiguity are thought extremely ingenious; but they are not always employed to express jests, but often even grave thoughts. What Publius Licinus Varus said to Africanus the elder, when he was endeavoring to fit a chaplet to his head at an enter- tainment, and it broke several times, Do not wonder if it does not fit you^ for you have a great head^ was a fine and noble thought ; but He is bald enough, for he says hut little,^ is of the same sort. Not to be tedious, there is no subject for jest from which serious and grave reflections may not be drawn. It is also to be observed that every thing which is ridiculous is not witty ; for what can be so ridiculous as a buffoon ?* But it

force of the pun, which is bad enough at the first hand, is entirely lost by a literal translation. I have been forced to coin two English words from the Latin to convey some idea of it. Had Clodius lived in this country, and his name been Greville, I had been as happy as Glaucia ; for then I could have said, " Where is the old proverb. What, is he grav- elled f 'No] hut he is Grevilled, B. Num claudicat is thought hj Sire- bseus to have been a common question with regard to a man suspected of want of judgment or honesty.

^ Quid hoc NcBvio ignavius ? It is thought to have been a joke of Publius Africanus Major, who, according to some, was accused by the Petihi, tribunes of the people, or, according to others, by a certain Mar- cus Nasvius. See Liv., xxxviii., 50, 56; Yal. Max., iii., 7 ; A. Gelh, iv., 18. But it might have been said by Africanus the younger in refer- ence to some other man. Ellendt.

^ Video me a te circumveniri. Toup, in his Appendix to Theocritus, suggests that we should read Video me a te non circum, sed hircumveniri, referring to a similar joke of Aristophanes, Acharn., 850.

^ Calvus satis est, quod dicit parum. The meaning is by no means clear, and no change in the punctuation elucidates it Pearce sup- poses that it is said of a bad orator : " If he were to say more, he would give less satisfaction ; what he has said is so far satisfactory, as it is brief. " . . . . Henrichsen thinks that calvus might be used metaphori- cally, as calva oratio for jejuna ; and that the joke is on the ambiguity of the word. To me the passage seems inexplicable. Ellendt, Whether calvus in the text be a proper name or not, is a matter of uncertainty ; Turnebus thinks it is not.

• Sannio. The sanniones were so called from sanna, a grimace, and

personated ridiculous characters, like the Arlecchini or Pulcinelll of the Italians. Ellendt.

156 DE ORATORE; or, [b. II.

is by his face, his appearance, his look, his mimicry, his voice, and, in fine, by his whole figure, that he excites laughter. I might, indeed, call him witty, but not in such a way that I would have an orator, but an actor in pantomime, to be witty.

LXIL "This kind of jesting, above all, then, though it powerfully excites laughter, is not suited to us ; it represents the morose, the superstitious, the suspicious, the vainglorious, the foolish ; habits of mind which are in themselves ridicu- lous ; and such kind of characters we are to expose, not to assume. There is another kind of jesting which is extremely ludicrous, namely, mimicry ; but it is allowable only in us to attempt it cautiously, if ever we do attempt it, and but for a moment, otherwise it is far from becoming to a man of educa- tion. A third is distortion of features, utterly unworthy of us. A fourth is indecency in language, a disgrace not only to the forum, but to any company of well-bred people. So many things, then, being deducted from this part of oratory, the kinds of jesting which remain are (as I distinguished them before) such as consist in thought or in expression. That which, in whatever terms you express it, is still wit, consists in the thought; that which by a change of words loses its spirit, has no wit but what depends on expression.

Plays on ambiguous words are extremely ingenious, but depend wholly on the expression, not on the matter. They seldom, however, excite much laughter, but are rather com- mended as jests of elegance and scholarship ; as that about Titus, whom, being a great tennis-player, and at the same time suspected of having broken the sacred images by night, Terentius Vespa excused, when his companions inquired for him, as he did not come to the Campus Martins, by saying that he had broken an arm. Or as that of Africanus, which is in Lucilius,

'^ ' Quid? Decius, nuculam an cortjixuin vis facere ? inquit.^ Or, as your friend Granius, Crassus, said of somebody, That

^ This verse of Lucijius would be unintelligible to us, even if we were certain that the reading of it is sound. Heusinger thinks that Lucilius referred to the game played with nuts, which the .author of the elegy en- titled " Nux" mentions : Quas puer aut rectus certo dilaminat ictu. Others think that confixnm facere signifies merely covfigere. Ernesti supposes that a sort of dish, made of pieces of flesh, fricassee^ is meant. Schutz suggests that, if this be the meaning of conjixum^ some kind of eatable must be intended by nucula. But this profits us nothing. Ellendt,

C. LXIII.] ON THE CHARACTER OF THE ORATOR. 157

he was not worth the sixth part of an as.^ And if you were to ask me, I should say that he who is called a jester excels chiefly in jokes of this kind, but that other jests excite laugh- ter in a greater degree. The ambiguous gains great admira- tion, as I observed before, from its nature, for it appears the part of a wit to be able to turn the force of a word to quite another sense than that in which other people take it ; but it excites surprise rather than laughter, unless when it happens to be joined with some other sorts of jesting.

LXIII. " Some of these sorts of jesting I will now run over : but you are aware that that is the most common kind of joke, when we expect one thing and another is said ; in which case our own disappointed expectation makes us laugh. But if something of the ambiguous is thrown in with it, the wit is heightened ; as in Naevius, a man seems to be moved with compassion who, seeing another, that was sentenced for debt, being led away, inquires, For how much is he adjudged ? He is answered, A thousand sestertii. If he had then added only. You may take him away^ it would have been a species of joke that takes you by surprise ; but as he said, I add no more ; you may take him away (thus introducing the ambiguous, an- other kind of jest), the repartee, as it seems to me, is rendered witty in the highest degree. Such equivocation is most happy when, in any dispute, a word is caught from your adversary, and thence something severe is turned upon the very person who gave the provocation, as by Catulus upon Philippus.^ But as there are several sorts of ambiguity, with regard to which accurate study is necessary, we should be attentive and on the watch for words ; and thus, though we may avoid frigid witticisms (for we must be cautious that a jest is not thought far-fetched), we shall hit upon many acute sayings. Another kind is that which consists in a slight change in a word, which, when produced by the alteration of a letter, the Greeks call , Traporofxaala, as Cato called Nohilior'^ Mohilior ; or as, when he

^ Non esse sextantis. A phrase applied either to any thing worth more than a sextans, and therefore perhaps of great value, or to any thing worth less than a sextans, or of no value at all. Turnehus,

2 See c. 54.

^ Marcus Fulvius Nobilior. Cato had accused him of having taken poets with him into his province, and called him Mohilior, to denote his levity, which, among the Romans, who were fond of gravity and steadi- ness, was a great crime. Turnehus, See Cic, Tusc. Qusest., i., 2. He

158 DE oratore; or, [b. n.

had said to a certain person, Eamus deambulatum^ and the other asked, Quid opus fuit de ^ Cato rejoined, Imb verb^ quid opus fuit TE?i Or that repartee of the same Cato, If you are both adverse and averse in your shameless practices. The interpreta- tion of a name also has wit in it, when you assign a ridiculous reason why a person is so called ; as I lately said of Nummius, who distributed money^ at elections, that he had found a name in the Campus Martins as Neoptolemus found one at Troy.

LXIV. " All such jokes lie in a single word. Often too a verse is humorously introduced, either just as it is, or with some little alteration ; or some part of a verse, as Statins said to Scaurus when in a violent passion (whence some say, Cras- sus, that your law^ on citizenship had its rise) :

• ' * Hush ! Silence ! what is all this noise ? Have you,

Who neither have a father nor a mother, Such confidence ? Away with all that pride.'

In the case of Caelius, that joke of yours, Antonius, was as- suredly of advantage to your cause ; when, appearing as a witness, he had admitted that a great deal of money had gone from him, and as he had a son who was a man of pleasure, you, as he was going away, said,

" * See you the old man, touch'd for thirty minas?'

To the same purpose proverbs may be applied ; as in the joke of Scipio, when Asellus was boasting that while he had served in the army, he had marched through all the provinces, Drive an ass, etc.* Such jokes, as they can not, if any change is made in the words of them, retain the same grace, are neces- sarily considered as turning, not on the matter, but on the mere expression.

"There is also a kind of joke, not at all absurd, which lies

had also built a temple to the Muses. Cic, ib., et Arch., c. 11 ; Brut., c. 20 ; Plin., H. N., xxxv., 36. Ellendt.

^ This appears to us moderns a very poor joke. No translation cai make it intelligible to those who do not understand the original.

^ Divisor em. Divisor es were those who distributed money among the tribes, in the name of the candidates, as bribes for their votes. See Cic.,l| Verr., i., 8; Plane, 19. Ellendt.

^ The Lex Licinia Mucia de civibus regendis, A.u.c. 659, by which i! was provided that no one should be accounted a citizen who was not really a citizen. Cic, Off., iii., 11. Ellendt.

• Turnebus thinks that the reference is to the Greek proverb, Et p^

C. LXV.] ON THE CHARACTER OF THE ORATOR. 159

in expression, when you seem to understand a thing literally, and not in its obvious meaning; in which kind it was that Tutor,! the old mimic, an exceedingly laughable actor, ex- clusively distinguished himself. But I have nothing to do with actors ; I only wished this kind of jesting to be illus- trated by some notable example. Of this kind was your an- swer lately, Crassus, to one who asked you whether he should he troublesome if he came to you some time before it was light ; and you said, You will not be troublesome : when he rejoined, You ivill order yourself to be waked then ? to which you replied, Surely I said that you would not he troublesome. Of the same sort was that old joke which they say that Marcus Scipio Maluginensis made, when he had to report from his century that Acidinus was voted consul, and the officer cried out. De- clare as to Lucius Manlius^ he said, / declare him to he a ivorthy man, and an excellent member of the commonwealth. The an- swer of Lucius [Porcius]2 Nasica to Cato the censor was hu- morous enough, when Cato said to him. Are you truly satisfied that you have taken a wife .^ No, indeed, replied Nasica, / am not truly satisfied? Such jests are insipid, or witty only when another answer is expected ; for our surprise (as I before* ob- served) naturally amuses us ; and thus, when we are deceived, as it were, in our expectation, we laugh.

LXY. Those jests also lie in words, which spring from some allegorical phraseology, or from a metaphorical use of some one word, or from using words ironically. From alle- gorical phraseology : as when Rusca, in old times, proposed the law to fix the ages of candidates for offices, and Marcus Servilius, who opposed the law, said to him : Tell me, Marcus Pinarius Eusca, if I speak against you, will you speak ill of me

dvvaio (Soijv, eXavve ovov, *^ If you can not drive an ox, drive an ass" (see Apostol., Prov., vii., 53 ; Zenob., iii., 54) ; but that proverb seems inap- plicable to this passage. Talseus and Lambinus suppose, with more probability, that something like this must be understood : Agas asellum, cur sum non docebitur. Asellus is again mentioned in c. 66. Ellendt. ^ Nothing is recorded of that actor in pantomime. Ellendt, ^ This passage is corrupt, but as no emendation of it can be trusted, it will be sufficient to inclose Porcius in brackets. Orellius,

^ Ex tui animi sententid tu uxorem Jiabes f The words ex animi senten- tid had two significations : they were used by the censors in putting ques- tions in the sense of truly, sincerely;" but they were used in common conversation in the sense of "to a person's satisfaction." From the ambiguity of the phrase proceeds the joke. * C. 63.

160 DE ORATORE; or, [b. II.

as you have spoken of others? As you shall sow, replied he, 50 you shall reap. From the use of a single word in a metaphor- ical sense : as when the elder Scipio said to the Corinthians, who offered to put up a statue of him in the place where those of other commanders were, That he did not like such comrades. From the ironical use of words : as when Crassus spoke for Aculeo before Marcus Perperna as judge, and Lucius :^lius Lama appeared for Gratidianus against Aculeo, and Lama, who was deformed, as you know, offered impertinent interrup- tions, Crassus said. Let us hear this beautiful youth. When a laugh followed, / could not form my own shape, said Lama, hut I could form my understanding. Then, said Crassus, Ze^ us hear this able orator; when a greater laugh than before ensued. Such jests are agreeable as well in grave as in humorous speeches. For I observed, a little while ago,^ that the sub- jects for jest and for gravity are distinct ; but that the same form of expression will serve for grave remarks as for jokes. Words antithetically used^ are a great ornament to language ; and the same mode of using them is often also humorous ; thus, when the well-known Servius Galba carried to Lucius Scribonius the tribune a list of his own intimates to be ap- pointed as judges, and Libo said. What, Galba, will you never go out of your own dining-room ? Yes, replied Galba, when you go out of other men^s bed-chambers. To this kind of joke the saying of Glaucia to Metellus is not very dissimilar : You have your villa at Tibur, but your court on Mount Palatine.^

LXVL " Such kinds of jokes as lie in words I think that I have now sufficiently discussed ; but such as relate to things are more numerous, and excite more laughter, as I observed before.^ Among them is narrative, a matter of exceeding difficulty ; for such things are to be described and set before the eyes, as may seem to be probable, which is the excellence of narration, and such also as are grotesque, which is the pe- culiar province of the ridiculous ; for an example, as the short- est that I recollect, let that serve which I mentioned before,

1 C. 61.

^ Verba relata contrarie. Which the Greeks call avTiOtra, when con- trariis opponuntur contraria. Cic, Or., 50.

^ Villain in Tiburte hahes, cortem in Palatio. Coy^s or cliors meant a coop, pen, or movable sheepfold. Schutz and Strebyeus, therefore, sup- pose that Glaucia intended to designate the companions of Metellus as cattle, for which he had 2ipen on the Palatine. * C. 61.

C. LXVI.] ON THE CHARACTER OF THE ORATOR. 161

the story of Crassus about Memmius.^ To this head we may assign the narratives given in fables. Allusions are also drawn from history; as when Sextus Titius^ said he was a Cassandra, / can name^ said Antonius, many of your Ajaces Oileu^ Such jests are also derived from similitudes, which in- clude either comparison or something of bodily representation, A comparison^ as when Gallus, that was once a witness against Piso, said that a countless sum of money had been given to Magius^ the governor, and Scaurus tried to refute him, by al- leging the poverty of Magius, You mistake me, Scaurus, said he, for I do not say that Magius has saved it, hut that, like a man gathering nuts without his clothes, he has put it into his belly , Or, as when Marcus Cicero^ the elder, the father of that excellent man our friend, said, That the men of our times were like the Syrian slaves ; the more Greek they knew, the greater knaves they were. Representations also create much laughter, and these commonly bear upon some deformity, or bodily defect, with a comparison to something still more deformed : as my own saying on Helvius Mancia, I will now show, said I, what sort of man you are ; when he exclaimed, Show us, I pray you ; and I pointed with my finger to a Gaul represented upon the Cim- brian shield of Marius under the new shops^ in the forum, with his body distorted, his tongue lolling out, and his cheeks flabby. A general laugh ensued ; for nothing was ever seen to resemble Mancia so much. Or as I said to the witness Titus Pinarius, who twisted his chin about while he was speak- ing. That he might speak, if he pleased, if he had done cracking his nut There are jokes, too, from things being extenuated or exaggerated hyperbolically, and to astonish ; as you, Cras- sus, said in a speech to the people, that Memmius fancied him- self so great a man, that as he came into the forum he stooped his head at the arch of Fabius, Of which kind is the saying also, that Scipio is reported to have uttered at Numantia when

1 C, 59. 2 C. 11.

^ Antonius impudicos hominis mores insectatur, cum Cassandrae ab Ajace post expugnatam Trojam vim illatam fuisse constet. Ellendt.

• Of Magius nothing is known. Ellendt.

^ The grandfather of the orator, as is clearly shown by Corradus in Quaest. Emesti.

^ Sub Novis. Understand Tahernis argentariis. See P. Fabr. ad Quaest. Acad., iv.,22; Drakenborch ad Liv., xxvi., 27; xliv., 17. Emesti,

162 DE oratore; or, [s-n.

he was angry with Metellus, that If his mother were to produce ajifthj she ivould hring forth an ass^ There is also frequently acuteness shown, when something obscure and not commonly known is illustrated by a slight circumstance, and often by a single word, as when Publius Cornelius, a man, as was sus- pected, of a covetous and rapacious disposition, but of great courage and an able commander, thanked Caius Fabricius for having, though he was his enemy, made him consul, es- pecially during a difficult and important war. You have no reason to thank me, returned Fabricius, if I had rather be pil- laged than sold for a slave. Or, as Africanus said to Asellus, who objected to him that unfortunate lustration in his cen- sorship. Do not wonder ; for he who restored you to the rights of a citizen^ compelled the lustration and sacrificed the hull There was a tacit suspicion that Mummius seemed to have laid the state under the necessity of expiation by removing the mark of ignominy from Asellus.

LXVII. Ironical dissimulation has also an agreeable ef- fect, when you say something different from what you think ; not after the manner to which I alluded before, when you say the exact reverse of what you mean, as Crassus said to Lama, but when through the whole course of a speech you are se- riously jocose, your thoughts being different from your words ; as our friend Scaevola said to that Septumuleius of Anagnia (to whom its weight in gold was paid for the head of Caius Gracchus), when he petitioned that he would take him as his lieutenant general into Asia, What would you have^ foolish man ? there is such a multitude of had citizens that^ I warrant you^ if you stay at Eome, you icill in a few years make a vast fortune. Fannius, in his Annals, says that Africanus the younger, he that was named ^milianus, was remarkable for this kind of jests ; and calls him by a Greek term elpiov^ an ironical jester ; but, according to what those say who know these matters bet- ter than myself, I conceive that Socrates, for irony and dis- simulation, far excelled all other men in the wit and genius which he displayed. It is an elegant kind of humor, satirical with a mixture of gravity, and adapted to oratory as well as to polite conversation. Indeed, all the kinds of humor of

^ Quintus Metellus Macedonicus, as Plutarch relates in his treatise De Fortund Romanorum, had four sons, whose abilities were in propor- tion to their ages, the youngest being the least gifted. Proust.

C. LXVII.] ON THE CHAKACTER OF THE ORATOR. 163

which I have spoken, are seasonings not more appropriate to law-pleadings in the forum, than to any other kind of discourse. For that which is mentioned by Cato (who has reported many apophthegms, several of which have been produced by me as examples), seems to me a very happy saying, that Caius Pub- lius used to observe that Puhlius Mummius was a man for all oc- casions ; so it certainly is with regard to our present subject, that there is no time of life in which wit and polite humor may not very properly be exercised.

But I will pursue the remainder of my subject. It is a kind of joking similar to a sort of dissimulation, when any thing disgraceful is designated by an honorable term ; as when Africanus the censor removed from his tribe that centurion who absented himself from the battle in which Paulus com- manded, alleging, that he had remained in the camp to guard it, and inquiring why he had such a mark of ignominy set upon him, / do not like^ replied Africanus, over vigilant people. It is an excellent joke, too, when you take any part of another person's words in a different sense from that which he intend- ,ed; as Fabius Maximus did with Livius Salinator,^ when, on Tarentum being lost, Livius had still preserved the citadel, and had made many successful sallies from it, and Fabius, some years afterward, having retaken the town, Livius begged him to remember that it was owing to him that Tarentum was retaken. How can I do otherwise than remember^ said Fa- bius, for I should never have retaken it if you had not lost it. Such jokes as the following, too, are, though rather absurd, often on that very account extremely amusing, and very ap- posite, not only to characters in plays, but also to us orators :

^ The foolish man ! As soon as he had come to wealth, he died.'

• ' ' That woman, what is she to you ?

My wife. Like you, by Hercules V^

^ The same anecdote is noticed by Cicero, De Senect., c. 4 ; and Livy speaks of the occurrence at some length, xxvi., 25. But that the Marcus Livius there mentioned had not the cognomen of Salinator, but of Macatus, is shown by P. Wesseling, Obss. ii., 5; and there seems little doubt that Cicero made a mistake here, as in some other places. Ellendt,

^ We may suppose, says Streb^eus, the woman to have been deformed, and some one to have asked the man, What relation is that woman to you? your sister? When the man answered, "My wife," the ques-

■l

164 DE oratore; or, [b.h.

• • * As long as he was living at the waters

He never^ died/

LXVIII. ^'This kind of jokes is rather trifling, and, as I said, fit for actors in farces ; but sometimes it finds a proper place with us, as even one who is not a fool may express him- self like a fool in a humorous way, as Mancia congratulated you, Antonius, when he heard that you were accused by Mar- cus Duronius of bribery in your censorship : At lengthy said he, you loill have an opportunity of attending to your own business. Such jests excite great laughter, and, in truth, all sayings that are uttered by men of sense with a degree of absurdity and sarcasm, under the pretense of not understanding what is said to them. A joke of this kind is not to seem to comprehend what you comprehend very well ; as when Pontidius, being asked. What do you think of him who is taken in adultery ? re- plied. That he is slow. Or such as was my reply to Metellus, when, at a time of levying troops, he would not excuse me from serving for the weakness of my eyes, and said to me, What! can you see nothing ? Yes truly ^ answered I, / can see your villa from the Esquiline Gate? Or as the repartee of Nasi- ca, who, having called at the house of the poet Ennius, and the maid-servant having told him, on his inquiring at the door, that Ennius was not at home, saw that she had said so by her master's order, and tliat he was really within ; and when, a few days afterward, Ennius called at Nasica's house, and inquired for him at the gate, Nasica cried out. That he was not at home. What? says Ennius, do I not know your voice 1 You are an impudent fellow^ rejoined Nasica ; when I inquired for you, I believed your servant when she told me that you ivere not at home, and will not you believe me when I tell you that I am not at home ? It is a very happy stroke, too, when he who has uttered a sarcasm is jested upon in the same strain in which he has attacked another ; as when Quintus Opimius, a man of consular dignity, who had the report of having been licentious in his youth, said to Egilius, a man of wit, who

tioner would exclaim, '^ And yet, how like you she is! I should have taken her for your sister ;" wittily indicating the deformity of the man.

^ The joke, says Schutz, is in the word never, as if it were possible that a man miglit die several times.

^ A reflection, says Turnebus, on the extraordinary size and magnifi- cence of the buildino;.

C. LXIX.] ON THE CHARACTER OF THE ORATOR. 165

seemed to be an effeminate person, but was in reality not so, How do you do^ my Egilia ? when will you pay me a visit with your distaff and spindle ? and Egilius replied, / certainly dare not ; for my mother forbade me to visit women of had character, LXIX. There are witty sayings also which carry a con- cealed suspicion of ridicule ; of which sort is that of the Si- cilian, who, when a friend of his made lamentation to him, saying, that his wife had hanged herself upon a fig-tree, said, / beseech you give me some shoots of that tree^ that I may plant them. Of the same sort is what Catulus said to a certain bad orator, who, when he imagined that he had excited compas- sion at the close of a speech, asked our friend here, after he had sat down, whether he appeared to have raised pity in the audience : Very great pity^ replied Crassus, for I believe there is no one here so hard-hearted but that your speech seemed pitiable to him. Those jests amuse me extremely, which are expressed in passion and as it were with moroseness; not when they are uttered by a person really morose, for in that case it is not the wit, but the natural temper that is laughed at. Of this kind of jest there is a very humorous example, as it appears to me, in Naevius :

(>(■ < Why mourn you, father ? Strange that I do not sing ! I am condemn'd.'

Contrasted with this there is a patient and cool species of the humorous ; as when Cato received a stroke from a man carry- ing a trunk, who afterward called to him to take care, he asked him, ivhether he carried any thing else besides the trunk f There is also a witty mode of exposing folly ; as when the Sicilian to whom Scipio, when praetor, assigned his host for an advocate in some cause, a man of rank but extremely stupid, said, / beseech you^ prcetor, give this advocate to my ad- versary^ and give me none. Explanations of things, too, are amusing, which are given from conjecture in a sense far dif- ferent from that which they are intended to convey, but with ingenuity and aptness. As when Scaurus accused Eutilius of bribery (at the time when he himself was made consul, and Eutilius suffered a disappointment), and showed these letters in Kutilius's books,^ A. F. P. R, and said that they signified. Actum Fide Publii Eutilii, ' transacted on the faith of Publius Eutilius ;' while Eutilius declared that they meant, Ante Fac- ^ Which Scaurus required to be produced on the trial.

166 BE ORA.TORE; OR, [b. H.

turn Post Relatum, ' done before, entered after ;' but Caius Canius, being on the side of Rufus, observed that neither of those senses was intended by the letters : What, then, is the meaning f inquired Scaurus. ^milius fecit, plectitur Rutilius, replied Canius ; ' j^Cmilius is guilty, Rutilius is punished/

LXX. "A union of discordant particulars is laughable: as, What is wanting to him, except fortune and virtue ? A fa- miliar reproof of a person, as if he were in error, is also amusing ; as when Albucius taunted Granius, because, when something appeared to be proved by Albucius from Granius's writing, Granius rejoiced extremely that Scaevola^ Avas ac- quitted, and did not understand that judgment was given against the credit of his own writinor. Similar to this is friendly admonition by way of giving advice : as when Gra- nius persuaded a bad pleader, who had made himself hoarse with speaking, to diink a cold mixture of honey and wine as soon as he got home : / shall ruin mij voice, said he, if I do so. It will be better, said Granius, than to ruin your clients. It is a happy hit, too, when something is said that is peculiarly applicable to the character of some particular person ; as when Scaurus had incurred some unpopularity for having taken possession of the effects of Phrygio Pompeius, a rich man who died without a will, and was sitting as counsel for Bestia, then under impeachment, Caius Memmius the accuser, as a funeral procession passed by, said. Look, Scaurus, a dead body is going by, if you can but get possession ! But of all jokes none create greater laughter than something said contrary to expectation ; of which there are examples without number. Such was the saying of Appius the elder,^ who, when the matter about the public lands, and the law of Thorius, was in agitation in the senate, and Lucilius was hard pressed by those who asserted that the public pastures were grazed by his cattle, said, They are not the cattle of Lucilius ; you mistake (he seemed to be going to defend Lucilius) ; / look upon them

^ Texts vary greatly in this passage. I adhere strictly to that of Orel- lius. **It appears," says Pearce, *'that Scaevola was accused of extor- tion, as Cicero says in his Brutus, and in the first book De Finibus, and that Albucius, to prove the accusation, brought forward some writing of Granius, who, when judgment was given in favor of Scsevola, did not understand that it was at the same time given against his own writing."

^ He is called the elder, because he had a brother of the same name, the father of Publius Clodius, the enemy of Cicero. Proust.

C. LXXI.] ON THE CHARACTER OF THE ORATOR. 167

as free, for they feed ivJiere they please. That saying also of the Scipio who slew Tiberius Gracchus amuses me. When, aft- er many charges were made against him, Marcus Flaccus pro- posed Publius Mucius as one of his judges, / except against him, said he, he is unjust ; and when this occasioned a general murmur, Ah! said he, / do not except against him, Conscript Fathers, as unjust to me, hut to every body. But nothing could be more witty than the joke of our friend Crassus. When Silus, a witness, was injuring the cause of Piso, by something that he said he had heard against him, It is possible, said he, Silus, that the person from lohom you heard this said it in anger. Silus assented. It is possible, too, that you did not rightly un^ derstand him. To this also he assented with the lowest of bows, expressing entire agreement with Crassus. It is also possible, continued Crassus, that what you say you have heard you never heard at all. This was so different from what was expected, that the witness was overwhelmed by a general laugh. Naevius is full of this kind of humor, and it is a fa- miliar joke. Wise man, if you are cold you will shake; and there are many other such sayings.

LXXI. " You may often also humorously grant to your adversary what he wishes to detract from you ; as Caius Lce- lius, when a man of disreputable family told him that he was unworthy of his ancestors, replied. But, by Hercules, you are worthy of yours. Jokes, too, are frequently uttered in a sen- tentious manner; as Marcus Cincius, on the day when he proposed his law about gifts and presents, and Caius Cento stood forth and asked him with some scorn. What are you proposing, little Cincius ? replied. That you, Caius, may pay for what you wish to use.^ Things also which are impossible are

^ A species of ridicule expressed in a pithy sentence. The example produced requires that we should explain the Cincian law. This can not be done better than in the words of Dr. Middleton. The business of pleading, says he, though a profession of all others the most laborious, yet was not among the Romans mercenary, or undertaken for any pay ; for it was illegal to take money, or to accept even a present for it ; but the richest, the greatest, and the noblest of Rome freely offered their talents to the service of their citizens, as the common guardians and protectors of the innocent and distressed. This was an institution as old as Romulus, who assigned the patronage of the people to the patri- cians or senators, without fee or reward ; but in succeeding ages, when, through the avarice of the nobles, it had become a custom for all clients to make annual presents to their patrons, by which the body of the citi-

168 DE ORATORE ; OR, [b, II.

often wished for with much wit ; as Marcus Lepidus, when he lay down upon the grass, while others were taking their exercise in the Campus Martins, exclaimed, / wish this were labor, ^ It is an excellent joke also to give inquisitive people who teaze you, as it were, a calm answer, of such a nature as they do not expect ; as Lepidus the censor, when he deprived Antistius of Pyrgi of his horse ;2 and his friends called out to him, and inquired what reason Antistius could give his father why his horse was taken from him, when he was^ an excel- lent, industrious, modest, frugal member of the colony, rejoin- ed. That I believe not a ivord of it. Some other sorts of jests are enumerated by the Greeks, as execrations, expressions of admiration, threats. But I think that I have divided these matters into too many heads already ; for such as lie in the force and meaning of a word, are commonly easy to settle and define ; but in general, as I observed before, they are heard rather with approbation than laughter. Jokes, however, which lie in the subject and thought, are, though infinite in

zens was made tributary as it were to the senate, M. Cincius, a tribune, pubUshed a law prohibiting all senators to take money or gifts on any account, and especially for pleading causes. This Cincian law was made in the year of Home 549 ; and recommended to the people, as Cicero tells us (De Senect. 4), by Quintus Fabius Maximus, in the ex- tremity of his age. Caius Cento was one of the orators who opposed it. Livy, xxxiv., 4, gives us the reason for passing this law, " Quid legem Cinciam de donis et muneribus, nisi quia vectigalis jam et stipendiaria plebs esse senatui cseperat?" It is also mentioned by Tacitus, Annal., xi., 5: **Consurgunt patres legemque Cinciam flagitant, qua cavetur antiquitus ne quis ob causam orandam pecuniam donumve accipiat." We also find from the same author (xi., 7), that this law was not well observed in Cicero's time: **prompta sibi exempla quantis mercedibus P. Clodius aut C. Curio concionari soliti sint;" so the Emperor Clau- dius confined the fees to be allowed not to exceed a certain sum, which amounted to £80 145. Id. of our money, ^' Capiendis pecuniis posuit modum usque ad dena sestertia, quem egressi repetundarum tenerentur." The Cincian law, says Dr. Taylor, has been well commented upon by several of the moderns, as Ranchinus, ii. : Var., vii. ; Burgius, i. ; Elect., xviii. ; and Brummerus. B, Turnebus understands the sense of the repartee to be, that patrons were not to expect thenceforward to live upon gifts from their clients, but must buy whatever they wished to have.

^ He wishes that labor were as easy as ease.

^ Excluding him from the number of the knights, to whom a horse was given at the public expense.

^ That is, says Proust, was so reported by those who wished to favor him.

C. LXXII.] ON THE CHARACTER OF THE ORATOR. 169

their varieties, reducible under a very few general heads ; for it is by deceiving expectation, by satirizing the tempers of oth- ers, by playing humorously on our own, by comparing a thing with something worse, by dissembling, by uttering apparent absurdities, and by reproving folly, that laughter is excited ; and he who would be a facetious speaker, must be endowed with a natural genius for such kinds of wit, as well as with personal qualifications, so that his very look may adapt itself to every species of the ridiculous ; and the graver and more serious such a person is, as is the case with you, Crassus, so much more humorous do the sayings which fall from him gen- erally appear.

But now I think that you, Antonius, who said^ that you would repose during my discourse, as in some place of re- freshment, will, as if you had stopped in the Pomptine Marsh, neither a pleasant nor a wholesome region, consider that you have rested long enough, and will proceed to complete the remainder of your journey." I will," said Antonius, "hav- ing been very pleasantly entertained by you, and having also acquired instruction, as well as encouragement, to indulge in jesting ; for I am no longer afraid lest any one should charge me with levity in that respect, since you have produced such authorities as the Fabricii, the African i, the Maximi, the Ca- tos, and the Lepidi, in its favor. But you have heard what you desired from me, at least such points as it was necessary to consider and detail with particular accuracy ; the rest are more easy, and arise wholly from what has been already said.

LXXII.^ "For when I have entered upon a cause, and traced out all its bearings in my mind, as far as I could pos- sibly do so; when I have ascertained and contemplated the proper arguments for the case, and those particulars by which the feelings of the judges may be conciliated or excited, I then consider what strong or weak points the cause contains ; for hardly any subject can be called into question and contro- versy in pleading, which has not bgth ; but' to what degree is the chief concern. In pleading, my usual method is, to fix on whatever strong points a cause has, and to illustrate and make the most of them, dwelling on them, insisting on them,

' C. 57.

^ Antonius returns to the point from which he had digressed at c. 57.

H

170 DE ORATORE ; OR, [b. n.

clinging to them; but to hold back from the weak and de- fective points in such a way that I may not appear to shun them, but that their whole force may be dissembled and over- whelmed^ by the ornament and amplification of the strong parts. If the cause turn upon arguments, I maintain chiefly such as are the strongest, whether they are several or whether there be but one ; but if the cause depend on the conciliation or excitement of the feelings of the judges, I apply myself chiefly to that part which is best adapted to move men's minds. Finally, the principal point for consideration on this head is, that if my speech can be made more effective by re- futing my adversary, than by supporting my own side of the question, I employ all my weapons against him ; but if my own case can be more easily supported, than that on the oth- er side can be confuted, I endeavor to withdraw the attention of the judges from the opposite party's defense, and to fix it on my own. In conclusion, I adopt, on my own responsibili- ty, two courses which appear to me most easy (since I can not attempt what is more difiicult) : one, that I make, some- times, no reply at all to a troublesome or difiicult argument or point (and at such forbearance perhaps somebody may rea- sonably laugh ; for who is there that can not practice it ? but I am now speaking of my own abilities, not those of others ; and I confess that, if any particular press very hard upon me, I usually retreat from it, but in such a manner as not only not to appear to flee with my shield thrown away, but even with it thrown over my shoulders ; adopting, at the same time, a certain pomp and parade of language, and a mode of flight that resembles fighting ; and keeping upon my guard in such a way, that I seem to have retired, not to avoid my enemy, but to choose more advantageous ground) ; the other is one which I think most of all worthy of the orator's pre- caution and foresight, and which generally occasions me very great anxiety: I am accustomed to study not so much to benefit the causes which I undertake, as not to injure them ; not but that an orator niust aim at both objects ; but it is, however, a much greater disgrace to him to be thought to have damaged a cause than not to have profited it.

LXXIII. " But what are you saying among yourselves on

^ Dlssimulatum . . . ohruatur. The word ante^ which is retained by Orellius, but is wanting in several manuscripts, I leave untranslated.

C. LXXIV.] ON THE CHARACTER OF THE ORATOR. 171

this subject, Catulus *? Do you slight what I say, as indeed it deserves to be slighted f " By no means," rejoined Catulus ; but Caesar seemed desirous to say something on the point." ^^Let him say it, then, with all my heart," continued Anto- nius, " whether he wish to confute, or to question me." " In- deed, Antonius," said Caesar, I have always been the man to say of you as an orator, that you appeared to me in your speeches the most guarded of all men, and that it was your peculiar merit, that nothing was ever spoken by you that could injure him for whom you spoke. And I well remem- ber, that, on entering into a conversation with Crassus here concerning you, in the hearing of a large company, and Cras- sus having largely extolled your eloquence, I said, that among your other merits this was even the principal, that you not only said all that ought to be said, but also never said any thing that ought not to be said ; and I recollect that he then observed to me, that your other qualities deserved the highest degree of praise, but that to speak what was not to the purpose, and to injure one's own client, was the con- duct of an unprincipled and perfidious person ; and, conse- quently, that he did not appear to him to be a good pleader, who avoided doing so, though he who did so was certainly dishonest. Now, if you please, Antonius, I would wish you to show why you think it a matter of such importance, to do no harm to a cause ; so much so, that nothing in an orator appears to you of greater consequence."

LXXIV. " I will readily tell you, Caesar," replied Anto- nius, what I mean; but do you, and all who arc here, re- member this, that I am not speaking of the divine power of the complete orator, but of my own humble efforts and prac- tice. The remark of Crassus is indeed that of an excellent and singular genius ; to whom it appeared something like a prodigy, that any orator could possibly be found, who could do any mischief in speaking, and injure him whom he had to defend. For he judges from himself; as his force of intellect is such, that he thinks no man speaks what makes against himself, unless on purpose ; but I am not alluding to any su- pereminent and illustrious power, but to common and almost universal sense. Among the Greeks, Themistocles the Athe- nian is reported to have possessed an incredible compass of understanding and genius ; and a certain person of learning

172 DE ORATORE; or, [b. II.

and singular accomplishments is said to have gone to him, and offered to teach him the art of memory^ an art then first made public. When he inquired what that art could do for him, the professor replied, that it would enable him to re- member every thing; when Themistocles rejoined, that he would oblige him much more if he could instruct him how to forget, rather than to remember, what he chose. Do you conceive what force and vigor of genius, how powerful and extensive a capacity, there was in that great man ? who an- swered in such a manner that we may understand that no- thing, which had once entered his mind, could ever slip out of it ; and to whom it was much more desirable to be enabled to forget what he did not wish to remember, than to remem- ber whatever he had once heard or seen. But neither on ac- count of this answer of Themistocles are we to forbear to cultivate our memory, nor is my precaution and timidity in pleading causes to be slighted on account of the excellent un- derstanding of Crass us ; for neither the one nor the other of them has given me any additional ability, but has merely signified his own. There are numbers of points^ in causes that call for circumspection in every part of your speech, that you may not stumble, that you may not fall over any thing. Oftentimes some witness either does no mischief, or does less, if he be not provoked ; my client entreats me, the advocates press me, to inveigh against him, to abuse him, or, finally, to plague him with questions; I am not moved, I do not com- ply, I will not gratify them ; yet I gain no commendations ;

^ Antonius mentions seven ways by which the indiscretion of the ora- tor may be of prejudice to the cause, to illustrate his last observation: 1. By irritating a witness, who would not have injured his client with- out provocation. 2. By not giving way when the arguments press too hard upon him, he may lose his cause. 3. By extolling those qualities in his client which ought to be extenuated, he may do mischief. 4. By throwing invectives upon those who are entitled to the esteem and favor of the judges. 5. By upbraiding his adversary with the same defects that are in some of the judges ; of which Philip's derision of a dwarfish evidence, before Lucius Aurifex, who was still lower in stature, was an instance mentioned before. G. He may plead his own cause rather than that of his client ; which blame Cicero seems to have incurred in his oration for Publius Sextius, a cause in which he was warmly and special- ly interested. Whoever has any inclination to read the history of that trial, may find it in Dr. Middleton's Life of Cicero, vol. ii., p. 45, etc. 7. By the use of false or repugnant arguments, or such as are foreign to the usage of the bar and judicial proceedings. B.

C. LXXV.] ON THE CHARACTER OF THE ORATOR. 173

for ignorant people can more easily blame what you say in- judiciously, than praise you for what you discreetly leave un- noticed. In such a case how much harm may be done if you oiFend 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 from his passion, the power in his understand- ing, and the means in his reputation ; nor, if Crassus never commits this offense, is that a reason that many are not guilty of it, and often ; 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 — Whom ? his adversary ? iVo trul?/, but himself and his client.

LXXV. This Crassus thinks can never happen but through perfidiousness ; but I very frequently observe that persons by no means dishonest do mischief in causes. In re- gard to that particular which I mentioned before, that I am 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 they occasion but slight detriment to their causes when they either strengthen the supports of their adversaries or inflame the wounds which they can not 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 those qualities in them that excite ill-will, but make them more obnoxious to it by commending and extolling them, how much mischief is caused by such management ? Or what if, without any precautionary language, you throw bitter and contumelious invectives upon popular persons, in favor with the judges, do you not alienate their feelings from you? Or what if there be vices or bad qualities in one or more of the judges, and you, 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 affront, are carried away from the question by pas- sion, and start aside from the subject, do you occasion no harm? In this respect I am esteemed too patient and for- bearing, not because I willingly hear myself abused, but be-

174 DE gratore; Git, [b. n.

cause I am unwilling to lose sight of the cause ; as, for in- stance, when I reproved you yourself, Sulpicius, for attacking an agent, not me your adversary. ^ From such conduct, how- ever, I acquire this advantage, that if any one does abuse me, he is thought to be either ill-tempered or out of his wits. Or if in your arguments you shall state any thing either manifestly false, or contradictory to what you have said or are going to say, or foreign in its nature to the practice of trials and of the forum, do you occasion no damage to your cause ? Why need I say more on this head ? My whole care is constantly devoted to this object (for I will repeat it fre- quently), to effect, if I can, 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 and arrangement of facts and topics of argument. On this head, two methods may be observed ; one, which the nature of causes dictates ; the other, which is suggested by the ora- tor's judgment and prudence. For, to premise something be- fore we come to the main point ; then to explain the matter in question ; then to support it by strengthening our own ar- guments, and refuting those on the other side ; next, to sum up, and come to the peroration, is a mode of speaking that na- ture herself prescribes. But to determine how we should ar- range the particulars that are to be advanced in order to prove, to inform, to persuade, more peculiarly belongs to the orator's discretion. For many arguments occur to him ; many, that seem likely to be of service to his pleading ; but some of them are so trifling as to be utterly contemptible ; some, if they are of any assistance at all, are sometimes of such a nature, that there is some defect inherent in them ; while that which ap- pears to be advantageous, is not of such import that it need be advanced in conjunction with any thing prejudicial. And as to those arguments which are to the purpose, and deserving of trust, if they are (as it often happens) very numerous, I think that such of them as are of least weight, or as are of the same

^ Quod ministratorem pete7'es, non adversarium. The ministrator was a witness, from whose evidence Antonius had drawn arguments. Ellendt. Whether by adversarius is meant Antonius or not, is, as Henrichsen says, uncertain. Ellendt thinks that Antonius is not meant. I have, however, differed from him, as the context seems to indicate that Anto- nius is meant.

C. LXXVn.] ON THE CHARACTER OF THE ORATOR. 175

tendency with others of greater force, ought to be set aside, and excluded altogether from our pleading. I myself, indeed, in collecting proofs, make it a practice rather to weigh than to count them.

LXXVII. " Since, too, as I have often ohsprvp.d r we bnnp; over people in general lo ou r opinions by three methods, by instr ucting; their nnderstan din^s, conciliating their benevo- ience. or excitin g their passi ons, one only of these three meth- ods is to be professed by us, so that we may appear to desire nothitlg elyu but to instruct ; the other two, like blood through- out the body, ought to be dilFused through the whole of our pleading; for both the beginning, and the other parts of a speech, on which 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 solicitation and excite- ment produce great effect, though their proper place is chiefly in the exordium and the peroration, still, to make 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, an opportunity often presents itself of making a digression to rouse the feelings of the audience ; or this may be properly done after the con- firmation of our own arguments, or the refutation of those on the other side, or in either place, or in all, if the cause has sufficient copiousness and importance ; and those causes are the most considerable, and most pregnant with matter for am- plification and embellishment, which afford the most frequent opportunities for that kind of digression in which you may descant on those points by which the passions of the audience are either excited or calmed. In touching on this matter, I can not but blame those who place the arguments 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 advo- cates (a practice which never had my approbation), will have him to speak first in whom they confide least, and rank the others also according to their abilities.^ For a cause requires

^ Ut in quoque eormn minimum putant esse, ita eum primum volunt dicere.

• • As in each of them they think that there is least, so they wish him to

speak first."

176 DE ORA.TORE; OR, [b. H.

that the expectations of the audience should be met with all possible expedition ; and if nothing to satisfy them be offered in the commencement, much more labor is necessary in the sequel ; for that case is in a bad condition which does not at the commencement of the pleading at once appear to be the better. For thi s reason, as, i n^reg^-r d to pleaders^^ hp. wh o is the most able 'sh(mldrspeal£^to ; se -in regard -ta-iL.&pe££Ej£t the argrtmBhtsof most w^Lt bp. piiLforemost i.j:et -so-that this rule be observed with respect to both, that some of supe- rior efTicicn c^r be resBi ' VBd fOl* Ih ^ j^eroy&tioiT; if any are but^o f moderate strength (tor 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.

LXXVIIL The beginnings of speeches ought always to be accurate and judicious, well fill'ni^hGd'TCittrtli oughts, and happy in expression, as well as peculiarly suited to their re- spective 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 this point, I can not but feel astonished, not indeed at such as have paid no attention to the art, but at a man of singular eloquence and erudition, I mean Philippus, who generally rises to speak with so little preparation, that he knows not what word he shall utter first ; and he says, that when he has warmed his arm, then it is his custom to begin to fight ; but he does not consider that those from whom he takes this simile hurl their first lances gently, so as to preserve the utmost grace in their action, and at the same time to husband their strength. Nor is there any doubt, but that the beginning of a speech ought very seldom to be vehement and pugnacious ; but if even in the combat of gladi- ators for life, which is decided by the sword, many passes are made previous to the actual encounter, which appear to be in- tended, not for mischief, but for display, how much more natu-

^ Ut in oratore. Schutz conjectures in oratorihus, but he had better, as EUendt obserres, have conjectured ex orator ibus. But the text may be correct.

C. LXXIX.] ON THE CHARACTER OF THE ORATOR. 177

rally is 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 whole nature of things that is all produced at once, and that springs entire into being in an instant ; and nature herself has introduced every thing that is done and accomplished most energetically with a moderate beginning. Nor is the exordium of a speech to be sought from without, or from any thing unconnected with the subject, but to be derived from the very essence of the cause. It is, therefore, after the whole cause has been considered and ex- amined, and after every argument has been excogitated and prepared, that you must determine what sort of exordium 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^ you ought often to make di- gressions. Thus our exordia will give additional weight, when they are drawn from the most intimate parts of our de- fense ; and it will be shown that they are not only not com- mon, and can not be transferred to other causes, but that they have wholly grown out of the cause under consideration.

LXXIX. " But every exordium ought either to convey an intimation of the whole matter in hand, or some introduction and support to the cause, or something of ornament and dig- nity. But, like vestibules and approaches to houses and tem- ples, so the introductions that we prefix to causes should be suited to the importance of the subjects. In small and un- important^ causes, therefore, it is often more advisable to commence with the subject-matter itself without any preface. But, when we are to use an exordium (as will generally be the case), our matter for it may be derived either from the suitor, from the adversary, from the subject, or from those before whom we plead. From the suitor (I call all those suitors whom a suit concerns) we may deduce such particu- lars as characterize a worthy, generous, or unfortunate man, or one deserving of compassion ; or such particulars as avail against a false accusation. From the adversary we may de-

^ Reperientur . . . sumentur. These words are plural in Orellius's text, but Ellendt and others seem rightly to determine that they should be singular. ^ q yj^

^ Infrequentihus causis. Infreqxiens causa is a cause at the pleading of which few auditors are likely to attend. Ernesti,

H 2

178 DE ORATORE; or, [b. II.

duce almost the contrary particulars from the same points. From the subject, if the matter under consideration be cruel, or heinous, or beyond expectation, or undeserved, or pitiable, or savoring of ingratitude or indignity, or unprecedented, or not admitting restitution or satisfaction. From those before whom v^e plead we may draw such considerations as to pro- cure 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 exordia, however, are wholly based upon it ; for the Greeks recom- mend us to make the judge, at the very commencement, at- tentive and desirous of information ; and such hints are use- ful, 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 by 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 concil- iate or to arouse the judge, from those points in the cause which are adapted to create emotion in the mind ; yet the whole of these ought not to be brought forward in the exordi- um; the judge should only receive a shght impulse at the outset, so that the rest of our speech may come with full force upon him when he is already impressed in our favor.

LXXX. '^Let t he exordium, also, be so connected with the sec[uel of the speech, that it may not appear, like a musician'^s" prelude, to be something attached merely from imagination, but a coherent member of the whole body; for some speakers, when they have delivered their premeditated exordium, make such a transition to what is to follow, that they seem posi- tively unwilling to have an audience. But a prolusion of that kind ought not to be like that of gladiators, ^ who brandish spears before the fight, of which they make no use in the en-

^ Fadliora etlam in principiis. Ellendt jusdy observes that eiiaiii must be corrupt, and that aute77i should probably be substituted for it.

^ Saninitium, A kind of gladiators so called, that fought with Sam- nite arms. They had their origin among the Campanians. Liv., ix., 40.

C. LXXX.] ON THE CHARACTER OF THE ORATOR. 179

counter ; but should be such, that speakers may even use as weapons the thoughts which they advanced in the prelude.

" But as to the directions which they give to consult brev- ity in the narration, if that is to be called brevity where there is no word redundant, the language of Lucius Crassus is dis- tinguished by brevity ; but if that kind of brevity is intended when only just so many words are used as are absolutely nec- essary, such conciseness is indeed sometimes proper ; but it is often prejudicial, especially in narration ; not only as it pro- duces obscurity, but also because it destroys that which is the chief excellence of narration, that it be pleasing and adapted to persuade. For instance, the narrative,

'^For he, as soon as lie became of age," etc.,^

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 and agreeable ness. But if he had been studious of such brevity as this,

" She's carried forth ; we go ; we reach the place Of sepulture ; she's laid upou the pile,"

he might have comprised the whole in ten lines : although ' She's carried forth, we go,' is only so far concise, as to con- sult, not absolute brevity, but elegance ; for if there had been nothing expressed but 'she's laid upon the pile,' the whole matter would have been easily comprehended. But a narra- tion referring to various characters, and intersected by dia- logue, affords much gratification ; and that becomes more probable which you report to have been done, when you de- scribe the manner in which it was done ; and it is much more clearly understood if you sometimes pause for that purpose, and do not hurry over it with affected brevity. For the nar- rative 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 in stating a case, than either in an exordium, in argumentation, in refuting of an accusation, or in a peroration : and obscuri- ty in this part of a speech is attended with greater danger than in other parts ; both because, if any thing be obscurely expressed in any other part, only that is lost which is so ex- ^ Terence, Andr., Act I., Sc. 1.

180 I>E ORATORE ; OR, [b. II.

pressed ; but obscurity in the narrative part spreads darkness over the w^hole speech ; and because, as to other parts, if you have expressed any thing obscurely in one place, you may ex- plain it more clearly in another ; while for the narrative part of a speech there is but one place. But your narrative will be clear if it be given in ordinary language, with adherence to the order of time and without interruption.

LXXXI. But when we ought to introduce a statement of facts, and when we ought not, requires judicious consider- ation. For we 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 confute his statement ; and whenever we do make a statement of facts, let us not insist too eagerly upon points which may create suspicion and ill-feeling, and make against us, but let us extenuate 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 our own cause ; for it concerns the fortune of the whole cause, whether the case is stated with caution or other- wise, because the statement of the case is the foundation of all the rest of the speech.

" What follows is, that the matter in question be laid down, when we must settle what is the point that comes under dis- pute ; then the chief grounds of the cause are to be laid down conjunctively, so as to weaken your adversary's supports, and to strengthen your own ; for there is in causes but one method for that part of your speech, which is of efficacy to prove your arguments ; and that needs both confirmation and refutation ; but because what is alleged on the other side can not be re- futed unless you confirm your own statements, and your own statements can not be confirmed unless you refute the allega- tions on the opposite side, these matters are in 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 exciting or mollifying the judge ; and every particular, not only in the former parts of the speech, but more especially toward the conclusion, is to be adapted to excite as much as possible the feelings of the judges, and to incline them in our favor.

C. LXXXII.] ON THE CHARACTER OF THE ORATOR. 181

" Nor does there now appear to be any reason, indeed, why we should make a distinct head of those precepts which are given concerning suasory or panegyrical speeches ; for most of them are common to all kinds of oratory ; yet, to speak in favor 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 integrity and eloquence, to be able to provide for others by his prudence, to confirm by his author- ity, and to persuade by his language.

LXXXII. " Speeches are to be made in the senate with less display ; for it is an assembly of wise men ;^ and oppor- tunity 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 coloring of eloquence. For persuading, then, no- thing is more desirable than worth ; for he who thinks that expediency is more desirable, docs not consider what the counselor chiefly wishes, but what he 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 be re- garded ; but expediency commonly prevails, there being a concealed fear, that even worth can not be supported if expe- diency be disregarded. But the difference between the opin- ions of men lies either in this question, ' which of two things is of the greater utility?' or, if that point is agreed, it is dis- puted ' whether honor or expediency ought rather to be con- sulted.' As these seem often to oppose each other, he who is an 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 we estimate by their utility ; and he will specify the disadvant- ages of a contrary state of things. He who exhorts his au- dience to regard honor, will collect examples from our ances- tors, which may be imitated with glory, though attended with danger ; he will expatiate on immortal fame among posterity ; he will maintain that advantage arises from the observance of honor, and that it is always united with worth. But what is possible or impossible, and what is necessary or unneces-

^ Sapiens enim est consilium. These words I regard as a schoHum that has crept into the text. ErnestL

(I

182 DE ORATORE; ORj [b. II.

sary, are questions of the greatest moment in regard to both ; for all 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, sees farthest of all. But for giving counsel in civil affairs the chief qualification is a knowledge of the constitution ; and, to speak on such matters so as to be approved, an acquaintance with the manners of the people is required ; and, as these frequent- ly 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 re- public 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 be devoted to the excitement of the feelings, either by exhortation, or the commemoration of some illustrious 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 enlarged scene of action,^ he is naturally excited in it to a more magnificent species of eloquence ; for a multitude has such influence, that, as the flute-player can not play without his flutes, so the orator can not be eloquent without a numerous audience. And, as the inclinations of popular assemblies take many and various turns, an unfavorable expression of feeling from the w^hole people must not be incurred ; an expression which may be excited by some fault in the speech, if any thing appears to have been spoken with harshness, with arrogance, in a base or mean manner, or with any improper feeling whatever ; or it may proceed from some offense taken, or ill-will conceived, at some particular individuals, which is either just, or arising from some calumny or bad report ; or it may happen if the subject be displeasing ; or if the multitude be swayed by any impulse from their own hopes or fears. To these four causes as many remedies may be applied : the severity of rebuke, if

^ Quia maxima quasi oratori scena videtur concionis. ** Because the greatest stage, as it were, for an orator, appears [to be that] of a public assembly.'*

C. LXXXIV.] ON THE CHARACTER OF THE ORATOR. 183

you have sufficient authority for it ; admonition, which is a milder kind of rebuke ; an assurance, that if they will give you a hearing, they will approve what you say ; and entreaty, which is the most condescending method, but sometimes very advantageous. But on no occasion is facetiousness and ready wit^ of more effect, and any smart saying that is consistent with dignity and true jocularity ; for nothing is so easily di- verted from gloom, and often from rancor, as a multitude, even by a single expression uttered opportunely, quickly, smartly, and with good humor.

LXXXIV. " I have now stated to you generally, to the best of my abilities, what it is in my practice, in both kinds of causes, to pursue, what to avoid, what to keep in view, and to what method I ordinarily adhere in my pleadings. Nor is that third kind, panegyric, which I in the commence- ment excluded, as it were, from my rules, attended with any difficulty ; but it was because there are many departments of oratory both of greater importance and powder, concerning which hardly any author has given particular rules, and be- cause we of this country are not accustomed to deal much in panegyric, that I set this topic entirely apart. For the Greek authors themsrslves, who are the most worthy of being read, wrote their panegyrics either for amusement, or to com- pliment some particular person, rather than with any desire to promote forensic eloquence ; and books of their composi- tion are extant, in which Themistocles, Aristides, Agesilaus, Epaminondas, Philip, Alexander, and others, are the subjects of praise. Our laudatory speeches, which we deliver in the forum, have either the simple and unadorned brevity of testi- mony, or are written as funeral orations, which are by no means suitable for the pomp of panegyric. But as we must sometimes attempt that department, and must occasionally write panegyrics, Caius Lselius wrote one for Publius Tubero, when he wished to praise his uncle Africanus, and in order that we ourselves may be enabled to praise, after the manner of the Greeks, such persons as we may be inclined to praise, let that subject also form part of our discourse. It is clear, then, that some qualities in mankind are desirable, and some praiseworthy. Birth, beauty, strength, power, riches, and

^ Celeritas, The same word is used in c. 54 : hoc quod in cekritate atque dido est. Schutz conjectured hilaritas.

184 DE oratore; or, [b. n.

other things which fortune bestows, either amid external cir- cumstances, or as personal endowments, carry with them no real praise, which is thought to be due to virtue alone ; but, as virtue itself becomes chiefly conspicuous in the use and management of such things, these endowments of nature and of fortune are also to be considered in panegyrics ; in which it is mentioned as the highest praise for a person not to have been haughty in power, or insolent in wealth, or to have as- sumed a pre-eminence over others from the abundance of the blessings of fortune; so that his riches and plenty seem to have afforded means and opportunities, not for the indulgence of pride and vicious appetites, but for the cultivation of good- ness and moderation. Virtue, too, which is of itself praise- worthy, and without which nothing can be deserving of praise, is distinguished, however, into several species, some of which are more adapted to panegyric than others; for there are some virtues which are conspicuous in the manners of men, and consist in some degree in affability and benefi- cence ; and there are others which depend on some peculiar natural genius, or superior greatness and strength of mind. Clemency, justice, benignity, fidelity, fortitude in common dangers, are subjects agreeable to the audience in panegyric (for all such virtues are thought beneficial, not so much to the persons Avha possess them, as to mankind in general) ; while wisdom, and that greatness of soul by which all human affairs are regarded as mean and inconsiderable, eminent power of thought, and eloquence itself, excite indeed no less admiration, but not equal delight; for they appear to be an ornament and support rather to the persons themselves whom we commend, than to those before whom we commend them ; yet, in panegyric, these two kinds of virtues must be united ; for the ears of men tolerate the praises not only of those parts of virtue which are delightful and agreeable, but of those which excite admiration.

LXXXV. " Since, also, there are certain offices and duties belonging to every kind of virtue, and since to each virtue its peculiar praise is due, it will be necessary to specify, in a panegyric on justice, what he who is praised performed with fidelity, or equanimity, or in accordance with any other moral duty. In other points, too, the praise of actions must be adapted to the nature, power, and name of the virtue under

1

C. LXXXV.] ON THE CHARACTER OF THE ORATOR. 185

which they fall. The praise of those acts is heard with the greatest pleasure, which appear to have been undertaken by men of spirit, without advantage or reward ; but those which have been also attended with toil and danger to themselves afford the largest scope for panegyric, because they may be set forth with the greatest ornaments of eloquence, and the account of them may be heard with the utmost satisfaction ; for that appears the highest virtue in a man of eminence, which is beneficial to others, but attended with danger or toil, or at least without advantage, to himself It is com- monly regarded, too, as a great and admirable merit, to have borne adversity with wisdom, not to have been vanquished by fortune, and to have maintained dignity in the worst of cir- cumstances. It is also an honor to a man that distinctions have been bestowed upon him, rewards decreed to his merit, and that his achievements have been approved by the judg- ment of mankind ; and, on such subjects, to attribute success itself to the judgment of the immortal gods, is a part of pane- gyric. But such actions should be selected for praise as are either of extraordinary greatness, or unprecedented novelty, or singular in their kind ; for such as are trivial, or common, or ordinary, generally appear to deserve no admiration or even commendation. A comparison also with other great men has a noble effect in panegyric.

" On this species of eloquence I have felt inclined to say something more than I had proposed, not so much for the im- provement of pleading in the forum, which has been kept in view by me through this whole discourse, as that you might see that, if panegyric be a part of the orator's business — and nobody denies that it is — a knowledge of all the virtues, with- out which panegyric can not be composed, is necessary to the orator. As to the rules for censuring, it is clear that they are to be deduced from the vices contrary to these virtues ; and it is also obvious, that neither can a good man be praised with propriety and copiousness of nfatter, without a knowledge of the several virtues, nor a bad man be stigmatized and brand- ed with sufficient distinction and asperity, without a knowl-

edge of the opposite vices. On these topics of panegyric and

1 satire we must often touch in all kinds of causes. " You have now l\eard what I think about the invention

I and arrangement of matter. I shall add some observations

186 DE okatore; or, [b.ii.

on memory, with a view to lighten the labor of Crassus, and to leave nothing for him to discuss but the art of embellishing those departments of eloquence which I have specified."

LXXXVL " Proceed," said Crassus ; " for I feel pleasure in seeing you appear as a professed artist, stripped of the dis- guises of dissimulation, and fairly exposed to view ; and, in leaving nothing for me to do or but little, you consult my con- venience, and confer a favor upon me." " How much I leave you to do," said Antonius, " will be in your own power ; for if you are inclined to act fairly, I leave you every thing to do; but if you wish to shrink from any portion of your undertak- ing, you must consider how you can give this company satis- faction. But to return to the point ; I am not," he continued, " possessed of such intellectual power as Themis tocles had, that I had rather know the art of forgetfulness than that of memory ; and I am grateful to the famous Simonides of Ceos, who, as people say, first invented an art of memory. For they relate, that when Simonides was at Crannon in Thessaly, at an entertainment given by Scopas, a man of rank and for- tune, and had recited a poem which he had composed in his praise, in which, for the sake of embellishment, after the man- ner of the poets, there were many particulars introduced con- cerning Castor and Pollux, Scopas told Simonides, with ex- traordinary meanness, that he would pay him half the sum which he had agreed to give for the poem, and that he might ask the remainder, if he thought proper, from his Tyndaridae, to whom he had given an equal share of praise. A short time after, they say that a message was brought in to Simonides, to desire him to go out, as two youths were waiting at the gate who earnestly wished him to come forth to them ; when he arose, went forth, and found nobody. In the mean time the apartment in which Scopas was feasting fell down, and he himself, and his company, were overwhelmed and buried in the ruins ; and when their friends were desirous to inter their remains, but could not possibly distinguish one from another, so much crushed were the bodies, Simonides is said, from his recollection of the place in which each had sat, to have given satisfactory directions for their interment. Admonished by this occurrence, he is reported to have discovered that it is chiefly order that gives distinctness to memory ; and that by those, therefore, who would improve this part of the under-

C. LXXXVII.] ON THE CHARACTER OF THE ORATOR. 187

standing, certain places must be fixed upon, and that of the things which they desire to keep in memory, symbols must be conceived in the mind, and ranged, as it were, in those places ; thus the order of places would preserve the order of things, and the symbols of the things would denote the things them- selves ; so that we should use the places as waxen tablets, and the symbols as letters.

LXXXVII. " How great the benefit of memory is to the,^

orator, how great the advantage, how great the power, what need is there for me to observe % Why should I remark how excellent a thing it is to retain the instructions which you have received with the cause, and the opinion which you have form- ed upon it ? to keep all your thoughts upon it fixed in your

^ mind, all your arrangement of language marked out there % to listen to him from whom you receive any information, or to him to whom you have to reply, with such power of reten- tion, that they seem not to have poured their discourse into your ears, but to have engraven it on your mental tablet? They alone, accordingly, who have a vigorous memory, know what, and how much, and in what manner they are about to speak ; to what they have replied, and what remains unan- swered ; and they also remember many courses that they have formerly adopted in other cases, and many which they have heard from others. I must, however, acknowledge that nature is the chief author of this qualification, as of all those of which I have previously spoken (but this whole art of oratory, or image and resemblance of an art, has the power, not of en- gendering and producing any thing entirely of itself, of which no part previously existed in our understandings, but of being able to give education and strength to what has been gener- ated, and has had its birth there) ; yet there is scarcely any one of so strong a memory as to retain the order of his lan- guage and thoughts without a previous arrangement and ob- servation of heads ; nor is any one of so weak a memory as not to receive assistance from this practice and exercise. For Simonides, or whoever else invented the art, wisely saw, that those things are the most strongly fixed in our minds, which are communicated to them, and imprinted upon them, by the senses ; that of all the senses that of seeing is the most acute ;

1 and that, accordingly, those things are most easily retained in our minds which we have received from the hearing or the

188 DE ORATORE ; OR, [b. II.

understanding, if they are also recommended to the imagina- tion by means of the mental eye ; so that a kind of form, re- semblance, and representation might denote invisible objects, and such as are in their nature withdrawn from the cognizance of the sight, in such a manner, that what we are scarcely ca- pable of comprehending by thought we may retain as it were by the aid of the visual faculty. By these imaginary forms and objects, as by all those that come under our corporeal vision, our memory is admonished and excited ; but some place for them must be imagined ; as bodily shape can not be con- ceived without a place for it. That I may not, then, be prolix and impertinent upon so well-known and common a subject, we must fancy many plain, distinct places at moderate dis- tances, and such symbols as are impressive, striking, and well- marked, so that they may present themselves to the mind, and act upon it with the greatest quickness. This faculty of artificial memory practice will afford (from Avhich proceeds hab- it), as well as the derivation of similar words converted and altered in cases, or transferred from particulars to generals, and the idea of an entire sentence from the symbol of a single word, after the manner and method of any skillful painter, who distinguishes spaces by the variety of what he depicts.

LXXXVIII. "But the memory of words, which, however, is less necessary for us,^ is to be distinguished by a greater variety of symbols; for there are many words which, like joints, connect the members of our speech, that can not possi- bly be represented by any thing similar to them ; and for these we must invent symbols that we may invariably use. The memory of things is the proper business of the orator ; this we may be enabled to impress on ourselves by the creation of imaginary figures, aptly arranged, to represent particular heads, so that we may recollect thoughts by images, and their order by place. Nor is that true which is said by people unskilled in this artifice, that the memory is oppressed by the weight of these representations, and that even obscured which unas- sisted nature might have clearly kept in view ; for I have seen men of consummate abilities, and an almost divine faculty of memory^ as Charmadas at Athens, and Scepsius Metrodorus in Asia, who is said to be still living, each of whom used to

^ Because words are at the command of the practiced orator, and, when matter is supplied, easily occur. JEmesti,

C. LXXXIX.] ON THE CHARACTER OF THE ORATOR. 189

say that, as he wrote with letters on wax, so he wrote with symbols as it were, whatever he wished to remember, on these places which he had conceived in imagination. Though, therefore, a memory can not be entirely formed by this prac- tice, if there is none given by nature ; yet certainly, if there is latent natural faculty, it may be called forth.

" You have now had a very long dissertation from a person whom I v/ish you may not esteem impudent, but who is cer- tainly not over-modest, in having spoken, so copiously as I have done, upon the art of eloquence, in your hearing, Catu- lus, and that of Lucius Crassus ; for of the rest of the compa- ny the age might perhaps reasonably make less impression upon me ; but you will certainly excuse me, if you but listen to the motive which impelled me to loquacity so unusual with me."

LXXXIX. "We indeed," said Catulus (for I make this answer for my brother and myself), not only excuse you, but feel love and great gratitude to you for what you have done ; and, as we acknowledge your politeness and good-nature, so we admire your learning and copious store of matter. Indeed, I think that I have reaped this benefit, that I am freed from a great mistake, and relieved from that astonishment which I used always to feel, in common with many others, as to the ►source from which that divine power of yours in pleading was derived ; for I never imagined that you had even slightly touched upon those matters, of which I now perceive that you possess an exact knowledge, gathered from all quarters, and which, taught by experience, you have partly corrected and partly approved. Nor have I now a less high opinion of your eloquence, while I have a far higher one of your general merit and diligence ; and I am pleased, at the same time, that my own judgment is confirmed, inasmuch as I always laid it down as a maxim, that no man can attain a character for wisdom and eloquence without the greatest study, industry, and learning. But what was it that you meant, when you said that we should excuse you if we knew the motive which had impelled you to this discourse? What other motive

ill could there be but your inclination to oblige us, and to satisfy fi the desire of these young gentlemen, who have listened to ^j you with the utmost attention f fj . "I was desirous," replied Antonius, to take away from

190 DE ORATORE; or, [b. II.

Crassus every pretense for refusal, who would, I was sure, engage in such a kind of dissertation either a little too mod- estly, or too reluctantly, for I w^ould not apply the word dis- dainfully to a man of his aifability. But what excuse will he now be able to make ? That he is a person of consular and censorial dignity ? I might have made the same excuse. Will he plead his age? He is four years younger than I. Can he say that he is ignorant of these matters, of which I indeed have snatched some knowledge late in life, cursorily, and, as people say, at spare times, while he has applied to them from his youth with the most diligent study, under the most able masters? I will say nothing of his genius, in which no man was ever his equal ; for no one that hears me speak has so contemptible an opinion of himself as not to hope to speak better, or at least as well ; but while Crassus is speaking, no one is so conceited as to have the presump- tion to think that he shall ever speak like him. Lest per- sons, therefore, of so much dignity as the present company, should have come to you in vain, let us at length, Crassus, hear you speak."

XC. " If I should grant you, Antonius," replied Crassus, " that these things are so, which, however, are far otherwise, what have you left for me this day, or for any man, that he can possibly say ? For I will speak, my dearest friends, what I really think : I have often heard men of learning (why do I say often ? I should rather say sometimes ; for how could I have that opportunity often, when I entered the forum quite a youth, and was never absent from it longer than during my quaestorship ?), but I have heard, as I said yesterday, both while I was at Athens, men of the greatest learning, and in Asia that famous rhetorician Scepsius Metrodorus, discours- ing upon these very subjects ; but no one of them ever ap- peared to me to have engaged in such a dissertation with greater extent of knowledge, or greater penetration, than our friend has shown to-day; but if it be otherwise, and if I thought any thing had been omitted by Antonius, I should not be so unpolite, nay so almost churlish, as to think that a trouble which I perceived to be your desire." ^'Have you then forgotten, Crassus," said Sulpicius, " that Antonius made such a division with you, that he should explain the equip- ment and implements of the orator, and leave it to you to

C. XC] ON THE CHARACTER OF THE ORATOR. 191

speak of decoration and embellishment f "In the first place/' rejoined Crassus, " who gave Antonius leave either to make such a partition, or to choose first that part which he Hked best? In the next, if I rightly comprehended what I heard with the utmost pleasure, he seemed to me to treat of both these matters in conjunction." "But," observed Cotta, '^he said nothing of the embellishments of language, or on that excellence from which eloquence derives its very- name." "Antonius then," said Crassus, "left me nothing but words, and took the substance for himself" "Well," remarked Caesar, " if he has left you the more difficult part, we have reason to desire to hear you ; if that which is the easier, you have no reason to refuse." " And in regard to what you said, Crassus," interposed Catulus, "that if we would stay and pass the day with you here, you would com- ply with our wishes, do you not think it binding on your honor f Cotta then smiled, and said, "I might, Crassus, excuse you; but take care that Catulus has not made it a matter of religious faith ; it is a point for the censor's cogni- zance; and you see how disgraceful it would be for a person of censorial dignity^ to render himself obnoxious to such censure." " Do as you please, then," replied Crassus; "but for the present, as it is time, I think we must rise, and take some repose ; in the afternoon, if it is then agreeable to you, I will say something on these points, unless perchance you may wish to put me off* till to-morrow." They all replied that they were ready to hear him either at once, or in the afternoon if he preferred ; as soon, however, as possible.

BOOK III.

THE ARGUMENT.

Cicero, in the introduction to this book, laments the sad deaths of Crassus and Antonius. He then proceeds to relate Crassus's farther remarks on eloquence, and especially on style and delivery, in which he was thought to excel all other speakers. See Cic, de Clar. Orat., c. 38. He shows that an orator should speak correctly, perspicuous- ly, elegantly, and to the purpose. Style is to be ornamented by a

^ A man who has been censor, as you have been. Proust,

192 DE oratore; or, [b. m.

tasteful choice of words, and by tropes and figures ; and it must have a certain rhythm or harmony. Some observations are added on action and delivery in general. In c. 14 a digression is made on the praises of eloquence, and the combination of a knowledge of philoso- phy, especially the Academic and Peripatetic, with the study of it.

I. When I proceeded to execute my design, brother Quin- tus, of relating and committing to writing in this third book, the remarks which Crassus made after the dissertation of Antonius, bitter remembrance renewed in my mind its former concern and regret; for the genius worthy of immortality, the learning, the virtue that were in Lucius Crassus, were all extinguished by sudden death, within ten days from the day which is comprised in this and the former book. When he returned to Rome on the last day of the theatrical entertain- ments,^ he was put into a violent emotion by that oration which was reported to have been delivered in an assembly of the people by Philippus, who, it was agreed, had declared, " that he must look for another council, as he could not carry on the government with such a senate ;" and on the morning of the thirteenth of September, both Crassus and a full senate came into the house on the call of Drusus. There, when Drusus had made many complaints against Philippus, he brought formally before the senate the fact that the consul had thrown such grievous obloquy on that order, in his speech to the people. Here, as I have often heard it unani- mously said by men of the greatest judgment, although in- deed it continually happened to Crassus, whenever he had delivered a speech more exquisite than ordinary, that he was always thought never to have spoken better, yet by universal consent it was then determined that all other orators had al- ways been excelled by Crassus, but that on that day he had been excelled by himself; for he deplored the misfortune and unsupported condition of the senate ; an order whose heredi- tary dignity was then being torn from it by a consul, as by some lawless ruffian, a consul whose duty it was to act the part of a good parent or trusty guardian toward it ; but said that it was not surprising if, after he had ruined the common- wealth by his own counsels, he should divorce the counsels of the senate from the commonwealth. When he had applied these expressions, which were like fire-brands, to Philippus, ^ Which accompanied the pubhc games. Compare i., 7.

C. II.] ON THE CHARACTER OF THE ORATOR. 193

who was a man of violence as well as of eloquence, and of the utmost vigor to resist opposition, he could not restrain him- self, but burst forth into a furious flame, and resolved to bind Crass us to good behavior, by forfeiting his securities.^ On that occasion, many things are reported to have been uttered by Crassus with a sort of divine sublimity, refusing to ac- knowledge as a consul him who would not allow him to pos- sess the senatorial dignity: Do you^ said he, who^ when you thought the general authority of the whole senatorial order in- trusted to you as a pledge, yet perfidiously annulled it in the view of the Roman people, imagine that I can he tei^rified by such petty forfeitures as those 1 It is not such pledges that are to he for- feited, if you ivould hind Lucius Crassus to silence ; for that pur- pose you must cut out this tongue ; and even if it he torn out, the freedom in my very hreath will confound your audacity,

II. It appeared that a multitude of other expressions w^ere then uttered by him with the most vehement efforts of mind, thought, and spirits ; and that that resolution of his, which the senate adopted in a full house, was proposed by him with the utmost magnificence and dignity of language. That the counsel and fidelity of the senate had never heen wanting to the commonwealth, in order to do justice to the Roman people ; and he was present (as appears from the names entered in the register) at the recording of the resolution. This, however, was the last swan-like note and speech of that divine orator ; and, as if expecting to hear it again, we used, after his death, to go into the senate-house, that we might contemplate the spot on which he had last stood to speak ; for we heard that he was seized at the time with a pain in his side while he was speaking, and that a copious perspiration followed ; after which he was struck with a chillness, and, returning home in a fe- ver, died the seventh day after of pleurisy. O how fallacious are the hopes of mortals, how frail is our condition, and how insignificant all our ambitious efforts, which are often broken and thrown down in the middle of their course, and over- whelmed as it were in their voyage, even before they gain a

^ Pignorihus ahlatls. The senators and others were obliged to attend the senate when they were summoned, and to be submissive to the supe- rior magistrates, or they might be punished by fine and distraint of their property. See Livy, iii. , 38 ; xHii., 16; Plin., Ep., iv., 29 ; Cic, Phil., i., 5; Suet., Jul., c. 17; Adam's Roman Antiquities, p. 2.

I

194 DE ORATORE; OR5 [b. III.

sio-ht of the harbor ! For as lono; as the life of Crassus was perplexed with the toils of ambition, so long was he more dis- tinguished for the performance of private duties, and the praises due to his genius, than for any benefit that he reaped from his greatness, or for the dignified rank which he bore in the republic; but the first year which, after a discharge of all the honorable ofiices of the state, opened to him the en- trance to supreme authority by universal consent, overthrew all his hopes, and all his future schemes of life, by death. This was a melancholy occurrence to his friends, a grievous calamity to his country, and a heavy aflfliction to all the virtu- ous part of mankind; but such misfortunes afterward fell upon the commonwealth, that life does not appear to me to have been taken away from Lucius Crassus by the immortal gods as a privation, but death to have been bestowed on him as a blessing. He did not live to behold Italy blazing with war, or the senate overwhelmed with popular odium, or the leading men of the state accused of the most heinous crimes, or the afiliction of his daughter, or the banishment of his son- in-law,^ or the most calamitous flight of Caius Marius, or that most atrocious of all slaughters after his return, or, finally, that republic in every way disgraced, in which, while it con- tinued most flourishing, he had by far the pre-eminence over all other men in glory.

III. But led away as I am by my reflections to touch upon the power and vicissitudes of fortune, my observations shall not expatiate too widely, but shall be confined almost to the very personages who are contained in this dialogue, which I have begun to detail. For who would not call the death of Lucius Crassus, which has been so often lamented by multi- tudes, a happy one, when he calls to mind the fate of those very persons who were almost the last that held discourse with him ? For we ourselves remember, that Quintus Catu- lus, a man distinguished for almost every species of merit, when he entreated, not the security of his fortunes, but re- treat into exile, was reduced to deprive himself of life. It was then, too, that that illustrious head of Marcus Antonius, by whom the lives of so many citizens had been preserved,

^ His daughter Licinia was married to PubHus Scipio, the grandson of Serapion, who was instrumental in the death of Tiberius Gracchus. Cic, Brut., 58. EUendL

CIV.] ON THE CHARACTER OP THE ORATOR. 195

was fixed upon the very rostra on which he had so strenuous- ly defended the republic when consul, and which he had adorned with imperial trophies \^^hen censor. Not far from his was exposed the head of Caius Julius (who was betrayed by his Tuscan host), with that of Lucius Julius his brother ; so that he who did not behold such atrocities may justly be thought to have prolonged his life during the existence of the constitution, and to have expired together with it. He nei- ther beheld his near relation, Publius Crassus, a man of the greatest magnanimity, slain by his own hand, nor saw the image of Vesta sprinkled with the blood of the pontifex, his colleague; and (such were his feelings toward his country) even the cruel death of Caius Carbo, his greatest enemy, that occurred on the same day, would have caused additional grief to him. He did not behold the horrible and miserable fate of those young men who had devoted themselves to him ; of whom Caius Cotta, whom he had left in a promising condi- tion, was expelled, through popular prejudice, from his office of tribune, a few days after the death of Crassus, and, not many months afterward, driven from the city. And Sulpi- cius, who had been involved in the same popular fury, at- tempted in his tribuneship to spoil of all their honors those with whom, as a private individual, he had lived in the great- est familiarity ; but when he was shooting forth into the highest glory of eloquence, his life was taken from him by the sword, and punishment was inflicted on his rashness, not without great damage to the republic. I am indeed of opin- ion that you, Crassus, received as well your birth as your death from the peculiar appointment of divine providence, both on account of the distinction of your life and the season of your death ; for, in accordance with your virtue and firm- ness of mind, you must either have submitted to the cruelty of civil slaughter ; or, if any fortune had rescued you from so barbarous a death, the same fortune would have compelled you to be a spectator of the ruins of your country ; and not only the dominion of ill-^designing men, but even the victory of the honorable party, would, on account of the civil massa- cres intermingled with it, have been an affliction to you.

IV. Indeed, when I reflect, brother Quintus, upon the calamities of these great men (whose fates I have just men- tioned), and those which we ourselves have felt and experi-

196 DE ORATORE; or, [b. III.

enced from our extraordinary and eminent love for our coun- try, your opinions appear to me to be founded on justice and wisdom, as you have always, on account of such numerous, such violent, and such sudden afflictions as have happened to the most illustrious and virtuous men, dissuaded me from all civil contention and strife. But, because wq can not put affairs into the same state as if nothing had occurred, and be- cause our extreme toils are compensated and mitigated by great glory, let us apply ourselves to those consolations, which are not only pleasant to us when troubles have subsided, but may also be salutary while they continue ; let us deliver as a memorial to posterity the remaining and almost the last dis- course of Lucius Crassus ; and let us express the gratitude to him which he so justly merited, although in terms by no means equal to his genius, yet to the best of our endeavors ; for there is not any of us, when he reads the admirably writ- ten dialogues of Plato, in almost all of which the character of Socrates is represented, who does not, though what is written of him is written in a divine spirit, conceive something still greater of him about whom it is written : and it is also my request, not indeed to you, my brother, who attribute to me perfection in all things, but to others who shall take this treatise into their hands, that they would entertain a nobler conception of Lucius Crassus than any that is expressed by me. For I, who was not present at this dialogue, and to whom Caius Cotta communicated only the topics and heads of the dissertation, have endeavored to shadow forth in the conversation of the speakers those peculiar styles of oratory, in which I knew that each of them was conspicuous. But if any person shall be induced by the common opinion, to think either that Antonius was more jejune, or Crassus more ex- uberant in style, than they have been respectively described by me, he will be among the number of those who either never heard these great men, or who have not abilities to judge ; for each of them was (as I have explained before) superior to all other speakers, in application, and genius, and learning, as well as excellent in his particular style, so that embellish- ment in language was not wanting in Antonius, nor redundant in Crassus.

V. As soon, therefore, as they had withdrawn before noon, and reposed themselves a little, Cotta said that he particular-

C. v.] ON THE CHARACTER OF THE ORATOR. 197

ly observed that Crassus employed all the time about the middle of the day in the most earnest and profound medita- tion ; and that he himself, who was well acquainted with the countenance which he assumed whenever he was going to speak in public, and the nature of his looks when he was fixed in contemplation, and had often remarked them in causes of the greatest importance, came on purpose, while the rest were asleep, into the room in which Crassus had lain down on a couch prepared for him, and that, as soon as he perceived him to be settled in a thoughtful posture, he imme- diately retired; and that almost two hours passed in that perfect stillness. Afterward, when they all, as the day was now verging to the afternoon, waited upon Crassus, Caesar said, " Well, Crassus, shall we go and take our seats ? though we only come to put you in mind of your promise, and not to demand the performance of it." Crassus then replied, " Do you imagine that I have the assurance to think that I can continue longer indebted to such friends as you, especially in an obligation of this nature ?" " What place then will suit youf said C^sar; "a seat in the middle of the wood, for that is the most shady and cool f " Very well," replied Cras- sus, "for there is in that spot a seat not at all unsuited for this discourse of ours." This arrangement being agreeable to the rest of the company, they went into the wood, and sat down there with the most earnest desire to listen.

Crassus then said, " Not only the influence of your author- ity and friendship, but also the ready compliance of Antonius, have taken from me all liberty of refusal, though I had an excellent pretext for refusing. In the partition, however, of this dissertation between us, Antonius, when he assumed to himself the part of speaking upon those matters which form the subject of the orator's speech, and left to me to explain how they should be embellished, divided things which are in their nature incapable of separation ; for as every speech con- sists of the matter and the language, the language can have no place if you take away the matter, nor the matter receive any illustration if you take away the language. Indeed, the great men of antiquity, embracing something of superior mag- nificence in their ideas, appear to me to have seen farther into the nature of thin<2:s than the visual faculties of our minds can penetrate ; as they said that all these things, above and below,

198 DE oratore; or, [b. hi.

formed one system, and were linked together in strict union by one and the same power, and one principle of universal harmony in nature ; for there is no order of things which can either of itself, if forcibly separated from the rest, preserve a permanent existence, or without which the rest can maintain their power and eternal duration.

VI. " But, if this reasoning appear to be too comprehensive to be embraced by human sense and understanding, yet that saying of Plato is true, and certainly not unknown to you, Catulus, ' that all the learning of these liberal and polite de- partments of knowledge is linked together in one bond of union; for when the power of that reason, by which the causes and events of things are known, is once thoroughly discerned, a certain wonderful agreement and harmony, as it were, in all the sciences is discovered.' But, if this also ap- pear to be too sublime a thought for us to contemplate who are prostrate on the earth, it, however, certainly is our duty to know and remember that which we have embraced, which we profess, which we have taken upon ourselves. Since el- oquence, as I observed yesterday, and Antonius signified in some passages of his discourse this morning, is one and the , same, into whatever tracts or regions of debate it may be carried: for whether it discourses concerning the nature of the heavens or of the earth — whether of divine or human pow- er — whether it speaks from a lower, or an equal, or a supe- rior place — whether to impel an audience, or to instruct, or to deter, or to incite, or to dissuade, or to inflame, or to soothe — whether to a small or to a large assembly — whether to strangers, to friends, or alone — its language is derived through different channels, not from different sources ; and, wherever it directs its course, it is attended with the same equipment and decoration. But since we are overwhelmed by opinions, not only those of the vulgar, but those also of men imperfectly instructed, who treat of those things more easily when divided and torn asunder which they have not capacity to comprehend in a general view, and who sever the language from the thoughts like the body from the soul, nei- ther of which separations can be made without destruction, I will not undertake in this discourse more than that which is imposed upon me ; I will only signify briefly, that neither can embellishments of language be found without arrangement

C. VII.] ON THE CHARACTER OF THE ORATOR. 199

and expression of thoughts, nor can thoughts be made to shine without the light of language. But before I proceed to touch upon those particulars by which I think language is beautified and illumined, I will state briefly what I think con- cerning eloquence in general.

VII. " There is no one of the natural senses, in my opinion, which does not include under its general comprehension many things dissimilar one to another, but which are still thought deserving of similar approbation ; for we both perceive many things by the ear, which, although they all charm us with their sounds, are yet often so various in themselves, that that which we hear last appears to be the most delightful ; and al-' most innumerable pleasures are received by the eye, which all captivate us in such a manner as to delight the same sense in different ways ; and pleasures that bear no sort of resem- blance to each other charm the rest of the senses in such a manner that it is difficult to determine which affords the most exquisite enjoyment. But the same observation which is to be made in regard to nature may be applied also to the differ- ent kinds of art. Sculpture is a single art, in which Myro, Polycletus, and Lysippus excelled ; all of whom differed one from another, but so that you would not wish any one of them to be unlike himself. The art and science of painting is one, yet Zeuxis, Aglaophon, and Apelles are quite unlike one an- other in themselves, though to none of them does any thing seem wanting in his peculiar style. And if this be wonder- ful, and yet true, in these, as it were, mute arts, how much more wonderful is it in language and speech? which, though employed about the same thoughts and words, yet admits of the greatest variations ; and not so that some speakers are to be censured and others commended, but that those who are allowed to merit praise, merit it for different excellences. This is fully exemplified in poets, who have the nearest affin- ity to orators : how distinct from each other are Ennius, Pa- cuvius, and Accius ; how distinct, among the Greeks, ^schy- lus, Sophocles, and Euripides ; though almost equal praise may be attributed to them all in different kinds of writing. Then, behold and contemplate those whose art is the subject of our present inquiry ; what a wide distinction there is be- tween the accomplishments and natural abilities of orators ! Isocrates possessed sweetness^ Lysias delicacy, Hyperides

200 DE oratore; or, [b. m.

pointedness, JEschines sound, and Demosthenes energy ; and which of them was not excellent ? yet which of them resem- bled any one but himself? Africanus had weight, L^elius smoothness, Galba asperity, Carbo something of fluency and harmony ; but which of these was not an orator of the first rank in those times ? and yet every one attained that rank by a style of oratory peculiar to himself.

VIII. "But why should I search into antiquity for exam- ples, when I can point to present and living characters ? What was ever more pleasing to the ear than the language of our friend Catulus ? language of such purity, that he appears to be almost the only orator that speaks pure Latin ; and of such power, that with its peculiar dignity there is yet blend- ed the utmost politeness and wit. In a word, when I hear him, I always think that whatever you should add, or alter, or take away, his language would be impaired and deteriora- ted. Has not our friend Caesar here, too, introduced a new kind of oratory, and brought before us an almost peculiar style of eloquence ? Who has ever, besides him, treated tragical subjects in an almost comic manner, serious subjects with pleasantry, grave subjects with gayety, and subjects suited to the forum with a grace peculiar to the stage ? in such a way that neither is the jocular style excluded by the importance of the subject, nor is the weight of the matter lessened by the humor with which it is treated. Here are present with us two young men, almost of equal age, Sulpicius and Cotta; what things were ever so dissimilar as they are one to anoth- er? yet what is so excellent as they are in their respective styles? One is polished and refined, explaining things with the greatest propriety and aptitude of expression ; he always adheres to his cause, and, when he has discovered, with his keen discernment, what he ought to prove to the judge, he di- rects his whole attention and force of oratory to that point, without regarding other arguments; while Sulpicius has a certain irresistible energy of mind, a most full and powerful voice, a most vigorous action, and consummate dignity of mo- tion, united with such weight and copiousness of language, that he appears of all men the best qualified by nature for el- oquence.

IX. " I now return to ourselves (because there has ever been such a comparison made between us, that we are brought,

C. IX.] ON THE CHARACTER OF THE ORATOR. 201

as it were, into judgment on account of rivalsliip, in the com- mon conversation of mankind) : what two things can be more dissimilar than Antonius's manner of speaking and my own *? thoifgh he is such an orator that no one can possibly surpass him ; and I, though I am altogether dissatisfied with myself, am yet in preference to others admitted to a comparison with him. Do you notice what the manner of Antonius is ? It is bold, vehement, full of energy and action, fortified and guard- ed on every point of the cause, spirited, acute, explicit, dwell- ing upon every circumstance, retiring with honor, pursuing with eagerness, terrifying, supplicating, exhibiting the great- est variety of language, yet without satiety to the ear ; but aS to myself, whatever I am as a speaker (since I appear to you to hold some place among speakers), I certainly differ very greatly from his style. What my talents are it becomes not me to say, because every one is least known to himself, and it is extremely difiicult for any person to form a judgment of his own capacity ; but the dissimilitude may be easily perceived, both from the mediocrity of my action, and from the circum- stance that I usually conclude in the same track in which I first set out; and that labor and care in choosing words causes me greater anxiety than choice of matter, being afraid that if my language should be a little obsolete, it may appear unworthy of the expectation and silent attention of the audi- ence. But if in us who are present there are such remarka- ble dissimilitudes, such decided peculiarities in each of us, and in all this variety the better is distinguished from the worse by difference in ability rather than by difference in kind, and every thing is praiseworthy that is perfect in its nature, what do you imagine must be the case if we should take into con- sideration all the orators that any where exist, or ever exist- ed ? Would it not happen that almost as many kinds of elo- quence as of orators would be found? But from this observ- ation of mine, it may perhaps occur to you, that if there be almost innumerable varieties and characters of eloquence, dis- similar in species, yet laudable in their kind, things of so di- versified a nature can never be formed into an art by the same precepts and one single method of instruction. This is not the case ; and it is to be attentively considered by those who have the conduct and education of others, in what direction the natural genius of each seems principally to incline him.

12

202 DE ORATORE; OR, [b. ni.

For we see that from the same schools of artists and masters, eminent in their respective pursuits, there have gone forth pu- pils very unlike each other, yet all praiseworthy, because the instruction of the teacher has been adapted to each person's natural genius ; a fact of which the most remarkable example (to say nothing of other sciences) is that saying of Isocrates, an eminent teacher of eloquence, that he used to apply the spur to Ephorus, but to put the rein on Theopompus ; for the one, who overleaped all bounds in the boldness of his expres- sions, he restrained ; the other, who hesitated and was bash- ful, as it were, he stimulated: nor did he produce in them any resemblance to each other, but gave to the one such an addition, and retrenched from the other so much superfluity, as to form in both that excellence of which the natural genius of each was susceptible.

X. '^ I thought it necessary to premise these particulars, that if every remark of mine did not exactly adapt itself to the inclinations of you all, and to that peculiar style of speak- ing which each of you most admired, you might be sensible that I described that character of eloquence of which I myself most approved.

" Those matters, therefore, of which Antonius has treated so explicitly, are to be endowed with action and elocution by the orator in some certain manner. What manner of elocu- tion can be better (for I will consider action by-and-by) than that of speaking in pure Latin, with perspicuity, with grace- fulness, and with aptitude and congruity to the subject in question? Of the two which I mentioned first, purity and clearness of language, I do not suppose that any account is expected from me ; for we do not attempt to teach him to be an orator who can not speak ; nor can we hope that he who can not speak grammatical Latin will speak elegantly ; nor that he who can not speak what we can understand, will ever speak any thing for us to admire. Let us, therefore, omit these matters, which are easy of attainment, though necessary in practice ; for the one is taught in school-learning and the rudiments of children ; the other^ is cultivated for this reason, that what every person says may be understood — a qualifica- tion which we perceive indeed to be necessary, yet that none

^ Perspicuity.

CXI.] ON THE CHAKACTER OF THE OKATOR. 203

can be held in less estimation.^ But all elegance of lan- guage, though it receive a polish from the science of grammar, is yet augmented by the reading of orators and poets; for those ancients, who could not then adorn what they expressed, had almost all a kind of nobleness of diction ; and those who are accustomed to their style can not express themselves oth- erwise than in pure Latin, even though they desire to do so. Yet we must not make use of such of their words as our mod- ern mode of speaking does not admit, unless sometimes for the sake of ornament, and but sparingly, as I shall explain ; but he who is studious and much conversant with ancient writers, will make such use of common expressions as always to adopt the most eligible.

XI. " In order to speak pure Latin, we must take care not only to use words with which nobody can justly find fault, and preserve the construction by proper cases, and tenses, and genders, and numbers, so that there may be nothing con- fused, or incongi'uous, or preposterous ; but also that the tongue, and the breath, and the tone of the voice come under proper regulation. I would not have letters sounded with too much affectation, or uttered imperfectly through negli- gence ; I would not have the words dropped out without expression or spirit ; I would not have them puffed and, as it were, panted forth, with a difficulty of breathing ; for I do not as yet speak of those things relating to the voice which belong to oratorical delivery, but merely of that which seems to me to concern pronunciation. For there are certain faults which every one is desirous to avoid, as a too delicate and effeminate tone of voice, or one that is extravagantly harsh and grating. There is also a fault which some industriously strive to attain ; a rustic and rough pronunciation is agree- able to some, that their language, if it has that tone, may seem to partake more of antiquity ; as Lucius Cotta, an ac- quaintance of yours, Catulus, appears to me to take a delight in the broadness of his speech and the rough sound of his voice, and thinks that what he says will savor of the antique if it certainly savor of rusticity. But your harmony and sweetness delight me ; I do not refer to the harmony of your words, which is a principal point, but one which method in-

^ This seems to be speaking rather too lightly of the merit of perspi- cuity, which Qiiintilian pronounces the chief virtue of language.

204 DE ORATORE ; OR, [b. m.

troduces, learning teaches, practice in reading and speaking confirms ; but I mean the mere sweetness of pronunciation, which, as among the Greeks it was peculiar to the Athenians, so in the Latin tongue is chiefly remarkable in this city. At Athens, learning among the Athenians themselves has long been entirely neglected ; there remains in that city only the seat of the studies which the citizens do not cultivate, but which foreigners enjoy, being captivated in a manner with the very name and authority of the place ; yet any illiterate Athenian will easily surpass the most learned Asiatics,^ not in his language, but in sweetness of tone, not so much in speak- ing well as in speaking agreeably. Our citizens'^ pay less attention to letters than the people of Latium, yet among all the people that you know in the city, who have the least tincture of literature, there is not one who would not have a manifest advantage over Quintus Valerius of Sora,^ the most learned of all the Latins, in softness of voice, in conformation of the mouth, and in the general tone of pronunciation.

XIL As there is a certain tone of voice, therefore, pecul- iar to the Koman people and city, in which nothing can offend or displease, notlnng can be liable to animadversion, nothing sound or savor of what is foreign, let us cultivate that tone, and learn to avoid not only the asperity of rustic, but the strangeness of outlandish pronunciation. Indeed, when I listen to my wife's mother, Lcelia"^ (for women more easily preserve the ancient language unaltered, because, not having experience of the conversation of a multitude of people, they always retain what they originally learned), I hear her with such attention that I imagine myself listening to Plautus or Naevius ; she has a tone of voice so unaffected and simple, that it seems to carry in it nothing of ostentation or imitation; from whence I judge that her father and forefathers spoke in like manner ; not with a rough tone, as he whom I mentioned, nor with one broad, or rustic, or too open, but with one that- was close, and equable, and smooth. Our friend Cotta, there-

^ The Asiatic Greeks.

^ Those who are born at Kome apply themselves to the liberal sciences less than the rest of the people of Latium. Proust.

2 See Brut., c. 46.

• The daughter of Caius Lselius Sapiens, who was married to Quin-

tus Mucius Scsevola, the augur. See Brut., c. 58; Quint., i., 1, 6. £1- lendt.

C. Xni.] ON THE CHARACTER OF THE ORATOR. 205

fore, whose broad manner of speaking you, Sulpicius, some- times imitate, so as to drop the letter I and pronounce E as full as possible, does not seem to me to resemble the ancient orators, but the modern farmers." As Sulpicius laughed at this, I will act with you," said Crassus, " in such a manner, that, as you oblige me to speak, you shall hear something of your own faults." " I wish we may," replied Sulpicius, " for that is what we desire ; and if you do so, we shall to-day, I fancy, throw off many of our inelegances." "But," said Crassus, " I can not censure you, Sulpicius, without being in danger of censure myself; since Antonius has declared that he thinks you very similar to me."i "But," rejoined Sulpicius-, " as Antonius also recommended us to imitate those things which were most conspicuous in any one,^ I am afraid in con- sequence that I may have copied nothing from you but the stamping of your foot, and a few particular expressions, and perhaps something of your action." "With what you have caught from me, then," said Crassus, " I find no fault, lest I should ridicule myself (but there are many more and greater faults of mine than you mention) ; of faults, however, which are evidently your own, or taken by imitation from any third person, I shall admonish you whenever opportunity may re- mind me of them.

XIII. "Let us therefore pass over the rules for speaking the Latin tongue in its purity ; which the teaching given to children conveys, which refined knowledge and method in study, or the habit of daily and domestic conversation cher- ishes, and which books and the reading of the ancient orators and poets confirm. Nor let us dwell long upon that other point, so as to discuss by what means we may succeed in making what we say understood ; an object which we shall doubtless effect by speaking good Latin, adopting words in common use, and such as aptly express what we wish to com- municate or explain, without any ambiguous word or phrase, not making our sentences too long, not making such observa- tions as are drawn from other subjects, for the sake of com- parison, too prolix; avoiding all incoherency of thought, re- version of the order of time, all confusion of persons, all irregularity of arrangement whatever. In short, the whole matter is so easy, that it often appears astonishing to me that

^ See ii., 21 ; Brut., c. 55. 2 g^e ii., 22.

206 DE oratore; or, [b. hi.

what the advocate would express should be more difficult to understand, than he who employs the advocate would be if he were to speak on his own business ; for the persons them- selves who bring cases to us give us in general such instruc- tions that you would not desire any thing to be delivered in a plainer manner ; but as soon as Fufius, or your equal in age, Pomponius,^ proceeds to plead those cases, I do not find them equally intelligible, unless I give an extraordinary de- gree of attention ; their speech is so confused and ill arranged that there is nothing first and nothing second ; there is such a jumble of strange words, that language, which ought to throw a light upon things, involves them in obscurity and darkness ; and the speakers, in what they say, seem in a manner to con- tradict themselves. But, if it is agreeable, since I think that these topics must appear troublesome and distasteful, at least to you of a more advanced age,^ let us proceed to other mat- ters which may prove still more unsatisfactory. "^

Xiy. ^'You see," said Antonius, "how inattentive we are, and how unwillingly we listen to you,* when we might be induced (I judge from myself) to neglect all other concerns to follow you and give you our attention ; so elegant are your remarks upon unpleasing, so copious upon barren, so new upon common subjects."

"Those two parts, indeed, Antonius," continued Crassus, "which I have just run over, or rather have almost passed by, that of speaking in pure Latin, and with perspicuity, were easy to treat ; those which remain are important, intricate, diversified, weighty, on which depends all the admiration be- stowed upon ability and all the praise given to eloquence; for nobody ever admired an orator for merely speaking good Latin ; if he speaks otherwise, they ridicule him ; and not only do not think him an orator, but not even a man. Nor has any one ever extolled a speaker for merely speaking in such a manner that those who were present understood what he said; though every one has despised him who was not able to do so. Whom, then, do men regard with awe '? What speaker do they behold with astonishment? At whom do they utter exclamations ? Whom do they consider as a deity,

1 See ]., 39; Brut., c. 57, 62, 90. Ellendt.

^ Antonius and Catulus.

^ Odiosiora, Auditor ihus odiosiora. Schutz. ^ Ironically.

C. XV.] ON THE CHARACTER OF THE ORATOR. 207

if I may use the expression, among mortals? Him who speaks distinctly, explicitly, copiously, and luminously, both as to matter and words ; who produces in his language a sort of rhythm and harmony ; who speaks, as I call it, gracefully. Those also who treat their subject as the importance of things and persons requires, are to be commended for that peculiar kind of merit, which I term aptitude and congruity. Antonius said that he had never seen any who spoke in such a manner, and observed that to such only was to be attributed the dis- tinguishing title of eloquence. On my authority, therefore, de- ride and despise all those who imagine that from the precepts of such as are now called rhetoricians they have gained all the powers of oratory, and have not yet been able to under- stand what character they hold, or what they profess ; for in- deed, by an orator, every thing that relates to human life, since that is the field on which his abilities are displayed, and is the subject for his eloquence, should be examined, heard, read, discussed, handled, and considered ; since eloquence is one of the most eminent virtues ; and though all the virtues are in their nature equal and alike, yet one species is more beautiful and noble than another ; as is this power, which, comprehending a knowledge of things, expresses the thoughts and purposes of the mind in such a manner, that it can im- pel the audience whithersoever it inclines its force ; and, the greater is its influence, the more necessary it is that it should be united with probity and eminent judgment; for if we be^ stow the faculty of eloquence upon persons destitute of these virtues, we shall not make them orators, but give arms to madmen.

XY. This faculty, I say, of thinking and speaking, this power of eloquence, the ancient Greeks denominated wisdom. Hence the Lycurgi, the Pittaci, the Solons ; and, compared with them, our Coruncanii, Fabricii, Catos, and Scipios, were perhaps not so learned, but were certainly of a like force and inclination of mind. Others, of equal ability, but of dissimi- lar affection toward. the pursuits of life, preferred ease and retirement, as Pythagoras, Democritus, Anaxagoras, and transferred their attention entirely from civil polity to the contemplation of nature ; a mode of life which, on account of its tranquillity, and the pleasure derived from science, than which nothing is more delightful to mankind, attracted ^

208 DE oratore; or, [b. m.

greater number than was of advantage to public concerns. Accordingly, as men of the most excellent natural talents gave themselves up to that study, in the enjoyment of the greatest abundance of free and unoccupied time, so men of the greatest learning, blessed with excess of leisure and fer- tility of thought, imagined it their duty to make more things than were really necessary the objects of their attention, in- vestigation, and inquiry. That ancient learning, indeed, ap- pears to have been at the same time the preceptress of living rightly and of speaking well ; nor were there separate mas- ters for those subjects, but the same teachers formed the morals and the language ; as Phoenix in Homer, who says that he was appointed a companion in war to the young Achilles by his father Peleus, to make him an orator in words and a hero in deeds. But as men accustomed to constant and daily employment, when they are hindered from their occupation by the weather, betake themselves to play at ball, or dice, or draughts, or even invent some new game of their own to amuse their leisure ; so they, being either excluded from public employments, as from business, by the state of the times, or being idle from inclination, gave themselves up wholly, some to the poets, some to the geometers, some to music ; others even, as the logicians, found out a itew study and exercise for themselves, and consumed their whole time and lives in those arts which have been discovered to form the minds of youth to learning and to virtue.

XVI. " But, because there were some, and those not a few, who either were eminent in public affairs, through their twofold excellence in acting and speaking, excellences which are indeed inseparable, as Themistocles, Pericles, Therame- nes ; or who, though they were not employed themselves in public affairs, were teachers of others in that science, as Gor- gias, Thrasymachus, Isocrates ; there appeared others who, being themselves men of abundant learning and ingenuity, but averse to political business and employments, derided and despised the exercise of oratory ; at the head of which party was Socrates. He, who, by the testimony of all the learned, and the judgment of all Greece, was the first of all men as well in wisdom and penetration, grace and refinement, as in eloquence, variety, and copiousness of language on whatever subject he took in hand, deprived of their common name

C. XVII.] ON THE CHARACTER OF THE ORATOR. 209

those who handled, treated, and gave instruction in those matters which are the objects of our present inquiry, when they were previously comprised under one appellation ; as all knowledge in the best arts and sciences, and all exercise in them, was denominated philosophy ; and he separated in his discussions the ability of thinking wisely and speaking grace- fully, though they are naturally united; Socrates, I say, whose great genius and varied conversation Plato has in his Dialogues consigned to immortality, he himself having left us nothing in writing. Hence arose that divorce, as it were, of the tongue from the heart, a division certainly absurd, use- less, and reprehensible, that one class of persons should teacb us to think, and another to speak, rightly ; for, as many rea- soners had their origin almost from Socrates, and as they caught up some one thing, some another, from his disputa- tions, which were various, diversified, and diffusive upon all subjects, many sects as it were became propagated, dissenting one from another, and much divided and very dissimilar in opinions, though all the philosophers wished to be called, and thought that they were, Socratics.

XVII. "First from Plato himself came Aristotle and Xenocrates, the one of whom founded the Peripatetic sect, the other the Academy ; and from Antisthenes, who was chiefly delighted with the patience and endurance recom- mended in the discourses of Socrates, sprung first the Cynics, afterward the Stoics. Next, from Aristippus, for whom the dissertations on pleasure had greater charms, emanated the Cyrenaic philosophy, which he and his followers maintained in its simplicity; those who in our days measure all things by the standard of pleasure, while they act more modestly in this particular, neither satisfy that dignity which they are far from rejecting, nor adhere to that pleasure which they are in- clined to embrace. There were also other sects of philoso- phers, who almost all in general called themselves the follow- ers of Socrates ; as those of the Eretrians, Herillians, Mega- rians, and Pyrrhonians ; but these have long since been over- thrown and extinguished by the superior arguments of the others. Of those which remain, that philosophy which has undertaken the patronage of pleasure, however true it may appear to some, is very unsuitable for that personage of whom we are forming a conception, and whom we would have to be

210 DE oeatore; or, [b. hi.

of authority in public councils, a leader in the administration of government, a consummate master of thought and elo- quence, as well in the senate, as in popular assemblies, and in public causes. Yet no injury shall be done to that philosophy by us ; for it shall not be repelled from the mark at which it wishes to aim, but shall repose quietly in its gardens, where it wishes, and where, reclining softly and delicately, it calls us away from the rostra, from the courts of justice, and from the senate, and perhaps wisely, especially in such times of the republic as these. But my present inquiry is not which philosophy is the nearest to truth, but which is the best suited to the orator. Let us therefore dismiss those of this sect without any contumely ; for they are well-meaning, and, as they seem so to themselves, happy; let us only admonish them to keep that maxim of theirs, though it be eminently true, secret however as a mystery, I mean their denial that it is the part of a wise man to concern himself with public af- fairs ; for if they should convince us, and every man of emi- nent ability, of the truth of that maxim, they will be unable to remain, as they especially desire, in tranquillity.

XVIII. The Stoics, too, whom I by no means disap- prove, I notwithstanding dismiss ; nor am I afraid that they will be angry, as they are proof against anger; and I feel grateful to them on this account, that they alone, of all the philosophers," have declared eloquence to be virtue and wis- dom. But there are two peculiarities in their doctrine, which are quite unsuitable to that orator whom we are forming; one, that they pronounce all who are not wise, to be slaves, robbers, enemies, and madmen, and yet do not admit that any person is wise (but it would be very absurd to trust the in- terests of an assembly of the people, or of the senate, or any other body of men, to one to whom none of those present would appear to be in their senses, none to be citizens, none to be freemen) ; the other, that they have a manner of speak- ing which is perhaps subtle, and certainly acute, but for an orator, dry, strange, unsuited to the ear of the populace, ob- scure, barren, jejune, and altogether of that species which a speaker can not use to a multitude. Other citizens, or rather all other people, have very different notions of good and evil from the Stoics ; their estimation of honor and ignominy, re- wards and punishments, is entirely different ; whether justly

C. XIX.] ON THE CHARACTER OF THE ORATOR. 211

or otherwise, is nothing to the present occasion ; but if we should adopt their notions, we should never be able to expe- dite any business by speaking. The remaining sects are the Peripatetic and the Academic ; though of the Academics, not- withstanding there is but one name, there are two distinct systems of opinion ; for Speusippus, Plato's sister's son, and Xenocrates, who had been a hearer of Plato, and Polemo, who had been a hearer of Xenocrates, and Grantor, differed in no great degree from Aristotle, who had also been a hear- er of Plato ; in copiousness and variety of diction, howev- er, they were perhaps unequal to him. Arcesilas, who had been a hearer of Polemo, was the first who eagerly embraced' the doctrine drawn from the various writings of Plato and the discourses of Socrates, that ' there is nothing certain to be known, either by the senses or the understanding;' he is re- ported to have adopted an eminently graceful manner of speaking, to have rejected all judgment of the mind and the senses, and to have established first the practice (though it was indeed greatly adopted by Socrates) of not declaring what he himself thought, but of disputing against whatever any other person said that he thought. Hence the JVew Academy derived its origin, in which Carneades distinguished himself by a quickness of wit, that was in a manner divine, and a peculiar force of eloquence. I knew many at Athens who had been hearers of this philosopher, but I can refer for his character to two persons of undoubted authority, my father-in-law Scaevola, who heard him when a youth at Home, and Quintus Metellus, the son of Lucius, my inti- mate friend, a man of high dignity, who informed me that in the early part of his life at Athens, he attended for many days the lectures of this celebrated philosopher, . then almost broken with age.^

XIX. " But the streams of learning have flowed from the common summit of science,^ like rivers from the Apennines, in different directions, so that the philosophers have passed, as it were, into the Upper or Ionian Sea, a Greek sea abound-

^ Qui ilium a se adolescents Athenis jam affectum senectute multos dies auditum esse dicehat. " Who said that he had been heard by him when a young man for many days at Athens (where he was) now affected with old age."

^ Ex communi sapientiumjugo. I read sapientice with Ellendt. It is a comparison, as he observes, of Socrates to a hill.

212 DE oratore; or, [b. m.

ing with harbors, but the orators have fallen into the Lower or Tuscan, a barbarian sea infested with rocks and dangers, in which even Ulysses himself had mistaken his course. If, therefore, we are content with such a degree of eloquence, and such an orator as has the common discretion to know that you ought either to deny the charge which is brought against you, or, if you can jiot do that, to show that what he who is accused has committed, was either done justifiably, or through the fault or wrong of some other person, or that it is agreeable to law, or at least not contrary to any law, or that it was done without design,- or from necessity ; or that it does not merit the term given it in the accusation ; or that the pleading is not conducted as it ought to have been or might have been ; and if you think it sufficient to have learned the rules which the writers on rhetoric have deliver- ed, which, however, Antonius has set forth with much more grace and fullness than they are treated by them ; if, I say, you are content with these qualifications, and those which you wished to be specified by me, you reduce the orator from a spacious and immense field of action into a very narrow compass ; but if you are desirous to emulate Pericles, or De- mosthenes, who is more familiar to us from his numerous writings ; and if you are captivated with this noble and illus- trious idea and excellence of a perfect orator, you must in- clude in your minds all the powers of Carneades, or those of Aristotle. For, as I observed before, the ancients, till the time of Socrates, united all knowledge and science in all things, whether they appertained to morality, to the duties of life, to virtue, or to civil government, with the faculty of speaking ; but afterward, the eloquent being separated by Socrates from the learned (as I have already explained), and this distinction being continued by all the followers of Soc- rates, the philosophers disregarded eloquence, and the orators philosophy ; nor did they at all encroach upon each other's provinces, except that the orators borrowed from the philoso- phers, and the philosophers from the orators, such things as they would have taken from the common stock if they had been inclined to remain in their pristine union. But as the old pontiffs, on account of the multitude of religious ceremo- nies, appointed three officers called Epulones,^ though they

• See Liv., xxxiii., 42.

C. XX.] ON THE CHARACTER OF THE ORATOR. 213

themselves were instituted by Numa to perform the epulare sacrijicium at the games ; so the followers of Socrates exclud- ed the pleaders of causes from their own body, and from the common title of philosophers, though the ancients were of opinion that there was a miraculous harmony between speak- ing and understanding.

XX. " Such being the case, I shall crave some little in- dulgence for myself, and beg you to consider that whatever I say, I say not of myself, but of the complete orator. For I am a person, who, having been educated in my boyhood, with great care on the part of my father, and having brought into the forum such a portion of talent as I am conscious of pos- sessing, and not so much as I may perhaps appear to you to have, can not aver that I learned what I now comprehend, exactly as I shall say that it ought to be learned ; since I en- gaged in public business most early of all men, and at one- and- twenty years of age brought to trial a man of the highest rank, and the greatest eloquence ;i and the forum has been my school, and practice, with the laws and institutions of the Roman people, and the customs of our ancestors, my instruct- ors. I got a small taste of those sciences of which I am speaking, feeling some thirst for them, while I was quaestor in Asia, having procured a rhetorician about my own age from the Academy, that Metrodorus, of whose memory Antonius has made honorable mention ; and, on my departure from Asia, at Athens, where I should have staid longer, had I not been displeased with the Athenians, who would not repeat their mysteries, for which I came two days too late. The fact, therefore, that I comprise within my scheme so much science, and attribute so much influence to learning, makes not only not in my favor, but rather against me (for I am not considering what I, but what a perfect orator can do), and against all those who put forth treatises on the art of rhetoric, and who are indeed obnoxious to extreme ridicule ; for they write merely about the several kinds of suits, about exordia, and statements of facts ; but the real power of eloquence is such, that it embraces the origin, the influence, the changes of all things in the world, all virtues, duties, and all nature, so far as it affects the manners, minds, and lives of mankind. It can give an account of customs, laws, and rights, can gov- ^ Carbo. See note on i., 10.

214 DE oratore; or, [b. hi.

ern a state, and speak on every thing relating to any subject whatsoever with elegance and force. In this pursuit I em- ploy my talents as well as I can, as far as I am enabled by natural capacity, moderate learning, and constant practice; nor do I conceive myself much inferior in disputation to those who have as it were pitched their tent for life in philosophy alone.

XXI. " For what can my friend Caius Velleius^ allege to show why pleasure is the chief good, which I can not either maintain more fully, if I were so inclined, or refute, with the aid of those commonplaces which Antonius has set forth, and that habit of speaking in which Velleius himself is unexercised, but every one of us experienced ? AVhat is there that either Sextus Pompeius, or the two Balbi,'-^ or my acquaintance Marcus Vigellius, who lived with Pansetius, all men of the Stoic sect, can maintain concerning virtue, in such a manner that either I, or any one of you, should give place to them in debate ? For philosophy is not like other arts or sciences ; since what can he do in geometry, or in music, who has never learned ? He must be silent, or be thought a madman ; but the principles of philosophy are discovered by such minds as have acuteness and penetration enough tp extract what is most probable concerning any subject, and are elegantly ex- pressed with the aid of exercise in speaking. On such top- ics, a speaker of ordinary abilities, if he has no great learning, but has had practice in declaiming, will, by virtue of such practice, common to others as well as to him, beat our friends the philosophers, and not suffer himself to be despised and held in contempt ; but if ever a person shall arise who shall have abilities to deliver opinions on both sides of a question on all subjects, after the manner of Aristotle, and, from a knowledge of the precepts of that philosopher, to deliver two contradict- ory orations on every conceivable topic, or shall be able, after the manner of Arcesilas or Carneades, to dispute against ev- ery proposition that can be laid down, and shall unite with

^ The same that speaks, in the dialogue De Naturd Deorum, on the tenets of the Epicureans.

" One Balbus is a speaker in the De Nat. Deorum^ on the doctrines of the Stoics. The other, says Ellendt, is supposed to be the lawyer who is mentioned by Cicero, Brut., c. 42, and who was the master of Servius Sulpicius. Of VigelHus nothing is known.

C. XXII.] ON THE CHARACTER OP THE ORATOR. 215

those powers rhetorical skill, and practice and exercise in speaking, he will be the true, the perfect, the only orator. For neither without the nervous eloquence of the forum, can an orator have sufficient weight, dignity, and force ; nor, with- out variety of learning, sufficient elegance and judgment. Let us suffer that old Corax of yours, ^ therefore, to hatch his young birds in the nest, that they may fly out disagreeable and troublesome bawlers ; and let us allow Pamphilus, who- ever he was,2 to depict a science of such consequence upon flags, as if for an amusement for children ; while we ourselves describe the whole business of an orator, in so short a dis- putation as that of yesterday and to-day ; admitting, however, that it is of such extent as to be spread through all the books of the philosophers, into which none of those rhetoricians^ has ever dipped."

XXII. Catulus then said, It is, indeed, by no means astonishing, Crassus, that there should appear in you either such energy, or such agreeableness, or such copiousness of lan- guage ; though I previously supposed that it was merely from the force of natural genius that you spoke in such a way as to seem to me not only the greatest of orators, but the wisest of men ; but I now understand that you have always given precedence to matters relating to philosophy, and your copi- ous stream of eloquence has flowed from that source; and yet, when I recollect the different stages of your life, and when I consider your manner of living and pursuits, I can neither conceive at what time you acquired that learning, nor can I imagine you*to be strongly addicted to those studies, or men, or writings ; nor can I determine at which of these

^ See i., 20. He jokes on the name of Corax, which signifies a crow, ^ Pamphilum nescio qitem. Some suppose him to be the painter that is mentioned as the instructor of Apelles by Pliny, H. N., xxxv., 36, 8. He seems, whoever he was, to have given some fanciful map-Hke view of the rules of rhetoric. But it is not intimated by Pliny that the Pamphilus of whom he speaks was, though a learned painter, any thing more than a painter. A Pamphilus is mentioned by Quintilian, iii., 6, 84 ; xii., 10, 6; and by Aristotle, Ehet., ii., 23. By infulce in the text, which I have rendered "flags," Ellendt supposes that something similar to our printed cotton handkerchiefs, or flags hung out at booths at fairs, is meant. Talaeus thinks that the tables of rules might have been called infulce. in ridicule, from their shape.

^ Such "disagreeable and troublesome bawlers," as those from the nest of Corax just mentioned. Ernesti,

216 DE okatore; ok, [b.iii.

two things I ought most to feel surprised, that you could ob- tain a thorough knowledge of those matters which you per- suade me are of the utmost assistance to oratory, amid such important occupations as yours, or that, if you could not do so, you can speak with such effect." Here Crassus rejoined, " I would have you first of all, Catulus, persuade yourself of this, that, when I speak of an orator, I speak not much oth- erwise than I should do if T had to speak of an actor ; for I should say that he could not possibly give satisfaction in his gesture unless he had learned the exercises of the palaestra, and dancing; nor would it be necessary that, when I said this, I should be myself a player, though it perhaps would be necessary that I should be a not unskillful critic in another man's profession. In like manner I am now, at your request, speaking of the orator, that is, the perfect orator ; for, about whatever art or faculty inquiry is made, it always relates to it in its state of absolute perfection ; and if, therefore, you now allow me to be a speaker, if even a pretty good one, or a positively good one, I will not contradict you (for why should I, at my time of life, be so foolish ? I know that I am esteemed such); but, if it be so, I am certainly not perfect. For there is not among mankind any pursuit of greater diffi- culty or effort, or that requires more aids from learning ; but, since I have to speak of the orator, I must of necessity speak of the perfect orator ; for unless the powers and nature of a thing be set before the eyes in their utmost perfection, its character and magnitude can not be understood. Yet I con- fess, Catulus, that I do not at present live in any great famil- iarity with the writings or the professors of philosophy, and that, as you have rightly observed, I never had much leisure to set apart for the acquisition of such learning, and that I have only given to study such portions of time as my leisure when I was a youth, and vacations from the business of the forum, have allowed me.

XXIII. " But if, Catulus, you inquire my sentiments on that learning, I am of opinion that so much time need not be spent on it by a man of ability, and one who studies with a view to the forum, to the senate, to causes, to civil adminis- tration, as those have chosen to give to it whom life has failed while they were learning. For all arts are handled in one manner by those who apply them to practice ; in another by

C. XXm.] ON THE CHARACTER OP THE ORATOR. 217

those who, taking delight in treating of the arts themselves, never intend to do any thing else during the whole course of their lives. The master of the gladiators^ is now in the ex- tremity of age, yet daily meditates upon the improvement of his science, for he has no other care ; but Quintus Velocius^ had learned that exercise in his youth, and, as he was natu- rally formed for it, and had thoroughly acquired it, he was, as it is said in Lucilius,

• • 'Though as a gladiator in the school

Well skill'd, and bold enough to match with any,'

yet resolved to devote more attention to the duties of the fo- rum, and of friendship, and to his domestic concerns. Vale- rius^ sung every day ; for he was on the stage ; what else was he to do'? But our friend Numerius Furius sings only when it is agreeable to him ; for he is the head of a family, and of equestrian dignity; he learned when a boy as much as it was necessary for him to learn. The case is similar with regard to sciences of the greatest importance ; we have seen Quintus Tubero,^ a man of eminent virtue and prudence, en- gaged in the study of philosophy night and day, but his un- cle Africanus^ you could scarcely ever perceive paying any at- tention to it, though he paid a great deal. Such knowledge is easily gained, if you only get as much of it as is necessary, and have a faithful and able instructor, and know how to learn yourself. But if you are inclined to do nothing else all your life, your very studies and inquiries daily give rise to something for you to investigate as an amusement at your leisure ; thus it happens, that the investigation of particular points is endless, though general knowledge is easy, if practice establish learning once acquired, moderate exercise be devoted to it, and memory and inclination continue. But it is pleas- ant to be constantly learning, if we wish to be thoroughly masters of any thing ; as if I, for instance, had a desire to play excellently at backgammon, or had a strong attachment to tennis, though perhaps I should not attain perfection in

^ See note on ii., 80.

2 This name was introduced on the conjecture of Victorias. Previ- ously the passage was unintelligible.

^ Of Valerius and Furius nothing is known. Ellendt,

• Cic, Tusc. Qusest., iv., 2; Fin., iv., 9.

• See ii., 37.

K

218 DE ORATORE; or, [b. III.

those games ; but others, because they excel in any perform- ance, take a more vehement delight in it than the object re- quires, as Titius^ in tennis, Brulla in backgammon. There is no reason, therefore, why any one should dread the extent of the sciences because he perceives old men still learning them ; for either they were old men when they first applied to them, or have been detained in the study of them till they became old ; or are of more than ordinary stupidity. And the truth in my opinion is, that a man can never learn thoroughly that which he has not been able to learn quickly."

XXIV. Now, now," exclaimed Catulus, "I understand, Crassus, what you say, and readily assent to it; I see that there has been time enough for you, a man of vigor and ability to learn, to acquire a knowledge of what you mention." " Do you still persist," rejoined Crassus, " to think that I say what I say of myself, and not of my subject ? But, if it be agree- able to you, let us now return to our stated business." To me," said Catulus, "it is very agreeable."

"To what end, then," continued Crassus, "does this dis- course, drawn out to so great a length, and brought from such deep sources, tend? The two parts which remain for me, that of adorning language, and contemplating eloquence in general in its highest perfection — one of which requires that we should speak gracefully, the other aptly — have this influence, that eloquence is rendered by their means product- ive of the utmost delight, made to penetrate effectually into the inmost hearts of the audience, and furnished with all pos- sible variety of matter. But the speech which we use in the forum, adapted for contest, full of acrimony, formed to suit the taste of the vulgar, is poor indeed and beggarly ; and, on the other hand, even that which they teach who profess themselves masters of the art of speaking, is not of much more dignity than the common style of the forum. We have need of greater pomp,^ of choice matter collected, imported, and brought together from all parts; such a provision as must be made by you, Caesar, for the next year,^ with such pains as I took in my aedileship, because I did not suppose

^ Titius is mentioned ii., 62. Of Brulla nothing is known. EllendU ^ Apparatu. In allusion, says Petavius, to the shows given by the aediles.

^ Ad annum. That of his sedileship. Ernesti,

C. XXV.] ON THE CHARACTEK OF THE ORATOR. 219

that I could satisfy such a people as ours with ordinary mat- ters, or those of their own country.

As for choosing and arranging words, and forming them into proper periods, the art is easy, or, I may say, the mere practice without any art at all. Of matter, the quantity and variety are infinite; and as the Greeks^ were not properly furnished with it, and our youth in consequence almost grew ignorant while they were learning, even Latin teachers of rhetoric, please the gods, have arisen within the last two years; a class of persons whom I had suppressed by my edict,2 when I was censor, not because I was unwilling (as some I know not who, asserted), that the abilities of our youth should be improved, but because I did not wish that their understandings should be weakened and their impudence strengthened. For among the Greeks, whatever w^as their character, I perceived that there was, besides exercise of the tongue, some degree of learning, as well as politeness suited to liberal knowledge ; but I knew that these new masters could teach youth nothing but effrontery, which, even when joined with good qualities, is to be avoided, and in itself especially so ; and as this, therefore, was the only thing that was taught by the Latins, their school being indeed a school of impudence, I thought it became the censor to take care that the evil should not spread farther. I do not, however, determine and decree on the point, as if I despaired that the subjects which we are discussing can be delivered, and treated with elegance, in Latin ; for both our language and the nature of things allows the ancient and excellent science of Greece to be adapted to our customs and manners ; but for such a work are required men of learning, such as none of our countrymen have been in this department ; but if ever such arise, they will be pref- erable to the Greeks themselves.

XXV. "A speech, then, is to be made becoming in its kind, with a sort of complexion and substance of its own ; for

^ The Greek rhetoricians. Pearce,

^ Quintilian refers to this passage, ii., 4, 42 The edict of the

censors Crassus and Ahenobarbus, "which was marked by all the ancient severity, is preserved in Aul. GelL, xv., 11; and Suetonius, De Clar. Rhet., prooem. Crassus intimates that that class of men sprung up again after his edict ; for the censors had not such power that their mere prohibitions could continue in force after their term of office was expired. EllendU

220 DE ORATORE ; OR, [b. III.

that it be weighty, agreeable, savoring of erudition and liber- al knowledge, worthy of admiration, polished, having feeling and passion in it, as far as is required, are qualities not con- fined to particular members, but are apparent in the whole body ; but that it be, as it were, strewed with flowers of lan- guage and thought, is a property which ought not to be equal- ly diffused throughout the whole speech, but at such intervals, that, as in the arrangement of ornaments,^ there may be cer- tain remarkable and luminous objects disposed here and there. Such a kind of eloquence, therefore, is to be chosen, as is most adapted to interest the audience, such as may not only de- light, but delight without satiety (for I do not imagine it to be expected of me, that I should admonish you to beware that your language be not poor, or rude, or vulgar, or obsolete; both your age and your geniuses encourage me to something of a higher nature) ; for it is difficult to tell what the cause is why, from those objects which most strongly strike our senses with pleasure, and occasion the most violent emotions at their first appearance, we should soonest turn away with a certain loathing and satiety. How much more florid, in the gayety and variety of the coloring, are most objects in modern pictures than in ancient ones ; which, however, though they captivate us at first sight, do not afford any lasting pleasure ; whereas we are strongly attracted by rough and faded color- ing in the paintings of antiquity. How much softer and more delicate are fancifuP modulations and notes in music, than those which are strict and grave ; and yet if the former are often repeated, not only persons of an austere character, but even the multitude, raise an outcry against them. We may perceive, too, in regard to the other senses, that we take a less permanent delight in perfumes composed of the sweetest and most powerful odors, than in those of a more moderate scent ; that that is more commended which appears to smell like wax, than that which is as strong as saffron ; and that, in the sense of feeling itself, there is a limit required both to softness and smoothness. How soon does even the taste, which of all our senses is the most desirous of gratification, and is delight- ed with sweetness beyond the others, nauseate and reject that

^ In ornatu. The arrangement of such ornaments as were displayed at games and festivals.

2 Falsce. Fractse et molliores. Ernesti,

C. XXA^.] ON THE CHARACTER OP THE ORATOR. 221

which is too luscious ! Who can take sweet drinks and meats long together ? while, in both kinds of nutriment, such things as affect the sense with but a slight pleasure are the farthest removed from that satiating quality; and so, in all other things, loathing still borders upon the most exquisite delights ; and therefore we should the less wonder at this effect in lan- guage, in which we may form a judgment, either from the poets or the orators, that a style elegant, ornate, embellished, and sparkling, without intermission, without restraint, with- out variety, whether it be prose or poetry, though painted with the brightest colors, can not possibly give lasting pleas- ure. And we the sooner take offense at the false locks and paint of the orator or poet, for this cause, that the senses, when affected with too much pleasure, are satiated, not from reason, but constitutionally ; in writings and in speeches these disguised blemishes are even more readily noticed, not only from the judgment of the ear, but from that of the under- standing.

XXVI. " Though such expressions of applause, therefore, as Wery well,' 'excellent,' may be often repeated to me, I would not have ' beautifully,' ' pleasantly,' come too often ; yet I would have the exclamation, 'Nothing can be better,' very frequent. But this high excellence and merit in speak- ing should be attended with some portions of shade and ob- scurity, that the part on which a stronger light is thrown may seem to stand out, and become more prominent. Roscius never delivers this passage with all the spirit that he can,

* The wise man seeks for honor, not for spoil, As the reward of virtue ;'

but rather in an abject manner, that into the next speech,

" * What do I see ? the steel-girt soldier holds The sacred seats, '

he may throw his whole powers, may gaze, may express won- der and astonishment. How does the other great actor^ utter

'What aid shall I solicit?^

How gently, how sedately, how calmly ! For he proceeds with

" ' father ! O my country ! House of Priam !'

^ -^sopus, as I suppose. Ellendt; who observes that the verses are from the Andromache of Ennius. Sec c. 47, 58; Tusc. Disp., iii., 19,

222 DE oratoke; or, [b. hi.

in which so much action could not be exerted if it had been consumed and exhausted by any preceding emotion. Nor did the actors discover this before the poets themselves, or, in- deed, before even those who composed the music, by both of whom their tone is sometimes lowered, sometimes heightened, sometimes made slender, sometimes full, with variation and distinction. Let our orator, then, be thus graceful and de- lightful (nor can he indeed be so otherwise) ; let him have a se- vere and solid grace, not a luscious and delicious sweetness ; for the precepts relative to the ornament of eloquence, which are commonly given, are of such a nature that even the worst speaker can observe them. It is first of all necessary, there- fore, as I said before, that a stock of matter and thoughts be got together ; a point on which Antonius has already spoken ; these are to be interwoven into the very thread and essence of the oration, embellished by words, and diversified by illus- trations.

"But the greatest glory of eloquence Jstgjgx aggerate a subject by^erahellishmentT'^f^^hrch'-hfks^fi^ m am-

plifying and extolling any thing in a speech to an extraor- dinary degree, but also in extenuating it, and making it ap- pear contemptible. XXVII. This is required on all those points which Antonius said must be observed in order to gain credit to our statements, when we explain any thing, or when we conciliate the feelings, or when we excite the passions of our audience; but in the particular which I mentioned last, amplification is of the greatest effect ; and excellence in it the peculiar and appropriate praise of the orator. Even that ex- ercise is of more than ordinary importance which Antonius illustrated^ in the latter part of his dissertation (in the begin- ning^ he set it aside), I mean that of panegyric and satire ; for nothing is a better preparative for exaggeration and am- plification in a speech than the talent of performing both these parts in a most effective manner. Consequently, even those topics are of use which, though they ought to be iwojper to causes, and to be inherent in their very vitals, yet, as they are commonly applied to general subjects, have been by the ancients denominated common places ^ of which some consist in bitter accusations and complaints against vices and crimes, with a certain amplification (in opposition to which nothing ^ B. ii., c. 84. 2 B. ii., c. 10.

C. XXVIII.] ON THE CHARACTER OF THE ORATOR. 223

is usually said, or can be said), as against an embezzler of the public money, or a traitor, or a parricide ; remarks which we ought to introduce when the charges have been proved, for otherwise they are jejune and trifling; others consist in en- treaty or commiseration ; others relate to contested points of argument, whence you may be enabled to speak fully on ei- ther side of any general question, an exercise which is now imagined to be peculiar to those two sects of philosophy^ of which I spoke before ; among those of remote antiquity it be- longed to those from whom all the art and power of speaking in forensic pleadings was derived ;^ for concerning virtue, duty, justice and equity, dignity, utility, honor, ignominy, re- wards and punishments, and similar subjects, we ought to possess the spirit, and talent, and address, to speak on either side of the question. But since, being driven from our own possessions, we are left in a poor little farm, and even that the subject of litigation, and since, though the patrons of oth- ers, we have not been able to preserve and protect our own property, let us borrow what is requisite for us (which is a notable disgrace) from those^ who have made this irruption into our patrimony.

XXVIII. " Those, then, who take their name from a very small portion'^ of Athens and its neighborhood, and are de- nominated Peripatetic or Academic philosophers, but who formerly, on account of their eminent knowledge in important affairs, were by the Greeks called political philosophers, being distinguished by a name relating to all public administration, say that every speech on civil affairs is employed on one or other of these two kinds of questions, either that of a definite controversy limited to certain times and parties ; as, ' Wheth- er is it proper that our captives be recovered from the Car- thaginians by the restitution of theirs f or on an indefinite question, inquiring about a subject generally; as, ^What should be determined or considered concerning captiv^ in general?' Of these, they term the former kind a cause or controversy, and limit it to three things, lawsuits, delibera-

^ The Academic and Peripatetic ; see iii., 17, 18. Proust, ^ Those who taught forensic eloquence. Proust, ^ The philosophers.

• From the Academy, and the gymnasia in the suburbs of Athens.

Ellendt,

224 DE ORATORE ; OR, , [b. IlL

tions, and panegyric ; but the other kind of question, or prop- osition as it were, the indefinite, is denominated a consulta- tion.^ So far they instruct us. The rhetoricians, however, use this division in their instructions, but not so that they seem to recover a lost possession by right, by a decision in their favor, or by force, but appear, according to the prac- tice of the civil law, to assert their claim to the premises by breaking off a branch ;2 for they keep possession of that for- mer kind which is restricted to certain times, places, and par- ties, and that as it were by the hem of the garment ;^ for at this present time, under Philo, * who flourishes, I hear, as chief of the Academy, the knowledge and practice of even these causes is much observed ; as to the latter kind, they only mention it in delivering the first principles of the art, and say that it belongs to the orator ; but neither explain its powers, nor its nature, nor its parts, nor general heads, so that it had better have been passed over entirely, than left when it was once attempted ; for they are now understood to say nothing about it for want of something to say; in the other case, they would have appeared to be silent from judg- ment.

XXIX. ^' Every subject, then, has the same susceptibleness of ambiguity, concerning which it may be inquirod and dis- puted; whether the discussion relate to consultations on in- definite points, or to those causes which are concerned with civil affairs and contests in the forum ; nor is there any that may not be referred either to the nature and principles of knowledge or of action. For either the knowledge itself and acquaintance with any affair is the object of inquiry; as, ' Whether virtue be desirable on account of its own intrinsic worth, or for the sake of some emolument attending itf or

1 Consultatio. See Cic, Part., Orat., i., 18, 20.

^ A ceremony by which a claim to a possession was made. See Ga- ins, iv., 17.

3 Lacinia, Like persons who scarcely keep their hold of a thing. Ellendt.

• Philo of Larissa, called by some the founder of a fourth Academy,

was a hearer of Clitomachus, Acad., ii., 6. He tied to Eome, with many of the chief men of Athens, in the Mithridatic war, when Cicero, then a young man, attended dihgently to his instructions. Brut., 89 ; Plut., Cic, c. 3. He sometimes gave instructions in rhetoric, sometimes in philosophy, as appears from Tusc. Disp., ii., 3. Henrichsen,

C. XXIX.] ON THE CHARACTER OF THE ORATOR. 225

counsel with regard to an act is sought ; as, ^ Whether a wise man ought to concern himself in the administration of gov- ernment?' And of knowledge there are three kinds — that which is formed by conjecture, that which admits of certain definition, and that which is (if I may so term it) conse- quential. For whether there be any thing in any other thing, is inquired by conjecture; as, 'Whether there is wisdom in mankind?' But what nature any thing has, a definition ex- plains; as if the inquiry be, 'What is wisdom?' And con- sequential knowledge is the subject treated of, when the ques- tion is, ' What peculiarity attends on any thing V as, ' Wheth- er it be the part of a good man to tell a falsehood on any oc- casion V But to conjecture they return again, and divide it into four kinds ; for the question is either, ' What a thing is,' as, 'Whether law among mankind is from nature or from opinions V or, ' What the origin of a thing is,' as, ' What is the foundation of civil laws and governments V or the cause and reason of it ; as if it is asked, ' Why do the most learned men diiFer upon points of the greatest importance V or as to the possible changes in any thing ; as if it is disputed, ' Wheth- er virtue can die in men, or whether it be convertible into vice ?' With regard to definition, disputes arise, either when the question is, ' What is impressed, as it were, on the com- mon understanding V as if it be considered, ' Whether that be right which is advantageous to the greater number V or when it is inquired, ' What is the peculiar property of any charac- ter V as, ' Whether to speak elegantly be peculiar to the ora- tor, or whether any one else can do so V or when a thing is distributed into parts ; as if the question be, ' How many kinds of desirable things there arc V and, ' Whether there be three, those of the body, those of the mind, and external things?' or when it is described what is the form or, as it were, natural characteristic of any person ; as if it be in- quired, ' What is the exact representation of an avaricious, a seditious, or a vainglorious man ?' Of the consequential, two principal kinds of questions are proposed ; for the ques- tion is either simple, as if it be disputed, ' Whether glory be desirable?' or comparative, 'Whether praise or wealth is more to be coveted?' But of such simple questions there are three sorts, as to things that are to be desired or avoided ; as, ' Whether honors are desirable V ' Whether poverty is to

K2

226 DE oratore; or, [b. hi.

be avoided"?' as to right and wrong ; as, ' Whether it be right to revenge injuries, even those of relations?' as to honor and ignominy; as, 'Whether it be honorable to suffer death for the sake of glory V Of the comparative also there are two sorts: one, when the question is whether things are the same, or there be any difference betwixt them ; as betwixt fear and reverence^ a Icing and a tyrant^ a flatterer and a friend ; the other, when the inquiry is, ' Which of two things is prefer- able?' as, ' Whether wise men are led by the approbation of the most worthy, or by popular applause V Thus are the con- troversies which relate to knowledge described, for the most part, by men of the greatest learning.

XXX. "But those which relate to action, either concern controverted points of moral duty, under which head it may be inquired, ' What is right and to be practiced ;' of which head the whole train of virtues and of vices is the subject- matter ; or refer to the excitement, or alleviation, or removal of some emotion of the mind. Under this head are included exhortation, reproof, consolation, compassion, and all that either gives impulse to any emotion of the mind, or, if it so happen, mitigates it. These kinds, then, and modes of all questions being explained, it is of no consequence if the par- tition of Antonius in any particular disagrees with my divi- sion ; for there are the same parts in both our dissertations, though divided and distributed by me a little otherwise than by him. Now I will proceed to the sequel, and recall myself to my appointed task and business. For the arguments for every kind of question are to be drawn from those common- places which Antonius enumerated ; but some commonplaces will be more adapted to some kinds than to others ; concern- ing which there is no necessity for me to speak, not because it is a matter of any great length, but of sufficient perspicuity.

"Those speeches, then, are the most ornate which spread over the widest field, and, from some private and single ques- tion, apply and direct themselves to show the nature of such questions in general, so that the audience, from understand- ing its nature, and kind, and whole bearing, may determine as to particular individuals, and as to all suits criminal and civil. Antonius has encouraged you, young men, to perseverance in this exercise, and intimated that you were to be conducted by degrees from small and confined questions to all the power

C. XXXI.] ON THE CHARACTER OF THE ORATOR. 227

and varieties of argument. Such qualifications are not to be gained from a few small treatises, as they have imagined who have written on the art of speaking ; nor are they work mere- ly for a Tusculan villa, or for a morning walk and afternoon sitting, such as these of ours ; for we have not only to point and fashion the tongue, but have to store the mind with the sweetness, abundance, and variety of most important and nu- merous subjects.

XXXI. "For ours is the possession (if we are indeed ora- tors, if we are to be consulted as persons of authority and leaders in the civil contests and perils of the citizens and in public councils), ours, I say, is the entire possession of all that wisdom and learning, upon which, as if it were vacant and had fallen in to them, men abounding in leisure have seized,* taking advantage of us, and either speak of the orator with ridicule and sarcasm, as Socrates in the Gorgias, or write something on the art of oratory in a few little treatises, and call them books on rhetoric ; as if all those things did not equally concern the orator, which are taught by the same philosophers on justice, on the duties of life, on the establish- ment and administration of civil government, and on the whole systems of moral and even natural philosophy. These matters, since we can not get them elsewhere, we must now borrow from those very persons by whom we have been pil- laged ; so that we apply them to the knowledge of civil af- fairs, to which they belong, and have a regard; nor let us (as I observed before) consume all our lives in this kind of learning, but, when we have discovered the fountains (which he who does not find out immediately will never find at all), let us draw from them as much as occasion may require, as often as we need. For neither is there so sharp a discernment in the nature and understanding of man, that any one can descry things of such importance, unless they are pointed out ; nor yet is there so much obscurity in the things, that a man of penetrating genius can not obtain an insight into them, if he only direct his view toward them. As the orator there- fore has liberty to expatiate in so large and immense a field, and, wherever he stops, can stand upon his own territory, all the furniture and embellishments of eloquence readily offer themselves to him. For copiousness of matter produces co- piousness of language ; and, if there be an inherent dignity in

228 DE oratore; or, [B.in.

the subjects on which he speaks, there must be, from the na- ture of the thing, a certain splendor in his expression. If the speaker or writer has but been liberally instructed in the learn- ing proper for youth, and has an ardent attachment to study, and is assisted by natural endowments, and exercised in those indefinite questions on general subjects, and has chosen, at the same time, the most elegant writers and speakers to study and imitate, he will never, be assured, need instruction from such preceptors how to compose or embellish his language ; so readily, in an abundance of matter, will nature herself, if she be but stimulated, fall without any guide into all the art of adorning eloquence."

XXXII. Catulus here observed, Ye immortal gods, what an infinite variety, force, and extent of matter have you, Crassus, embraced, and from how narrow a circle have you ventured to lead forth the orator, and to place liim in the domains of his ancestors ! For we have understood that those ancient masters and authors of the art of speaking considered no kind of disputation to be foreign to their profession, but were always exercising themselves in every branch of oratory. Of which number •was Hippias of Elis, who, when he came to Olympia, at tlie time of the vast concourse at the games cele- brated every fifth year, boasted, in the hearing of almost all Greece, that there was no subject in any art or science of which he was ignorant ; as he understood not only those arts in which all liberal and polite learning is comprised, geometry, music, grammar, and poetry, and whatever is said on the na- tures of things, the moral duties of men, and the science of gov- ernment, but that he had himself made, with his own hand, the ring which he wore, and the cloak and shoes which he had on.i He indeed went a little too far ; but, even from his ex- ample, we may easily conjecture how much knowledge those very orators desired to gain in the most noble arts, when they did not shrink from learning even the more humble. Why need I allude to Prodicus of Chios, Thrasymachus of Chalce- don, or Protagoras of Abdera? every one of whom in those days disputed and wrote much even on the nature of things. Even Gorgias the Leontine himself, under whose advocacy (as Plato represented) the orator yielded to the philosopher ;- who

^ See Plato, Hipp. Min., p. 231, G.

^ Gorgias, in the Dialogue of Plato, undertakes the defense of oratory

C. XXXm.] ON THE CHARACTER OF THE ORATOR. 229

was either never defeated in argument by Socrates (and then the Dialogue of Plato is wholly fictitious), or, if he was so de- feated, it was because Socrates was the more eloquent and convincing, or, as you term it, the more powerful and better orator ; but this Gorgias, in that very book of Plato, offers to speak most copiously on any subject whatever, that could be brought under discussion or inquiry; and he was the first of all men that ventured to demand, in a large assembly, on what subject any one desired to hear him speak ; and to whom such honors were paid in Greece, that to him alone, of all great men, a statue was erected at Delphi, not gilded, but of solid gold. Those whom I have named, and many other most con- summate masters in the art of speaking, flourished at the same time ; from whose examples it may be understood that the truth is really such as you, Crassus, have stated, and that the name of the orator was distinguished among the ancients in Greece in a more extensive sense, and with greater honor than among ourselves. I am therefore the more in doubt whether I should attribute a greater degree of praise to you, or of blame to the Greeks ; since you, born under a different lan- guage and manners, in the busiest of cities, occupied either with almost all the private causes of the people, or with the government of the world and the direction of the mightiest of empires, have mastered such numbers of subjects, and acquired so extensive a knowledge, and have united all this with the science and practice of one Avho is of authority in the republic by his counsels and eloquence ; while they, born in an atmos- phere of learning, ardently attached to such studies, but dis- solved in idleness, have not only made no acquisitions, but have not even preserved as their own that v/hich was left and consigned to them."

XXXIIL Crassus then said, Not only in this particular, Catulus, but in many others, the grandeur of the sciences has been diminished by the distribution and separation of their parts. Do you imagine, that when the famous Hippocrates of Cos flourished, there were then some of the medical facul- ty who cured diseases, others wounds, and a third class the eyes? Do you suppose that geometry under Euclid and Archimedes, that music under Damon and Aristoxenus, that

against Socrates, whom Plato represents as maintaining the dignity of philosophy. Gorgias is vanquished by Socrates. Proust,

230 DE ORATORE ; OR, [b. HI.

grammar itself when Aristophanes and Callimachus treated of it, were so divided into parts, that no one comprehended the universal system of any of those sciences, but different persons selected different parts on which they meant to be- stow their labor? I have, indeed, often heard from my fa- ther and father-in-law, that even our own countrymen, who were ambitious to excel in renown for wisdom, were wont to comprehend all the objects of knowledge which this city had then learned. They mentioned, as an instance of this, Sextus JElius ; and we ourselves have seen Manius Manilius walking across the forum ; a signal that he who did so gave all the citizens liberty to consult him upon any subject ; and to such persons, when thus walking or sitting at home upon their seats of ceremony, all people had free access, not only to con- sult them upon points of civil law, but even upon the settle- ment of a daughter in marriage, the purchase of an estate, or the cultivation of a farm, and indeed upon any employment or business whatsoever. Such was the w^isdom of the well- known elder Publius Crassus, such that of Titus Corunca- nius, such that of the great-grandfather Scipio, my son-in- law, a person of great judgment; all of whom were supreme pontiffs, so that they were consulted upon all affairs, divine and human ; and the same men gave their counsel and dis- charged their duty in the senate, before the people, and in the private causes of their friends, in civil and military service, both at home and abroad. What was deficient in Marcus Cato, except the modern polish of foreign and adventitious learning ? Did he, because he was versed in the civil law, forbear from pleading causes ? or, because he could speak, neglect the study of jurisprudence? He labored in both these kinds of learning, and succeeded in both. Was he, by the popularity which he acquired by attending to the business of private persons, rendered more tardy in the public service of the state? No man spoke with more courage before the people, none was ever a better senator ; he was at the same time a most excellent commander-in-chief; and indeed noth- ing in those days could possibly be known or learned in this city which he did not investigate and thoroughly under- stand, and on which he did not also write. Now, on the con- trary, men generally come to assume offices and the duties of public administration unarmed and defenseless ; prepared

C. XXXTV.] ON THE CHARACTER OF THE ORATOR. 231

with no science, nor any knowledge of business. But if any- one happen to excel the multitude, he is elevated with pride by the possession of any single talent, as military courage, or a little experience in war (which indeed has now fallen into decay^), or a knowledge of the law (not of the whole law, for nobody studies the pontifical law, which is annexed to civil jurisprudence^), or eloquence (which they imagine to consist in declamation and a torrent of words), while none have any notion of the alliance and affinity that connects all the liberal arts and sciences, and even the virtues themselves.

XXXIY. But to direct my remarks to the Greeks (whom we can not omit in a dissertation of this nature ; for as examples of virtue are to be sought among our own coun- trymen, so examples of learning are to be derived from them) ; seven are said to have lived at one time, who were esteemed and denominated wise men. All these, except Thales of Miletus, had the government of their respective cities. Whose learning is reported, at the same period, to have been greater, or whose eloquence to have received more ornament from literature, than that of Pisistratus ? who is said to have been the first that arranged the books of Homer as we now have them, when they were previously confused. He was not in- deed of any great service to the community, but was eminent for eloquence, at the same time that he excelled in erudition and liberal knowledge. What was the character of Pericles ? — of whose power in speaking we have heard, that when he spoke for the good of his country against the inclinations of the Athenians, that very severity with which he contradicted the favorites of the people became popular and agreeable to all men; and on whose lips the old comic poets declared (even when they satirized him, as was then lawful to be done at Athens) that the graces of persuasion dwelt, and that there was such mighty energy in him that he left, as it were, cer- tain stings in the minds of those who listened to him. Yet no declaimer had taught him to bawl for hours by the water-

^ For, except Metellus Numidicus and Marius, no one in those days had gained any great reputation by his conduct in the field.

2 Quod est conjunclum. That is, conjunctum cum jure civili." Proust, What Cicero says here is somewhat at variance with what he says, De Legg., ii., 19, where he shows, at some length, that only a small part of the civil law is necessary to be combined with the knowledge of the pontifical law. Ellendt,

232 DE ORATORE ; OR, [b. HI.

clock, but, as we have it from tradition, the famous Anax- agoras of Clazomenae, a man eminent in all the most valua- ble sciences, had instructed him. He, accordingly, excelling as he did in learning, judgment, and eloquence, presided at Athens forty years together over civil and military affairs. What was the character of Critias, or of Alcibiades *? They were not, indeed, useful members of the state in which they lived, but were certainly men of learning and eloquence ; and were they not improved by conversation with Socrates ? Who instructed Dion of Syracuse in every branch of learning? Was it not Plato? The same illustrious philosopher, too, who formed him not to oratory only, but to courage and vir- tue, impelled, equipped, and armed him to deliver his coun- try. Did Plato, then, instruct Dion in sciences different from rtiose in which Isocrates formed the renowned Timotheus, the son of Conon, the eminent general, and himself a most excellent commander, and a man of extensive learning ? Or from those in which Lysis the Pythagorean trained Epaminondas of Thebes, who, perhaps, was the most remarkable man of all Greece ? Or from those which Xenophon taught Agesilaus, or Archy- tas of Tarentum Philolaus, or Pythagoras himself all that old province of Italy which was formerly called Great Greece ? XXXV. I do not imagine that they were different; for I see that one and the same course of study comprised all those branches of knowledge which were esteemed necessary for a man of learning, and one who wished to become eminent in civil administration ; and that they who had received this knowledge, if they had sufficient powers for speaking in pub- lic, and devoted themselves, without any impediment from nature, to oratory, became distinguished for eloquence. Aris- totle himself, accordingly, when he saw Isocrates grow re- markable for the number and quality of his scholars [because he himself had diverted his lectures from forensic and civil causes to mere elegance of language^], changed on a sudden almost his whole system of teaching, and quoted a verse from the tragedy of Philoctetes^ with a little alteration ; for the

^ The words in brackets, says Ellendt, are certainly spurious, for they could not possibly have been written by Cicero. In the original, quod ipse, etc., ipse necessarily refers to Aristotle, of whom what is here said could never have been true.

2 The Philoctetes of Euripides, as is generally supposed.

C. XXXVI.] ON THE CHARACTER OF THE ORATOR. 233

hero said that It was disgraceful for him to he silent ivhile he allowed barbarians to speak; but Aristotle said that it teas disgraceful for him to be silent while he allowed Isocrates to speak. He therefore adorned and illustrated all philosophical learn- ing, and associated the knowledge of things with practice in speaking. Nor did this escape the knowledge of that very sagacious monarch Philip, who sent for him as a tutor for his son Alexander, that he might acquire from the same teacher instructions at once in conduct and in language. Now, if any one desires either to call that philosopher, who instructs us fully in things and words, an orator^ he may do so without opposition from me ; or if he prefer to call that orator, of whom I speak as having wisdom united with eloquence, a philosopher^ I shall make no objection, provided it be allowed that neither his inability to speak, who understands his sub- ject, but can not set it forth in words, nor his ignorance, to whom matter is wanting though words abound, can merit commendation ; and if I had to choose one of the two, I should prefer uneloquent good sense to loquacious folly. But if it be inquired which is the more eminent excellence, the palm is to be given to the learned orator ; and if they allow the same person to be a philosopher, there is an end of con- troversy ; but if they distinguish them, they will acknowledge their inferiority in this respect, that all their knowledge is in- herent in the complete orator; but in the knowledge of the philosophers eloquence is not necessarily inherent; which, though it may be undervalued by them, must of necessity be thought to give a finishing grace to their sciences." When Crassus had spoken thus, he made a pause for a while, and the rest kept silence.

XXXVI. Cotta then observed, " I can not indeed com- plain, Crassus, that you seem to me to have given a disserta- tion upon a different subject from that on which you had undertaken to speak ; for you have contributed to our conver- sation more than was either laid upon you by us, or given notice of by yourself. But certainly it was the part that be- longed to you, to speak upon the embellishments of language, and you had already entered upon it, and distributed the whole excellence of eloquence into four parts ; and, when you had spoken upon the first two, as we indeed thought suffi- ciently, but, as you said yourself, cursorily and slightly, you

234 DE ORATORE ; OR, [b. III.

had two others left : how we should speak, first, elegantly^ and next, aptly. But when you were proceeding to these particu- lars, the tide, as it were, of your genius suddenly hurried you to a distance from land, and carried you out into the deep, almost beyond the view of us all ; for, embracing all knowl- edge of every thing, you did not indeed teach it us (for that was impossible in so short a space of time), but — I know not what improvement you may have made in the rest of the com- pany — as for myself, you have carried me altogether into the heart of the academy, in regard to which I could wish that that were true which you have often asserted that it is not necessary to consume our lives in it, but that he may see every thing in it who only turns his eyes toward it : but even if the view be somewhat obscure, or I should be extraor- dinarily dull, I shall assuredly never rest, or yield to fatigue, until I understand their doubtful ways and arts of disputing for and against every question." Caesar then said, " One thing in your remarks, Crassus, struck me very much, that you said that he who did not learn any thing soon, could never thoroughly learn it at all ; so that I can have no diffi- culty in making the trial, and either immediately understand- ing what you extolled to the skies in your observations, or, if I can not do so, losing no time, as I may remain content with what I have already acquired." Here Sulpicius observed, " I, indeed, Crassus, neither desire any acquaintance with your Aristotle, nor Carneades, nor any of the philosophers; you may either imagine that I despair of being able to ac- quire their knowledge, or that, as is really the case, I despise it. The ordinary knowledge of common affairs, and such as are litigated in the forum, is great enough for me, for attain- ing that degree of eloquence w^hich is my object; and even in that narrow circle of science I am ignorant of a multitude of things, which I begin to study, whenever any cause in which I am to speak requires them. If, therefore, you are not now fatigued, and if we are not troublesome to you, revert to those particulars which contribute to the merit and splendor of language; particulars which I desired to hear from you, not to make me despair that I can ever possibly attain elo- quence, but to make some addition to my stock of learning." XXXVIL '^You require of me," said Crassus, ^' to speak on matters which are very well known, and with which you,

C. XXXVIII.] ON THE CHARACTER OF THE ORATOR. 235

Sulpicius, are not unacquainted ; for what rhetorician has not treated of this subject, has not given instructions on it, has not even left something about it in writing? But I will com- ply with your request, and briefly explain to you at least such points as are known to me ; but I shall still think that you ought to refer to those who are the authors and inventors of these minute precepts. All speech, then, is formed of words, which we must first consider singly, then in composi- tion ; for there is one merit of language which lies in single words, another which is produced by words joined and com- pounded. We shall therefore either use such words as are the proper and fixed names as it were of things, and appar- ently almost born at the same time with the things them- selves; or such as are metaphorical, and placed as it were in a situation foreign to them ; or such as we invent and make ourselves. In regard, then, to words taken in their own proper sense, it is a merit in the orator to avoid mean and obsolete ones, and to use such as are choice and ornamental ; such as have in them some fullness and force of sound. But in this kind of proper words, selection is necessary, which must be decided in some measure by the judgment of the ear ; in which point the mere habit of speaking well is of great eiFect. Even what is vulgarly said of orators by the illiterate multitude. He uses proper words^ or Such a one uses improper words, is not the result of any acquired skill, but is a judg- ment arising from a natural sense of what is right ; in w^hich respect it is no great merit to avoid a fault (though it is of great importance to do so) ; yet this is the groundwork, as it were, and foundation of the whole, namely, the use and com- mand of proper words. But the superstructure which the orator himself is to raise upon this, and in which he is to dis- play his art, appears to be a matter for us to examine and illustrate.

XXXVIII. There atxe three qualities, then, in a simple word, which the ora tor may employ to illustrate and adorn his language i he may choose either an unusual word, or one that is new or metaphorical. Unusual words are generally of ancient date and fashion, and such~as have been long out of use in daily conversation ; these are allowed more freely to poetical license than to ours ; yet a poetical word gives occa- sionally dignity also to oratory ; nor would I shrink from

236 BE ORATORE; or, [b. III.

saying, with Coelius, Qua tempestate Poenus in Italiam venit, ' At the season when the Carthaginian came into Italy :' nor proleSj ' progeny ;' nor suboles, ' offspring ;' nor effa7^iy ' to utter ;' nor nuncuparij ' to declare ;' nor, as you are in the habit of saying, Catulus, non rebar, ' I did not deem ;' nor non qpi?iabar, ' I did not opine ;' nor many others, from which, if properly introduced, a speech assumes an air of greater grandeur. JVew words are such as are produced and formed by the speaker ; either by joining words together, as these,

• • ' Turn pavor sapientiam omnem mi exanimato expectorate

Then fear expels all wisdom from the breast

Of me astonished ; * or,

• ' * Nwn non vis hujus me versutiloquas malitias ?

Would you not have me dread his cunning malice V

for you see that versutiloquas and expectorat are words not newly produced, but merely formed by composition. But words are often invented, without composition, as the ex- pression of Ennius,^ Dii genitales, ' the genial gods ;' or bac- carmn ubertate incm^iscere, 'to bend down with the fertile crop of berries.'

"The third mode, that of using words in a metaphorical sense, is widely prevalent, a mode of which necessity was the parent, compelled by the sterility and narrowness of language ; but afterward delight and pleasure made it frequent ; for as a dress was first adopted for the sake of keeping off the cold, but in process of time began to be made an ornament of the body and an emblem of dignity, so the metaphorical use of words was originally invented on account of their paucity, but became common from the delight which it afforded. For even the countrymen say, gemmare vites, that ' the vines are bud- ding ;' luxuriem esse in herbis^ that ' there is a luxuriancy in the grass ;' and loitas segetes, that ' there is a bountiful crop ;' for when that which can scarcely be signified by its proper word is expressed by one used in a metaphorical sense, the similitude taken from that which we indicate by a foreign term gives clearness to that which we wish to be understood.

^ All the editions retain ille senius, though universally acknowledged to be corrupt. The conjecture of Turnebus, ille Ennius, has found most favor; that of OrelUus, ilhtd Eiinii, is approved by Ellendt. That the words di genitales were used by Ennius appears from Servius on Virg., iEn., vi., 764.

C. XXXIX.] ON THE CHARACTER OF THE ORATOR. 237

These metaphors, therefore, are a species of borrowing, as you take from something else that which you have not of your own. Those have a greater degree of boldness which do not show poverty, but bring some accession of splendor to our language. But why should I specify to you either the modes of their production or their various kinds *?

XXXIX. "A metaphor is a brief similitude contracted into a single word ; which word being put in the place of an- other, as if it were in its own place, conveys, if the resem- blance be acknowledged, delight ; if there is no resemblance, it is condemned. But such words should be metaphorically used as may make the subject clearer ; as all these 'J

" ^ Inhorrescit mare, Tenehroi conduplicantur, noctisque et nimhum occcecat nigror, Flmnma inter nuhes cot^uscat, ccelum tonitru contreinit, Grando jjiixta imbri largifluo suhita prcpcipitans cadit ; Undique omnes venti ermnpunt, scevi existunt turbines ; Fervit (xstu pelagus.

The sea begins to shudder, Darkness is doubled ; and the black of night And of the tempest thickens ; fire gleams vivid Amid the clouds ; the heavens with thunder shake ; Hail mixed with copious rain sudden descends Precipitate ; from all sides every blast Breaks forth ; fierce whirlwinds gather, and the flood Boils with fresh tumult.'

Here almost every thing is expressed in words metaphorically adapted from something similar, that the description may be heightened. Or metaphors are employed that the whole na- ture of any action or design may be more significantly ex- pressed, as in the case of him who indicates, by two metaphor- ical words, that another person was designedly obscure, in order that what he intended might not be understood, " ' Quandoquidem is se drcumvestit dictis, scepit sedulo,

Since thus he clothes himself around with words,

And hedges constantly.'

Sometimes, also, brevity is the object attained by meta- phor ; as. Si telum manu fugit, ' If from his hand the javelin fled.' The throwing of a missile weapon unawares could not be described with more brevity in the proper words than it is signified by one used metaphorically. On this head, it often appears to me wonderful why all men are more delighted with ^ From Pacuvius. See Cic, Divin., i., 14.

238 DE oratore; or, [b.iii.

words used in a metaphorical or foreign sense than in their own proper and natural signification. XL. For if a thing has not a name of its own, and a term peculiar to it — as the pes^ or ' hawser,' in a ship ; nexum, a ' bond,' which is a cere- mony performed with scales ;^ divortium^ a ' divorce,' with reference to a wife^ — necessity compels you to borrow from another what you have not yourself; but, even in the greatest abundance of proper words, men are much more charmed with such as are uncommon, if they are used metaphoricall}^ with judgment. This happens, I imagine, either because it is some manifestation of wit to jump over such expressions as lie be- fore you, and catch at others from a greater distance ; or be- cause he who listens is led another way in thought, and yet does not wander from the subject, which is a very great pleas- ure ; or because a subject, and entire comparison, is dis- patched in a single word ; or because every metaphor that is adopted with judgment, is directed immediately to our senses, and principally to the sense of sight, which is the keenest of them all. For such expressions as the odor of urbanity, the softness of humanity, the murmur of the sea, and sweetness of language, are derived from the other senses ; but those which relate to the sight are much more striking, for they place al- most in the eye of the mind such objects as we can not see and discern by the natural eyes. There is, indeed, nothing in universal nature, the proper name and term of which we may not use with regard to other matters ; for whencesoever a simile may be drawn (and it may be drawn from any thing), from thence a single word, which contains the resemblance, metaphorically applied, may give illustration to our language. In such metaphorical expressions, dissimilitude is principally to be avoided ; as,

• • ' Coeliingentes fornices,

The arch immense of heaven ;' for though Ennius^ is said to have brought a globe upon the stage, yet the semblance of an arch can never be inherent in the form of a globe.

^ See Smith's Diet, of Gr. and Rom. Ant., art. Nexum.

^ Divortium^ in its proper sense, denoted the separation of roads or waters.

^ In his tragedy of Hecuba, as is supposed by Hermann, ad Eurip., Hec, p. 167. See VaiTo, L. L., v., p. 8.

C. XLI.] ON THE CHARACTER OF THE ORATOR. 239

• ' ' Vive, UlixeSj dum licet :

OcuUs postremum lumen radiatum rape :^

Live, live, Ulysses, while you may, and snatch, Snatch with thine eyes the last light shining on them.'

He did not say cape, ' take,' nor pete, ' seek/ for such expres- sions might have implied delay, as of one hoping to live longer ; but rape, ' snatch,' a word v^hich was peculiarly suit- able to what he had said before, dum licet, ' while you may.'

XLI. " Care is next to be taken that the simile be not too far-fetched ; as, for ' the Syrtis of his patrimony,' I should rather have said, ' the rock ;' for ' the Charybdis of his posses- sions,' rather 'the gulf:' for the eyes of the mind are more easily directed to those objects which we have seen, than to those of which we have only heard. And since it is the greatest merit in a metaphorical word that what is meta- phorical should strike the senses, all ofFensiveness is to be avoided in those objects to which the comparison must natu- rally draw the minds of the audience. I would not have it said that the republic was ' castrated' by the death of Africa- nus ; I would not have Glaucia called ' the excrement of the senate ;' for though there may be a resemblance, yet it is a depraved imagination in both cases that gives rise to such a comparison. I would not have the metaphor grander than the subject requires, as ' a tempest of reveling ;' nor meaner, as ' the reveling of the tempest.' I would not have the met- aphorical be of a more confined sense than the proper and peculiar term would have been ; as,

" ' Quidnam est, obsecro, quid te adiri ahnutas?^

Why is it, prithee, that thou nodd'st us back From coming to thee?'

Yetas, prohibes, ahsterres, 'forbid,' 'hinder/ 'terrify/ had been better, because he had before said,

' ' * Fly quickly hence, ^ Lest my contagion or my shadow fall On men of worth.'

Also, if you apprehend that the metaphor may appear too

^ Supposed by Bothe, Trag. Lat. Fragm., p. 278, to be from the Niptra of Pacuvius. See Cic, Quaest. Acad., ii., 28.

^ From the Thyestes of Ennius. Cic, Tusc, iii., 12.

^ Orellius's text has istim, which is considered to be the same as istinc. See Victorius, ad Cic. Ep. ad Div., vi., 6.

240 DE oratore; or, [b. in.

harsh, it may frequently be softened by prefixing a word or words to it ; as if, in old times, on the death of Marcus Cato, any one had said that the senate was left ' an orphan,' the ex- pression had been rather bold ; but, ' so to speak, an orphan,' is somewhat milder; for a metaphor ought not to be too daring, but of such a nature that it may appear to have been introduced into the place of another expression, not to have sprung into it ; to have come in by entreaty, and not by vio- lence. And there is no mode of embellishment more effective as regards single words, nor any that throws a greater lustre upon language ; for the ornament that flows from this figure does not consist merely in a single metaphorical word, but may be connected by a continuation of many, so that one thing may be expressed and another understood ; as,

'^ *Nor will I allow Myself again to strike the Grecian fleet On the same rock and instrument of ruin.'^

And this,

" ^ You err, you err, for the strong reins of law Shall hold you back, exulting and confiding Too much in your own self, and make you bow Beneath the yoke of empire.'

Something being assumed as similar, the words which are proper to it are metaphorically transferred (as I termed it be- fore) to another subject.

XLII. " This is a great ornament to language, but obscu- rity is to be avoided in it ; for from this figure arise what are called senigmas. Nor is this rule to be observed in single words only, but in phrases, that is, in a continuation of words. Nor have metonymy and hypallage^ their form from a single word, but from a phrase or sentence ; as,

• ' * Grim Afric trembles with an awful tumult f ^

where for the Africans is used Afric ; not a word newly com- pounded, as in Mare saxifragis undis^ ' The sea with its rock- breaking waves ;' nor a metaphorical one, as, Mollitur mare^ ' The sea is softened ;' but one proper name exchanged for

^ Whence this and the following quotation are taken is uncertain.

^ Traductio atque immutatio. See Cic, Orat., 27 ; Quint., viii., 6 ; ix., 3 ; infra, c. 43, 54.

^ From the Annals of Ennius. See Cic, Ep. ad Div., ix., 7; Orat, 27; 'Festiis y. 7neton7/??i2a.

C. XLIII.] ON THE CHARACTER OF THE ORATOR. 241

another, for the sake of embellishment. Thus, ' Cease, Home, thy foes to cherish,' and, ' The spacious plains are witnesses.' This figure contributes exceedingly to the ornament of style, and is frequently to be used ; of which kind of expression these are examples : that the Mars, or fortune, of war is com- mon ; and to say Ceres, for corn ; Bacchus, for wine ; Neptune, for the sea ; the curia, or house, for the senate ; the campus, for the comitia or elections ; the gown, for peace ; arms or weap- ons, for war. Under this figure, the virtues and vices are used for the persons in whom they are inherent : ^ Luxury has broken into that house ;' or, ' whither avarice has penetrated ;' or, 'honesty has prevailed;' or, 'justice has triumphed.' You perceive the whole force of this kind of figure, when, by the variation or change of a word, a thing is expressed more ele- gantly ; and to this figure is closely allied another,^ which, though less ornamental, ought not to be unknown ; as when we would have the whole of a thing understood from a part ; as we say walls or roof for a whole building ; or a part from the whole, as when we call one troop the cavalry of the Ro- man people; or when we signify the plural by the singular, as,

• • ' But still the Roman, though the affair has been

Conducted well, is anxious in his heart ;'2

or when the singular is understood from the plural,

• • * We that were Radians once are Romans now;'

or in whatever way, by this figure, the sense is to be under- stood, not as it is expressed, but as it is meant.

XLIII. " We often also put one word catachrestically for another, not with that elegance, indeed, which there is in a metaphor ; but, though this is done licentiously, it is some- times done inoffensively ; as when we say a great speech for a long one, a minute soul for a little one.

" But have you perceived that those elegances which arise from the connection of several metaphors, do not, as I ob- served, ^ lie in one word, but in a series of words'? But aU those modes of expression which, I said, lay in the change of a word, or are to be understood differently from what is ex-

^ Synecdoche.

^ This quotation and the following are from the Annals of Ennius.

3 C. 41.

L

242 DE ORATORE ; OR, [b. in.

pressed, are in some measure metaphorical. Hence it hap- pens, that all the virtue and merit of single words consists in three particulars : if a word be antique, but such, however, as usage will tolerate ; if it be formed b?/ composition, or newly invented, where regard is to be paid to the judgment of the ear and to custom ; or if it be used metaphorically ; peculiari- ties which eminently distinguish and brighten language, as with so many stars.

^'The composition of words follows next, which principally requires attention to two things ; first, collocation, and, next, a certain modulation and form. To collocation it belongs to compose and arrange the words in such a way that their junction may not be rough or gaping, but compact, as it were, and smooth ; in reference to which qualities of style, the poet Lucilius, who could do so most elegantly, has ex- pressed himself wittily and sportively in the character of my father-in-law:^

• ' ' How elegantly are his words arranged !

All like square stones inserted skillfully In pavements, with vermiculated emblems !*

And after saying this in ridicule of Albucius, he does not re- frain from touching on me :

• * ' I've Crassus for a son-in-law, nor think

Yourself more of an orator.'

Wliat then ? this Crassus, of whose name you, Lucilius, make such free use, what does he attempt? The very same thing indeed as Sca^vola wished, and as I would wish, but with somewhat better effect than Albucius. But Lucilius spoke jestingly with regard to me, according to his custom. How- ever, such an arrangement of words is to be observed, as that of which I was speaking ; such a one as may give a com- pactness and coherence to the language, and a smooth and equal flow; this you will attain if you join the extremities of the antecedent words to the commencements of those that follow in such a manner that there be no rough clashing in the consonants, nor wide hiatus in the vowels.

XLIV. "Next to diligent attention to this particular fol- lows modulation and harmonious structure of the words ; a point, I fear, that may seem puerile to our friend Catulus here. The ancients, however, imagined in prose a harmony 1 Mucius Scsevola. He accused Albucius of extortion.

C. XLV.] ON THE CHARACTER OF THE ORATOR. 243

almost like that of poetry; that is, they thought that we ought to adopt a sort of numbers ; for they wished that there should be short phrases in speeches, to allow us to recover, and not lose our breath ; and that they should be distin- guished, not by the marks of transcribers, but according to the modulation of the words and sentences ;^ and this prac- tice Isocrates is said to have been the first to introduce, that he might (as his scholar Naucrates writes) ' confine the rude manner of speaking among those of antiquity within certain numbers, to give pleasure and captivate the ear.' For musi- cians, who were also the poets of former ages, contrived these two things as the ministers of pleasure, verse, and song ; that they might banish satiety from the sense of hearing by gratifi- cation, arising from the numbers of language and the modula- tion of notes. These two things, therefore (I mean the mu- sical management of the voice, and the harmonious structure of words), should be transferred, they thought, as far as the strictness of prose will admit, from poetry to oratory. On this head it is remarkable, that if a verse is formed by the composition of words in prose, it is a fault ; and yet we wish such composition to have a harmonious cadence, roundness, and finish, like verse ; nor is there any single quality, out of many, that more distinguishes a true orator from an unskill- ful and ignorant speaker, than that he who is unpracticed pours forth all he can without discrimination, and measures out the periods of his speech, not with art, but by the power of his breath ; but the orator clothes his thoughts in such a manner as to comprise them in a flow of numbers, at once confined to measure, yet free from restraint ; for, after re- stricting it to proper modulation and structure, he gives it an ease and freedom by a variety in the flow, so that the words are neither bound by strict laws, as those of verse, nor yet have such a degree of liberty as to wander without control.

XLV. In what manner, then, shall we pursue so import- ant an object, so as to entertain hopes of being able to acquire this talent of speaking in harmonious numbers ? It is not a matter of so much difficulty as it is of necessity ; for there is nothing so pliant, nothing so flexible, nothing which will so easily follow whithersoever you incline to lead it, as language ; ^ EUendt aptly refers to Cic, Orat., c. Q^-^ Aristotle, Rhet., iii., 8, 6.

244 DE ORATORE ; OR, [b. III.

out of which verses are composed ; out of which all the varie- ty of poetical numbers ; out of which also prose of various modulation and of many different kinds ; for there is not one set of words for common discourse, and another for oratorical debate ; nor are they taken from one class for daily conversa- tion, and from another for the stage and for display; but, when we have made our selection from those that lie before us, we form and fashion them at our pleasure like the softest wax. According, therefore, as we ourselves are grave, or subtle, or hold a middle course between both, so the form of our lan- guage follows the nature of our thoughts, and is changed and varied to suit every method by which we delight the ear or move the passions of mankind. But as in most things, so in language, Nature herself has wonderfully contrived, that what carries in it the greatest utility, should have at the same time either the most dignity, or, as it often happens, the most beauty. We perceive the very system of the universe and of nature to be constituted with a view to the safety and pres- ervation of the whole ; so that the firmament should be round, and the earth in the middle, and that it should be held in its place by its own nature and tendency ;^ that the sun should go round, that it should approach to the winter sign,^ and thence gradually ascend to the opposite region ; that the moon, by her advance and retreat, should receive the light of the sun ; and that the five planets should perform the same revolutions by different motions and courses. This order of things has such force, that, if there were the least alteration in it, they could not possibly subsist together; and such beauty, that no fairer appearance of nature could even be imagined. Turn your thoughts now to the shape and figure of man, or even that of other animals ; you will find no part of the body fashioned without some necessary use, and the whole frame perfected, as it were, by art, not by chance. XL VI. How is it with regard to trees, of which neither the trunk, nor the boughs, nor even the leaves, are formed otherwise than to maintain and preserve their own nature, yet in which there is no part that is not beautiful? Or let us turn from natural objects, and cast our eyes on those of art ; what is so

1 Nutu. Compare Cic, De Nat. Deor., ii., 39. Ellendt thinks that by nutus is meant something similar to our centripetal force.

2 Bruniale signum. The tropic of Capricorn. De Nat. Deor., iii., 14.

C. XLVII.] ON THE CHARACTER OF THE ORATOR. 245

necessary in a ship as the sides, the hold,^ the prow, the stern, the yards, the sails, the masts? which yet have so much beauty in their appearance, that they seem to have been invented not for safety only, but also for the delight afforded by the spectacle. Pillars support temples and porticoes, and yet have not more of utility than of dignity. It was not re- gard to beauty, but necessity, that contrived the cupola of the Capit'bl, and other buildings ; for when a plan was con- templated by which the water might run off from each side of the roof, the dignity of the cupola was added to the utility of the temple ; but in such a manner, that should the Capitol be built in heaven, where no rain can fall, it would appear to have no dignity without the cupola. It happens likewise in all parts of language, that a certain agreeableness and grace are attendant on utility, and, I may say, on necessity; for the stoppage of the breath, and the confined play of the lungs, introduced periods and the pointing of words. This invention gives such gratification, that, if unlimited powers of breath were granted to a person, yet we could not wish him to speak without stopping ; for the invention of stops is pleasing to the ears of mankind, and not only tolerable, but easy, to the lungs.

XLVII. " The largest compass of a period, then, is that which can be rounded forth in one breath. This is the bound set by nature ; art has other limits ; for as there is a great variety of numbers, your favorite Aristotle, Catulus, in- clines to banish from oratorical language the frequent use of the iambus and the trochee; which, however, fall of them- selves naturally into our common discourse and conversation ; but the strokes of time^ in those numbers are remarkable, and

^ Cavernce. Some editions have carince, and Lambinus reads carina. If we retain cavernce, it is not easy to say exactly in what sense it should be taken. Servius, on Virgil, ^n., ii., 19, observes that the /^istes curvi navium, quibus extrinsecus Jabulce affiguntur, were called cavernce ; but in this sense, as EUendt observes, it is much the same with latera, which precedes. Ellendt himself, therefore, inclines to take it in the sense of cavitas alvei, "hold" or keel," which, as it is divided into parts, may, he thinks, be expressed in the plural number.

^ Percussiones, The ictus metrici; so called, because the musician, in beating time, struck the ground with his foot. In a senarius he struck the ground three times, once for every two feet; whence there were said to be in such a verse three ictus or per^cussiones. But on pronounc- ing those syllables, at which the musician struck the ground, the actor

246 DE ORATORE; or, [b. III.

the feet short. He therefore principally invites us to the heroic measure [of the dactyl, the anapaest, and the spondee],^ in which we may proceed with impunity two feet only, or a little more, lest we plainly fall into verse, or the resemblance

of verse ;

'Altai I sunt g^mi\nce quihus — '

These three heroic feet fall in gracefully enough with the be- ginnings of continuations of words. But the paeon is most of all approved by Aristotle ; it is of two kinds \'^ for it either begins with a long syllable which three short syllables follow, as in these w^ords, desinlte^ incipite^ cdmprwnte; or with a suc- cession of three short syllables, the last being produced and made long, as in these words, domuerdnt^ sonipedes; and it is agreeable to the notions of that philosopher to commence wath the former paeon, and to conclude with the latter ; and this latter paeon is almost equal, not indeed in the number of the syllables, but by the measure of the ear, wiiich is a more acute and certain method of judgment, to the cretic, which consists of a long, a short, and a long syllable ; as in this verse,

• ' ' Quid p^td7n jyrcesidl, aut exs^qudr? Qziove 7iuncf^

With which kind of foot Fannius* began, Sl^ QuwUes, Mmds illius. This Aristotle thinks better adapted to conclusions of periods, which he wishes to be terminated generally by a syl- lable that is long.

XX<VIII. '^ But these numbers in oratory do not require such sharp-sighted care and diligence as that which must be used by poets, whom necessity compels, as do the very num- bers and measures, so to include the words in versification, as

raised his voice ; and hence percussio was in Greek dpaic, and the raised or accented syllables were said to be ev upoei, the others being said to be in dtacL. See Bentley, de Metr. Terentian., init. Ernesti.

^ Madvig and Ellendt justly regard the words in brackets as spurious. I follow those critics also in reading Alice sunt gemince quihus, though, as Ellendt observes, Altce ought very likely to be ArcE. Alice, which is in most editions, made the passage utterly inexplicable, though Ernesti, Streboeus, and others did what they could to put some meaning into it.

2 The first and fourth only are meant.

^ C. 2G ; where Pearce obseiTcs that they are the words of Andro- mache in Ennius, according to Bentley on Tusc. Disp., iii., 19.

• Caius Fannius Strabo, who was consul A.u.c. 632. He left one

speech against Caius Gracchus : Cic, Brut., c. 26.

C. XLVni.] ON THE CHARACTER OF THE ORATOR. 247

that no part may be, even by the least breath,^ shorter or longer than the metre absolutely demands. Prose has a more free scope, and is plainly, as it is called, soluta, uncon- fined, yet not so that it may fly off or wander without con- trol, but may regulate itself without being absolutely in fet- ters; for I agree in this particular with Theophrastus, who thinks that style, at least such as is to a certain degree pol- ished and well constructed,^ ought to be numerous, yet not as in confinement, but at ease. For, as he suspects, from those feet of which the common hexameter verse is formed, grew forth afterward the anapaestic, a longer kind of measure; thence flowed the still more free and rich dithyramb, the members and feet of which, as the same writer observes, are diffused through all style, that is enriched with the distin- guishing ornaments of eloquence. And if that is numerous in all sounds and words, which gives certain strokes as it were, and which we can measure by equal intervals, this harmony of numbers, if it be free from sameness, will be just- ly considered a merit in the oratorical style. Since, if per- petual and ever-flowing loquacity, without any pauses, is to be thought ruda and unpolished, what other reason is there why it should be disliked, except that Nature herself modu- lates the voice for the human ear ? and this could not be the case unless numbers were inherent in the human voice. But in an uninterrupted continuation of sound there are no num- bers ; distinction, and strokes at equal or often varied inter- vals, constitute numbers ; which we may remark in the fall- ing of drops of water, because they are distinguished by in- tervals, but which we can not observe in the rolling stream of a river. But as this unrestrained composition of words^ is more eligible and harmonious, if it be distinguished into parts and members, than if it be carried on without intermission, those members ought to be measured by a certain rule of pro- portion ; for if those at the end are shorter, the compass, as it were, of the words is made irregular ; the compass,* I say, for so the Greeks denominate these rounded divisions of

^ iVe spiritu qiddem ininimo,

^ Facta. That is, carefully labored. See Brut., c. 8. Ellendt, ^ Continuatio verhoi'um soluta. See above, near the beginning of this chapter, oratio — vere soluta,

• Ambitus, The Greek word is irepiodog. See Orat., c. 61.

248 BE oratore; or, [b.iii.

style ; the subsequent clauses in a sentence, therefore, ought to be equal to the antecedent, the last to the first ; or, which has a better and more pleasing effect, of a greater length.

XLIX. "These precepts are given by those philosophers to whom you, Catulus, have the greatest attachment; a re- mark which I the oftener make, that by referring to my au- thors, I may avoid the charge of impertinence." " Of what sort of impertinence'?" said Catulus; "or what could be brought before us more elegant than this discussion of yours, or expressed more judiciously?" "But still I am afraid," said Crassus, "lest these matters should either appear to these youths^ too difficult for study, or lest, as they are not given in the common rules of instruction, I should appear to have an inclination that they should seem of more importance and difficulty than they really are." Catulus replied, " You are mistaken, Crassus, if you imagine that either I or any of the company expected from you those ordinary or vulgar precepts ; what you say is what we wished to be said ; and not so much indeed to be said, as to be said in the very man- ner in which you have said it ; nor do I answer for myself only, but for all the rest, without the least hesitation." " And I," said Antonius, " have at length discovered such a one as, in the book which I v^ote, I said that I had never found, a person of eloquence ; but I never interrupted you, not even to pay you a compliment, for this reason, that no part of the short time allotted for your discourse might be dimin- ished by a single word of mine."

" To this standard, then," proceeded Crassus, " is your style to be formed, as well by the practice of speaking as by writing, which contributes a grace and refinement to other excellences, but to this in a more peculiar manner. Nor is this a matter of so much labor as it appears to be ; nor are our phrases to be governed by the rigid laws of the cultiva- tors of numbers and music ; and the only object for our en- deavors is, that our sentences may not be loose or rambling, that they neither stop within too narrow a compass, nor run out too far ; that they be distinguished into clauses, and have well-rounded periods. Nor are you to use perpetually this fullness, and, as it were, roundness of language, but a sen- tence is often to be interrupted by minuter clauses, which

^ Cotta and Sulpicius.

C. L.] ON THE CHARACTER OF THE ORATOR. 249

very clauses are still to be modulated by numbers. Nor let the paeon or heroic foot give you any alarm ; they will natu- rally come into your phrases ; they will, I say, offer them- selves, and will answer without being called ; only let it be your care and practice, both in writing and speaking, that your sentences be concluded with verbs, and that the junction of those verbs with other words proceed with numbers that are long and free, especially the heroic feet, the first paeon, or the cretic ; but let the cadence be varied and diversified ; for it is in the conclusion that sameness is chiefly remarked. And if these measures are observed at the beginning and at the conclusion of sentences, the intermediate numbers may be disregarded ; only let the compass of your sentence not be shorter than the ear expects, nor longer than your strength and breath will allow.

L. " But I think that the conclusions of periods ought to be studied more carefully than the former parts; because it is chiefly from these that the finish of style is judged; for in a verse, the commencement of it, the middle, and the ex- tremity are equally regarded ; and in whatever part it fails, it loses its force ; but in a speech, few notice the beginnings, but almost all the doses, of the periods, wliich, as they are (^scrvable and best understood, should be varied, lest they be disapproved, either by the judgment of the understanding or by the satiety of the ear. For the two or three feet toward the conclusion are to be marked and noted, if the preceding members of the sentence were not extremely short and con- cise ; and these last feet ought either to be trochees, or heroic feet, or those feet used alternately, or to consist of the latter paeon, of which Aristotle approves, or, what is equal to it, the cretic. An interchange of such feet will have these good effects, that the audience will not be tired by an offensive sameness, and that we shall not appear to make similar end- ings on purpose. But if the famous Antipater of Sidon,^ whom you, Catulus, very well remember, used to pour forth extempore hexameter and other verses, in various numbers and measures, and if practice had so much power in a man of great ability and memory, that whenever he turned his thoughts and inclinations upon verse, the words followed of

^ Some of whose epigrams are to be seen in the Greek Anthology. He flourished about 100 B.C.

L2

250 DE ORATORE ; OR, [b. in.

course, how much more easily shall we attain this facility in oratory, when application and exercise are used !

" Nor let any one wonder how the illiterate part of an audience observe these things when they listen to a speech; since, in all other things as well as in this, the force of nature is great and extraordinary ; for all men, by a kind of tacit sense, without any art or reasoning, can form a judgment of what is right and wrong in art and reasoning; and as they do this with regard to pictures, statues, and other works, for understanding which they have less assistance from nature, so they display this faculty much more in criticising words, numbers, and sounds of language, because these powers are inherent in our common senses, nor has nature intended that any person should be utterly destitute of judgment in these particulars. All people are accordingly moved, not only by words artfully arranged, but also by numbers and the sounds of the voice. How few are those that understand the science of numbers and measures ! yet if in these the smallest offense be given by an actor, so that any sound is made too short by contraction, or too long by extension, whole theatres burst into exclamations. . Does not the same thing also happen with regard to musical notes, that not only whole sets and bands of musicians are turned out by the multitude and the popu- lace for varying one from another, but even single performers for playing out of tune 1

LI. '^ It is wonderful, when there is a wide interval of dis- tinction betwixt the learned and illiterate in acting, how little difference there is in judging ;i for art, being derived from nature, appears to have effected nothing at all if it does not move and delight nature. And there is nothing which so naturally affects our minds as numbers and the harmony of sounds, by which we are excited, and inflamed, and soothed, and thrown into a state of languor, and often moved to cheer- fulness or sorrow ; the most exquisite power of which is best suited to poetry and music, and was not, as it seems to me, undervalued by our most learned monarch Numa and our an- cestors (as the stringed and wind instruments at the sacred banquets and the verses of the Salii sufficiently indicate), but was most cultivated in ancient Greece ; [concerning which subjects, and similar ones, I could wish that you had chosen ' See Cic, Brut., c. 49.

C. LII.] ON THE CHARACTER OF THE ORATOR. 251

to discourse, rather than about these pueHle verbal meta- phors!]' But as the common people notice where there is any thing faulty in a verse, so they are sensible of any lame- ness in our language ; but they grant the poet no pardon ; to us they show some indulgence ; but all tacitly discern that what we have uttered has not its peculiar propriety and fin- ish. The speakers of old, therefore, as we see some do at the present day, when they were unable to complete a circuit, and, as it were, roundness of period (for that is what we have recently begun, indeed, either to effect or attempt), spoke in clauses consisting of three, or two words, or sometimes utter- ed only a single word at a time ; and yet in that infancy of our tongue they understood the natural gratification which the human ears required, and even studied that what they spoke should be expressed in correspondent phrases, and that they should take breath at equal intervals,

LII. " I have now shown, as far as I could, what I deemed most conducive to the embellishment of language ; for I have spoken of the merits of single words ; I have spoken of them in composition ; I have spoken of the harmony of numbers and structure. But if you wish me to speak also of the form and, as it were, complexion of eloquence, there is one sort which has a fullness, but is free from tumor; one which is plain, but not without nerve and vigor ; and one which, par- ticipating of both these kinds, is commended for a certain middle quality. In each of these three forms there ought to be a peculiar complexion of beauty, not produced by the daub- ing of paint, but diffused throughout the system by the blood. Then, finally,^ this orator of ours is so to be finished as to his style and thoughts in general, that, as those who study fencing and polite exercises, not only think it necessary to acquire a skill in parrying and striking, but also grace and elegance of motion, so he may use such words as are suited to elegant and graceful composition, and such thoughts as contribute to the impressiveness of language. Words and

^ The words in brackets are condemned as spurious by all the recent editors.

^ Turn denique, EUendt incloses turn in brackets, and thinks that much of the language of the rest of the chapter is confused and incor- rect. The words ut ii, qui in armorum tractatione versantur,^ which oc- cur a little below, and which are generally condemned, are not trans- lated.

252 DE oratore; or, [b. m.

thoughts are formed in almost innumerable ways, as is, I am sure, well known to you ; but betwixt the formation of words and that of thoughts there is this difference, that that of the words is destroyed if you change them, that of the thoughts remains, whatever words you think proper to use. But I think that you ought to be reminded (although, in- deed, you act agreeably to what I say) that you should not imagine there is any thing else to be done by the orator, at least any thing else to produce a striking and admirable ef- fect, than to observe these three rules with regard to single words; to use frequently metaphorical ones, sometimes new ones, and rarely very old ones.

But with regard to continuous composition, when we have acquired that smoothness of junction and harmony of numbers which I have explained, our whole style of oratory is to be distinguished and frequently interspersed with brilliant lights, as it were, of thoughts and of words. LIU. For the dwelling on a single circumstance has often a considerable effect ; and a clear illustration and exhibition of matters to the eye of the audience, almost as if they were transacted before them. This has wonderful influence in giving a representation of any af- fair, both to illustrate what is represented, and to amplify it, so that the point which w^e amplify may appear to the audience to be really as great as the powers of our language can repre- sent it. Opposed to this is rapid transition over a thing, which may often be practiced. There is also signification that more is to be understood than you have expressed ; distinct and con- cise brevity ; and extenuation^ and, what borders upon this, ridi- cule, nci very different from that which was the object of Caesar's instructions ; and digression from the subject, and when gratification has thus been afforded, the return to the subject ought to be happy and elegant; proposition of what you are about to say, transition from what has been said, and retrogres- sion ; there is repetition ; apt conclusion of reasoning ; exagger- ation, or surpassing of the truth, for the sake of amplification or diminution ; interrogation^ and, akin to this, as it were, con- sultation or seeming inquiry, followed by the delivery of your own opinion ; and dissimulation^ the humor of saying one thing and signifying another, which steals into the minds of men in a peculiar manner, and which is extremely pleasing when it is well managed, not in a vehement strain of language, but in a

C. LIV.j ON THE CHARACTER OF THE ORATOR. 253

conversational style ; also douht ; and distribution ; and correc- «»»>^^ -* tio7i of yourself, either before or after you have said a thing, or when you repel any thing from yourself; there is also pre- .^^ munition^ with regard to what you are going to prove ; there is the transference of blame to another person ; there is com- munication^ or consultation, as it were, with the audience before whom you are speaking; imitation of manners and character, -^ either with names of persons or without, which is a great or- nament to a speech, and adapted to conciliate the feelings even in the utmost degree, and often also to rouse them ; the intro- duction of fictitious characters^ the most heightened figure of ex- aggeration ; there is descrijytion ; falling into a ivillful mistake ; - . excitement of the audience to cheerfulness; anticipation; compar- P^,^^ tson and example, two figures which have a very great effect ; Jl division ; interruption ; contention ;^ siqjpression ; commendation ; ^ - Jf a certain freedom and even uncontrolledness of language, for the \^ purpose of exaggeration; anger; reproach; promise; depre-^^$^^S cation ; beseeching ; slight deviation from your intended course, f\^%^ but not like digression, which I mentioned before ; expurga- fC tion ; conciliation; attack; luishing ; execration. Such are the^'^t^^ figures with which thoughts give lustre to a speech.

• • Liy. Of words themselves, as of arms, there is a sort of

threatening and attack for use, and also a management for grace. For the reiteration of words has sometimes a peculiar force, and sometimes elegance ; as well as the variation or de- flexion of a word from its common signification ; and the fre- quent repetition of the same word in the beginning, and recur- rence to it at the end, of a period ; forcible emphasis on the same words ; conjunction /^ adjunction ;^ progression ;^ a sort of ^ 7 (^ distinction as to some word often used; the recall of a word; ^^0 the use of words, also, which end similarly, or have similar

• Contentio. This is doubtless some species of comparison ; there is

no allusion to it in the Orator. See ad Herenn., iv., 45. EllendU

2 Concursio. The writer ad Herenn., iv., 14, calls this figure t?^aduc- tio ; the Greeks (rvfiTrXoicrj, Ellendt,

^ Adjunctio. It appears to be that which Quintilian (ix., 3) calls (TvvE^evyfjLsvov, where several words are connected with the same verb. Ellendt.

• What progressio is, no critic has been able to inform us, nor is there

any notice of it in any other writer on rhetoric. I see no mode of ex- plaining the passage, unless we take adjunctio and progressio together, and suppose them to signify that the speech proceeds with several words in conjunction. Ellendt,

^M}

254 DE ORATORE ; OR, [b. ni.

cadences, or which balance one another, or which correspond to one another. There is also a certain gradation^ a conver- sion^'^ an elegant exaggeration of the sense of words; there is antithesis^ amjndeton^ declination^'^ reprehension^^ exclamation^ dim- inution ; the use of the sarne word in different cases; the refer- ring of what is derived from many particulars to each particular singly; reasoning subservient to yoxxv proposition^ Sindi reasoning ^H.y suited to the order of distribution; concession; and again an- other kind of doubt ;* the introduction of something unexpect- ed ; enumeration ; another correction ;^ division ; continuation ; » interruption ; imagery ; answering your own questions ; immuta- '^"^ Hon ;^ disjunction ; order; relation; dig7'ession," smd circumscrip- tion. These arc the figures, and others like these, or there may even be more, which adorn language by peculiarities in thought or structure of style."

LV. These remarks, Crassus," said Cotta, I perceive that you have poured forth to us without any definitions or examples, because you imagined us acquainted with them." I did not, indeed," said Crassus, suppose that any of the things which I previously mentioned were new to you, but acted merely in obedience to the inclinations of the whole company. But in these particulars the sun yonder admon- ished me to use brevity, Avhich, hastening to set, compelled me also to throw out these observations almost too hastily. But explanations, and even rules on this head, are common, though the application of them is most important, and the most difficult of any thing in the whole study of eloquence.

• An antithetic position of words, as esse ut vivas, non vivere ut edas,

Ellendt.

2 Beclinatio. Called dvTifiSTafBoXrj by Quintilian, ix., 3, 85. ^ Reprehensio. 'AcpopiafAog or diopter fjLog. Jul., Rufin., p. 207. Com- pare Quintil., ix., 2, 18 ; Ern., p. 332. Ellendt.

• How this kind of doubt differs from that which is mentioned in the

preceding chapter, among the figures of thought, it is not easy to say. Ellendt.

^ Correctio verbi. Different from that which is mentioned above, in the middle of c. 53. Ellendt.

6 Called dWoiMmc by Quintilian, ix., 3, 92. Ellendt.

^ Digression has been twice mentioned before. Strebasus supposes it to be similar to fiETci(^aaiQ or ciiroaTpotpr]. I have no doubt that the word ought to be rejected. Circumscription Quintilian himself could not understand, and has excluded it from his catalogue of figures (ix., 3, 91). Ellendt. Most of the figures enumerated in this chapter are il- lustrated by the writer ad Herennium, b. iv., and by Quintilian, b. ix.

C.LTI.] ON THE CHARACTER OF THE ORATOR. 255

^^ Since, then, all the points which relate to all the orna- mental parts of oratory are, if not illustrated, at least pointed out, let us now consider what is meant by propriety, that is, what is most becoming, in oratory. It is, however, clear that no single kind of style can be adapted to every cause, or every audience, or every person, or every occasion. For capital causes require one style of speaking, private and in- ferior causes another ; deliberations require one kind of ora- tory, panegyric another, judicial proceedings another, common conversation another, consolation another, reproof another, disputation another, historical narrative another. It is of con- sequence alsc^to consider who form the audience, whether the senate, or the people, or the judges ; whether it is a large or a small assembly, or a single person, and of what character ; it ought to be taken into account, too, who the speakers themselves are, of what age, rank, and authority ; and the time also, whether it be one of peace or war, of hurry or leisure. On this head, therefore, no direction seems possible to be given but this, that we adopt a character of style, fuller, plainer, or middling,^ suited to the subject on which we are to speak ; the same ornaments we may use almost constantly, but sometimes in a higher, sometimes in a lower strain ; and it is the part of art and nature to be able to do what is be- coming on every occasion ; to know what is becoming, and when, is an affair of judgment. __-<>.--»..-^-'^ ""'""^^^

LVI. " But all these parts of oratory succeed according as they are delivered. De]iia^r.y> T, ,gaLy».J}ag tha..aQlc and supreme

^2S12Ll2-.9iBi2IXi^ highest mental

capacity. jia xL- J bo - h^d i ^i^-^no^ esteem ; while one of modei^ate abilities, with this qualification, may surpass even those of tlie highest talent. To this Demosthenes is said to have as- signed the first place, when he was asked what was the chief requisite in eloquence ; to this the second, and to this the third. For this reason, I am wont the more to admire what was said by ^schines, who, when he had retired from Athens, on account of the disgrace of having lost his cause, and be- taken himself to Rhodes, is reported to have read, at the en- treaty of the Rhodians, that excellent oration which he had spoken against Ctesiphon, in opposition to Demosthenes ; and when he had concluded it, he was asked to read, next day,

^ Compare c. 52, init.

256 DE ORATORE ; OR, [b. III.

that also which had been published by Demosthenes on the other side in favor of Ctesiphon ; and when he had read this too in a most pleasing and powerful tone of voice, and all ex- pressed their admiration, How much more would you have ad- mired it, said he, if you had heard him deliver it himself! By this remark, he sufficiently indicated how much depends on delivery, as he thought the same speech would appear diiFer- ent if the speaker were changed. What was it in Gracchus — whom you, Catulus, remember better — that was so highly extolled when I was a boy ? Whither shall /, unhappy wretch, betake myself ? Whither shall I turn ? To the Capitol f But that is drenched with the blood of my brother ! Qr to my home, that I may see my disti^essed and afflicted mother in all the agony of lamentation ? These words, it was allowed, were uttered by him with such delivery, as to countenance, voice, and gesture, that his very enemies could not restrain their tears. I dwell the longer on these particulars, because the orators, who are the deliverers of truth itself, have neglected this whole department, and the players, who are only the imitators of truth, have taken possession of it.

LVII. " In every thing, without doubt, truth has the ad- vantage over imitation ; and if truth were efficient enough in delivery of itself, we should certainly have no need for the aid of art. But as that emotion of mind, which ought to be chiefly expressed or imitated in delivery, is often so confused as to be obscured and almost overwhelmed, the peculiarities which throw that veil over it are to be set aside, and such as are eminent and conspicuous to be selected. For every emo- tion of the mind has from nature its own peculiar look, tone, and gesture ; and the whole frame of a man, and his whole countenance, and the variations of his voice, sound^ like strings in a musical instr^maant, just as they are moved by the affections of the mind, jp^or the tones of the voice, like mu- sical chords, are so wound up as to be responsive to every touch, sharp, flat, quick, slow, loud, gentle ; and yet, among all these, each in its kind has its own middle tone. From these tones, too, are derived many other sorts, as the rough, the smooth, the contracted, the broad, the protracted, and in-

^ Sonant. As this word does not properly apply to vultus, the coun- tenance, Schutz would make some alteration in the text. But Miiller and others observe that such a zeugma is not uncommon.

C. LVIII.] ON THE CHARACTER OP THE ORATOR. 257

terrupted ; the broken and divided, the attenuated and in- flated, with varieties of modulation ; for there is none of these, or those that resemble them, w^hich may not be influenced by art and management ; and they are presented to the orator, as colors to the painter, to produce variety.

LVIII. ^' Anger, for instance, assumes a particular tone of voice, acute, vehement, and with frequent breaks :

' ' ' My impious brother drives me on, ah wretched ! To tear my children with my teeth !'^

and in those lines which you, Antonius, cited a while ago i^ *Have you, then, dared to separate him from you?' —

and,

• ' ' Does any one perceive this ? Bind him' —

and almost the whole tragedy of Atreus. But lamentation

and bewailing assumes another tone, flexible, full, interrupted,

in a voice of sorrow : as,

• ' 'Whither shall I now turn myself? what road

Shall I attempt to tread ? Home to my father, Or go to Pelias^ daughters ?'2

and this,

* O father, O my country, House of Priam !'

and that which follows,

" ' All these did I behold enwrapt in flame's, And life from Priam torn by violence.'*

Fear has another tone, desponding, hesitating, abject :

" ' In many ways am I encompass'd round ! By sickness, exile, want. And terror drives All judgment from my breast, deprived of sense ! One threats my life with torture and destruction, And no man has so firm a soul, such boldness, But that his blood shrinks backward, and his look Grows pale with timid fear. '^

Violence has another tone, strained, vehement, impetuous, with a kind of forcible excitement :

^ From the Atreus of Accius, whence also the next quotation but one is taken. See Tusc. Qusest., iv., 36.

2 See ii., 46.

^ From the Medea of Ennius.

• From the Andromache of Ennius. See Tusc. Qusest., i., 35 ; iii.,

19.

^ From the Alcmseon of Ennius.

258 DE ORATORE ; OR, [b. III.

'* * Again Thyestes comes to drag on Atreus : Again attacks me, and disturbs my quiet : Some greater storm, some greater ill by me Must be excited, that I may confound And crush his cruel heart. '^

Pleasure another, unconstrained, mild, tender, cheerful, lan- guid:

" *But when she brought for me the crown design'd To celebrate the nuptials, 'twas to thee She offer 'd it, pretending that she gave it To grace another ; then on thee she placed it Sportive, and graceful, and with delicacy.'^

Trouble has another tone ; a sort of gravity without lamenta- tion ; oppressed, as it were, with one heavy uniform sound :

" * 'Twas at the time when Paris wedded Helen In lawless nuptials, and when I was pregnant, My months being nearly ended for delivery, Then, at that very time, did Hecuba Bring forth her latest offspring, Polydore.'

LIX. " Ooi all these emotions a proper gesture ought to attend ; not the gesture of the stage, expressive of mere words, but one showing tlie whole force and meaning of a passage, not by gesliculationj but by emphatic delivery, by a strong and manly exertion of the lungs, not imitated from the theatre and the players, but rather from the camp and the palaestra. The action of the hand should not be too affected,^ but following the words rather than, as it were, expressing them by mimicry ; the arm should be considerably extended, as one of the weapons of oratory ; the stamping of the foot should be used only in the most vehement efforts, at their commencement or conclusion. But all depends on the coun- tenance ; and even in that the eyes bear sovereign sway ; and therefore the oldest of our countrymen showed the more judg- ment in not applauding even Roscius himself to any great degree when he performed in a mask ; for all the powers of action proceed from the mind, and the countenance is the image of the mind, and the eyes are its interpreters. This, indeed, is the only part of the body that can effectually dis-

^ Prom the Atreus of Accius. See Tusc. Qu^est., iii., 36 ; De Nat. Deor., iii., 26.

^ Whence this and the next quotation are taken is unknown.

^ Arguta. Argutice digitorum. Orat., c. 18. Manus inter agendum argutce admodmn et gestuosce, Aul. Gell., i., 5.

C. LX.] ON THE CHARACTER OF THE ORATOR. 259

play as infinite a number of significations and changes, as there is of emotions in the soul ; nor can any speaker produce the same effect with his eyes shut,^ as with them open. Theo- phrastus indeed has told us that a certain Tauriscus used to say that a player who pronounced his part gazing on any par- ticular object was like one who turned his back on the audi- ence. ^ Great care in managing the eyes is therefore neces- sary ; for the appearance of the features is not to be too much varied, lest we fall into some absurdity or distortion. It is the eyes, by whose intense or languid gaze, as well as by their quick glances and gayety, we indicate the workings of our mind with a peculiar aptitude to the tenor of our discourse ; for action is, as it were, the speech of the body, and ought therefore the more to accord with that of the soul. And Na- ture has given eyes to us, to declare our internal emotions, as she has bestowed a mane, tail, and ears on the horse and the lion. For these reasons, in our oratorical action, the countenance is next in power to the voice, and is influenced by the motion of the eyes. But in every thing appertaining to action there is a certain force bestowed by Nature herself; and it is by action accordingly that the illiterate, the vulgar, and even barbarians themselves, are principally moved. For words move none but those who are associated in a participa- tion of the same language ; and sensible thoughts often escape the understandings of senseless men ; but action, which by its own powers displays the movements of the soul, affects all mankind ; for the minds of all men are excited by the same emotions which they recognize in others, and indicate in them- selves by the same tokens.

LX. To effectiveness and excellence in delivery the voice doubtless contributes most ; the voice, I say, which, in its full strength, must be the chief object of our wishes ; and next, whatever strength of voice we have, to cherish it. On this point, how we are to assist the voice has nothing to do with precepts of this kind, though, for my part, I think that we should assist it to the utmost. But it seems not unsuitable to the purport of my present remarks, to observe, as I ob-

^ I follow EUendt in reading connivens, instead of coniuens, the com- mon reading, which Orellius retains.

^ Aver sum, " Qui stet aversus a theatro, et spectatoribus tergum ob- vertat." Schutz, Of Tauriscus nothing is known.

260 DE oratore; or, [b. in.

served a little while ago, ' that in most things what is most useful is, I know not how, the most becoming;' for nothing is more useful for securing power of voice, than the frequent variation of it ; nothing more pernicious than an immoder- ate straining of it without intermission. And what is more adapted to delight the ear, and produce agreeableness of de- livery, than change, variety, and alteration of tone? Caius Gracchus, accordingly (as you may hear, Catulus, from your client Licinius, a man of letters, whom Gracchus formerly had for his amanuensis), used to have a skillful person with an ivory pitch-pipe, to stand concealed behind him when he made a speech, and who was in an instant to sound such a note as might either excite him from too languid a tone, or recall him from one too elevated." " I have heard this be- fore," said Catulus, " and have often admired the diligence of that great man, as well as his learning and knowledge." "And I too," said Crassus ; "and am grieved that men of such talents should fall into such miscarriages with regard to the commonwealth ; although the same web is still being woven ;^ and such a state of manners is advancing in the country, and held out to posterity, that we now desire to have citizens such as our fathers would not tolerate." " Eor- bear, Crassus, I entreat you," interposed Caesar, "from this sort of conversation, and go back to Gracchus's pitch-pipe, of which I do not yet clearly understand the object."

LXI. "There is in every voice," continued Crassus, "a certain middle key ; but in each particular voice that key is peculiar. For the voice to ascend gradually from this key is advantageous and pleasing ; since to bawl at the beginning of a speech is boorish, and gradation is salutary in strengthen- ing the voice. There is also a certain extreme in the highest pitch (which, however, is lower than the shrillest cry), to which the pipe will not allow you to ascend, but will recall you from too strained an effort of voice. There is also, on the other hand, an extreme in the lowest notes, to which, as being of a full sound, we by degrees descend. This variety and this gradual progression of the voice throughout all the notes, will preserve its powers, and add agreeableness to deliv- ery. But you will leave the piper at home, and carry with you into the forum merely the intention of the custom.

^ As to the state of the republic at that time, see i., 7. Ulkndt,

C. LXI.} ON THE CHARACTER OF THE ORATOR. 261

" I have said what I could, though not as I wished, but as the shortness of the time obliged me ; for it is wise to lay the blame upon the time, when you can not add more even if you desired." But," said Catulus, you have, as far as I can judge, brought together every thing upon the subject, and that in so excellent a manner, that you seem not to have re- ceived instructions in the art from the Greeks, but to be able to instruct the Greeks themselves. I rejoice that I have been present at your conversation ; and could wish that my son- in-law, your friend Hortensius,^ had also been present; who, I trust, will excel in all those good qualities of which you have treated in this dissertation." "Will excel!" exclaimed Crassus; "I consider that he already excels. I had that opinion of him w^hen he pleaded, in my consulship, the cause of Africa^ in the senate ; and I found myself still more con- firmed in it lately, when he spoke for the King of Bithynia. You judge rightly, therefore, Catulus ; for I am convinced that nothing is wanting to that young man, on the part either of nature or of learning. You, therefore, Cotta, and you, Sul- picius, must exert the greater vigilance and industry ; for he is no ordinary orator, who is springing up to rival those of your age ; but one of a penetrating genius, and an ardent at- tachment to study, of eminent learning, and of singular pow- ers of memory ; but, though he is a favorite of mine, I only wish him to excel those of his own standing ; for to desire that he, who is so much younger,^ should outstrip you, is hardly fair. But let us now arise, and refresh ourselves, and at length relieve our minds and attention from this fatiguing discussion."

^ The orator afterward so famous.

^ He pleaded this cause, observes Ellendt, at the age of nineteen ; but the nature of it, as well as that of the King of Bithynia, is unknown.

3 He was ten years younger than Cotta and Sulpicius. Brut., c. 88. Ellendt,

END OF "dE ORATORE."

BRUTUS;

OR,

REMARKS ON EMINENT ORATORS.

THE ARGUMENT.

This treatise was the fruit of Cicero's retirement, during the remains of the civil war in Africa, and was composed in the form of a dia- logue. It contains a few short, but very masterly sketches of all the speakers who had flourished either in Greece or Rome, with any rep- utation of eloquence, down to his own time; and as he generally touches the principal incidents of their lives, it will be considered, by an attentive reader, as a concealed epitome of the Roman history. The conference is supposed to have been held with Atticus, and their com- mon friend Brutus, in Cicero's garden at Rome, under the statue of Plato, whom he always admired, and usually imitated in his Dia- logues.

I. When I had left Cilicia, and arrived at Rhodes, word was brought me of the death of Hortensius. I was more af- fected with it than, I believe, was generally expected ; for, by the loss of my friend, I saw myself forever deprived of the pleasure of his acquaintance, and of our mutual intercourse of good offices. I likewise reflected, with concern, that the dignity of our college must suffer greatly by the decease of such an eminent augur. This reminded me that he was the person who first introduced me to the college, where he at- tested my qualification upon oath, and that it was he also who installed me as a member ; so that I was bound by the constitution of the order to respect and honor him as a par- ent. My affliction was increased, that, in such a deplorable dearth of wise and virtuous citizens, this excellent man, my faithful associate in the service of the public, expired at the very time when the commonwealth could least spare him, and when we had the greatest reason to regret the want of his prudence and authority. I can add, very sincerely, that in him I lamented the loss, not (as most people imagined) of a

BRUTUS; OR, REMARKS ON EMINENT ORATORS. 263

dangerous rival who opposed my reputation, but of a gener- ous associate who engaged with me in the pursuit of fame. For if we have instances in history, though in studies of less importance, that some distinguished poets have been greatly afflicted at the death of their contemporary bards, with what tender concern should I honor the memory of a man with whom it is more glorious to have disputed the prize of elo- quence, than never to have combated as an antagonist, espe- cially as he was always so far from obstructing my endeav- ors, or I his^ that, on the contrary, we mutually assisted each other with our credit and advice ! But as he, who had a perpetual run of felicity,^ left the world at a happy moment for himself, though a most unfortunate one for his fellow- citizens, and died when it would have been much easier for him to lament the miseries of his country than to assist it, after living in it as long as he could have lived with honor and reputation, we may, indeed, deplore his death as a heavy loss to us who survive him. If, however, we consider it merely as a personal event, we ought rather to congratulate his fate than to pity it ; that, as often as we revive the mem- ory of this illustrious and truly happy man, we may appear at least to have as much affection for him as for ourselves. For if we only lament that we are no longer permitted to en- joy him, it must, indeed, be acknowledged that this is a heavy misfortune to us; which it however becomes us to support with moderation, lest our sorrow should be suspect- ed to arise from motives of interest, and not from friendship. But if we afflict ourselves, on the supposition that he was the sufferer, we misconstrue an event, which to him was certainly a very happy one.

II. If Hortensius were now living, he would probably re- gret many other advantages in common with his worthy fel- low-citizens. But when he beheld the forum, the great the- atre in which he used to exercise his genius, no longer acces- sible to that accomplished eloquence which could charm the

^ Quoniam perpetud quddam felicitate usus ille, cessit e vita, suo magis quam suorum civium tempore. This fine sentiment, conveyed in such elegant language, carries an allusion to the conversation of Solon with Croesus, in which the former maintained the seeming paradox, that he alone can be deemed happy who meets a happy death. See Herod., Clio, 32.

264 BRUTUS; or,

ears of a Koman or a Grecian audience, he must have felt a pang of which none, or at least but few, besides himself could jbe susceptible. Even / indulge heartfelt anguish, when I be- hold my country no longer supported by the talents, the wis- dom, and the authority of law — the only weapons which I have learned to wield, and to which I have long been accus- tomed, and which are most suitable to the character of an il- lustrious citizen, and of a virtuous and well-regulated state. But if there ever was a time when the authority and elo- quence of an honest individual could have wrested their arms from the hands of his distracted fellow-citizens, it was then when the proposal of a compromise of our mutual differences was rejected, by the hasty imprudence of some and the tim- orous mistrust of others. Thus it happened, among other misfortunes of a more deplorable nature, that when my de- clining age, after a life spent in the service of the public, should have reposed in the peaceful harbor, not of an indolent and total inactivity, but of a moderate and honorable retire- ment, and when my eloquence was properly mellowed and had acquired its full maturity — thus it happened, I say, that re- course was then had to those fatal arms, which the persons who had learned the use of them in honorable conquest could no longer employ to any salutary purpose. Those, therefore, appear to me to have enjoyed a fortunate and happy life (of whatever state they were members, but especially in ours), who, together with their authority and reputation, either for their military or political services, are allowed to enjoy the advantages of philosophy ; and the sole remembrance of them, in our present melancholy situation, was a pleasing relief to me, when we lately happened to mention them in the course of conversation.

III. For, not long ago, when I was walking for my amuse- ment in a private avenue at home, I was agreeably interrupt- ed by my friend Brutus and Titus Pomponius, Avho came, as indeed they frequently did, to visit me — two worthy citizens, who were united to each other in the closest friendship, and were so dear and so agreeable to me, that on the first sight of them, all my anxiety for the commonwealth subsided. After the usual salutations, " Well, gentlemen," said I, " how go the times? What news have you brought?" None," replied Brutus, that you would wish to hear, or that I can

REMARKS ON EMINENT ORATORS. 265

venture to tell you for truth." " No," said Atticus ; " we are come with an intention that all matters of state should be dropped, and rather to hear something from you, than to say any thing which might serve to distress you." '^ Indeed," said I, your company is a present remedy for my sorrow; and your letters, when absent, were so encouraging, that they first revived my attention to my studies." I remember," replied Atticus, "that Brutus sent you a letter from Asia, which I read with infinite pleasure ; for he advised you in it like a man of sense, and gave you every consolation which the warmest friendship could suggest." True," said I ; " for it was the receipt of that letter which recovered me from a growing indisposition to behold once more the cheerful face of day ; and as the Roman state, after the dreadful defeat near Cannae, first raised its drooping head by the victory of Mar- cellus at Nola, which was succeeded by many other victories, so, after the dismal wreck of our affairs, both public and pri- vate, nothing occurred to me, before the letter of my friend Brutus, which I thought to be worth my attention, or which contributed, in any degree, to ease the anxiety of my heart." "That was certainly my intention," answered Brutus; "and if I had the happiness to succeed, I was sufficiently rewarded for my trouble. But I could wish to be informed what you received from Atticus, which gave you such uncommon pleas- ure." "That," said I, "which not only entertained me, but I hope has restored me entirely to myself." "Indeed!" re- plied he ; " and what miraculous composition could that be ?" "Nothing," answered I, " could have been a more acceptable or a more seasonable present than that excellent treatise of his, which roused me from a state of languor and desponden- cy." " You mean," said he, " his short and, I think, very accurate abridgment of universal history." "The very same," said I ; " for that little treatise has absolutely saved me.

IV. "I am heartily glad of it," said Atticus; "but what could you discover in it which was either new to you or so wonderfully beneficial as you pretend f "It certainly fur- nished many hints," said I, " which were entirely new to me ; and the exact order of time which you observed through the whole, gave me the opportunity I had long wished for, of be- holding the history of all nations in one regular and compre-

M

266 BRUTUS; ok,

hensive view. The attentive perusal of it proved an excel- knt remedy for my sorrows, and led me to think of attempt- ing something on your own plan, partly to amuse myself, and partly to return your favor by a grateful, though not an equal, acknowledgment. We are commanded, it is true, in that precept of Hesiod, so much admired by the learned, to return with the same measure we have received, or, if possi- ble, with a larger. As to a friendly inclination, I shall cer- tainly return you a full proportion of it ; but as to a recom- pense in kind, I confess it to be out of my power, and there- fore hope you will excuse me ; for I have not, as husbandmen are accustomed to have, gathered a fresh harvest out of which to repay the kindness^ I have received; my whole harvest having sickened and died, for want of the usual manure ; and as little am I able to present you with any thing from those hidden stores which are now consigned to perpetual darkness, and to which I am denied all access, though formerly I was almost the only person who was able to command them at pleasure. I must, therefore, try my skill in a long-neglected and uncultivated soil, which I will endeavor to improve with so much care, that I may be able to repay your liberality with interest, provided my genius should be so happy as to resem- ble a fertile field, which, after being suffered to lie fallow a considerable time, produces a heavier crop than usual."

'^ Very well," replied Atticus, "I shall expect the fulfill- ment of your promise ; but I shall not insist upon it till it suits your convenience, though, after all, I shall certainly be better pleased if you discharge the obligation." And I also," said Brutus, shall expect that you perform your prom- ise to my friend Atticus ; nay, though I am only his volunta- ry solicitor, I shall, perhaps, be very pressing for the discharge of a debt which the creditor himself is willing to submit to your own choice." V. "' But I shall refuse to pay you," said I, "unless the original creditor takes no farther part in the suit." This is more than I can promise," replied he ; for I can easily foresee that this easy man, who disclaims all se-

^ Non enim ex novis, ut agricoloe solent, fructihus est^ unde tihi reddam quod accepi. The allusion is to a fanner, who, in time of necessity, bor- rows corn or fruit of his more opulent neighbor, which he repays in kind as soon as his harvest is gathered home. Cicero was not, he says, in a situation to make a similar return.

REMARKS ON EMINENT ORATORS, 267

verity, will urge his demand upon you, not indeed to distress you, but yet with earnestness and importunity." " To speak ingenuously," said Atticus, my friend Brutus, I believe, is not much mistaken ; for as I now find you in good spirits for the first time, after a tedious interval of despondency, I shall soon make bold to apply to you ; and as this gentleman has promised his assistance to recover what you owe me, the least I can do is to solicit, in my turn, for what is due to him." "Explain your meaning," said I. I mean," replied he, " that you must write something to amuse us ; for your pen has been totally silent this long time ; and since your treatise on politics, we have had nothing from you of any kind, though it was the perusal of that which fired me with the ambition to write an abridgment of universal history. But we shall, however, leave you to answer this demand when and in what manner you shall think most convenient. At present, if you are not otherwise engaged, you must give us your sentiments on a subject on which we both desire to be better informed." And what is thatf said I. "A work which you had just begun," replied he, "when I saw you last at Tusculanum — the History of Eminent Orators — when they made their appearance, and who and what they were ; which furnished such an agreeable train of conversa- tion, that when I related the substance of it to your^ or I ought rather to have said ou?^ common friend Brutus, he expressed an ardent desire to hear the whole of it from your own mouth. Knowing you, therefore, to be at leisure, we have taken the present opportunity to wait upon you ; so that, if it is really convenient, you will oblige us both by resuming the subject." "Well, gentlemen," said I, "as you are so pressing, I will endeavor to satisfy you in the best manner I am able." "You are able enough," replied he; "only un- bend, or rather, if possible, set at full liberty your mind." " If I remember right," said I, " Atticus, what gave rise to the conversation was my observing that the cause of Deiota- rus, a most excellent sovereign and a faithful ally, was plead- ed by our friend Brutus, in my hearing, with the greatest el- egance and dignity."

VI. " True," replied he ; " and you took occasion, from the ill success of Brutus, to lament the loss of a fair admin- istration of justice in the forum." " I did so," answered I,

268 BRUTUS; or,

" as indeed I frequently do ; and whenever I see you, my Brutus, I am concerned to think where your wonderful gen- ius, your finished erudition, and unparalleled industry will find a theatre to display themselves. For after you had thoroughly improved your abilities by pleading a variety of important causes, and when my declining vigor was just giv- ing way and lowering the ensigns of dignity to your more active talents, the liberty of the state received a fatal over- throw, and that eloquence, of which we are now to give the history, was condemned to perpetual silence." " Our other misfortunes," replied Brutus, " I lament sincerely, and I think I ought to lament them ; but as to eloquence, I am not so fond of the influence and the glory it bestows, as of the study and the practice of it, which -nothing can deprive me of^ while you are so well disposed to assist me ; for no man can be an eloquent speaker who has not a clear and ready conception. Whoever, therefore, applies himself to the study of eloquence, is at the same time improving his judg- ment, which is a talent equally necessary in all military op- erations." " Your remark," said I, " is very just ; and I have a higher opinion of the merit of eloquence, because, though there is scarcely any person so diffident as not to persuade himself that he either has or may acquire every other accom- plishment which formerly could have given him consequence in the state, I can find no person who has been made an or- ator by the success of his military prowess. But that we may carry on the conversation with greater ease, let us seat ourselves." As my visitors had no objection to this, we ac- cordingly took our seats in a private lawn, near a statue of Plato. Then resuming the conversation — To recommend the study of eloquence," said I, and describe its force, and the great dignity it confers upon those who have acquired it, is neither our present design, nor has any necessary con- nection with it. But I will not hesitate to affirm, that wheth- er it is acquired by art or practice, or the mere powers of na- ture, it is the most difficult of all attainments ; for each of the ^ve branches of which it is said to consist is of itself a very important art ; from whence it may easily be conjec- tured how great and arduous must be the profession which unites and comprehends them all.

VII. "Greece alone is a sufficient witness of this; for

REMARKS ON EMINENT ORATORS. 269

though she was fired with a wonderful love of eloquence, and has long since excelled every other nation in the practice of it, yet she had all the rest of the arts much earlier ; and had not only invented, but even completed them, a considerable time before she was mistress of the full powers of elocution. But when I direct my eyes to Greece, your beloved Athens, my Atticus, first strikes my sight, and is the brightest object in my view ; for in that illustrious city the orator first made his appearance, and it is there we shall find the earliest rec- ords of eloquence, and the first specimens of a discourse con- ducted by rules of art. But even in Athens there is not a single production now extant which discovers any taste for ornament, or seems to have been the effort of a real orator, before the time of Pericles (whose name is prefixed to some orations which still remain) and his contemporary Thucyd- ides ; who flourished, not in the infancy of the state, but when it had arrived at its full maturity of power. It is, however, supposed that Pisistratus (who lived many years before), together with Solon, who was something older, and Clisthenes, who survived them both, were very able speakers for the age they lived in. But some years after these, as may be collected from the Attic annals, came Themistocles, who is said to have been as much distinguished by his eloquence as by his political abilities ; and after him the celebrated Per- icles, who, though adorned with every kind of excellence, was most admired for his talents as a speaker. Cleon also, their contemporary, though a turbulent citizen, was allowed to be a tolerable orator. These were immediately succeeded by Alcibiades, Critias, and Theramenes ; the character of their eloquence may be easily inferred from the writings of Thu- cydides, who lived at the same time ; their discourses were nervous and stately, full of sententious remarks, and so ex- cessively concise as to be sometimes obscure.

VIII. " But as soon as the force of a regular and well-ad- justed style was understood, a crowd of rhetoricians imme- diately appeared, such as Gorgias the Leontine, Thrasyma- chus the Chalcedonian, Protagoras the Abderite, and Hip- pias the Elean, who were all held in great esteem, with many others of the same age, who professed (it must be owned rath- er too arrogantly) to teach their scholars hoiv the worse might be made, hy the force of eloquence, to appear the letter came.

270 BRUTUS; OR,

But these were openly opposed by Socrates, who, by a subtle method of arguing peculiar to himself, took every opportunity to refute the principles of their art. His instructive confer- ences produced a number of intelligent men, and Philosophy is said to have derived her birth from him ; not the doctrine of Physics^ which was of an earlier date, but that Philosophy which treats of men and manners, and of the nature of good and evil. But as this is foreign to our present subject, we must defer the philosophers to another opportunity, and re- turn to the orators, from whom I have ventured to make a short digression. When the professors, therefore, above men- tioned were in the decline of life, Isocrates made his appear- ance, whose house stood open to all Greece as the school of eloquence. He was an accomplished orator and an excellent teacher ; though he did not display his talents in the splen- dor of the forum, but cherished and improved within the walls of an obscure academy, that glory which, in my opin- ion, no orator has since acquired. He composed many valu- able specimens of his art, and taught the principles of it to others ; and not only excelled his predecessors in every part of it, but first discovered that a certain rhythm and modula- tion should be observed in prose, care being taken, however, to avoid making verses. Before him, the artificial structure and harmony of language was unknown — or, if there are any traces of it to be discovered, they appear to have been made without design ; which, perhaps, will be thought a beauty ; but, whatever it may be deemed, it was, in the present case, the effect rather of native genius, or of accident, than of art and observation. For Nature herself teaches us to close our sentences within certain limits ; and when they are thus con- fined to a moderate flow of expression, they wiU frequently have a harmonious cadence; for the ear alone can decide what is full and complete, and what is deficient; and the course of our language will necessarily be regulated by our breath, in which it is excessively disagreeable, not only to fail, but even to labor.

IX. " After Isocrates came Lysias, who, though not per- sonally engaged in forensic causes, was a very accurate and elegant composer, and such an one as you might almost ven- ture to pronounce a complete orator ; for Demosthenes is the man who approaches the character so nearly, that you may

REMARKS ON EISHNENT ORATORS. 271

apply it to him without hesitation. No keen, no artful turns could have been contrived for the pleadings he has left be- hind him, which he did not readily discover; nothing could have been expressed with greater nicety, or more clearly and poignantly, than it has been already expressed by him ; and nothing greater, nothing more rapid and forcible, nothing adorned with a nobler elevation, either of language or senti- ment, can be conceived, than what is to be found in his ora- tions. He was soon rivaled by his contemporaries Hyperides, -^schines, Lycurgus, Dinarchus, and Demades (none of whose writings are extant), with many others that might be men- tioned; for this age was adorned with a profusion of good orators ; and to the end of this period appears to me to have flourished that vigorous and blooming eloquence, which is distinguished by a natural beauty of composition, without dis- guise or affectation. When these orators were in the decline of life, they were succeeded by Phalereus, then in the prime of youth. He indeed surpassed them all in learning, but was fitter to appear on the parade than in the field ; and, accord- ingly, he rather pleased and entertained the Athenians, than inflamed their passions ; and marched forth into the dust and heat of the forum, not from a weather-beaten tent, but from the shady recesses of Theophrastus, a man of consummate erudition. He was the first who relaxed the force of Elo- quence, and gave her a soft and tender air; and he rather chose to be agreeable, as indeed he was, than great and strik- ing ; but agreeable in such a manner as rather charmed, than warmed the mind of the hearer. His greatest ambition was to impress his audience with a high opinion of his elegance, and not, as Eupolis relates of Pericles, to animate as well as to please.

X. " You see, then, in the very city in which Eloquence was born and nurtured, how late it was before she grew to maturity; for before the time of Solon and Pisistratus, we meet with no one who is so much as mentioned as an able speaker. These, indeed, if we compute by the Poman date, may be reckoned very ancient ; but if by that of the Athe- nians, we shall find them to be moderns. For though they fiourished in the reign of Servius TuUius, Athens had then subsisted much longer than Eome has at present. I have not, however, the least doubt that the power of eloquence

272 BRUTUS; OR,

has been always more or less conspicuous. For Homer, we may suppose, would not have ascribed such superior talents of elocution to Ulysses and Nestor (one of whom he celebrates for his force, and the other for his sweetness), unless the art of speaking had then been held in some esteem; nor could the poet himself have attained a style so finished, nor exhibit- ed such fine specimens of oratory, as we actually find in him. The time, indeed, in which he lived is undetermined ; but we are certain that he flourished many years before Romulus, and as early at least as the elder^ Lycurgus, the legislator of the Spartans. But a more particular attention to the art, and a greater ability in the practice of it, may be observed in Pisistratus. He was succeeded in the following century by Themistocles, who, according to the Roman date, was a per- son of the remotest antiquity ; but according to that of the Athenians, he was almost a modern. For he lived when Greece was in the height of her power, and when the city of Rome had but lately been emancipated from the shackles of regal tyranny ; for the dangerous war with the Volsci, who were headed by Coriolanus (then a voluntary exile), hap- pened nearly at the same time as the Persian war ; and we may add, that the fate of both commanders was remarkably similar. Each of them, after distinguishing himself as an excellent citizen, being driven from his country by the insults of an ungrateful people, went over to the enemy; and each of them repressed the efforts of his resentment by a voluntary death. For though you, my Atticus, have represented the death of Coriolanus in a different manner, you must pardon me if I do not subscribe to the justness of your representation." XI. You may use your pleasure," replied Atticus, with a smile ; "for it is the privilege of rhetoricians to exceed the truth of history, that they may have an opportunity of em- bellishing the fate of their heroes ; and accordingly, Clitar- chus and Stratocles have entertained us with the same pretty fiction about the death of Themistocles, which you have in- vented for Coriolanus. Thucydides, indeed, who was him- self an Athenian of the highest rank and merit, and lived nearly at the same time, has only informed us that he died, and was privately buried in Attica, adding, that it was sus-

^ Superiorem, So called, as Orellius observes, to distinguish him from Lycurgus the Athenian orator, mentioned in the preceding chapter.

REMARKS ON EMINENT ORATORS. 273

pected by some that he had poisoned himself. But these in- genious writers have assured us that^ having slain a bull at the altar, he caught the blood in a large bowl, and, drinking it off, fell suddenly dead upon the ground. For this species of death had a tragical air, and might be described with all the pomp of rhetoric ; whereas the ordinary way of dying af- forded no opportunity for ornament. As it will, therefore, suit your purpose that Coriolanus should resemble Themisto- cles in every thing, I give you leave to introduce the fatal bowl ; and you may still farther heighten the catastrophe by a solemn sacrifice, that Coriolanus may appear in all respects to have been a second Themistocles." '^I am much obliged to you," said I, " for your courtesy ; but, for the future, I shall be more cautious in meddling with history when you are present; whom I may justly commend as a most exact and scrupulous relator of the Roman history ; but nearly at the time we are speaking of (though somewhat later) lived the above-mentioned Pericles, the illustrious son of Xantip- pus, who first improved his eloquence by the friendly aids of literature — not that kind of literature which treats professed- ly of the art of speaking, of which there was then no regular system; but after he had studied under Anaxagoras, the nat- uralist, he directed with alacrity his attention from abstruse and intricate speculations to forensic and popular debates. All Athens was charmed with the sweetness of his language, and not only admired him for his fluency, but was awed by the superior force and terrors of his eloquence.

XII. " This age, therefore, which may be considered as the infancy of the art, furnished Athens with an orator who al- most reached the summit of his profession ; for an emulation to shine in the forum is not usually found among a people who are either employed in settling the form of their govern- ment, or engaged in war, or struggling with difficulties, or subjected to the arbitrary power of kings. Eloquence is the attendant of peace, the companion of ease and prosperity, and the tender offspring of a free and well-established constitu- tion. Aristotle, therefore, informs us, that when the tyrants were expelled from Sicily, and private property, after a long interval of servitude, was secured by the administration of justice, the Sicilians, Corax and Tisias (for this people, in general, were very quick and acute, and had a natural turn

M2

274 BRUTUS; or,

for disquisition), first attempted to write precepts on the art of speaking. Before them, he says, no one spoke by pre- scribed method, conformably to rules of art, though many dis- coursed very sensibly, and generally from written notes ; but Protagoras took the pains to compose a number of disserta- tions, on such leading and general topics as are now called commonplaces. Gorgias, he adds, did the same, and wrote panegyrics and invectives on every subject ; for he thought it was the province of an orator to be able either to exagger- ate or extenuate, as occasion might require. Antiphon the Rhamnusian composed several essays of the same species ; and (according to Thucydides, a very respectable writer, who was present to hear him) pleaded a capital cause in his own defense, with as much eloquence as had ever yet been dis- played by any man. But Lysias was the first who openly professed the art; and, after him, Theodorus, being better versed in the theory than the practice of it, began to compose orations for others to pronounce, but confined to himself the art of composing them. In the same manner, Isocrates at first declined to teach the art, but wrote speeches for other people to deliver ; on which account, being often prosecuted for assisting, contrary to law, to circumvent one or another of the parties in judgment, he left off composing orations for other people, and wholly applied himself to prescribe rules, and reduce them into a system.

XIII. Thus, then, we have traced the birth and origin of the orators of Greece, who were, indeed, very ancient, as I have before observed, if we compute by the Roman annals ; but of a much later date, if we reckon hj their own ; for the Athenian state had signalized ifself by a variety of great ex- ploits, both at home and abroad, a considerable time before she became enamored of the charms of eloquence. But this noble art was not common to Greece in general, but almost peculiar to Athens. For who has ever heard of an Argive, a Corinthian, or a Theban orator, at the times we are speaking of? unless, perhaps, some merit of the kind may be allowed to Epaminondas, who was a man of uncommon erudition. But I have never read of a Lacedemonian orator, from the earliest period of time to the present. For Menelaus him- self, though said by Homer to have possessed a sweet elocu- tion, is likewise described as a man of few words. Brevity,

REMARKS ON EMINENT ORATORS. 275

indeed, upon some occasions, is a real excellence ; but it is very far from being compatible with the general character of eloquence. The art of speaking was Hkewise studied, and ad- mired, beyond the limits of Greece; and the extraordinary honors which were paid to oratory have perpetuated the names of many foreigners who had the happiness to excel in it. For no sooner had eloquence ventured to sail from the Piraeeus, but she traversed all the isles, and visited every part of Asia ; till at last, infected with their manners, she lost all the purity and the healthy complexion of the Attic style, and indeed almost forgot her native language. The Asiatic ora- tors, therefore, though not to be undervalued for the rapidity and the copious variety of their elocution, were certainly too loose and luxuriant. But the Rhodians were of a sounder constitution, and more resembled the Athenians. So much, then, for the Greeks ; for, perhaps, what I have already said of them is more than was necessary." " Respecting the ne- cessity of it," answered Brutus, there is no occasion to speak ; but what you have said of them has entertained me so agreeably, that instead of being longer, it has been much short- er than I could have wished." "A very handsome compli- ment," said I ; " but it is time to begin with our countrymen, of whom it is difficult to give any farther account than what we are able to conjecture from our annals.

XIV. "For who can question the address and the capaci- ty of Brutus, the illustrious founder of your family — that Brutus, who so readily discovered the meaning of the oracle, which promised the supremacy to him who should first salute his mother^ — that Brutus, who, under the appearance of stu- pidity, concealed the most exalted understanding — who de- throned and banished a powerful monarch, the son of an il- lustrious sovereign — who settled the state, which he had res- cued from arbitrary power, by the appointment of an annual magistracy, a regular system of laws, and a free and open course of justice — and who abrogated the authority of hi^ col- league, that he might banish from the city the smallest ves-

^ The words here alluded to occur in Livy : ^^Imperium summum Romae habebit, qui vestrum primus, O juvenes, osculum matri tulerit." This at first was interpreted of Tarquin, who kissed his mother. But Brutus gave the words a different and more ingenious turn ; he illus- trated their meaning by falling down and kissing the earth, the common mother of all mankind.

276 BRUTUS; or,

tige of the regal name *? — events which could never have been produced without exerting the powers of persuasion. We are likewise informed that a few years after the expulsion of the kings, when the Plebeians retired to the banks of the Anio, about three miles from the city, and had possessed themselves of what is called the Sacred Mount, Marcus Valerius the dic- tator appeased their fury by a public harangue ; for which he was afterward rewarded with the highest posts of honor, and was the first Koman who was distinguished by the surname of Maximus. Nor can Lucius Valerius Potitus be supposed to have been destitute of the powers of utterance, who, after the odium which had been excited against the Patricians by the tyrannical government of the Decemviri, reconciled the people to the senate by his prudent laws and conciliatory speeches. We may likewise suppose, that Appius Claudius was a man of some eloquence ; since he dissuaded the senate from consenting to a peace with King Pyrrhus, though they were much inclined to it. The same might be said of Caius Fabricius, who was dispatched to Pyrrhus to treat for the ransom of his captive fellow-citizens ; and of Tiberius Corun- canius, who appears, by the memoirs of the pontifical college, to have been a person of the greatest genius ; and likewise of Manius Curius (then a tribune of the people), who, when the Interrex Appius the Blind, an able speaker, held the Comitia contrary to law, refusing to admit any consul of plebeian rank, prevailed upon the senate to protest against the conduct of his antagonist ; which, if we consider that the Msenian law was not then in being, was a very bold attempt. We may also conclude that Marcus Pompilius was a man of abilities, who, in the time of his consulship, when he was solemnizing a pub- lic sacrifice in the proper habit of his office (for he was also a Flamen Carmentalis), hearing of the mutiny and insurrection of the people against the senate, rushed immediately into the midst of the assembly, covered as he was with his sacerdotal robes, and quelled the sedition by his authority and the force of his elocution. I do not pretend to have historical evidence that the persons here mentioned were then reckoned orators, or that any sort of reward or encouragement was given to eloquence ; I only infer what appears very probable. It is also recorded that Caius Flaminius, who, when tribune of the people, proposed the law for dividing the conquered territories

REMARKS ON EMINENT ORATORS. 277

of the Gauls and Piceni among the citizens, and who, after his promotion to the consulship, was slain near the lake Thrasi- menus, became very popular by historical talents. Quintus Maximus Verrucosus was likewise reckoned a good speaker by his contemporaries ; as was also Quintus Metellus, who, in the second Punic war, was joint consul with Lucius Vetus rius Philo.

XV. "But the first person we have anycertain account of, who was publicly distinguished as an orator^ and who really appears to have been such, was Marcus Cornelius Cethegus, whose eloquence is attested by Quintus Ennius, a voucher of the highest credibility, since he actually heard him speak, and gave him this character after his death, so that there is no reason to suspect that he was prompted by the warmth of his friendship to exceed the bounds of truth. In the ninth book of his Annals, he has mentioned him in the following terms :

* Additur orator Corneliu' suaviloquenti Ore Cethegus Marcu', Tuditano collega, Marci lilius.'

' Add the orator Marcus Cornelius Cethegus, so much admired for his mellifluent tongue, who was the colleague of Tuditanus, and the son of Marcus.' He expressly calls him an orator^ you see, and attributes to him a remarkable sweetness of elocution ; which, even in the present times, is an excellence of which few are possessed : for some of our modern orators are so in- sufferably harsh, that they may be said rather to bark than to speak. But what the poet so much admires in his friend, may certainly be considered as one of the principal ornaments of eloquence. He adds :

• ^ ^is dictus, oUis popularibus olim,

Qui turn vivebant homines, atque sevum agitabant, Flos deHbatus popuH.*

' He was called by his contemporaries the choicest flower of the state.' A very elegant compliment ; for as the glory of a man is the strength of his mental capacity, so the brightest ornament of genius is eloquence ; in which, whoever had the happiness to excel, was beautifully styled, by the ancients, the flower of the state ; and, as the poet immediately subjoins,

• • * suadasque medulla :'

Uhe very marrow and quintessence of persuasion.' That which the Greeks call irEidC) (i. e., persuasion)^ and which it is

278 BRUTUS; or,

the chief business of an orator to eiFect, is here called suada by Ennius ; and of this he commends Cethegus as the quint- essence ; so that he makes the Roman orator to be himself the very substance of that amiable goddess, who is said by Eupolis to have dwelt on the lips of Pericles. This Cethegus was joint consul with Publius Tuditanus in the second Punic war ; at which time also Marcus Cato was quaestor, about one hundred and forty years before I myself was promoted to the consulship ; which circumstance would have been absolutely lost, if it had not been recorded by Ennius ; and the memory of that illustrious citizen, as has probably been the case of many others, would have been buried in the ruins of antiquity. The manner of speaking which was then in vogue may easily be collected from the writings of Nsevius ; for Naevius died, as we learn from the memoirs of the times, when the persons above mentioned were consuls ; though Varro, a most accu- rate investigator of historical truth, thinks there is a mistake in this, and fixes the death of Naevius something later. For Plautus died in the consulship of Publius Claudius and Lucius Porcius, twenty years after the consulship of the persons we have been speaking of, and when Cato was censor. Cato, therefore, must have been younger than Cethegus, for he was consul nine years after him ; but we always consider him as a person of the remotest antiquity, though he died in the con- sulship of Lucius Marcius and Manius Manilius, and but eighty-three years before my own promotion to the same of- fice.

XVL " He is certainly, however, the most ancient orator we have, whose writings may claim our attention ; unless any one is pleased, on account of the above-mentioned speech re- specting the peace with Pyrrhus, or a series of panegyrics on the dead, which, I own, are still extant, to compliment Appius with that character. For it was customary, in most families of note, to preserve their images, their trophies of honor, and their memoirs, either to adorn a funeral when any of the fam- ily deceased, or to perpetuate the fame of their ancestors, or prove their own nobility. But the truth of history has been much corrupted by these encomiastic essays ; for many cir- cumstances were recorded in them which never existed, such as false triumphs, a pretended succession of consulships, and false alliances and elevations, when men of inferior rank were

REMARKS ON ElVnNENT ORATORS. 279

confounded with a noble family of the same name ; as if I myself should pretend that I am descended from Manius Tul- lius, who was a patrician, and shared the consulship with Servius Sulpicius, about ten years after the expulsion of the kings. But the real speeches of Cato are almost as numer- ous as those of Lysias the Athenian, under whose name a great number are still extant. For Lysias was certainly an Athenian ; because he not only died, but received his birth at Athens, and served all the offices of the city ; though Timaeus, as if he acted by the Licinian or the Mucian law, orders his return to Syracuse. There is, however, a manifest resem- blance between his character and that of Cato ; for they are both of them distinguished by their acuteness, their elegance, their agreeable humor, and their brevity. But the Greek has the happiness to be most admired ; for there are some who are so extravagantly fond of him, as to prefer a graceful air to a vigorous constitution, and who are perfectly satisfied with a slender and an easy shape, if it is only attended with a mod- erate share of health. It must, however, be acknowledged, that even Lysias often displays a vigor of mind, which no hu- man power can excel ; though his mental frame is certainly more delicately wrought than that of Cato. Notwithstanding, he has many admirers, who are charmed with him, merely on account of his delicacy.

XVII. But as to Cato, where will you find a modern orator who condescends to read him ? — nay, I might have said, who has the least knowledge of him? And yet, good gods ! what a wonderful man ! I say nothing of his merit as a citizen, a senator, and a general ; we must confine our at- tention to the orator. Who, then, has displayed more dignity as a panegyrist ? — more severity as an accuser ? — greater acute- ness of sentiments? — or greater address in relating and inform- ing? Though he composed above a hundred and fifty ora- tions (which I have seen and read), they are crowded with all the beauties of language and sentiment. Let us select from these what deserves our notice and applause ; they will supply us with all the graces of oratory. Not to omit his Antiquities^ who will deny that these also are adorned with every flower, and with all the lustre of eloquence ? and yet he has scarcely any admirers ; which some ages ago was the case of Philistus the Syracusan, and even of Thucydides himself. For as the

280 BRUTUS ; OR,

lofty and elevated style of Theopompus soon diminished the reputation of their pithy and laconic harangues, which were sometimes scarcely intelligible from excessive brevity and quaintness ; and as Demosthenes eclipsed the glory of Lysias, so the pompous and stately elocution of the moderns has ob- scured the lustre of Cato. But many of us are deficient in taste and discernment, for we admire the Greeks for their an- tiquity, and what is called their Attic neatness, and yet have never noticed the same quality in Cato. This was the dis- tinguishing character, say they, of Lysias and Hyperides. I own it, and I admire them for it ; but why not allow a share of it to Cato ? They are fond, they tell us, of the Attic style of eloquence ; and their choice is certainly judicious, provided they not only copy the dry bones, but imbibe the animal spir- its of those models. What they recommend, however, is, to do it justice, an agreeable quality. But why must Lysias and Hyperides be so fondly admired, while Cato is entirely overlooked ? His language indeed has an antiquated air, and some of his expressions are rather too harsh and inelegant. But let us remember that this was the language of the time ; only change and modernize it, which it was not in his power to do ; add the improvements of number and cadence, give an easier turn to his sentences, and regulate the structure and connection of his words (which was as little practiced even by the older Greeks as by him), and you will find no one who can claim the preference to Cato. The Greeks themselves acknowledge that the chief beauty of composition results from the frequent use of those tralatitious forms of expression which they call tropes^ and of those various attitudes of language and sentiment which they call figures ; but it is almost incred- ible in what copiousness, and with what amazing variety, they are all employed by Cato.

XVIII. " I know, indeed, that he is not sufficiently polish- ed, and that recourse must be had to a more perfect model for imitation ; for he is an author of such antiquity, that he is the oldest now extant whose writings can be read with patience ; and the ancients, in general, acquired a much greater reputa- tion in every other art than in that of speaking. But who that has seen the statues of the moderns, will not perceive in a moment that the figures of Canachus are too stiff and formal to resemble life % Those of Calamis, though evidently harsh,

I

REMARKS ON EMINENT ORATORS. 281

are somewhat softer. Even the statues of Myron are not suf- ficiently alive ; and yet you would not hesitate to pronounce them beautiful. But those of Polycletes are much finer, and, in my mind, completely finished. The case is the same in painting ; for in the works of Zeuxis, Polygnotus, Timanthes, and several other masters, who confined themselves to the use of four colors, we commend the air and the symmetry of their figures ; but in Echion, Nicomachus, Protogenes, and Apelles, every thing is finished to perfection. This, I believe, will hold equally true in all the other arts ; for there is not one of them which was invented and carried to perfection at the same time. I can not doubt, for instance, that there were many poets be- fore Homer; we may infer it from those very songs which he himself informs us were sung at the feasts of the Phaea- cians, and of the profligate suitors of Penelope. Nay, to go no farther, what is become of the ancient poems of our own countrymen ?

*Such as the fauns and rustic bards composed, When none the rocks of poetry had cross'd, Nor wish'd to form his style by rules of art, Before this vent'rous man,' etc.

" Old Ennius here speaks of himself; nor does he carry his boast beyond the bounds of truth; the case being really as he describes it. For we had only an Odyssey in Latin, which resembled one of the rough and unfinished statues of Daedalus ; and some dramatic pieces of Livius, which will scarcely bear a second reading. This Livius exhibited his first performance at Rome in the consulship of Marcus Tuditanus, and Caius Clodius the son of Caecus, the year before Ennius was born, and, according to the account of my friend Atticus (whom I choose to follow), the ^ye hundred and fourteenth from the building of the city. But historians are not agreed about the date of the year. Attius informs us that Livius was taken prisoner at Tarentum by Quintus Maximus in his fifth con- sulship, about thirty years after he is said by Atticus, and our ancient annals, to have introduced the drama. He adds, that he exhibited his first dramatic piece about eleven years after, in the consulship of Caius Cornelius and Quintus Minu- cius, at the public games which Salinator had vowed to the Goddess of Youth for his victory over the Senones, But in this, Attius was so far mistaken, that Ennius, when the per-

282 BRUTUS; or,

sons above mentioned were consuls, was fortj years old ; so that if Livius was of the same age, as in this case he would have been, the first dramatic author we had must have been younger than Plautus and Naevius, who had exhibited a great number of plays before the time he specifies.

XIX. '^ If these remarks, my Brutus, appear unsuitable to the subject before us, you must throw the whole blame upon Atticus, who has inspired me with a strange curiosity to in- quire into the age of illustrious men, and the respective times of their appearance." On the contrary," said Brutus, " I am highly pleased that you have carried your attention so far; and I think your remarks well adapted to the curious task you have undertaken, the giving us a history of the different classes of orators in their proper order." " You understand me right- ly," said I ; " and I heartily wish those venerable Odes were still extant, which Cato informs us, in his Antiquities, used to be sung by every guest in his turn at the homely feasts of our ancestors, many ages before, to commemorate the feats of their heroes. But the Punic War of that antiquated poet, whom Ennius so proudly ranks among the fauns and rustic hards^ affords me as exquisite a pleasure as the finest statue that was ever formed by Myron. Ennius, I allow, was a more finished writer; but if he had really undervalued the other, as he pretends to do, he would scarcely have omitted such a bloody war as the first Punic, when he attempted professedly to describe all the wars of the Eepublic. Nay, he himself as- signs the reason :

" * Others (said he) that cruel war have sung.*

Very true, and they have sung it with great order and pre- cision, though not, indeed, in such elegant strains as yourself This you ought to have acknowledged, as you must certainly be conscious that you have borrowed many ornaments from Na3vius ; or if you refuse to own it, I shall tell you plainly that you have pilfered them.

" Contemporary with the Cato above mentioned (though somewhat older) were Caius Flaminius, Caius Varro, Quintus Maximus, Quintus Metellus, Publius Lentulus, and Publius Crassus, who was joint consul with the elder Africanus. This Scipio, we are told, was not destitute of the powers of elocu- tion ; but his son, who adopted the younger Scipio (the son of Paulus JEmilius), would have stood foremost in the list of

REMARKS ON EMINENT ORATORS. 283

orators, if he had possessed a firmer constitution. This is evident from a few speeches, and a Greek History of his, which are very agreeably written.

XX. " In the same class we may place Sextus ^lius, who was the best lawyer of his time, and a ready speaker. A little after these, flourished Caius Sulpicius Gallus, who was better acquainted with the Grecian literature than all the rest of the nobility, and to his reputation as a graceful orator, he added the highest accomplishments in every other respect; for a more copious and splendid way of speaking began now to prevail. When this Sulpicius, in quality of praetor, was celebrating the public shows in honor of Apollo, died the poet Ennius, in the consulship of Quintus Marcius and Cneius Servilius, after exhibiting his tragedy of Thyestes. At the same time lived Tiberius Gracchus, the son of Publius, who was twice consul and censor ; a Greek oration of his to the Rhodians is still extant, and he bore the character of a worthy citizen and an eloquent speaker. We are likewise told that Publius Scipio Nasica, surnamed Corculum^ as a favorite of the people, and who also had the honor to be twice chosen consul and censor, was esteemed an able orator. To him we may add Lucius Lentulus, who was joint consul with Caius Figulus; Quintus Nobilior, the son of Marcus, who was in- clined to the study of literature by his father's example, and presented Ennius (who had served under his father in ^tolia) with the freedom of the city, when he founded a colony in quality of triumvir ; and his colleague Titus Annius Luscus, who is said to have been tolerably eloquent. We are like- wise informed that Lucius Paulus, the father of Africanus, defended the character of an eminent citizen in a public speech ; and that Cato, who died in the eighty-third year of his age, was then living, and actually pleaded that very year against the defendant Servius Galba, in the open forum, with great energy and spirit ; he has left a copy of this oration behind him.

XXL "But when Cato was in the decline of life, a crowd of orators, all younger than himself, made their appearance

^ His name was Publius Cornelius Scipio Nasica. From Cornelius^ as being a favorite of the people, he was called Corculum, the ^ ' little heart" of the people. In our language, with nearer affinity to hi» real name, he might have been styled '* kernel" of the people.

284 BRUTUS; ok,

at the same time ; for Aulus Albinus, who wrote a history in Greek, and shared the consulship with Lucius Lucullus, was greatly admired for his learning and elocution ; and nearly ranked with him were Servius Fulvius and Servius Fabius Pictor, the latter of whom was well acquainted with the laws of his country, the belles-lettres, and the history of antiquity. Quintus Fabius Labeo likewise excelled in the same accom- plishments. But Quintus Metellus, whose four sons attained the consular dignity, was admired for his eloquence beyond the rest ; he undertook the defense of Lucius Cotta, when ac- cused by Africanus, and composed many other speeches, par- ticularly that against Tiberius Gracchus, of which we have a full account in the annals of Caius Fannius. Lucius Cotta himself was likewise reckoned a skillful speaker ;^ but Caius Loelius and Publius Africanus were allowed by all to be more finished orators ; their orations are still extant, and may serve as specimens of their respective abilities. But Servius Galba, who somewhat preceded either of them in years, was indis- putably the best speaker of the age. He was the first among the Romans who displayed the proper and distinguishing tal- ents of an orator ; such as, digressing from his subject to em- bellish and diversify it — soothing or alarming the passions, exhibiting every circumstance in the strongest light — implor- ing the compassion of his audience — and artfully enlarging on those topics, or general principles of pr^idence or morality, on which the stress of his argument depended ; and yet, I know not how, though he is allowed to have been the greatest ora- tor of his time, the orations he has left are more inanimate, and have more the air of antiquity, than those of Laelius, or Scipio, or even of Cato himself. Their beauties have so de- cayed with age, that scarcely any thing remains of them but the bare skeleton. In the same manner, though both Laelius and Scipio are greatly extolled for their abilities, the prefer- ence was given to Laelius as a speaker; and yet his oration, in defense of the privileges of the Sacerdotal college, has no greater merit than any one that might be named of the numerous speeches of Scipio. Nothing, indeed, can be sweet-

^ The original is veterator habitus. He was deemed "a veteran," i. e., he possessed all the skill of long-continued practice. Sextus Pompeius interprets veterator es^ " callidi dicti a multa rerum gerendarum vetus- tate.'^

REMARKS ON EMNENT ORATORS. 285

er and milder than that of Laelius, nor could any thing have been urged with greater dignity to support the honor of re- ligion ; but, of the two, Laelius appears to me to be less pol- ished, and to speak more of the mould of time than Scipio; and, as different speakers have different tastes, he had, in my mind, too strong a relish for antiquity, and was too fond of using obsolete expressions. But such is the jealousy of man- kind, that they will not allow the same person to be possessed of too many perfections. For, as in military prowess they thought it impossible that any man could vie with Scipio, though Laelius had not a little distinguished himself in the war with Viriathus ; so for learning, eloquence, and wisdom, though each was allowed to be above the reach of any other competitor, they adjudged the preference to Laelius. Nor was this the opinion of the public only, but it seems to have been allowed by mutual consent between themselves ; for it was then a general custom, as candid in this respect as it was fair and just in every other, to give his due to each.

XXIL "I accordingly remember that Publius Rutilius Rufus once told me at Smyrna, that when he was a young man, the two consuls Publius Scipio and Decimus Brutus, by order of the Senate, tried a capital cause of great conse- quence. For several persons of note having been murdered in the Silan Forest, and the domestics and some of the sons of a company of gentlemen who farmed the taxes of the pitch-manufactory, being charged with the fact, the consuls were ordered to try the cause in person. Laelius, he said, spoke very sensibly and elegantly, as indeed, he always did, on the side of the farmers of the customs. But the consuls, after hearing both sides, judging it necessary to refer the matter to a second trial, the same Laelius, a few days after, pleaded their cause again with more accuracy, and much better than at first. The affair, however, was once more put off for a farther hearing. Upon this, when his clients attended Laelius to his own house, and, after thanking him for what he had already done, earnestly begged him not to be disheartened by the fatigue he had suffered, he assured them he had exerted his utmost to defend their reputation; but frankly added, that he thought their cause would be more effectually sup- ported by Servius Galba, who possessed talents more power- ful and penetrating than his own. They, accordingly, by the

286 BRUTUS; or,

advice of Lselius, requested Galba to undertake it. To this he consented, but with the greatest modesty and reluctance, out of respect to the illustrious advocate he v^as going to suc- ceed ; and as he had only the next day to prepare himself, he spent the whole of it in considering and digesting his cause. When the day of trial was come, Rutilius himself, at the re- quest of the defendants, went early in the morning to Gal- ba, to give him notice of it, and conduct him to the court in proper time. But till word was brought that the consuls were going to the bench, he confined himself in his study, where he suiFered no one to be admitted ; and continued very busy in dictating to his amanuenses, several of whom (as in- deed he often used to do) he kept fully employed at the same time. While he was thus engaged, being informed that it was high time for him to appear in court, he left his house with that animation and glow of countenance, that you would have thought he had not on\j prepared his cause, but actual- ly carried it. Kutilius added, as another circumstance worth noticing, that his scribes, who attended him to the bar, ap- peared excessively fatigued, from whence he thought it proba- ble that he was equally warm and vigorous in the composi- tion as in the delivery of his speeches. But to conclude the story, Galba pleaded his cause before Loelius himself, and a very numerous and attentive audience, with such uncommon force and dignity, that every part of his oration received the applause of his hearers ; and so powerfully did he move the feelings and insure the sympathy of the judges, that his clients were immediately acquitted of the charge, to the satisfaction of the whole court.

XXIII. ^^ As, therefore, the two princi pal qualities re- q uired in an orator are perspicuity in stating the subject,^ ind d ignified ardor in moving the passio ns; and as he^whcT^res and inflames his audience, will always effect more than he who can barely inform and amuse them ; we may conjecture from the above narrative, with which I w^as favored by Ku- tilius, that Laelius was most admired for his elegance, and Galba for his pathetic force. But the energy peculiar to him was most remarkably exerted, when, having in his prae- torship put to death some Lusitanians, contrary, it was be- lieved, to his previous and express engagement, Titus Libo, the tribune, exasperated the people against him, and preferred

REMARKS ON EMINENT ORATORS. 287

a bill which was to operate against his conduct as a subse- quent law. Marcus Cato, as I have before mentioned, though extremely old, spoke in support of the bill with great vehe- mence ; which speech he inserted in his book of Antiquities^ a few days, or at most only a month or two, before his death. On this occasion, Galba not refusing to plead to the charge, and submitting his fate to the generosity of the people, rec- ommended his children to their protection, with tears in his eyes ; and particularly his young ward, the son of Caius Gallus Sulpicius, his deceased friend, whose orphan state and pierc- ing cries, which were the more regarded for the sake of his illustrious father, excited their pity in a wonderful manner ; and thus, as Cato informs us in his History, he escaped the flames which would otherwise have consumed him, by em- ploying the children to move the compassion of the people. I likewise find (what may be easily judged from his orations still extant) that his prosecutor, Libo, was a man of some eloquence." As I concluded these remarks with a short pause, " What can be the reason," said Brutus, " if there was so much merit in the oratory of Galba, that there is no trace of it to be seen in his orations ? a circumstance which I have no opportunity to be surprised at in others, who have left nothing behind them in writing."

XXIV. " The reasons," said I, " why some have not writ- ten any thing, and others not so well as they spoke, are very different. Some of our orators, as being indolent, and unwill- ing to add the fatigue of private to public business, do not practice composition ; for most of the orations we are now possessed of were written, not before they were spoken, but some time afterward. Others did not choose the trouble of improving themselves, to which nothing more contributes than frequent writing; and as to perpetuating the fame of their eloquence, they thought it unnecessary, supposing that their eminerfce in that respect was sufficiently established al- ready, and that it would be rather diminished than increased by submitting any written specimen of it to the arbitrary test of criticism. Some also were sensible that they spoke much better than they were able to write ; which is generally the case of those who have a great genius, but little learning, such as Servius Galba. When he spoke, he was perhaps so much animated by the force of his abilities, and the natural

288 BRUTUS; or,

warmth and impetuosity of his temper, that his language was rapid, bold, and striking ; but afterward, when he took up the pen in his leisure hours, and his passion had sunk into a calm, his elocution became dull and languid. This indeed can never happen to those whose only aim is to be neat and polished ; because an orator may always be master of that discretion which will enable him both to speak and write in the same agreeable manner ; but no man can revive at pleas- ure the ardor of his passions ; and when that has once sub- sided, the fire and pathos of his language will fee extin- guished. This is the reason why the calm and easy spirit of Laelius seems still to breathe in his writings ; whereas the vigor of Galba is entirely withered away.

XXV. " We may also reckon in the number of middling orators, the two brothers Lucius and Spurius Mummius, both whose orations are still in being ; the style of Lucius is plain and antiquated ; but that of Spurius, though equally unem- bellished, is more close and compact ; for he was well versed in the doctrine of the Stoics. The orations of Spurius Alpi- nus, their contemporary, are very numerous ; and we have sev- eral by Lucius and Caius Aurelius Oresta, who were esteem- ed indifferent speakers. Publius Popilius also was a worthy citizen, and had a moderate share of elocution; but his son Caius was really eloquent. To these we may add Caius Tu- ditanus, who was not only very polished and graceful in his manners and appearance, but had an elegant turn of expres- sion ; and of the same class was Marcus Octavius, a man of inflexible constancy in every just and laudable measure ; and who, after being insulted and disgraced in the most public manner, defeated his rival Tiberius Gracchus by the mere dint of his perseverance. But Marcus ^milius Lepidus, who was surnamed Porcina, and flourished at the same time as Galba, though he was indeed something younger, was esteem- ed an orator of the first eminence ; and really appears, from his orations which are still extant, to have been a masterly writer. For he was the first speaker among the Pomans who gave us a specimen of the easy gracefulness of the Greeks ; and who was distinguished by the measured flow of his lan- guage, and a style regularly polished and improved by art. His manner was carefully studied by Caius Carbo and Tibe- rius Gracchus, two accomplished youths, who were nearly of

REMARKS ON ElVniSTENT ORATORS. 289

an age : but we must defer their character as public speakers, till we have finished our account of their elders. For Quin- tus Pompeius, considering the time in which he lived, was no contemptible orator, and actually raised himself to the high- est honors of the state by his own personal merit, and with- out being recommended, as usual, by the quality of his ances- tors. Lucius Cassius too derived his influence, which was very considerable, not, indeed, from the highest powers, yet from a tolerable share of eloquence ; for it is remarkable that he made himself popular, not as others did, by his complai- sance and liberality, but by the gloomy rigor and severity of his manners. His law for collecting the votes of the people by way of ballot, was strongly opposed by the tribune Marcus Antius Briso, who was supported by Marcus Lepidus, one of the consuls : and it was afterward objected to Africanus, that Briso dropped the opposition by his advice. At this time the two Csepios were very serviceable to a number of clients by their superior judgment and eloquence, but still more so by their extensive interest and popularity. But the written speeches of Pompeius (though it must be owned they have rather an antiquated air) discover an amazing sagacity, and are very far from being dry and spiritless.

XXVI. " To these we must add Publius Crassus, an ora- tor of uncommon merit, who was qualified for the profession by the united efforts of art and nature, and enjoyed some oth- er advantages which were almost peculiar to his family. For he had contracted an affinity with that accomplished speaker Servius Galba above mentioned, by giving his daughter in marriage to Galba's son ; and being likewise himself the son of Mucins, and the brother of Publius Scsevola, he had a fine opportunity at home (which he made the best use of) to gain a thorough knowledge of the civil law. He was a man of un- usual application, and was much beloved by his fellow-citi- zens, being constantly employed either in giving his advice, or pleading causes in the forum. Contemporary with the speakers I have mentioned were the two Caii Fannii, the sons of Caius and Marcus, one of whom (the son of Caius), who was joint consul with Domitius, has left us an excellent speech against Gracchus, who proposed the admission of the Latin and Italian allies to the freedom of Rome." Do you really think, then," said Attic us, " that Fannius was the au-

N

290 BRUTUS; OR,

thor of that oration ? For when we were young, there were different opinions about it. Some asserted that it was writ- ten by Caius Fersius, a man of letters, and much extolled for his learning by Lucilius ; and others believed it the joint pro- duction of a number of noblemen, each of wliom contributed his best to complete it." This I remember," said I; but I could never persuade myself to coincide with either of them. Their suspicion, I believe, was entirely founded on the char- acter of Fannius, who was only reckoned among the middling orators ; whereas the speech in question is esteemed the best which the time afforded. But, on the other hand, it is too much of a piece to have been the mingled composition of many ; for the flow of the periods, and the turn of the lan- guage, are perfectly simihir, throughout the whole of it. And as to Fersius, if he had composed it for Fannius to pronounce, Gracchus would certainly have taken some notice of it in his reply; because Fannius rallies Gracchus pretty severely, in one part of it, for employing Menelaus of Maratho, and sev- eral others, to compose his speeches. We may add, that Fan- nius himself was no contemptible orator ; for he pleaded a number of causes, and his trilDuneship, which was chiefly con- ducted under the management and direction of Fublius Afri- canus, exhibited much oratory. But the other Caius Fanni- us (the son of Marcus and son-in-law of Caius La3lius) was of a rougher cast, both in his temper and manner of speaking. By the advice of his father-in-law (of whom, by-the-by, he was not remarkably fond, because he had not voted for his admission into the college of augurs, but gave the preference to his younger son-in-law, Quintus Scoevola ; though Laelius politely excused himself, by saying that the preference was not given to the youngest son, but to his wife the eldest daughter), by his advice, I say, he attended the lectures of Pansetius. His abilities as a speaker may be easily inferred from his history, which is neither destitute of elegance, nor a perfect model of composition. As to his brother Mucins, the augur, whenever he was called upon to defend himself, he al- ways pleaded his own cause ; as, for instance, in the action which was brought against him for bribery by Titus Albucius. But he was never ranked among the orators, his chief merit being a critical knowledge of the civil law, and an uncommon accuracy of judgment. Lucius Caelius Antipater, likewise (as

REMARKS ON EMINENT ORATORS. 291

you may see by his works), was an elegant and a perspicuous writer for the time he lived in ; he was also an excellent law- yer, and taught the principles of jurisprudence to many oth- ers, particularly to Lucius Crassus.

XXVII. As to Caius Carbo and Tiberius Gracchus, I wish they had been as welj inclined to maintain peace and good order in the state as they were qualified to support it by their eloquence ; their glory would then have never been ex- celled. But the latter, for his turbulent tribuneship, which he entered upon with a heart full of resentment against the great and good, on account of the odium he had brought upon himself by the treaty of Numantia, Avas slain by the hands of the republic ; and the other, being impeached of a seditious affectation of popularity, rescued himself from the severity of the judges by a voluntary death. That both of them were excellent speakers, is very plain from the general testimony of their contemporaries ; for, as to their speeches now extant, though I allow them to be very skillful and judicious, they are certainly defective in elocution. Gracchus had the ad- vantage of being carefully instructed by his mother Cornelia from his very childhood, and his mind was enriched with all the stores of Grecian literature ; for he was constantly at- tended by the ablest masters from Greece, and particularly, in his youth, by Diophanes of Mitylene, who was the most eloquent Grecian of his age ; but, though he was a man of uncommon genius, he had but a short time to improve and display it. As to Carbo, his whole life was spent in trials and forensic debates. He is said, by very sensible men who heard him, and among others by our friend Lucius Gellius, who lived in his family in the time of his consulship, to have been a sonorous, a fluent, and a spirited speaker, and like- wise, upon occasion, very pathetic, very engaging, and ex- cessively humorous : Gellius used to add, that he applied himself very closely to his studies, and bestowed much of his time in writing and private declamation. He was, therefore, esteemed the best pleader of his time ; for no sooner had he begun to distinguish himself in the forum, but the depravity of the age gave birth to a number of lawsuits ; and it was first found necessary, in the time of his youth, to settle the form of public trials, which had never been done before. We ac- cordingly find that Lucius Piso, then a tribune of the people,

292 BRUTUS; or,

was the first who proposed a law against bribery, which he did when Censorinus and Manilius were consuls. This Piso, too, was a professed pleader, who moved and opposed a great number of laws ; he left some orations behind him, which are now lost, and a book of annals very indifferently written. But in the public trials, in which Carbo was concerned, the assistance of an able advocate had become more necessary than ever, in consequence of the law for voting by ballots, which was proposed and carried by Lucius Cassius, in the consulship of Lepidus and Mancinus.

XXVIII. '^ I have likewise been often assured by the poet Attius (an intimate friend of his) that your ancestor Decimus Brutus, the son of Marcus, was no inelegant speaker; and that, for the time he lived in, he was well versed both in the Greek and Roman literature. He ascribed the same accom- plishments to Quintus Maximus, the grandson of Lucius Pau- lus ; and added that, a little prior to Maximus, the Scipio, by whose instigation (though only in a private capacity) Tiberius Gracchus was assassinated, was not only a man of great ar- dor in all other respects, but very warm and spirited in his manner of speaking. Publius Lentulus too, the father of the senate, had a sufficient share of eloquence for an honest and useful magistrate. About the same time Lucius Furius Phi- lus was thought to speak our language as elegantly and more correctly than any other man ; Publius Sceevola to be very acute and judicious, and rather more fluent than Philus ; Ma- nius Manilius to possess almost an equal share of judgment with the latter ; and Appius Claudius to be equally fluent, but more warm and pathetic. Marcus Fulvius Flaccus, and Caius Cato the nephew of Africanus, were likewise tolerable orators ; some of the writings of Flaccus are still in being, in which nothing, however, is to be seen but the mere scholar. Publius Decius was a professed rival of Flaccus ; he too was not destitute of eloquence ; but his style was too bold, as his temper was too violent. Marcus Drusus, the son of Clau- dius, who, in his tribuneship, baffled^ his colleague Gracchus

^ Baffled, In the original it runs, Caium Gracchum collegam^ iteruni Tribunum, fecit : but this was undoubtedly a mistake of the transcriber, as being contrary not only to the truth of history, but to Cicero's own account of the matter in lib. iy., De Finibus. Pighius, therefore, has very properly recommended the yyovd /regit instead of/ecit.

REMARKS ON EMINENT ORATORS. 293

(then raised to the same office a second time), was a nervous speaker, and a man of great popularity ; and next to him was his brother Caius Drusus. Your kinsman also, my Brutus (Marcus Pennus), successfully opposed the tribune Gracchus, who was something younger than himself. For Gracchus was qusestor, and Pennus (the son of that Marcus, who was joint consul with Quintus ^lius) was tribune, in the consul- ship of Marcus Lepidus and Lucius Orestes ; but after enjoy- ing the aedileship, and a prospect of succeeding to the highest honors, he was snatched off by an untimely death. As to Ti- tus Flamininus, whom I myself have seen, I can learn nothing but that he spoke our language with great accuracy.

XXIX. "To these we may join Caius Curio, Marcus Scaurus, Publius Rutilius, and Caius Gracchus. It will not be amiss to give a short account of Scaurus and Rutilius ; neither of whom, indeed, had the reputation of being a first- rate orator, though each of them pleaded a number of causes. But some deserving men, who were not remarkable for their genius, may be justly commended for their industry; not that the persons I am speaking of were really destitute of genius, but only of that particular kind of it which distin- guishes the orator. For it is of little consequence to discov- er what is proper to be said, unless you are able to express it in a free and agreeable manner; and even that will be in- sufficient, if not recommended by the voice, the look, and the gesture. It is needless to add, that much depends upon art ; for though, even without this, it is possible, by the mere force of nature, to say many striking things ; yet, as they will after all be nothing more than so many lucky hits, we shall not be able to repeat them at our pleasure. The style of Scaurus, who was a very sensible and an honest man, was remarkably grave, and commanded the respect of the hearer; so that, when he was speaking for his client, you would rather have thought he was giving evidence in his favor than pleading his cause. This manner of speaking, however, though but indifferently adapted to the bar, was very much so to a calm debate in the senate, of which Scaurus was then esteemed the father ; for it not only bespoke his prudence, but, what was still a more important recommendation, his credibility. This advantage, which it is not easy to acquire by art, he derived entirely from nature ; though you know that even here we

294 BRUTUS; or,

have some precepts to assist us. We have several of his ora- tions still extant, and three books inscribed to Lucius Fu- fidius, containing the history of his own life, which, though a very useful work, is scarcely read by any body. But the Institution of Cyriis, by Xenophon, is read by every one ; which, though an excellent performance of the kind, is much less adapted to our manners and form of government, and not superior in merit to the honest simplicity of Scaurus.

XXX. "- Fufidius himself was likewise a tolerable pleader ; but Rutilius was distinguished by his solemn and austere way of speaking ; and both of them were naturally Avarm and spir- ited. Accordingly, after they had rivaled each other for the consulship, he who had lost his election immediately sued his competitor for bribery ; and Scaurus, the defendant, being honorably acquitted of the charge, returned the compliment to KutiUus by commencing a similar prosecution against him, Rutilius was a man of great industry and application, for which he was the more respected, because, besides his plead- ings, he undertook the office (which was a very troublesome one) of giving advice to all who applied to him in matters of law. His orations are very dry, but his juridical remarks are excellent ; for he was a learned man, and well versed in the Greek literature, and was likewise an attentive and con- stant hearer of Panaetius, and a thorough proficient in the doctrine of the Stoics ; whose method of discoursing, though very close and artful, is too precise, and not at all adapted to engage the attention of common people. That self-confi- dence, therefore, which is so peculiar to the sect, was dis- played by him with amazing firmness and resolution ; for though he was perfectly innocent of the charge, a prosecution was commenced against him for bribery (a trial which raised a violent commotion in the city), and yet, though Lucius Crassus and Marcus Antonius, both of consular dignity, were at that time in very high repute for their eloquence, he re- fused the assistance of either, being determined to plead his cause himself, which he accordingly did. Caius Cotta, in- deed, who was his nephew, made a short speech in his vindi- cation, which he spoke in the true style of an orator, though he was then but a youth. Quintus Mucins too said much in his defense, with his usual accuracy and elegance, but not with that force and extension which the mode of trial and the

REMARKS ON EMINENT ORATORS. 295

importance of the cause demanded. Rutilius, therefore, was an orator of the Stoical^ and Scaurus of the Antique cast ; but they are both entitled to our commendation, because in them even this formal and unpromising species of elocution has ap- peared among us with some degree of merit. For as in the theatre, so in the forum, I would not have our applause con- fined to those alone who act the busy and more important characters, but reserve a share of it for the quiet and unam- bitious performer, who is distinguished by a simple truth of gesture, without any violence.

XXXI. " As I have mentioned the Stoics, I must take some notice of Quintus ^lius Tubero, the grandson of Lucius Paullus, who made his appearance at the time we are speak- ing of. He was never esteemed an orator, but was a man of the most rigid virtue, and strictly conformable to the doctrine he professed ; but, in truth, he had not sufficient ease and polish. In his Triumvirate, he declared, contrary to the opinion of Publius Africanus his uncle, that the augurs had no right of exemption from sitting in the courts of justice ; and as in his temper, so in his manner of speaking, he was harsh, unpolished, and austere, on which account he could never raise himself to the honorable posts which were enjoy- ed by his ancestors. But he was a brave and steady citizen, and a warm opposer of Gracchus, as appears from Gracchus's oration against him ; we have likewise some of Tubero's speeches against Gracchus. He was not, indeed, a shining orator, but he was a learned and very skillful disputant." " I find," said Brutus, " that the case is much the same among us, as with the Greeks ; and that the Stoics, in general, are very judicious at an argument, which they conduct by cer- tain rules of art, and are likewise very neat and exact in their language ; but if we take them from this, to speak in public, they make a poor appearance. Cato, however, must be ex- cepted ; in whom, though as rigid a Stoic as ever existed, I could not wish for a more consummate degree of eloquence. I can likewise discover a moderate share of it in Fannius — not so much in Rutilius; but none at all in Tubero." "True," said I; "and we may easily account for it; their whole attention was so closely confined to the study of logic, that they never troubled themselves to acquire the free, dif- fusive, and variegated style which is so necessary for a pub-

296 BRUTUS; or,

lie speaker. But your uncle, you doubtless know, was wise enough to borrow only that from the Stoics which they were able to furnish for his purpose (the art of reasoning) ; but for the art of speaking, he had recourse to the masters of rheto- ric, and exercised himself in the manner they directed. If, however, we must be indebted for every thing to the philos- ophers, the Peripatetic discipline is, in my mind, much the most proper to form our language. For which reason, my Brutus, I the more approve your choice, in attaching your- self to a sect (I mean the philosophers of the old Academy) in whose system a just and accurate way of reasoning is en- livened by a perpetual sweetness and fluency of expression ; but even the delicate and flowing style of the Peripatetics and Academics is not sufficient to complete an orator ; nor yet can he be complete without it. For as the language of the Stoics is too close and contracted to suit the ears of common people, so that of the latter is too diffusive and luxuriant for a spirited contest in the forum, or a pleading at the bar. Who had a richer style than Plato? The philosophers tell us, that if Jupiter himself was to converse in Greek, he would speak like him. Who also was more nervous than Aristotle ? Who sweeter than Theophrastus ? We are told that even Demosthenes attended the lectures of Plato, and was fond of reading what he published ; which, indeed, is sufficiently evi- dent from the turn and majesty of his language ; and he him- self has expressly mentioned it in one of his letters. But the style of this excellent orator is, notwithstanding, much too vi- olent for the academy ; as that of the philosophers is too mild and placid for the forum.

XXXII. "I shall now, with your leave, proceed to the age and merits of the rest of the Roman orators." "Noth- ing," said Atticus — for I can safely answer for my friend Brutus — would please us better." "Curio, then," said I, " was nearly of the age I have just mentioned ; a celebrated speaker, whose genius may be easily ascertained from his ora- tions. For, among several others, we have a noble speech of his for Servius Fulvius, in a prosecution for incest. When we were children, it was esteemed the best then extant ; but now it is almost overlooked among the numerous perform- ances of the same kind which have been lately published." "I am very sensible," replied Brutus, "to whom we are

REMARKS ON EMINENT ORATORS. 297

obliged for the numerous performances you speak of" And I am equally sensible," said I, " who is the person you intend ; for I have at least done a service to my young countrymen, by introducing a loftier and more embellished way of speak- ing than was used before ; and, perhaps, I have also done some harm, because after mine appeared, the speeches of our predecessors began to be neglected by most people ; though never by me, for I can assure you I always prefer them to my own." " But you must reckon me," said Brutus, " among the most people; though I now see, from your recommenda- tion, that I have a great many books to read, of which before I had very little opinion." "But this celebrated oration," said I, "in the prosecution for incest, is in some places exces- sively puerile ; and what is said in it of the passion of love, the inefficacy of questioning by tortures, and the danger of trusting to common hearsay, is indeed pretty enough, but would be insufferable to the chastened ears of the moderns, and to a people who are justly distinguished for the solidity of their knowledge. He likewise wrote several other pieces, spoke a number of good orations, and was certainly an emi- nent pleader ; so that I much wonder, considering how long he lived and the character he bore, that he was never pre- ferred to the consulship.

XXXIII. " But I have a man here^ (Caius Gracchus) who had an amazing genius, and the most ardent application ; and was a scholar from his very childhood ; for you must not im- agine, my Brutus, that we have ever yet had a speaker whose language was richer and more copious than his." " I really think so," answered Brutus ; " and he is almost the only author we have, among the ancients, that I take the trouble to read." "And he well deserves it," said I; "for the Ro- man name and literature were great losers by his untimely fate. I wish he had transferred his affection for his brother to his country ! How easily, if he had thus prolonged his life, would he have rivaled the glory of his father and grand- father ! In eloquence, I scarcely know whether we should yet have had his equal. His language was noble ; his senti- ments manly and judicious ; and his whole manner great and

^ He refers, perhaps, to the works of Gracchus, which he might then have in his hand ; or, more probably, to a statue of him, which stood near the place where he and his friends were sitting.

N 2

298 BRUTUS; ok,

striking. He wanted nothing but the finishing touch ; for, though his first attempts were as excellent as they were nu- merous, he did not live to complete them. In short, my Brutus, he^ if any one, should be carefully studied by the Roman youth ; for he is able, not only to sharpen, but to en- rich and ripen their talents. After Mm appeared Caius Galba, the son of the eloquent Servius, and the son-in-law of Publius Crassus, who was both an eminent speaker and a skillful civilian. He was much commended by our fathers, who re- spected him for the sake of Ms ; but he had the misfortune to be stopped in his career ; for, being tried by the Mamilian law as a party concerned in the conspiracy to support Jugur- tha, though he exerted all his abilities to defend himself, he was unhappily condemned. His peroration, or, as it is often called, his epilogue, is still extant; and was so much in re- pute, when we were school-boys, that we used to learn it by heart ; he was the first member of the Sacerdotal College, since the building of Rome, who was publicly tried and condemned* XXXIV. "As to Publius Scipio, who died in his consul- ship, he neither spoke much, nor often; but he was inferior to no one in purity of language, and superior to all in wit and pleasantry. His colleague, Lucius Bestia, who began his trib- uneship very successfully (for, by a law which he preferred for the purpose, he procured the recall of Popilius, who had been exiled by the influence of Caius Gracchus), was a man of spirit, and a tolerable speaker; but he did not finish his consulship equally happily. For, in consequence of the in- vidious law of Mamilius above mentioned, Caius Galba, one of the priests, and the four consular gentlemen, Lucius Bestia, Caius Cato, Spurius Albinus, and that excellent citizen Lu- cius Opimius, who killed Gracchus, of which he was acquit- ted by the people, though he had constantly sided against them, were all condemned by their judges, who were of the Grac- chan party. Very unlike him in his tribuneship, and, in- deed, in every other part of his life, was that infamous citi- zen Caius Licinius Nerva ; but he was not destitute of elo- quence. Nearly at the same time (though, indeed, he was somewhat older) flourished Caius Fimbria, who was rather rough and abusive, and much too warm and hasty; but his application, and his great integrity and firmness, made him a serviceable speaker in the senate. He was likewise a tolera-

REMARKS ON EMINENT ORATORS. 299

ble pleader and civilian, and distinguished by the same rigid freedom in the turn of his language as in that of his virtues. When we were boys, we used to think his orations worth reading, though they are now scarcely to be met with. But Caius Sextius Calvinus was equally elegant, both in his taste and his language, though, unhappily, of a very infirm consti- tution ; when the pain in his feet intermitted, he did not de- cline the trouble of pleading, but he did not attempt it very often. His fellow-citizens, therefore, made use of his advice whenever they had occasion for it, but of his patronage only when his health permitted. Contemporary with these, my good friend, was your namesake Marcus Brutus, the disgrace of your noble family ; who, though he bore that honorable name, and had the best of men and an eminent civilian for his father, confined his practice to accusations, as Lycurgus is said to have done at Athens. He never sued for any of our magistracies, but was a severe and troublesome prosecutor; so that we easily see that in him the natural goodness of the stock was corrupted by the vicious inclinations of the man. At the same time lived Lucius Caesulenus, a man of plebeian rank, and a professed accuser, like the former ; I myself heard him in his old age, when he endeavored, by the Aquilian law, to subject Lucius Sabellius to a fine for a breach of justice. But I should not have taken any notice of such a low-born wretch, if I had not thought that no person I ever heard could give a more suspicious turn to the cause of the defendant, or exaggerate it to a higher degree of criminality. XXXV. " Titus Albucius, who lived in the same age, was well versed in the Grecian literature, or, rather, was almost a Greek himself. I speak of him as I think, but any person who pleases may judge what he was by his orations. In his youth, he studied at Athens, and returned from thence a thorough proficient in the doctrine of Epicurus, which, of all others, is the least adapted to form an orator. His con- temporary, Quintus Catulus, was an accomplished speaker, not in the ancient taste, but (unless any thing more perfect can be exhibited) in the finished style of the moderns. He had copious stores of learning ; an easy, winning elegance, not only in his manners and disposition, but in his very language, and an unblemished purity and correctness of style. This may be easily seen by his orations, and particularly by the

300 BRUTUS ; OR,

History of his Consulship, and of his subsequent transactions, which he composed in the soft and agreeable manner of Xenophon, and made a present of to the poet Aulus Furius, an intimate acquaintance of his. But this performance is as little known as the three books of Scaurus before mentioned." "Indeed, I must confess," said Brutus, "that both the one and the other are perfectly unknown to me ; but that is en- tirely my own fault. I shall now, therefore, request a sight of them from you; and am resolved, in future, to be more careful in collecting such valuable curiosities." "This Catu- lus," said I, "as I have just observed, was distinguished by the purity of his language ; which, though a material accom- plishment, is too much neglected by most of the Roman ora- tors ; for as to the elegant tone of his voice, and the sweetness of his accent, as you knew his son, it will be needless to take any notice of them. His son, indeed, was not in the list of ora- tors ; but whenever he had occasion to deliver his sentiments in public, he neither wanted judgment, nor a neat and liberal turn of expression. Nay, even the father himself was not reckoned the foremost in the rank of orators ; but still he had that kind of merit, that notwithstanding after you had heard two or three speakers who were particularly eminent in their profession, you might judge him inferior; yet, whenever you hear him alone^ and without an immediate opportunity of making a comparison, you would not only be satisfied with him, but scarcely wish for a better advocate. As to Quintus Metellus Numidicus, and his colleague Marcus Silanus, they spoke, on matters of government, with as much eloquence as was really necessary for men of their illustrious character, and of consular dignity. But Marcus Aurelius Scaurus, though he spoke in public but seldom, always spoke very neatly, and he had a more elegant command of the Roman language than most men. Aulus Albinus was a speaker of the same kind ; but Albinus the flamen was esteemed an ora- tor. Quintus Caepio, too, had a great deal of spirit, and was a brave citizen ; but the unlucky chance of war was imputed to him as a crime, and the general odium of the people proved his ruin.

XXXVI. " Caius and Lucius Memmius were likewise in- different orators, and distinguished by the bitterness and as- perity of their accusations ; for they prosecuted many, but

i

REMARKS ON EMINENT ORATORS. 301

seldom spoke for the defendant. Spurius Thorius, on the other hand, was distinguished by his popalai^ way of speak- ing ; the very same man who, by his corrupt and frivolous law, diminished^ the taxes that were levied on the public lands. Marcus Marcellus, the father of JEserninus, though not reckoned a professed pleader, was a prompt, and, in some degree, a practiced speaker ; as was also his son Publius Len- tulus. Lucius Cotta likewise, a man of praetorian rank, was esteemed a tolerable orator; but he never made any great progress; on the contrary, he purposely endeavored, both in the choice of his words and the rusticity of his pronunciation, to imitate the manner of the ancients. I am indeed sensible that in this instance of Cotta, and in many others, I have and shall again insert in the list of orators those who, in reality, had but little claim to the character. For it was, professed- ly, my design to collect an account of all the Romans, with- out exception, who made it their business to excel in the pro- fession of eloquence; and it may be easily seen from this ac- count by what slow gradations they advanced, and how ex- cessively difficult it is in every thing to rise to the summit of perfection. As a proof of this, how many orators have been already recounted, and how much time have we bestowed upon them, before we could ascend, after infinite fatigue and drudgery, as, among the Greeks, to Demosthenes and Hyperides^ so now, among our own countrymen, to Antonius and Crassus ! For, in my mind, these were consummate orators, and the first among the Romans whose diffusive eloquence rivaled the glory of the Greeks.

XXXVII. "Antonius comprehended every thing which could be of service to his cause, and he arranged his 'materials in the most advantageous order; and as a skillful general posts the cavalry, the infantry, and the light-troops, where each of them can act to most advantage, so Antonius drew up his arguments in those parts of his discourse, where they were likely to have the best effect. He had a quick and re- tentive memory, and a frankness of manner which precluded any suspicion of artifice. All his speeches were, in appear- ance, the unpremeditated effusions of an honest heart, and yet, in reality, they were preconcerted with so much skill, that the judges were sometimes not so well prepared as they ^ By dividing great part of them among the people.

302 BRUTUS; OR,

should have been to withstand the force of them. His lan- guage, indeed, was not so refined as to pass for the standard of elegance ; for which reason he was thought to be rather a careless speaker; and yet, on the other hand, it was neither vulgar nor incorrect, but of that solid and judicious turn which constitutes the real merit of an orator as to the choice of his words. For, though a purity of style is certainly, as has been observed, a very commendable quality, it is not so much so for its intrinsic consequence as because it is too gen- erally neglected. In short, it is not so meritorious to speak our native tongue correctly, as it is disgraceful to speak it otherwise, nor is it so much the characteristic of a good ora- tor as of a well-bred citizen. But in the choice of his words (in which he had more regard to their weight than their brilliance), and likewise in the structure of his language and the compass of his periods, Antonius conformed himself to the dictates of reason, and, in a great measure, to the nicer rules of art, though his chief excellence was a judicious man- agement of the figures and decorations of sentiment. This was likewise the distinguishing excellence of Demosthenes ; in which he was so far superior to all others, as to be allowed, in the opinion of the best judges, to be the prince of orators. For the figures (as they are called by the Greeks) are the prin- cipal ornaments of an able speaker — I mean those which con- tribute not so much to paint and embellish our language, as to give a lustre to our sentiments.

XXXYIIL "But besides these, of which Antonius had a great command, he had a peculiar excellence in his manner of delivery, both as to his voice and gesture ; for the latter was such as to correspond to the meaning of every sentence, without beating time to the words. His hands, his shoulders, the turn of his body, the stamp of his foot, his posture, his air, and, in short, all his motions, were adapted to his lan- guage and sentiments ; and his voice was strong and firm, though naturally hoarse — a defect which he alone was capa- ble of improving to his advantage ; for in capital causes, it had a mournful dignity of accent, which was exceedingly prop- er, both to win the assent of the judges, and excite their com- passion for a suffering client ; so that in him the observation of Demosthenes was eminently verified ; who, being asked what was the first quality of a good orator, what the second,

REMARKS ON EMINENT ORATOR3. 303

and what the thirds constantly replied, ^ A good enunciation.' But many thought that he was equaled, and others that he was even excelled, by Lucius Crassus. All, however, were agreed in this, that whoever had either of them for his advo- cate, had fio cause to wish for a better. For my own part, notwithstanding the uncommon merit I have ascribed to An- tonius, I must also acknowledge that there can not be a more finished character than that of Crassus. He possessed a wonderful dignity of elocution, with an agreeable mixture of wit and pleasantry, which was perfectly polished, and with- out the smallest tincture of scurrility. His style was correct and elegant, without stiffness or affectation ; his method of reasoning was remarkably clear and distinct; and when his cause turned upon any point of law or equity, he had an in- exhaustible fund of arguments and comparative illustrations. XXXIX. For as Antonius had an admirable turn for suggesting apposite hints, and either suppressing or exciting the suspicions of the hearer, so no man could explain and de- fine, or discuss a point of equity, with a more copious facility than Crassus, as sufficiently appeared upon many other occa- sions, but particularly in the cause of Manius Curius, which was tried before the centumviri. For he urged a great va- riety of arguments in the defense of right and equity, against the literal juhet of the law ; and supported them by such a numerous series of precedents, that he overpowered Quintus Scaevola (a man of uncommon penetration, and the ablest civilian of his time), though the case before them was only a matter of regal rights But the cause was so ably managed by the two advocates, who were nearly of an age, and both of consular rank, that while each endeavored to interpret the law in favor of his client, Crassus was universally allowed to be the best lawyer among the orators, and Scsevola to be the most eloquent civilian of the age ; for the latter could not only discover with the nicest precision what was agreeable to law and equity, but had likewise a conciseness and propriety of expression which was admirably adapted to his purpose. In short, he had such a wonderful vein of oratory in com- menting, explaining, and discussing, that I never beheld his equal ; though in amplifying, embellishing, and refuting, he was rather to be dreaded as a formidable critic, than admired as an eloquent speaker."

304 BRUTUS; OR,

XL. " Indeed," said Brutus, though I always thought I sufficiently understood the character of Scsevola, by the ac- count I had heard of him from Caius Kutilius, whose com- pany I frequented for the sake of his acquaintance with him, I had not the least idea of his merit as an orator. I am now, therefore, not a little pleased to be informed that our republic has had the honor of producing so accomplished a man and such an excellent genius." Really, my Brutus," said I, " you may take it from me, that the Roman state had never been adorned with two finer characters than these. For, as I have before observed that the one was the best lawyer among the orators, and the other the best speaker among the civilians of his time ; so the difference between them, in all other respects, was of such a nature, that it would almost be impossible for you to determine which of the two you would rather choose to resemble. For, as Crassus was the oldest of all our ele- gant speakers, so Scsevola was the most elegant among those who were distinguished by the concise accuracy of their lan- guage ; and as Crassus tempered his affability with a proper share of severity, so the rigid air of Scsevola was not destitute of the milder graces of an affable condescension. Though this was really their character, it is very possible that I may be thought to have embellished it beyond the bounds of truth, to give an agreeable air to my narrative ; but as your favorite sect, my Brutus, the old Academy, has defined all virtue to be a just mediocrity, it was the constant endeavor of these two eminent men to pursue this golden mean ; and yet it so happened, that while each of them sh^*ed a part of the other's excellence, he preserved his own entire." ^'To speak what I think," replied Brutus, I have not only acquired a proper acquaintance with their characters from your account of them, but I can likewise discover that the same comparison might be drawn between you and Servius Sulpicius, which you have just been making between Crassus and Scsevola." " In what manner 1" said I. " Because ^ow," replied Brutus, ^' have taken the pains to acquire as. extensive a knowledge of the law as is necessary for an orator ; and Sulpicius, on the other hand, took care to furnish himself with sufficient eloquence to sup- port the character of an able civilian. Besides, your age cor- responded as nearly to his, as the age of Crassus did to that of Scaevola."

REMARKS ON EMINENT ORATORS. 305

XLI. "As to my own abilities," said I, "the rules of de- cency forbid me to speak of them ; but your character of Ser- vius is a very just one, and I may freely tell you what I think of him. There are few, I believe, who have applied them- selves more assiduously to the art of speaking than he did, or indeed to the study of every useful science. In our youth, we both of us followed the same liberal exercises ; and he aft- erward accompanied me to Rhodes, to pursue those studies which might equally improve him as a man and a scholar ; but when he returned from thence, he appears to me to have been rather ambitious of being the foremost man in a sec- ondary profession, than the second in that which claims the highest dignity. I will not pretend to say that he could not have ranked himself among the first in the latter profession ; but he rather chose to be, what he actually made himself, the first lawyer of his time." " Indeed !" said Brutus : " and do you really prefer Servius to Quintus Scaevola 1" " My opin- ion," said I, "Brutus, is, that Quintus Scaevola and many others had a thorough practical knowledge of the law, but that Servius alone understood it as a science, which he could never have done by the mere study of the law, and without a previous acquaintance with the art, which teaches us to divide a whole into its subordinate parts, to explain an indeterminate idea by an accurate definition ; to illustrate what is obscure by a clear interpretation ; and first to discover what things are of a doubtful nature, then to distinguish them by their different degrees of probability ; and, lastly, to be provided with a certain rule or measure by which we may judge what is true and what false, and what inferences fairly may or may not be deduced from any given premises. This important art he applied to those subjects which, for want of it, were neces- sarily managed by others without due order and precision."

XLII. " You mean, I suppose," said Brutus, " the art of logic." "You suppose very rightly," answered I; "but he added to it an extensive acquaintance with polite literature, and an elegant manner of expressing himself, as is sufiiciently evident from the incomparable writings he has left behind him. And as he attached himself, for the improvement of his eloquence, to Lucius Lucilius Balbus and Caius Aquil- ius Gallus, two very able speakers, he effectually thwarted the prompt celerity of the latter (though a keen, experienced

306 BRUTUS; OR,

man) both in supporting and refuting a charge, by his accu- racy and precision, and overpowered the dehberate formality of Balbus (a man of great learning and erudition) by his adroit and dexterous method of arguing ; so that he equally possessed the good qualities of both, without their defects. As Crassus, therefore, in my mind, acted more prudently than SciBvola (for the latter was very fond of pleading causes, in which he was certainly inferior to Crassus; whereas the former never engaged himself in an unequal competition with Scaevola, by assuming the character of a civilian), so Servius pursued a plan which sufficiently discovered his wisdom ; for as the profession of a pleader and a lawyer are both of them held in great esteem, and give those who are masters of them the most extensive influence among their fellow-citizens, he acquired an undisputed superiority in the one, and improved himself as much in the other as was necessary to support the authority of the civil law, and promote him to the dignity of consul." " This is precisely the opinion I had formed of him," said Brutus. " For a few years ago I heard him oft- en, and very attentively, at Samos, when I wanted to be in- structed by him in the pontifical law, as far as it is connect- ed with the civil ; and I am now greatly confirmed in my opinion of him, by finding that it coincides so exactly with yours. I am likewise not a little pleased to observe that the equality of your ages, your sharing the same honors and pre- ferments, and the affinity of your respective studies and pro- fessions, has been so far from precipitating either of you into that envious detraction of the other's merit, which most peo- ple are tormented with, that, instead of interrupting' your mutual friendship, it has only served to increase and strength- en it ; for, to my own knowledge, he had the same affection for, and the same favorable sentiments of you^ which I now discover in you toward him, I can not, therefore, help re- gretting very sincerely that the Eoman state has so long been deprived of the benefit of his advice and of your eloquence ; a circumstance which is indeed calamitous enough in itself, but must appear much more so to him who considers into what hands that once respectable authority has been of late, I will not say transferred, but forcibly wrested." " You cer- tainly forget," said Atticus, " that I proposed, when we be- gan the .conversation, to drop all matters of state ; by all

REMARKS ON EMINENT ORATORS. 307

means, therefore, let us keep to our plan ; for if we once be- gin to repeat our grievances, there will be no end, I need not say to our inquiries, but to our sighs and lamentations."

XLIII. " Let us proceed, then," said I, " without any far- ther digression, and pursue the plan we set out upon. Cras- sus (for he is the orator we were just speaking of) always came into the forum ready prepared for the combat. He was expected with impatience, and heard with pleasure. When he first began his oration (which he always did in a very ac- curate style), he seemed worthy of the great expectations he had raised. He was very moderate in the movements of his body, had no remarkable variation of voice, never advanced from the ground he stood upon, and seldom stamped his foot ; his language was forcible, and sometimes warm and pathetic ; he had many strokes of humor, which were always tempered with a becoming dignity ; and, what is difficult to attain, he was at once very florid and very concise. In a close contest, he never met with his equal ; and there was scarcely any kind of causes in which he had not signalized his abilities ; so that he enrolled himself very early among the first orators of the time. He accused Caius Carbo, though a man of great elo- quence, when he was but a youth ; and displayed his talents in such a manner, that they were not only applauded, but ad- mired by every body. He afterward defended the virgin Li- cinia, when he was only twenty-seven years of age ; on which occasion he discovered an uncommon share of eloquence, as is evident from those parts of his oration which he left behind him in writing. As he was then desirous to have the honor of settling the colony of Narbonne (as he afterward did), he thought it advisable to recommend himself by undertaking the management of some popular cause. His oration in sup- port of the act which was proposed for that purpose is still extant, and discovers a greater maturity of genius than might have been expected at that time of life. He afterward plead- ed many other causes ; but his tribuneship was so remarkably silent, that if he had not supped with Granius the beadle when he enjoyed that office (a circumstance which has been twice mentioned by Lucilius), we should scarcely have known that a tribune of that name had existed." " I believe so," replied Brutus ; " but I have heard as little of the tribuneship of Scae- vola, though I must naturally suppose that he was the col-

308 BRUTUS; OR,

league of Crassus." "He was so," said I, "in all his other preferments ; but he was not tribune till the year after him ; and when he sat in the rostrum in that capacity, Crassus spoke in support of the Servilian law. I must observe, how- ever, that Crassus had not Scsevola for his colleague in the censorship, for none of the Scoevolas ever solicited that office. But when the last-mentioned oration of Crassus was publish- ed (which I dare say you have frequently read), he w^as thir- ty-four years of age, which was exactly the difference between his age and mine. For he supported the law I have just been speaking of, in the very consulship under which I was born ; whereas he himself was born in the consulship of Quintus Caepio and Caius Laelius, about three years later than An- tonius. I have particularly noticed this circumstance, to specify the time when the Koman eloquence attained its first maturity^ and was actually carried to such a degree of perfec- tion as to leave no room for any one to carry it higher, un- less by the assistance of a more complete and extensive knowl- edge of philosophy, jurisprudence, and history."

XLIV. " But does there," said Brutus, " or will there ever exist a man, who is furnished with all the united accomplish- ments you require f I really do not know," said I ; " but we have a speech made by Crassus in his consulship in praise of Quintus Caepio, intermingled with a defense of his conduct, which, though a short one if we consider it as an oration, is not so as a panegyric ; and another, which was his last, and which he spoke in the forty-eighth year of his age, at the time he was censor. In these we have the genuine complexion of eloquence, without any painting or disguise ; but his periods (I mean those of Crassus) were generally short and concise ; and he was fond of expressing himself in those minuter sen- tences, or members, which the Greeks call colons,^^ " As you have spoken so largely," said Brutus, in praise of the two last-mentioned orators, I heartily wish that Antonius had left us some other specimen of his abilities than his trifling essay on the art of speaking, and Crassus more than he has ; by so doing, they would have transmitted their fame to posterity, and to us a valuable system of eloquence. For as to the ele- gant language of Scaevola, we have sufficient proofs of it in the orations he has left behind him." " For my part," said I, " the oration I was speaking of, on Caepio's case, has been

REMARKS ON EMINENT ORATORS. 309

a model which served to instruct me from my very childhood. It supports the dignity of the senate, which was deeply inter- ested in the debate, and excites the jealousy of the audience against the party of the judges and accusers, whose powers it was necessary to expose in the most popular terms. Many parts of it are very strong and nervous ; many others very cool and composed ; and some are distinguished by the asper- ity of their language, and not a few by their wit and pleas- antry ; but much more was said than was committed to writ- ing, as is sufficiently evident from several heads of the ora- tion, which are merely proposed without any enlargement or explanation. But the oration in his censorship against his colleague Cneius Domitius is not so much an oration as an analysis of the subject, or a general sketch of what he had said, with here and there a few ornamental touches, by way of specimen ; for no contest was ever conducted with greater spirit than this. Crassus, however, was eminently distin- guished by the popular turn of his language ; but that of An- tonius was better adapted to judicial trials than to a public debate.

XLV. As we have had occasion to mention him, Domitius himself must not be left unnoticed ; for, though he is not en- rolled in the list of orators, he had a sufficient share, both of utterance and genius, to support his character as a magis- trate and his dignity as a consul. I might likewise observe of Caius Ceelius that he was a man of great application and many eminent qualities, and had eloquence enough to support the private interests of his friends, and his own dignity in the state. At the same time lived Marcus Herennius, who was reckoned among the middling orators, whose principal merit was the purity and correctness of their language ; and yet, in. a suit for the consulship, he got the better of Lucius Phi- lippus, a man of the first rank and family, and of the most ex- tensive connections, and who was likewise a member of the college, and a very eloquent speaker. Then also lived Caius Clodius, who, besides his consequence as a nobleman of the first distinction and a man of the most powerful influence, was likewise possessed of a moderate share of eloquence. Nearly of the same age was Caius Titius, a Eoman knight, who, in my judgment, arrived at as high a degree of per- fection as a Koman orator was able to do, without the assist-

310 BRUTUS ; OR,

ance of the Grecian literature, and a good share of practice. His orations have so many delicate turns, such a number of well-chosen examples, and such an agreeable vein of polite- ness, that they almost seem to have been composed in the true Attic style. He likev^^ise transferred his delicacies into his tragedies, with ingenuity enough, I confess, but not in the tragic taste. But the poet Lucius Afranius, whom he studi- ously imitated, was a very lively writer, and, as you well know, possessed, great dramatic eloquence. Quintus Rubrius Varro, who with Caius Marius was declared an enemy by the senate, was likewise a warm and very spirited prosecutor. My rela- tion, Marcus Gratidius, was a plausible speaker of the same kind, well versed in Grecian literature, formed by nature for the profession of eloquence, and an intimate acquaintance of Marcus Antonius ; he commanded under him in Cilicia, where he lost his life ; and he once commenced a prosecution against Caius Fimbria, the father of Marcus Marius Gratidianus.

XL VI. " There have likewise been several among the al- lies, and the Latins, who were esteemed good orators ; as, for instance, Quintus Vettius of Vettium, one of the Marsi, whom I myself was acquainted with, a man of sense, and a con- cise speaker ; the Valerii, Quintus and Decimus, of Sora, my neighbors and acquaintances, who were not so remarkable for their talent in speaking, as for their skill both in Greek and Roman literature ; and Caius Rusticellus of Bononia, an ex- perienced orator, and a man of great natural volubility. But the most eloquent of all those who were not citizens of Rome was Tiberius Betucius Barrus of Asculum, some of whose ora- tions, which were spoken in that city, are still extant ; that which he made*at Rome against Caspio is really excellent; the speech which Cagpio delivered in answer to it, was made by ^lius, who composed a number of orations, but pronounced none himself. But among those of a remoter date, Lucius Papirius of Fregellae in Latium, who was almost contemporary with Tiberius Gracchus, was universally esteemed the most eloquent ; we have a speech of his in vindication of the Fre- gellans and the Latin colonies, which was delivered before the senate." '^And what then is the merit," said Brutus, " which you mean to ascribe to these provincial orators?" "What else," replied I, " but the very same which I have ascribed to the city orators, excepting that their language is not tinctured

REMARKS ON EMINENT ORATORS. 311

with the same fashionable delicacy." What fashionable delicacy do you mean?" said he. I can not," said I, pre- tend to define it ; I only know that there is such a quality ex- isting. When you go to your province in Gaul, you will be convinced of it. You will there find many expressions which are not current in Rome ; but these may be easily changed and corrected. But, what is of greater importance, our ora- tors have a particiflar acgaixtui l their m^nn eTofpronouncrng, which is more elegant, a£d_haa-.a.Ji]jQrajagreSa^^

any other^ TMs^-hoWever, is not peculiar to the orators, but

is equally common to every well-bred citizen. I myself re- member that Titus Tineas, of Placentia, who was a very face- tious man, once engaged in raillery with my old friend Quintus Granius, the public crier." "Do you mean that Granius," said Brutus, " of whom Lucilius has related such a number of stories f " The very same," said I ; " but, though Tineas said as many smart things as the other, Granius at last over- powered him by a certain vernacular cjoid^ which gave an ad- ditional relish to his humor ; so that I am no longer surprised at what is said to have happened to Theophrastus, when he inquired of an old woman who kept a stall, what was the price of something which he wanted to purchase. After tell- ing him the value of it, 'Honest stranger ^^ said she, 'I can not afford it for less ;' an answer which nettled him not a lit- tle, to think that he who had resided almost all his life at Athens, and spoke the language very correctly, should be taken at last for a foreigner. In the same manner, there is, in my opinion, a certain accent as peculiar to the native citizens of Rome, as the other was to those of Athens. But it is time for us to return home ; I mean, to the orators of our own growth.

XLYTI. " Next, therefore, to the two capital speakers above mentioned (that is, Crassus and Antonius) came Lucius Phi- lippus — not, indeed, till a considerable time afterward ; but still he must be reckoned the next. I do not mean, however, though nobody appeared in the interim who could dispute the prize with him, that he was entitled to the second, or even the third post of honor. For as in a chariot-race I can not properly consider him as either the second or third winner who has scarcely got clear of the starting-post before the first has reached the goal ; so, among orators, I can scarcely honor

B12 BRUTUS ; OK,

him with the name of a competitor who has been so far dis- tanced by the foremost as hardly to appear on the same ground with him. But yet there were certainly some talents to be observed in Philippus, which any person who considers them, without subjecting them to a comparison with the superior merits of the two before mentioned, must allow to have been respectable. He had an uncommon freedom of address, a large fund of humor, great facility in the invention of his sentiments, and a ready and easy manner of expressing them. He was likewise, for the time he lived in, a great adept in the litera- ture of the Greeks ; and, in the heat of a debate, he could sting antl lash, as w^ell as ridicule his opponents. Almost contemporary with these was Lucius Gellius, who was not so much to be valued for his positive as for his negative merits ; for he was neither destitute of learning, nor invention, nor unacquainted with the history and the laws of his country ; besides which, he had a tolerable freedom of expression. But he happened to live at a time when many excellent orators made their appearance ; and yet he served his friends upon many occasions to good purpose ; in short, his life w^as so long, that he was successively contemporary with a variety of orators of different periods, and had an extensive series of practice in judicial causes. Nearly at the same time lived Decimus Brutus, who was fellow-consul with Mamercus, and was equally skilled both in the Grecian and Roman literature. Lucius Scipio likewise was not an unskillful speaker ; and Cnj:8us Pompeius, the son of Sextus, had some reputation as an orator ; for his brother Sextus applied the excellent genius he was possessed of to acquire a thorough knowledge of the civil law, and a complete acquaintance with geometry and the doctrine of the Stoics. A little before these, Marcus Brutus, and very soon after him Caius Bilienus, who was a man of great natural capacity, made themselves, by nearly the same application, equally eminent in the profession of the law ; the latter would have been chosen consul if he had not been thwarted by the repeated promotion of Marius, and some other collateral embarrassments which attended his suit. But the eloquence of Cnaeus Octavius, which was wholly unknown be- fore his elevation to the consulship, was effectually displayed, after his preferment to that office, in a great variety of speeches. It is, however, time for us to drop those who were

REMARKS ON EMINENT ORATORS. 313

only classed in the number of good sioeakers^ and turn our at- tention to such as were really orators,'"

I think so too," replied Atticus ; '^ for I understood that you meant to give us an account, not of those who took great pains to be eloquent, but of those who were so in reality."

XL VIII. "- Caius Julius then," said I, "(the son of Lucius), was certainly superior, not only to his predecessors, but to all his contemporaries, in wit and humor ; he was not, indeed, a nervous and striking orator, but, in the elegance, the pleas- antry, and the agreeableness of his manner, he has not been excelled by any man. There are some orations of his still extant, in which, as well as in his tragedies, we may discover a pleasing tranquillity of expression with very little energy. Publius Cethegus, his equal in age, had always enough to say on matters of civil regulation ; for he had studied and com- prehended them with the minutest accuracy, by which means he acquired an equal authority in the senate with those who had served the office of consul, and, though he made no figure in a public debate, he was a serviceable veteran in any suit of a private nature. Quintus Lucretius Yispillo was an acute speaker, and a good civilian in the same kind of causes ; but Osella was better qualified for a public harangue than to con- duct a judicial process. Titus Annius Velina was likewise a man of sense, and a tolerable pleader; and Titus Juventius had a great deal of practice in the same way : the latter, in- deed, was rather too heavy and inanimate, but at the same time was keen and artful, and knew how to seize every ad- vantage which was offered by his antagonist; to which we may add, that he was far from being a man of no literature, but had an extensive knowledge of the civil law. His schol- ar, Publius Orbius, who was almost contemporary with me, had no great practice as a pleader ; but his skill in the civil law was in no respect inferior to his master's. As to Titus Aufidius, who lived to a great age, he was a professed imi- tator of both, and was, indeed, a worthy inoffensive man ; but he seldom spoke at the bar. His brother, Marcus Virgilius, who, when he was a tribune of the people, commenced a pros- ecution against Lucius Sylla, then advanced to the rank of general, had as little practice as Aufidius. Virgilius's col- league, Publius Magius, was more copious and diffusive. But

O

314 BRUTUS; OR,

of all the orators, or rather ranters^ I ever knew, who were totally illiterate and unpolished, and (I might have added) ab- solutely coarse and rustic, the readiest and keenest were Quin- tus Sertorius, and Caius Gorgonius, the one of consular, and the other of equestrian rank. Titus Junius (the son of Lu- cius), who had served the office of tribune, and prosecuted and convicted Fublius Sextius of bribery, when he was pr^tor elect, was a prompt and an easy speaker; he lived in great splendor, and had a very promising genius; and, if he had not been of a weak, and indeed a sickly constitution, he would have advanced much farther than he did in the road to preferment.

XLIX. *'I am sensible, however, that in the account I have been giving, I have included many who were neither real nor reputed orators, and that I have omitted others, among those of a remoter date, who well deserved not only to have been mentioned, but to be recorded with honor. But this I was forced to do for want of better information ; for what could I say concerning men of a distant age, none of whose productions are now remaining, and of whom no men- tion is made in the writings of other people? But I have omitted none of those who have fallen within the compass of my own knowledge, or that I myself remember to have heard. For I wish to make it appear, that in such a powerful and ancient republic as ours, in which the greatest rewards have been proposed to eloquence, though all have desired to be good speakers, not many have attempted the task, and but very few have succeeded. But I shall give my opinion of every one in such explicit terms, that it may be easily under- stood whom I consider as a mere declaimer, and whom as an orator. About the same time, or rather something later than the above-mentioned Julius, but almost contemporary with each other, were Caius Cotta, Publius Sulpicius, Quintus Varius, Cnseus Pomponius, Caius Curio, Lucius Fufius, Mar- cus Drusus, and Publius Antistius ; for no age whatsoever has been distinguished by a more numerous progeny of ora- tors. Of these, Cotta and Sulpicius, both in my opinion and in that of the public at large, had an evident claim to the preference." " But wherefore," interrupted Atticus, " do you say, in your own opinion^ and in that of the public at large? In deciding the merits of an orator, does the opinion of the

REMARKS OIT EMINENT ORATORS. 315

vulgar, think you, always coincide with that of the learned? Or, rather, does not one receive the approbation of the popu- lace, while another of a quite opposite character is preferred by those who are better qualified to give their judgment f " You have started a very pertinent question," said I, " but, perhaps, the public at large will not approve my answer to it." " And what concern need that give you," replied Atticus, '^ if it meets the approbation of Brutus'?" Very true," said I; "for I had rather my sentiments on the qualifications of an orator should please you and Brutus, than all the world be- sides ; but as to my eloquence^ I should wish this to please every one. For he who speaks in such a manner as to please the people, must inevitably receive the approbation of the learned. As to the truth and propriety of what I hear, I am indeed to judge of this for myself, as well as I am able ; but the general merit of an orator must and will be decided by the effects which his eloquence produces^. For (in my op in- ion at le ast) there are thr ee things which an orator shauld be able To"ettect ; vi z;^^,toj^^-/v>^^??. hjs hfarp^gT^-f^'^'^^ thfiTu^ and io^move their passions, _By what qualities in the speaker each oTthese eff6cts'^ay"be produced, or by what deficiencies they are either lost, or but imperfectly performed, is an inquiry which none but an artist can resolve ; but whether an audi- ence is really so affected by an orator as shall best answer his purpose, must be left to their own feelings, and the decision of the public. The learned therefore, and the people at large, have never disagreed about who was a good orator, and who was otherwise.

L. For do you suppose that while the speakers above mentioned were in being, they had not the same degree of reputation among the learned as among the populace? If you had inquired of one of the latter who was the most eloquent man in the city, he might have hesitated whether to say Anto- nius or Crassus ; or this man, perhaps, would have mentioned the one, and that the other. But would any one have given the preference to Philippus, though otherwise a smooth, a sensible, and a facetious speaker? — that Philippus whom we, who form our judgment upon these matters by rules of art, have decided to have been the next in merit? Nobody would, I am certain. For it is the invariable prerogative of an accomplished orator, to be reckoned such in the opinion

1516 BRUTUS; OK,

of the people. Though Antigenidas, therefore, the musician, might say to his scholar, who was but coldly received by the public, Play on, to please me and the Muses; I shall say to my friend Brutus, when he mounts the rostra, as he frequently does, Play to me and the people ; that those who hear him may be sensible of the ejfect of his eloquence, while I can likewise amuse myself with remarking the causes which produce it. When a citizen hears an able orator, he readily credits what is said ; he imagines every thing to be true, he believes and relishes the force of it ; and, in short, the persuasive language of the speaker wins his absolute, his hearty assent. You, who are possessed of a critical knowledge of the art, what more will you require? Tlie listening multitude is charmed and captivated by the force of his eloquence, and feels a pleasure which is not to be resisted. What here can you find to cen- sure? The whole audience is either flushed with joy, or overwhelmed with grief; it smiles or weeps, it loves or hates, it scorns or envies, and, in short, is alternately seized with the various emotions of pity, shame, remorse, resentment, wonder, hope, and fear, according as it is influenced by the language, the sentiments, and the action of the speaker. In this case, what necessity is there to await the sanction of a critic? For here, whatever is approved by the feelings of the people, must be equally so by men of taste and erudition ; and, in this instance of public decision, there can be no dis- agreement between the opinion of the vulgar and that of the learned. For, though many good speakers have appeared in every species of oratory, which of them who was thought to excel the rest in the judgment of the populace was not ap- proved as such by every man of learning ? or which of our ancestors, when the choice of a pleader was left to his own option, did not immediately fix it either upon Crassus or An- tonius? There were certainly many others to be had; but, though any person might have hesitated to which of the above two he should give the preference, there was nobody, I be- lieve, who would have made choice of a third. And in the time of my youth, when Cotta and Hortensius were in such high reputation, who, that had liberty to choose for himself, would have employed any other?"

LI. "But what occasion is there," said Brutus, "to quote the example of other speakers to support your assertion?

REMARKS ON EMINENT ORATORS. 317

have we not seen what has always been the wish of the de- fendant, and what the judgment of Hortensius, concerning yourself? for whenever the latter shared a cause with you (and I was often present on those occasions), the peroration, which requires the greatest exertion of the powers of elo- quence, was constantly left to 2/ow." " It was," said I ; and Hortensius (induced, I suppose, by the warmth of his friend- ship) always resigned the post of honor to me. But, as to myself, what rank I hold in the opinion of the people I am unable to determine ; as to others, however, I may safely as- sert, that such of them as were reckoned most eloquent in the judgment of the vulgar, were equally high in the estimation of the learned. For even Demosthenes himself could not have said what is related of Antimachus, a poet of Claros, who, when he was rehearsing to an audience, assembled for the purpose, that voluminous piece of his which you are well acquainted with, and was deserted by all his hearers except Plato, in the midst of his performance, cried out, I shall pro- ceed notwithstanding ; for Plato alone is of more consequence to me than many thousands. The remark was very just. For an abstruse poem, such as his, only requires the approbation of the judicious few, but a discourse intended for the people should be perfectly suited to their taste. If Demosthenes, therefore, after being deserted by the rest of his audience, had even Plato left to hear him, and no one else, I will answer for it, he could not have uttered another syllable. Nor could you yourself, my Brutus, if the whole assembly were to leave you, as it once did Curio?" "To open my whole mind to you," replied he, " I must confess that even in such causes as fall under the cognizance of a few select judges, and not of the people at large, if I were to be deserted by the casual crowd who came to hear the trial, I should not be able to proceed." "The case, then, is plainly this," said I; "as a flute, which will not return its proper sound when it is ap- plied to the lips, would be laid aside by the musician as use- less, so the ears of the people are the instrument upon which an orator is to play ; and if these refuse to admit the breath he bestows upon them, or if the hearer, like a restive horse, will not obey the spur, the speaker must cease to exert him- self any farther.

LII. " There is, however, this exception to be made ; the

318 BRUTUS; OR5

people sometimes give their approbation to an orator who does not deserve it. But even here they approve w^hat they have had no opportunity of comparing with something better ; as, for instance, when they are pleased with an indifferent, or, perhaps, a bad speaker. His abilities satisfy their expecta- tion ; they have seen nothing preferable ; and, therefore, the merit of the day, whatever it may happen to be, meets their full applause. For even a middling orator, if he is possessed of any degree of eloquence, will always captivate the ear; and the order and beauty of a good discourse has an astonish- ing effect upon the human mind. Accordingly, what com- mon hearer who was present when Quintus Scsevola pleaded for Mucins Coponius, in the cause above mentioned, M^ould have wished for, or indeed thought it possible to find any thing which was more correct, more elegant, or more com- plete ? When he attempted to prove, that, as Mucins Curius was left heir to the estate only in case of the death of his fu- ture ward before he came of age, he could not possibly be a legal heir, when the expected ward was never born ; what did he leave unsaid of the scrupulous regard which should be paid to the literal meaning of every testament ? what of the accuracy and preciseness of the old and established forms of law ? and how carefully did he specify the manner in which the will would have been expressed, if it had intended that Curius should be the heir in case of a total default of issr.e? in what a masterly manner did he represent the ill conse- quences to the public if the letter of a will should be disre- garded, its intention decided by arbitrary conjectures, and the written bequests of plain illiterate men left to the artful in- terpretation of a pleader? how often did he urge the authori- ty of his father, who had always been an advocate for a strict adherence to the letter of a testament? and with what em- phasis did he enlarge upon the necessity of supporting the common forms of law? All which particulars he discussed not only with great art and ingenuity, but in such a neat, such a close, and, I may add, in so florid and so elegant a style, that there was not a single person among the common part of the audience who could expect any thing more complete, or even think it possible to exist.

LIIL But when Crassus, who spoke on the opposite side, began with the story of a notable youth, who, having found

REMARKS ON EMINENT ORATORS. 319

an oar-niche of a boat as he was rambling along the shore, took it into his head that he would build a boat to it; and when he applied the tale to Scaevola, who, from the oar-niche of an argument [which he had deduced from certain imagina- ry ill consequences to the public], represented the decision of a private will to be a matter of such importance as to deserve the attention of the centmnviri; when Crassus, I say, in the beginning of his discourse, had thus taken off the edge of the strongest plea of his antagonist, he entertained his hearers with many other turns of a similar kind, and in a short time changed the serious apprehensions of all who were present into open mirth and good-humor, which is one of those three effects which I have just observed an orator should be able to produce. He then proceeded to remark that it was evidently the intention and the will of the testator, that in case, either by death, or default of issue, there should happen to be no son to fall to his charge, the inheritance should devolve to Curius ; that most people in a similar case would express themselves in the same manner, and that it would certainly stand good in law, and always had. By these, and many other observations of the same kind, he gained the assent of his hearers, which is an- other of the three duties of an orator. Lastly, he supported, at all events, the true meaning and spirit of a will, against the literal construction ; justly observing, that there would be an endless caviling about words, not only in wills, but in all other legal deeds, if the real intention of the party were to be disregarded, and hinting very smartly that his friend Scae- vola had assumed a most unwarrantable degree of importance, if no person must afterward presume to indite a legacy but in the musty form which he himself might please to prescribe. As he enlarged on each of these arguments with great force and propriety, supported them by a number of precedents, ex- hibited them in. a variety of views, and enlivened them with many occasional turns of wit and pleasantry, he gained so much applause, and gave such general satisfaction, that it was scarcely remembered that any thing had been said on the con- trary side of the question. This Avas the third, and the most important duty we assigned to an orator. Here, if one of the people were to be judge, the same person who had heard the first speaker with a degree of admiration, would, on hearing the second, despise himself for his former want of judgment;

320 BRUTUS ; OR,

whereas a man of taste and erudition, on hearing Scaevola, would have observed that he was really master of a rich and ornamental style ; but if, on comparing the manner in which each of them concluded his cause, it was to be inquired which of the two was the best orator, the decision of the man of learning would not have differed from that of the vulgar.

LIV. *'What advantage, then, it will be said, has the skillful critic over the illiterate hearer? A great and very important advantage ; if it is, indeed, a matter of any conse- quence to be able to discover by what means that which is the true and real end of speaking is either obtained or lost. He has likewise this additional superiority, that when two or more orators, as has frequently happened, have shared the ap- plauses of the public, he can judge, on a careful observation of the principal merits of each, what is the most perfect char- acter of eloquence, since whatever does not meet the approba- tion of the people must be equally condemned by a more in- telligent hearer. For as it is easily understood by the sound of a harp, whether the strings are skillfully touched ; so it may likewise be discovered from the manner in which the passions of an audience are affected, how far the speaker is able to command them. A man, therefore, who is a real connoisseur in the art, can sometimes, by a single glance, as he passes through the forum, and without stopping to listen attentively to what is said, form a tolerable judgment of the ability of the speaker. When he observes any of the bench either yawning, or speaking to the person who is next to him, or looking carelessly about him, or sending to inquire the time of day, or teazing the quassitor to dismiss the court, he concludes very naturally that the cause upon trial is not pleaded by an orator who understands how to apply the pow- ers of language to the passions of the judges, as a skillful mu- sician applies his fingers to the harp. On the other hand, if, as he passes by, he beholds the judges looking attentively be- fore them, as if they were either receiving some material in- formation, or visibly approved what they had already heard ; if he sees them listening to the voice of the pleader with a kind of ecstasy, like a fond bird to some melodious tune ; and, above all, if he discovers in their looks any strong indications of pity, abhorrence, or any other emotion of the mind ; though he should not be near enough to hear a single word, he imme-

REMARKS ON EMINENT ORATORS. 321

diately discovers that the cause is managed by a real orator, who is either performing, or has already played his part to good purpose."

LV. After I had concluded these digressive remarks, my two friends were kind enough to signify their approbation, and I resumed my subject. "As this digression," said I, "took its rise from Cotta and Sulpicius, whom I mentioned as the two most approved orators of the age they lived in, I shall first return to them^ and afterward notice the rest in their proper order, according to the plan we began upon. I have already observed that there are two classes of good orators (for we have no concern with any others), of which the for- mer are distinguished by the simple neatness and brevity of their language, and the latter by their copious dignity and el- evation ; but although the preference must always be given to that which is great and striking ; yet, in speakers of real merit, whatever is most perfect of the kind is justly entitled to our commendation. It must, however, be observed, that the close iind simple orator should be careful not to sink into a dryness and poverty of expression ; while, on the other hand, the copious and more stately speaker should be equally on his guard against a swelling and empty parade of words. To begin with Cotta, he had a ready, quick invention, and spoke correctly and freely ; and as he very prudently avoided every forcible exertion of his voice, on account of the weak- ness of his lungs, so his language was equally adapted to the delicacy of his constitution. There was nothing in his style but what was neat, compact, and healthy ; and (what may justly be considered as his greatest excellence) though he was scarcely able, and therefore never attempted to force the pas- sions of the judges by a strong and spirited elocution, yet he managed them so artfully, that the gentle emotions he raised in them answered exactly the same purpose, and produced the same effect, as the violent ones which were excited by Sulpicius; for Sulpicius was really the most striking, and, if I may be allowed the expression, the most tragical orator I ever heard ; his voice was strong and sonorous, and yet sweet and flowing ; his gesture and his deportment were graceful and ornamental, but in such a style as to appear to have been formed for the forum, and not for the stage ; and his language, though rapid and voluble, was neither loose nor

02

322 BRUTUS; OR,

exuberant. He was a professed imitator of Crassus, while Cotta chose Antonius for his model ; but the latter wanted the force of Antonius, and the former the agreeable humor of Crassus."

"How extremely difficult, then," said Brutus, "must be the art of speaking, when such consummate orators as these were each of them destitute of one of its principal beauties 1" LVI. "We may likewise observe," said I, "in the present in- stance, that two orators may have the highest degree of mer- it, who are totally unlike each other ; for none could be more so than Cotta and Sulpicius, and yet both of them were far superior to any of their contemporaries. It is therefore the business of every intelligent master to notice what is the nat- ural bent of his pupil's capacity, and taking that for his guide, to imitate the conduct of Isocrates with his two scholars Theopompus and Ephorus, who, after remarking the lively genius of the former, and the mild and timid bashfulness of the latter, is reported to have said that he applied a spur to the one and a curb to the other. The orations now extant, which bear the name of Sulpicius, are supposed to have been written after his decease by my contemporary Publius Canu- tius, a man, indeed, of inferior rank, but who, in my mind, had a great command of language. But we have not a single speech of Sulpicius that was really his own ; for I have often heard him say that he neither had, nor ever could commit any thing of the kind to writing. And as to Cotta's speech in defense of himself, called a vindication of the Varian law, it was composed, at his own request, by Lucius ^lius. This ^lius was a man of merit, and a very worthy Roman knight, who was thoroughly versed in Greek and Roman literature. He had likewise a critical knowledge of the antiquities of his country, both as to the date and particulars of every new im- provement, and every memorable transaction, and was per- fectly well read in the ancient writers ; a branch of learning in which he was succeeded by our friend Varro, a man of genius, arid of the most extensive erudition, who afterward enlarged the plan by many valuable collections of his own, and gave a much fuller and more elegant system of it to the public ; for ^lius himself chose to assume the character of a Stoic, and neither aimed to be, nor ever was an orator ; but he composed several orations for other people to pronounce,

REMARKS ON EINHNENT ORATORS. 323

as for Quintus Metellus, Fabius Quintus Caepio, and Quintus Pompeiiis Rufus ; though the latter composed those speeches himself which he spoke in his own defense, but not without the assistance of ^lius. For I myself was present at the writing of them, in the younger part of my life, when I used to attend ^lius for the benefit of his instructions. But I am surprised that Cotta, who was really an excellent orator, and a man of good learning, should be willing that the trifling speeches of ^lius should be published to the world as his.

LVIL "To the two above mentioned no third person of the same age was esteemed an equal ; Pomponius, however, was a speaker much to my taste, or, at least, I have very lit- tle fault to find with him. But there was no employment for any in capital causes, excepting for those I have already mentioned; because Antonius, who was always courted on these occasions, was very ready to give his service ; and Cras- sus, though not so compilable, generally consented, on any pressing solicitation, to give his. Those who had not interest enough to engage either of these, commonly applied to Phi- lippus or Caesar ; but when Cotta and Sulpicius were at liber- ty, they generally had the preference ; so that all the causes in which any honor was to be acquired were pleaded by these six orators. We may add, that trials were not so frequent then as they are at present, neither did people employ, as they do now, several pleaders on the same side of the ques- tion ; a practice which is attended with many disadvantages. For hereby we are often obliged to speak in reply to those whom we had not an opportunity of hearing ; in which case, what has been alleged on the opposite side is often represent- ed to us either falsely or imperfectly ; and besides, it is a very material circumstance, that I myself should be present to see v/ith what countenance my antagonist supports his allegations, and, still more so, to observe the effect of every part of »his discourse upon the audience. And as every defense should be conducted upon one uniform plan, nothing can be more improperly contrived than to recommence it by assigning the peroration, or pathetical part of it, to a second advocate. For every cause can have but one natural introduction and conclusion, and all the other parts of it, like the members of an animal body, will best retain their proper strength and beauty when they are regularly disposed and connected. We

324 BRUTUS; or,

may add, that, as it is very difficult in a single oration of any length to avoid saying something which does not comport with the rest of it so well as it ought to do, how much more difficult must it be to contrive that nothing shall be said which does not tally exactly with the speech of another per- son who has spoken before you ? But as it certainly re- quires more labor to plead a whole cause than only a part of it, and as many advantageous connections are formed by assist- ing in a suit in which several persons are interested, the cus- tom, however preposterous in itself, has been readily adopted. LVIII. " There were some, however, who esteemed Curio the third best orator of the age; perhaps because his lan- guage was brilliant and pompous, and because he had a habit (for which I suppose he was indebted to his domestic edu- cation) of expressing himself with tolerable correctness ; for he was a man of very little learning. But it is a circum- stance of great importance what sort of people we are used to converse with at home, especially in the more early part of life, and what sort of language we have been accustomed to hear from our tutors and parents, not excepting the mother. We have all read the letters of Cornelia, the mother of the Gracchi, and are satisfied that her sons were not so much nurtured in their mother's lap, as in the elegance and purity of her language. I have often, too, enjoyed the agreeable conversation of Laelia, the daughter of Caius, and observed in her a strong tincture of her father's elegance. I have like- wise conversed with his two daughters, the Mucioe, and his grand-daughters, the two Licinise, with one of whom (the wife of Scipio) you, my Brutus, I believe, have sometimes been in company." I have," replied he, "and was much pleased with her conversation ; and the more so, because she was the daughter of Crassus." And w^hat think you," said I, " of Crassus, the son of that Licinia, who was adopted by Crassus in his will ?" " He is said," replied he, " to have been a man of great genius ; and the Scipio you have men- tioned, who was my colleague, likewise appears to me to have been a good speaker and an elegant companion." "Your opinion, my Brutus," said I, "is very just. For this family, if I may be allowed the expression, seems to have been the offspring of wisdom. As to their two gi^andfathers, Scipio and Crassus, we have taken notice of them already, as we

REMARKS ON EMINENT ORATORS. 825

also have of their great-grandfathers, Quintus Metelliis, who had four sons ; Publius Scipio, who, when a private citizen, rescued the repubhc from the arbitrary influence of Tiberius Gracchus; and Quintus Scaevola, the augur, who was the ablest and most affable civilian of his time. And, lastly, how illustrious are the names of their next immediate progenitors, Publius Scipio, who was twice consul, and was called the darling of the people ; and Caius Lselius, who was esteemed the wisest of men." " A generous stock indeed !" cried Bru- tus, " into which the wisdom of many has been successively ingrafted, like a number of scions on the same tree !"

LIX. '^I have likewise a suspicion," replied I, "(if we may compare small things with great), that Curio's family, though he himself was left an orphan, was indebted to his father's instruction and good example for the habitual purity of their language ; and so much the more, because, of all those who were held in any estimation for their eloquence, I never knew one who was so totally uninformed and unskilled in every branch of liberal science. He had not read a single poet or studied a single orator, and he knew little or nothing either of public, civil, or common law. We might say almost the same, indeed, of several others, and some of them very able orators, who (we know) were but little acquainted with these useful parts of knowledge ; as, for instance, of Sulpi- cius and Antonius. But this deficiency was supplied in them by an elaborate knowledge of the art of speaking ; and there was not one of them who was totally unqualified in any of the five^ principal parts of which it is composed ; for when- ever this is the case (and it matters not in which of those parts it happens), it entirely incapacitates a man to shine as an orator. Some, however, excelled in one part, and some in another. Thus Antonius could readily invent such argu- ments as were most in point, and afterward digest and meth- odize them to the best advantage ; and he could likewise re- tain the plan he had formed with great exactness ; but his chief merit was the goodness of his delivery, in which he was justly allowed to excel. In some of these qualifications he was upon an equal footing with Crassus, and in others he was superior ; but then the language of Crassus was indisputably preferable to his. In the same manner, it can not be said ^ Invention, disposition, elocution, memory, and pronunciation.

326 BRUTUS; or,

that either Sulpicius or Cotta, or any other speaker of repute, was absolutely deficient in any one of the five parts of ora- tory. But we may justly infer from the example of Curio that nothing will more recommend an orator than a brilliant and ready flow of expression ; for he was remarkably dull in the invention, and very loose and unconnected in the dis- position of his arguments.

LX. "The two remaining parts are pronunciation and memory, in each of which he was so miserably defective as to excite the laughter and the ridicule of his hearers. His ges- ture was really such as Caius Julius represented it, in a se- vere sarcasm that will never be forgotten ; for, as he was swaying and reeling his whole body from side to side, Julius facetiously inquired who it was that was speaking from a boat f To the same purpose was the jest of Cnagus Sicinius, a man very vulgar, but exceedingly humorous, which was the only qualification he had to recommend him as an orator. When this man, as tribune of the people, had summoned Curio and Octavius, who were then consuls, into the forum, and Curio had delivered a tedious harangue, while Octavius sat silently by him, wrapped up in flannels, and besmeared with oint- ments, to ease the pain of the gout ; Octavius^ said he, you are iiifinitehj obliged to your colleague ; for if he had not tossed and flung himself about to-day in the manner he did, you would cer- tainly have been devoured by the flies. As to his memory, it was so extremely treacherous, that after he had divided his subject into three general heads, he would sometimes, in the course of speaking, either add a fourth, or omit the third. In a capital trial, in which I had pleaded for Titinia, the daughter of Cotta, when he attempted to reply to me in de- fense of Servius Naevius, he suddenly forgot every thing he intended to say, and attributed it to the pretended witchcraft and magic artifices of Titinia. These were undoubted proofs of the weakness of his memory. But, what is still more in- excusable, he sometimes forgot, even in his written treatises, what he had mentioned but a little before. Thus, in a book of his, in which he introduces himself as entering into con- versation with our friend Pansa, and his son Curio, when he was Avalking home from the senate-house ; the senate is sup- posed to have been summoned by Csesar in his first consul- ship ; and the whole conversation arises from the son's in-

REMARKS ON EMINENT ORATORS. 327

quiiy, what the house had resolved upon. Curio launches out into a long invective against the conduct of Caesar, and, as is generally the custom in dialogues, the parties are engaged in a close dispute on the subject ; but very unhappily, though the conversation commences at the breaking up of the senate which Caesar held when he was first consul, the author cen- sures those very actions of the same Caesar, which did not happen till the next, and several other succeeding years of his government in Gaul."

LXI. 'Ms it possible, then," said Brutus, with an air of surprise, that any man (and especially in a written perform- ance) could be so forgetful as not to discover, upon a subse- quent perusal of his own work, what an egregious blunder he had committed?" Very true," said I; for if he wrote with a design to discredit the measures which he represents in such an odious light, nothing could be more stupid than not to commence his dialogue at a period which was subse- quent to those measures. But he so entirely forgets himself as to tell us that he did not choose to attend a senate which was held in one of Caesar's future consulships, in the very same dialogue in which he introduces himself as returning home from a senate which was held in his first consulship. It can not, therefore, be wondered at, that he who was so re- markably defective in a faculty which is the handmaid of our other intellectual powers, as to forget, even in a written treat- ise, a material circumstance which he had mentioned but a little before, should find his memory fail him, as it generally did, in a sudden and unpremeditated harangue. It according- ly happened, though he had many connections, and was fond of speaking in public, that few causes were intrusted to his management. But, among his contemporaries, he was es- teemed next in merit to the first orators of the age ; and that merely, as I said before, for his good choice of words, and his uncommon readiness, and great fluency of expression. His orations, therefore, may deserve a cursory perusal. It is true, indeed, they are much too languid and spiritless; but they may yet be of service to enlarge and improve an accom- plishment, of which he certainly had a moderate share ; and which has so much force and efficacy, that it gave Curio the appearance and reputation of an orator without the assist- ance of any other good quality.

328 BKUTUS; or,

LXIL " But to return to our subject ; Caius CarbOj of the same age, was likewise reckoned an orator of the second class ; he was the son, indeed, of the truly eloquent man be- fore mentioned, but was far from being an acute speaker himself; he was, however, esteemed an orator. His lan- guage was tolerably nervous, he spoke with ease; and there was an air of authority in his address that was perfectly nat- ural. But Quintus Varius, was a man of quicker invention, and, at the same time, had an equal freedom of expression ; besides which, he had a bold and spirited delivery, and a vein of elocution which was neither poor, nor coarse and vulgar ; in short, you need not hesitate to pronounce him an orator, Cnaeus Pomponius was a vehement, a rousing, and a fierce and eager speaker, and more inclined to act the part of a prosecutor than of an advocate. But far inferior to these was Lucius Fufius; though his application was, in some measure, rewarded by the success of his prosecution against Manius Aquilius. For as to Marcus Drusus, your great un- cle, who spoke like an orator only upon matters of govern- ment; Lucius Lucullus, who was, indeed, an artful speaker, and your father, my Brutus, who was well acquainted with the common and civil law; Marcus Lucullus, and Marcus Octavius, the son of Cnaeus, who was a man of so much au- thority and address as to procure the repeal of Sempronius's corn-act by the suffrages of a full assembly of the people; Cnaeus Octavius, the son of Marcus ; and Marcus Cato, the father, and Quintus Catulus, the son ; we must excuse these (if I may so express myself) from the fatigues and dangers of the field — that is, from the management of judicial causes, and place them in garrison over the general interests of the republic, a duty to which they seem to have been sufficiently adequate. I should have assigned the same post to Quintus Caepio if he had not been so violently attached to the eques- trian order as to set himself at variance with the senate. I have also remarked that Cnaeus Carbo, Marcus Marius, and several others of the same stamp, who would not have merit- ed the attention of an audience that had any taste for ele- gance, were extremely well suited to address a tumultuous crowd. In the same class (if I may be allowed to interrupt the series of my narrative) Lucius Quintius lately made his appearance ; though Palicanus, it must be owned, was still

REMARKS ON EMINENT ORATORS. 329

better adapted to please the ears of the populace. But, as I have mentioned this inferior kind of speakers, I must be so just to Lucius Apuleius Saturninus as to observe that, of all the factious declaimers since the time of the Gracchi, he wrs generally esteemed the ablest; and yet he caught the atten- tion of the public more by his appearance, his gesture, and his dress, than by any real fluency of expression, or even a tolerable share of good sense. But Caius Servilius Glaucia, though the most abandoned w^retch that ever existed, v^as very keen and artful, and excessively humorous ; and, not- withstanding the meanness of his birth, and the depravity of his life, he would have been advanced to the dignity of a con- sul in his praetorship if it had been judged lawful to admit his suit ; for the populace were entirely at his devotion, and he had secured the interest of the knights by an act he had pro- cured in their favor. He was slain in the open forum, while he was praetor, on the same day as the tribune Saturninus, in the consulship of Marius and Flaccus ; and bore a near re- semblance to Hyperbolus, the Athenian, whose profligacy was so severely stigmatized in the old Attic comedies. These were succeeded by Sextus Titius, who was indeed a voluble speaker, and possessed a ready comprehension : but he was so loose and effeminate in his gesture as to furnish room for the invention of a dance, which was called the Titian jig ; so careful should we be to avoid every peculiarity in our manner of speaking, which may afterward be exposed to ridicule by a ludicrous imitation.

LXIII. " But we have rambled back insensibly to a period which has been already examined ; let us, therefore, return to that which we were reviewing a little before. Contempo- rary with Sulpicius was Publius Antistius, a plausible de- claimer, who, after being silent for several years, and exposed (as he often was) not only to the contempt, but the derision of his hearers, first spoke with applause in his tribuneship in a real and very interesting protest against the illegal applica- tion of Caius Julius for the consulship ; and that so much the more, because, though Sulpicius himself, who then happened to be his colleague, spoke on the same side of the debate, Antistius argued more copiously, and to better purpose. This raised his reputation so high, that many, and (soon aft- erward) every cause of importance, was eagerly recommended

330 BRUTUS; OR,

to his patronage. To speak the truth, he had a quick con- ception, a methodical judgment, and a retentive memory; and though his language was not much embellished, it was very far from being low. In short, his style was easy and flowing, and his appearance rather gentlemanly than otherwise; but his action was a little defective, partly through the disagree- able tone of his voice, and partly by a few ridiculous gestures, of which he could not entirely break himself. He flourished in the time between the flight and the return of Sylla, when the republic was deprived of a regular administration of jus- tice, and of its former dignity and splendor. But the recep- tion which he met with was the more favorable, as the forum was in a measure destitute of good orators ; for Sulpicius was dead ; Cotta and Curio were abroad ; and no pleaders of em- inence were left but Carbo and Pomponius, from each of whom he easily carried off the palm.

LXIV. " His nearest successor in the following age was Lucius Sisenna, who was a man of learning, had a taste for the liberal sciences, spoke the Roman language with accura- cy, was well acquainted with the laws and constitution of his country, and had a tolerable share of wit ; but he was not a speaker of any great application or extensive practice ; and as he happened to live in the intermediate time between the appearance of Sulpicius and Hortensius, he was unable to equal the former, and forced to yield to the superior talents of the latter. We may easily form a judgment of his abilities from the hist^orical works he has left behind him, which, though evidently preferable to any thing of the kind which had appeared before, may serve as a proof that he was far be- low the standard of perfection, and that this species of com- position had not then been improved to any great degree of excellence among the Eomans. But the genius of Quintus Hortensius, even in his early youth, like one of Phidias's stat- ues, was no sooner beheld than it was universally admired ! He spoke his first oration in the forum in the consulship of Lucius Crassus and Quintus Scaevola, to whom it was person- ally addressed ; and though he was then only nineteen years old, he descended from the rostra with the hearty approba- tion not only of the audience in general, but of the two con- suls themselves, who were the most intelligent judges in the whole city. He died in the consulship of Lucius Paulus and

REMARKS ON EMINENT ORATORS. 831

Caius Marcellus, from which it appears that he was four-and- forty years a pleader. We shall review his character more at large in the sequel ; but in this part of my history, I chose to include him in the number of orators who were rather of an earlier date. This, indeed, must necessarily happen to all whose lives are of any considerable length, for they are equal- ly liable to a comparison with their elders and their juniors ; as in the case of the poet Attius, who says that both he and Pacuvius applied themselves to the cultivation of the drama under the same sediles, though, at the time, the one was eighty, and the other only thirty years old. Thus Horten- sius may be compared not only with those who were proper- ly his contemporaries, but with me, and you, my Brutus, and with others of a prior date. For he began to speak in public while Crassus was living ; but his fame increased when he ap- peared as a joint advocate with Antonius and Philippus (at that tim^ in the decline of life) in defense of Cnaeus Pompeius — a cause in which (though a mere youth) he distinguished himself above the rest. He may therefore be included in the list of those whom I have placed in the time of Sulpicius ; but among his proper coevals, such as Marcus Piso, Marcus Crassus, Cnaeus Lentulus, and Publius Lentulus Sura, he ex- celled beyond the reach of competition ; and after these he happened upon me, in the early part of my life (for I was eight years younger than himself), and spent a number of years with me in pursuit of the same forensic glory ; and at last (a little before his death), he once pleaded with you^ in defense of Appius Claudius, as I have frequently done for others.

LXV. " Thus you see, my Brutus, I am come insensibly to your self J though there was undoubtedly a great variety of or- ators between my first appearance in the forum and yours. But as I determined, when we began the conversation, to make no mention of those among them who are still living, to prevent your inquiring too minutely what is my opinion con- cerning each, I shall confine myself to such as are now no more." "That is not the true reason," said Brutus, why you choose to be silent about the living." "What then do you suppose it to be f said I. " You are only fearful," re- plied he, " that your remarks should afterward be mentioned by us in other company, and that by this means you should

332 BRUTUS; or,

expose yourself to the resentment of those whom you may not think it worth your while to notice." " Indeed," answered I^ " I have not the least doubt of your secrecy." " Neither have you any reason," said he ; " but, after all, I suppose you had rather be silent yourself than rely upon our taciturnity." To confess the truth," replied I, when I first entered upon the subject, I never imagined that I should have extended it to the age now before us ; whereas I have been drawn by a continued series of history among the moderns of latest date." "Introduce, then," said he, "those intermediate or- ators you may think worthy of our notice, and afterward let us return to yourself and Hortensius." "To Hortensius," replied I, " with all my heart ; but as to my oivn character, I shall leave it to other people to examine, if they choose to take the trouble." " I can by no means agree to that^'^ said he ; " for, though every part of the account you have favored us with has entertained me very agreeably, it now begins to seem tedious, because I am impatient to hear something of yourself^' I do not mean the wonderful qualities, but the pro- gressive steps, and the advances of your eloquence ; for the former are sufficiently known already both to me and the whole world." "As you do not require me," said I, "to sound the praises of my own genius, but only to describe my labor and application to improve it, your request shall be complied with. But, to preserve the order of my narrative, I shall first introduce such other speakers as I think ought to be previously noticed.

"And I shall begin with Marcus Crassus, who was con- temporary with Hortensius. LXYI. With a tolerable share of learning, and a very moderate capacity, his application, as- siduity, and interest procured him a place among the ablest pleaders of the time for several years. His language was pure, his expression neither low nor vulgar, and his ideas well digested ; but he had nothing in him that was florid and or- namental ; and the real ardor of his mind was not supported by any vigorous exertion of his voice, so that he pronounced almost every thing in the same uniform tone. His equal, and professed antagonist, Caius Fimbria, was not able to main- tain his character so long ; and though he always spoke with a strong and elevated voice, and poured forth a rapid torrent of well-chosen expressions, he was so immoderately vehement

REMARKS ON EMINENT ORATORS. 333

that you might justly be surprised that the people should have been so absent and inattentive as to admit a madman like him into the list of orators. As to Cn^eus Lentulus, his action acquired him a reputation for his eloquence very far beyond his real abilities ; for though he was not a man of any great penetration (notwithstanding he carried the appearance of it in his countenance), nor possessed any real fluency of expres- sion (though he was equally specious in this respect as in the former), yet by his sudden breaks and exclamations he affect- ed such an ironical air of surprise, with a sweet and sonorous tone of voice, and his whole action was so warm and lively, that his defects were scarcely noticed ; for as Curio acquired the reputation of an orator with no other quality than a tol- erable freedom of elocution, so Cnaeus Lentulus concealed the mediocrity of his other accomplishments by his action., which was really excellent. Much the same might be said of Pub- lius Lentulus, whose poverty of invention and expression was secured from notice by the mere dignity of his presence, his correct and graceful gesture, and the strength and sweetness of his voice ; and his merit depended so entirely upon his action, that he was more deficient in every other quality than his namesake.

LXVII. " But Marcus Piso derived all his talents from his erudition ; for he was much better versed in Grecian litera- ture than any of his predecessors. He had, however, a natu- ral keenness of discernment, which he greatly improved by art, and exerted with great address and dexterity, though in very indifferent language ; but he was frequently warm and chol- eric, sometimes cold and insipid, and now and then rather smart and humorous. He did not long support the fatigue and emulous contention of the forum, partly on account of the weakness of his constitution, and partly because he could not submit to the follies and impertinences of the common people (which we orators are forced to swallow), either, as it w^as generally supposed, from a peculiar moroseness of temper, or from a liberal and ingenuous pride of heart. After acquir- ing, therefore, in his youth, a tolerable degree of reputation, his character began to sink ; but in the trial of the Vestals he again recovered it with some additional lustre, and being thus recalled to the theatre of eloquence, he kept his rank as long as he was able to support the fatigue of it, after which his

334 BRUTUS; or,

credit declined in proportion as he remitted his application. Publius Murena had a moderate genius, but was passionately fond of the study of antiquity ; he applied himself with equal diligence to the belles-lettres, in which he was tolerably versed ; in short, he was a man of great industry, and took the utmost pains to distinguish himself Caius Censorinus had a good stock of Grecian literature, explained whatever he advanced with great neatness and perspicuity, and had a graceful action, but was too cold and inanimate for the forum. Lucius Tu- rius, with a very indifferent genius, but the most indefatiga- ble application, spoke in public very often, in the best manner he was able ; and, accordingly, he only wanted the votes of a few centuries to promote him to the consulship. Caius Ma- cer was never a man of much interest or authority, but was one of the most active pleaders of his time ; and if his life, his manners, and his very looks had not ruined the credit of his genius, he would have ranked higher in the list of orators. He was neither copious, nor dry and barren ; neither neat and embellished, nor wholly inelegant ; and his voice, his gesture, and every part of his action, was without any grace ; but in inventing and digesting his ideas he had a wonderful accu- racy, such as no man I ever saw either possessed or exerted in a more eminent degree ; and yet, somehow, he displayed it rather with the air of a quibbler than of an orator. Though he had acquired some reputation in public causes, he appear- ed to most advantage and was most courted and employed in private ones.

LXVIII. Caius Piso, who comes next in oi'der, had scarcely any exertion, but he was a speaker who adopted a very familiar style ; and though, in fact, he was far from be- ing slow of invention, he had more penetration in his look and appearance than he really possessed. His contemporary, Marcus Glabrio, though carefully instructed by his grand- father Scsevola, was prevented from distinguishing himself by his natural indolence and want of attention. Lucius Torqua- tus, on the contrary, had an elegant turn of expression, and a clear comprehension, and was perfectly polite and well-bred in his whole manner. But Cnasus Pompeius, my coeval, a man who was born to excel in every thing, would have ac- quired a more distinguished reputation for his eloquence if he had not been diverted from the pursuit of it by the more daz-

REMARKS ON EMINENT ORATORS, 335

zling charms of military fame. His language was naturally bold and elevated, and he was always master of his subject; and as to his powers of enunciation, his voice was sonorous and manly, and his gesture noble and full of dignity. Deci- mus Silanus, another of my contemporaries, and your father- in-law, was not a man of much application, but he had a very competent share of discernment and elocution. Quintus Pom- peius, the son of Aulus, who had the title of Bithynicus, and was about two years older than myself, was, to my own knowledge, remarkably fond of the study of eloquence, had an uncommon stock of learning, and was a man of indefatigable industry and perseverance ; for he was connected with Marcus Piso and me, not only as an intimate acquaintance, but as an associate in our studies and private exercises. His elocution was but ill recommended by his action ; for though the for- mer was sufficiently copious and diiFusive, there was nothing graceful in the latter. His contemporary, Publius Autronius, had a very clear and strong voice, but he was distinguished by no other accomplishment. Lucius Octavius Eeatinus died in his youth, while he was in full practice ; but he ascended the rostra with more assurance than ability. Caius Staienus, who changed his name into ^lius by a kind of self-adoption, was a warm, an abusive, and indeed a furious speaker ; which was so agreeable to the taste of many, that he would have risen to some rank in the state if it had not been for a crime of which he was clearly convicted, and for which he afterward suffered.

LXIX. "At the same time were the two brothers Caius and Lucius Caspasius, who, though men of an obscure family and little previous consequence, were yet, by mere dint of ap- plication, suddenly promoted to the quaestorship, with no other recommendation than a provincial and unpolished kind of oratory. That I may not seem willfully to omit any declaim- er, I must also notice Caius Cosconius Calidianus, who, with- out any discernment, amused the people with a rapidity of language (if such it might be called) which he attended with a perpetual hurry of action, and a most violent exertion of his voice. Of much the same cast was Quintus Arrius, who may be considered as a second-hand Marcus Crassus. He is a striking proof of what consequence it is in such a city as ours to devote one's self to the interests of the many^ and to be as

336 BRUTUS; or,

active as possible in promoting their safety or their honor; for by these means, though of the lowest parentage, having raised himself to the offices of rank, and to considerable wealth and influence, he likewise acquired the reputation of a tolera- ble patron, without either learning or abilities. But as inex- perienced champions, who, from a passionate desire to distin- guish themselves in the circus, can bear the blows of their op- ponents without shrinking, are often overpowered by the heat of the sun, when it is increased by the reflection of the sand, so he^ who had hitherto supported even the sharpest encoun- ters with good success, could not stand the severity of that year of judicial contest, which blazed upon him like a summer's sun."

" Upon my word," cried Atticus, "you are now treating us with the very dregs of oratory, and you have entertained us in this manner for some time ; but 1 did not oiFer to interrupt you, because I never dreamed you would have descended so low as to mention the Staieni and Auti^onii /" " As I have been speaking of the dead, you will not imagine, I suppose," said I, " that I have done it to court their favor ; but in pursuing the order of history, I was necessarily led by degrees to a pe- riod of time which falls within the compass of our own knowl- edge. But I wish it to be noticed, that after recounting all who ever ventured to speak in public, we find but few (very few indeed !) whose names are worth recording, and not many who had even the repute of being orators. Let us, however, return to our subject.

LXX. "Titus Torquatus, then, the son of Titus, was a man of learning (which he first acquired in the school of Molo in Khodes), and of a free and easy elocution which he re- ceived from nature. If he had lived to a proper age, he w^ould have been chosen consul without any solicitation ; but he had more ability for speaking than inclination ; so that, in fact, he did not do justice to the art he professed ; and yet he was never wanting to his duty, either in the private causes of his friends and dependents, or in his senatorial capacity. My townsman, too, Marcus Pontidius, pleaded a number of private causes. He had a rapidity of expression, and a toler- able quickness of comprehension ; but he was very warm, and, indeed, rather too choleric and irascible ; so that he often wrangled, not only with his antagonist, but (what appears

REMARKS ON EMINENT ORATORS. 337

very strange) with the judge himself, whom it was rather his business to soothe and gratify. Marcus Messala, who was something younger than myself, was far from being a poor and abject pleader, and yet he was not a very elegant one. He was judicious, penetrating, and wary, very exact in di- gesting and methodizing his subject, and a man of uncommon diligence and application, and of very extensive practice. As to the two Metelli (Celer and Nepos), these also had a moderate share of employment at the bar ; but, being desti- tute neither of learning nor abilities, they chiefly applied themselves (and with some success) to debates of a more popular kind. But Cnaeus Lentulus Marcellinus, who was never reckoned a bad speaker, was esteemed a very eloquent one in his consulship. He wanted neither sentiment nor ex- pression ; his voice was sweet and sonorous ; and he had a sufficient stock of humor. Caius Memmius, the son of Lu- cius, was a perfect adept in the learning of the Greeks ; for he had an insuperable disgust to the literature of the Romans. He was a neat and polished speaker, and had a sweet and harmonious turn of expression ; but as he was equally averse to every laborious effort either of the mind or the tongue, his eloquence declined in proportion as he lessened his appli- cation."

LXXI. But I heartily wish," said Brutus, "that you would give us your opinion of those orators who are still liv- ing; or, if you are determined to say nothing of the rest, there are two at least (that is, Caesar and Marcellus, whom I have often heard you speak of with the highest approbation), whose characters would give me as much entertainment as any of those you have already specified." But why," an- swered I, "should you expect that I should give you my opinion of men who are as well known to yourself as to me"?" "Marcellus, indeed," replied he, "I am very well ac- quainted with ; but as to Caesar, I know little of him. For I have heard the former very often; but by the time I was able to judge for myself, the latter had set out for his prov- ince." "But what," said I, "think you of him whom you have heard so often f " What else can I think," replied he, " but that you will soon have an orator who will very nearly resemble yourself?" " If that is the case," answered I, "pray think of him as favorably as you can." " I do," said he ;

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338 BRUTUS; or,

" for he pleases me very highly, and not without reason. He is absolutely master of his profession, and, neglecting every other, has applied himself solely to this; and, for that pur- pose, has persevered in the rigorous task of composing a daily essay in writing. His words are well chosen ; his language is full and copious ; and every thing he says receives an addi- tional ornament from the graceful tone of his voice, and the dignity of his action. In short, he is so complete an orator, that there is no quality I know of in which I can think him deficient. But he is still more to be admired for being able, in these unhappy times (which are marked with a distress that, by some cruel fatality, has overwhelmed us all), to con- sole himself, as opportunity offers, with the consciousness of his own integrity, and by the frequent renewal of his literary pursuits. I saw him lately at Mitylene, and then (as I have already hinted) I saw him a thorough man ; for though I had before discovered in him a strong resemblance of yourself, the likeness was much improved after he was enriched by the in- structions of your learned and very intimate friend Cratip- pus." "Though I acknowledge," said I, "that I have list- ened wdth pleasure to your eulogies on a very worthy man, for whom I have the warmest esteem, they have led me in- sensibly to the recollection of our common miseries, which our present conversation was intended to suspend. But I would willingly hear what is Atticus's opinion of Caesar."

LXXII. "Upon my word," replied Atticus, "you are wonderfully consistent with your plan, to say nothing yourself of the living ; and, indeed, if you were to deal with them, as you already have with the dead, and say something of every paltry fellow that occurs to your memory, you would plague us with Autronii and Staieni without end. But though you might possibly have it in view not to encumber yourself with such a numerous crowd of insignificant wretches ; or per- haps, to avoid giving any one room to complain that he was either unnoticed, or not extolled according to his imaginary merit, yet certainly you might have said something of Caesar, especially as your opinion of his abilities is well known to every body, and his concerning yours is very far from being a secret. But, however," said he (addressing himself to Bru- tus), " I really think of Caesar, and every body else says the same of this accurate master in the art of speaking, that he has

REMARKS ON EMINENT ORATORS. 339

the purest and the most elegant command of the Roman lan- guage of all the orators that have yet appeared ; and that not merely by domestic habit, as we have lately heard it observed of the famiUes of the L^elii and the Mucii (though even here, I believe, this might partly have been the case), but he chiefly acquired and brought it to its present perfection by a studi- ous application to the most intricate and refined branches of literature, and by a careful and constant attention to the purity of his style. But that he^ who, involved as he was in a perpetual hurry of business, could dedicate to you^ my Cicero, a labored treatise on the art of speaking correctly ; that he^ who, in the first book of it, laid it down as an axiom that an accurate choice of words is the foundation of elo- quence ; and who has bestowed," said he (addressing himself again to Brutus), ^' the highest encomiums on this friend of ours, who yet chooses to leave Caesar's character to me — that he should be a perfect master of the language of polite conver- sation, is a circumstance which is almost too obvious to be mentioned. I said, the highest encGmiumSj^ pursued Atticus, " because he says in so many words, when he addresses him- self to Cicero, ' If others have bestowed all their time and attention to acquire a habit of expressing themselves with ease and correctness, how much is the name and dignity of the Roman people indebted to you, who are the highest pat- tern, and indeed the first inventor of that rich fertility of lan- guage which distinguishes your performances.' "

LXXIII. " Indeed," said Brutus, " I think he has extolled your merit in a very friendly and a very magnificent style ; for you are not only the highest pattern^ and even the^rs^ in- ventor of all our fertility of language, which alone is praise enough to content any reasonable man, but you have added fresh honors to the name and dignity of the Roman people ; for the very excellence in which we had hitherto been con- quered by the vanquished Greeks has now been either wrested from their hands, or equally shared, at least, between us and them. So that I prefer this honorable testimony of Caesar, I will not say to the public thanksgiving which was decreed for your own military services, but to the triumphs of many heroes." Very true," replied I, "provided this honorable testimony was really the voice of Caesar's judgment, and not of his friendship; for he certainly has added more to the

340 BRUTUS; OR,

dignity of the Roman people, whoever he may be (if indeed any such man has yet existed), who has not only exempli- fied and enlarged, but first produced this rich fertility of ex- pression, than the doughty warriors who have stormed a few paltry castles of the Ligurians, which have furnished us, you know, with many repeated triumphs. In reality, if we can submit to hear the truth, it may be asserted (to say nothing of those godlike plans, which, supported by the wisdom of our generals, have frequently saved the sinking state both abroad and at home) that an orator is justly entitled to the preference to any commander in a petty war. But the gen- eral, you will say, is the more serviceable man to the pub- lic. Nobody denies it ; and yet (for I am not afraid of pro- voking your censure, in a conversation which leaves each of us at liberty to say what he thinks) I had rather be the au- thor of the single oration of Crassus in defense of Curius, than be honored with two Ligurian triumphs. You will, perhaps, reply, that the storming a castle of the Ligurians was a thing of more consequence to the state than that the claim of Curius should be ably supported. This I own to be true. But it was also of more consequence to the Athenians that their houses should be securely roofed, than to have their city graced with a most beautiful statue of Minerva; and yet, notwithstanding this, I would much rather have been a Phidias than the most skillful joiner in Athens. In the pres- ent case, therefore, we are not to consider a man's usefulness, but the strength of his abilities ; especially as the number of painters and statuaries who have excelled in their profession is very small ; whereas there can never be any want of joiners and mechanical laborers. LXXIV. But proceed, my Atti- cus, with Csesar, and oblige us with the remainder of his character." "We see then," said he, "from what has just been mentioned, that a pure and correct style is the ground- work, and the very basis and foundation, upon which an ora- tor must build his other accomplishments ; though it is true that those who had hitherto possessed it derived it more from early habit than from any principles of art. It is needless to refer you to the instances of L^elius and Scipio ; for a purity of language, as well as of manners, was the characteristic of the age they lived in. It could not, indeed, be applied to every one ; for their two contemporaries, Caecilius and Pacu-

REMARKS ON EMINENT ORATORS. 841

viiis, spoke very incorrectly ; but yet people in general who had not resided out of the city nor been corrupted by any domestic barbarisms, spoke the Roman language with purity. Time, however, as well at Rome as in Greece, soon altered matters for the worse ; for this city (as had formerly been the case at Athens) was resorted to by a crowd of adventu- rers from different parts, who spoke very corruptly, which shows the necessity of reforming our language, and reducing it to a certain standard, which shall not be liable to vary like the capricious laws of custom. Though we were then very young, we can easily remember Titus Flamininus, who was joint consul with Quintus Metellus; he was supposed to speak his native language with correctness, but was a man of no literature. As to Catulus, he was far indeed from being destitute of learning, as you have already observed ; but his reputed purity of diction was chiefly owing to the sweetness of his voice and the delicacy of his accent. Cotta, who, by his broad pronunciation, lost all resemblance of the elegant tone of the Greeks, and affected a harsh and rustic utterance, quite opposite to that of Catulus, acquired the same reputation of correctness by pursuing a wild and unfrequented path. But Sis^nna, who had the ambition to think of reforming our phraseology, could not be lashed out of his whimsical and new-fangled turns of expression, by all the raillery of Caius Rufius." "What do you refer tof said Brutus; "and who was the Caius Rufius you are speaking of?" "He was a noted prosecutor," replied he, " some years ago. When this man had supported an indictment against one Caius Rutilius, Sisenna, who was counsel for the defendant, told him that several parts of his accusation were spitaticaL^ LXXV. My lords^ cried Rufius to the judges, I shall he cruelly overreached^ unless you give ine your assistance. His charge overpowers my comprehension ; and I am afraid he has some unfair design upon me. What, in the name of heaven, can he intend hy spitat- ICAL ? / Icnow the meaniyig of spit, or spittle ; hut this hor- rid ATICAL, at the end of it, absolutely puzzles me. The whole bench laughed very heartily at the singular oddity of the expression; my old friend, however, was still of opinion

^ In the original sputatilica, worthy to be spit upon. It appears, from the connection, to have been a word whimsically derived by the author of it from sputa^ spittle.

342 BRUTUS; ok,

that to speak correctly was to speak differently from other people.

" But Caesar, who was guided by the principles of art, has corrected the imperfections of a vicious custom by adopting the rules and improvements of a good one, as he found them occasionally displayed in the course of polite conversation. Accordingly, to the purest elegance of expression (which is equally necessary to every well-bred citizen, as to an orator), he has added all the various ornaments of elocution, so that he seems to exhibit the finest painting in the most advanta- geous point of view. As he has such extraordinary merit even in the tenor of his language, I must confess that there is no person I know of to whom he should yield the preference. Besides, his manner of speaking, both as to his voice and ges- ture, is splendid and noble, without the least appearance of artifice or affectation ; and there is a dignity in his very pres- ence which bespeaks a great and elevated mind." " Indeed," said Brutus, " his orations please me highly ; for I have had the satisfaction to read several of them. He has likewise written some commentaries, or short memoirs, of his own transactions." " And such," said I, " as merit the highest approbation ; for they are plain, correct, and graceful, and divested of all the ornaments of language, so as to appear (if I may be allowed the expression) in a kind of undress. But while he pretended only to furnish the loose materials, for such as might be inclined to compose a regular history, he may, perhaps, have gratified the vanity of a few literary yV/5- se2i7^s, but he has certainly prevented all sensible men from attempting any improvement on his plan. For, in history, nothing is more pleasing than a correct and elegant brevity of expression. With your leave, however, it is high time to return to those orators who have quitted the stage of life.

LXXVI. " Caius Sicinius, then, who was a grandson of the censor Quintus Pompey, by one of his daughters, died after his advancement to the qusestorship. He was a speak- er of some merit and reputation, which he derived from the system of Hermagoras, who, though he furnished but little assistance for acquiring an ornamental style, gave many use- ful precepts to expedite and improve the invention of an ora- tor. For in this system we have a collection of fixed and de- terminate rules for public speaking, which are delivered in-

REMARKS ON EMINENT ORATORS. 343

deed without any show or parade (and* I might have added, in a trivial and homely form), but yet are so plain and me- thodical that it is almost impossible to mistake the road. By keeping close to these, and always digesting his subject before he ventured to speak upon it (to which we may add, that he had a tolerable fluency of expression), he so far suc- ceeded, without any other assistance, as to be ranked among the pleaders of the day. As to Caius Visellius Varro, who was my cousin, and a contemporary of Sicinius, he was a man of great learning. He died while he was a member of the court of inquests, into which he had been admitted after the expiration of his aedileship. The public, I confess, had not the same opinion of his abilities that I have, for he never passed as a man of sterling eloquence among the people. Plis speech was excessively quick and rapid, and consequently in- distinct ; for, in fact, it was embarrassed and obscured by the celerity of its course ; and yet, after all, you will scarcely find a man who had a better choice of words, or a richer vein of sentiment. He had, besides, a complete fund of polite litera- ture, and a thorough knowledge of the principles of jurispru- dence, which he learned from his father Aculeo. To proceed in our account of the dead, the next that presents himself is Lucius Torquatus, whom you will not so readily pronounce a proficient in the art of speaking (though he was by no means destitute of elocution) as what is called by the Greeks apolit- ical adept He had a plentiful stock of learning, not indeed of the common sort, but of a more abstruse and curious na- ture ; he had likewise an admirable memory, and a very sens- ible and elegant turn of expression ; all which qualities de- rived an additional grace from the dignity of his deportment and the integrity of his manners. I was also highly pleased with the style of his contemporary Triarius, which expressed to perfection the character of a worthy old gentleman, who had been thoroughly polished by the refinements of literature. What a venerable severity was there in his look ! what forci- ble solemnity in his language ! and how thoughtful and delib- erate every word he spoke I" At the mention of Torquatus and Triarius, for each of whom he had the most affectionate veneration, "It fills my heart with anguish," said Brutus, (to omit a thousand other circumstances), when I reflect, as I can not help doing, on your mentioning the names of these

34:4 BRUTUS ; OK,

worthy men, that your long-respected authority was insuffi- cient to procure an accommodation of our differences. The republic would not otherwise have been deprived of these, and many other excellent citizens." Not a word more/' said I, " on this melancholy subject, which can only aggravate our sorrow ; for as the remembrance of what is already past is painful enough, the prospect of what is yet to come is still more afflicting. Let us, therefore, drop our unavailing com- plaints, and (agreeably to our plan) confine our attention to the forensic merits of our deceased friends.

LXXYII. "Among those, then, who lost their lives in this unhappy war, was Marcus Bibulus, who, though not a professed orator, was a very accurate writer, and a solid and experienced advocate ; and Appius Claudius, your father-in- law, and my colleague and intimate acquaintance, who was not only a hard student, and a man of learning, but a prac- ticed orator, a skillful augurist and civilian, and a thorough adept in the Roman history. As to Lucius Domitius, he was totally unacquainted with any rules of art ; but he spoke his native language with purity, and had a great freedom of ad- dress. We had likewise the two Lentuli, men of consular dignity ; one of whom (I mean Publius), the avenger of my wrongs and the author of my restoration, derived all his pow- ers and accomplishments from the assistance of art, and not from the bounty of nature ; but he had such a great and no- ble disposition, that he claimed all the honors of the most il- lustrious citizens, and supported them with the utmost digni- ty of character. The other (Lucius Lentulus) was an ani- mated speaker, for it would be saying too much, perhaps, to call him an orator ; but, unhappily, he had an utter aversion to the trouble of thinking. His voice was sonorous ; and his language, though not absolutely harsh and forbidding, was warm and vigorous, and carried in it a kind of terror. In a ju- dicial trial, you would probably have wished for a more agree- able and a keener advocate ; but in a debate on matters of government, you would have thought his abilities sufficient. Even Titus Postumius had such powers of utterance as were not to be despised ; but in political matters he spoke with the same unbridled ardor he fought with ; in short, he was much too warm ; though it must be owned he possessed an extens- ive knowledge of the laws and constitution of his country."

REMARKS ON EMINENT ORATORS. 345

" Upon my word," cried Atticus, " if the persons you have mentioned were still living, I should be apt to imagine that you were endeavoring to solicit their favor. For you intro- duce every body who had the courage to stand up and speak his mind ; so that I almost begin to wonder how Marcus Ser- vilius has escaped your notice. LXXVIII. " I am, indeed, very sensible," replied I, "that there have been many who never spoke in public that were much better qualified for the task than those orators I have taken the pains to enumerate ;^ but I have, at least, answered one purpose by it, which is to show you that in this populous city we have not had very many who had the resolution to speak at all, and that even among these there have been few who were entitled to our ap- plause. I can not, therefore, neglect to take some notice of those worthy knights, and my intimate friends, very lately de- ceased, Publius Cominius Spoletinus, against whom I pleaded in defense of Caius Cornelius, and who was a methodical, spir- ited, and ready speaker ; and Tiberius Accius, of Pisaurum, to whom I replied in behalf of Aulus Cluentius, and who was an accurate and a tolerably copious advocate : he was also well instructed in the precepts of Hermagoras, which, though of little service to embellish and enrich our elocution, furnish a variety of arguments, which, like the weapons of the light- infantry, may be readily managed, and are adapted to every subject of debate. I must add, that I never knew a man of greater industry and application. As to Caius Piso, my son- in-law, it is scarcely possible to mention any one who was blessed with a finer capacity. He was constantly employed either in public speaking, and private declamatory exercises, or, at least, in writing and thinking ; and, consequently, he made such a rapid progress, that he rather seemed to fly than to run. He had an elegant choice of expression, and the structure of his periods was perfectly neat and harmonious ; he had an astonishing variety and strength of argument, and a lively and agreeable turn of thought ; and his gesture was nat- urally so graceful, that it appeared to have been formed (which it really was not) by the nicest rules of art. I am rather fear- ful, indeed, that I should be thought to have been prompted by my affection for him to have given him a greater character than he deserved ; but this is so far from being the case, that ^ This was probably intended as an indirect compliment to Atticus.

P2

346 BRUTUS; or,

I might justly have ascribed to him many qualities of a differ- ent and more valuable nature ; for in continence, social ardor, and every other kind of virtue, there was scarcely any of his contemporaries who was worthy to be compared with him.

LXXIX. "Marcus Coelius, too, must not pass unnoticed, notwithstanding the unhappy change, either of his fortune or disposition, which marked the latter part of his life. As long as he was directed by my influence, he behaved himself so well as a tribune of the people, that no man supported the interests of the senate, and of all the good and virtuous, in opposition to the factions and unruly madness of a set of aban- doned citizens, with more firmness than he did ; a part in which he was enabled to exert himself to great advantage, by the force and dignity of his language, and his lively humor and polite address. He spoke several harangues in a very sensible style, and three spirited invectives, which originated from our political disputes ; and his defensive speeches, though not equal to the former, were yet tolerably good, and had a degree of merit which was far from being contemptible. After he had been advanced to the a^dileship by the hearty appro- bation of all the better sort of citizens, as he had lost my com- pany (for I was then abroad in Cilicia) he likewise lost him- self, and entirely sunk his credit by imitating the conduct of those very men whom he had before so successfully opposed. But Marcus Calidius has a more particular claim to our no- tice for the singularity of his character; which can not so properly be said to have entitled him to a place among our other orators, as to distinguish him from the whole fraternity ; for in him we beheld the most uncommon and the most deli- cate sentiments arrayed in the softest and finest language im- aginable. Nothing could be so easy as the turn and compass of his periods ; nothing so ductile ; nothing more pliable and obsequious to his will ; so that he had a greater command of words than any orator whatever. In short, the flow of his language was so pure and limpid that nothing could be clearer, and so free that it was never clogged or obstructed. Every word was exactly in the place where it should be, and dis- posed (as Lucilius expresses it) with as much nicety as in a curious piece of mosaic work. We may add, that he had not a single expression which was either harsh, unnatural, abject, or far-fetched ; and yet he was so far from confining himself

REMARKS ON EMINENT ORATORS. 347

to the plain and ordinary mode of speaking, that he abounded greatly in the metaphor — but such metaphors as did not ap- pear to usurp a post that belonged to another, but only to oc- cupy their own. These delicacies were displayed, not in a loose and effeminate style, but in such a one as was strictly numerous^ without either appearing to be so, or running on with a dull uniformity of sound. He was likewise master of the various ornaments of language and thought which the Greeks call figures^ whereby he enlivened and embellished his style as with so many forensic decorations. AYe may add that he readily discovered, upon all occasions, what was the real point of debate, and where the stress of the argument lay ; and that his method of ranging his ideas was extremely artful, his ac- tion gentlemanly, and his whole manner very engaging and very sensible. LXXX. In short, if to speak agreeably is the chief merit of an orator, you will find no one who was better qualified than Calidius.

But as we have observed a little before that it is the busi- ness of an orator to instruct, to please, and to move the passions, he was, indeed, perfectly master of the first two ; for no one could better elucidate his subject, or charm the attention of his audience. But as to the third qualification, the moving and alarming the passions, which is of much greater efficacy than the former, he was wholly destitute of it. He had no force, no exertion; either by his own choice, and from an opinion that those who had a loftier turn of expression, and a more warm and spirited action, were little better than mad- men ; or because it was contrary to his natural temper and ha- bitual practice ; or, lastly, because it was beyond the strength of his abilities. If, indeed, it is a useless quality, his want of it was a real excellence ; but if otherwise, it was certainly a defect. I particularly remember, that when he prosecuted Quintus Gallius for an attempt to poison him, and pretended that he had the plainest proofs of it, and could produce many letters, witnesses, informations, and other evidences to put the truth of his charge beyond a doubt, interspersing many sensi- ble and ingenious remarks on the nature of the crime — I re- member, I say, that when it came to my turn to reply to him, after urging every argument which the case itself suggested, I insisted upon it as a material circumstance in favor of my client that the prosecutor, while he charged him with a design

348 BRUTUS; OR,

against his life, and assured us that he had the most indubi- table proofs of it then in his hands, related his story with^as much ease, and as much calmness and indifference, as if noth- ing had happened. ' Would it have been possible,' said I (ad- dressing myself to Calidius), ' that you should speak with this air of unconcern, unless the charge was purely an invention of your own ? And, above all, that you, whose eloquence has often vindicated the wrongs of other people with so much spirit, should speak so coolly of a crime which threatened your life ? Where was that expression of resentment which is so natural to the injured? Where that ardor, that eager- ness, which extorts the most pathetic language even from men of the dullest capacities ? There was no visible disorder in your mind, no emotion in your looks and gesture, no smiting of the thigh or the forehead, nor even a single stamp of the foot. You were, therefore, so far from interesting our feelings in your favor, that we could scarcely keep our eyes open while you were relating the dangers you had so narrowly escaped.' Thus we employed the natural defect, or, if you please, the sensible calmness of an excellent orator, as an argument to in- validate his charge." " But is it possible to doubt," cried Brutus, "whether this was a sensible quality or a defect? For as the greatest merit of an orator is to be able to inflame the passions, and give them such a bias as shall best answer his purpose, he who is destitute of this must certainly be de- ficient in the most capital part of his profession."

LXXXI. " I am of the same opinion,'^ said I ; " but let us now proceed to him (Hortensius) who is the only remaining orator worth noticing; after which, as you seem to insist upon it, I shall say something of myself. I must first, how- ever, do justice to the memory of two promising youths, who, if they had lived to a riper age, would have acquired tha highest reputation for their eloquence." "You mean, I sup- pose," said Brutus, " Caius Curio and Caius Licinius Calvus." "The very same," replied I. "One of them, besides his plausible manner, had such an easy and voluble flow of ex- pression, and such an inexhaustible variety, and sometimes accuracy of sentiment, that he was one of the most ready and ornamental speakers of his time. Though he had received but little instruction from the professed masters of the art, nature had furnished him with an admirable capacity for the

REMARKS ON ElMINENT ORATORS. 349

practice of it. I never, indeed, discovered in him any great degree of application ; but he was certainly very ambitious to distinguish himself; and if he had continued to listen to my advice, as he had begun to do, he would have preferred the acquisition of real honor to that of untimely grandeur." "What do you mean?" said Brutus; "or in what manner are these two objects to be distinguished?" "I distinguish them thus," replied I ; "as honor is the reward of virtue, conferred upon a man by the choice and affection of his fel- low-citizens, he who obtains it by their free votes and suf- frages is to be considered, in my opinion, as an honorable member of the community. But he who acquires his power and authority by taking advantage of every unhappy incident, and without the consent of his fellow-citizens, as Curio aimed to do, acquires only the name of honor, without the sub- stance. Whereas, if he had hearkened to me, he would have risen to the highest dignity in an honorable manner, and with the hearty approbation of all men, by a gradual ad- vancement to public offices, as his father and many other em- inent citizens had done before. I often gave the same ad- vice to Publius Crassus, the son of Marcus, who courted my friendship in the early part of his life, and recommended it to him very warmly to consider that as the truest path to honor which had been already marked out to him by the example of his ancestors. For he had been extremely well educated, and was perfectly versed in every branch of polite literature ; he had likewise a penetrating genius, and an elegant variety of expression ; and appeared grave and sententious without arrogance, and modest and diffident without dejection. But, like many other young men, he was carried away by the tide of ambition ; and after serving a short time with reputation as a volunteer, nothing could satisfy him but to try his for- tune as a general, an employment which was confined by the wisdom of our ancestors to men who had arrived at a certain age, and who, even then, were obliged to submit their pre- tensions to the uncertain issue of a public decision. Thus, by exposing himself to a fatal catastrophe, while he was en- deavoring to rival the fame of Cyrus and Alexander, who lived to finish their desperate career, he lost all resemblance of Lucius Crassus and his other worthy progenitors. LXXXII. But let us return to Calvus, whom we have just mentioned,

350 BRUTUS; OR,

an orator who had received more literary improvements than Curio, and had a more accurate and delicate manner of speak- ing, which he conducted with great taste and elegance ; but (by being too minute and nice a critic upon himself), while he was laboring to correct and refine his language, he suffer- ed all the force and spirit of it to evaporate. In short, it was so exquisitely polished as to charm the eye of every skill- ful observer; but it was little noticed by the common peo- ple in a crowded forum, which is the prop*br theatre of elo- quence." His aim," said Brutus, "was to be admired as an A ttic orator ; and to this we must attribute that accurate exility of style which he constantly affected." This, in- deed, was his professed character," replied I; "but he was deceived himself, and led others into the same mistake. It is true, whoever supposes that to speak in the Attic taste is to avoid every awkward, every harsh, every vicious expres- sion, has, in this sense, an undoubted right to refuse his ap- probation to every thing which is not strictly Attic. For he must naturally detest whatever is insipid, disgusting, or in- correct, while he considers correctness and propriety of lan- guage as the religion and good manners of an orator; and every one who pretends to speak in public should adopt the same opinion. But if he bestows the name of Atticism on a meagre, a dry, and a niggardly turn of expression, provided it is neat, correct, and polished, I can not say, indeed, that he bestows it improperly ; as the Attic orators, however, had many qualities of a more important nature, I would advise him to be careful that he does not overlook their different kinds and degrees of merit, and their great extent and varie- ty of character. The Attic speakers, he will tell me, are the models upon which he wishes to form his eloquence. But which of them does he mean to fix upon "? for they are not all of the same cast. Who, for instance, could be more un- like each other than Demosthenes and Lysias ? or than De- mosthenes and Hyperides ? Or who more different from ei- ther of them than ^schines ? Which of them, then, do you propose to imitate ? If only one^ this will be a tacit implica- tion that none of the rest were true masters of Atticism ; if a//, how can you possibly succeed, when their characters are so opposite'? Let me farther ask you, whether Demetrius Phalereus spoke in the Attic style ? In my opinion, his ora-

REMARKS ON EMINENT ORATORS. 351

tions have the very taste of Athens. But he is certainly more florid than either Hyperides or Lysias ; partly from the natural turn of his genius, and partly by choice.

LXXXIII. "There were likewise two others at the time we are speaking of, whose characters were equally dissimilar, and yet both of them were truly Attic. The first (Charisius) was the author of a number of speeches, which he composed for his friends, professedly in imitation of Lysias ; and the other (Demochares, the nephew of Demosthenes) wrote sever- al orations, and a regular history of what was transacted in Athens under his own observation ; not so much, indeed, in the style of a historian as of an orator. Hegesias took the former for his model, and was so vain of his own taste for Atticism that he considered his predecessors, who were really masters of it, as mere rustics in comparison of himself. But what can be more insipid, more frivolous, or more puerile, than that very concinnity of expression which he actually ac- quired? 'But still we wish to resemble the Attic speakers.' Do so, by all means. But were not those, then, true Attic speakers we have just been mentioning ? ' Nobody denies it ; and these are the men we imitate.' But how? when they are so very different, not only from each other, but from all the rest of their contemporaries ? ' True ; but Thucydides is our leading pattern.' This, too, I can allow, if you design to compose histories instead of pleading causes. For Thucyd- ides Avas both an exact and a stately historian ; but he nev- er intended to write models for conducting a judicial process. I will even go so far as to add, that I have often commended the speeches which he has inserted in his history in great numbers ; though I must frankly own that I neither could im- itate them if I laould, nor indeed would if I could ; like a man who would neither choose his wine so new as to have been tunned off in the preceding vintage, nor so excessively old as to date its age from the consulship of Opimius or Anicius. ' The latter,' you will say, ' bears the highest price.' Very probably ; but when it has too much age, it has lost that de- licious flavor which pleases the palate, and, in my opinion, is scarcely tolerable. ' AYould you choose, then, when you have a mind to regale yourself, to apply to a fresh, unripened cask V By no means ; but still there is a certain age when good wine arrives at its utmost perfection. In the same manner,

352 BRUTUS; OR,

I would recommend neither a raw, unmellowed style, which (if I may so express myself ) has been newly drawn off from the vat, nor the rough and antiquated language of the grave and manly Thucydides. For even 7ze, if he had lived a few years later, would have acquired a much softer and mellower turn of expression.

' Let us, then, imitate Demosthenes.' LXXXIV. Good gods ! to what else do I direct all my endeavors, and my wishes ! But it is, perhaps, my misfortune not to succeed. These Atticizers^ however, acquire with ease the paltry char- acter they aim at ; not once recollecting that it is not only recorded in history, but must have been the natural conse- quence of his superior fame, that when Demosthenes was to speak in public, all Greece flocked in crowds to hear him. But when our Attic orators venture to speak, they are pres- ently deserted, not only by the little throng around them who have no interest in the dispute (which alone is a mortify- ing proof of their insignificance), but even by their associates and fellow-advocates. If to speak, therefore, in a dry and lifeless manner, is the true criterion of Atticism, they are heartily welcome to enjoy the credit of it ; but if they wish to put their abilities to the trial, let them attend the comitia, or a judical process of real importance. The open forum de- mands a fuller and more elevated tone ; and he is the orator for me who is so universally admired that when he is to plead an interesting cause all the benches are filled before- hand, the tribunal crowded, the clerks and notaries busy in adjusting their seats, the populace thronging about the rostra, and the judge brisk and vigilant ; he who has such a com- manding air that when he rises up to speak, the whole audi- ence is hushed into a profound silence, which is soon inter- rupted by their repeated plaudits and acclamations, or by those successive bursts of laughter, or violent transports of passion, which he knows how to excite at his pleasure ; so that even a distant observer, though unacquainted with the subject he is speaking upon, can easily discover that his hearers are pleased with him, and that a Roscius is performing his part on the stage. Whoever has the happiness to be thus followed and applauded, is, beyond dispute, an Attic speaker ; for such was Pericles, such was Hyperides, and -^schines, and such, in the most eminent degree, was the great Demos--

REMARKS ON EMINENT ORATORS. 353

thenes ! If, indeed, these connoisseurs, who have so much dislike to every thing bold and ornamental, only mean to say that an accurate, a judicious, and a neat and compact, but unembellished style, is really an Attic one, they are not mis- taken. For in an art of such v^onderful extent and variety as that of speaking, even this subtile and confined character may claim a place ; so that the conclusion will be that it is very possible to speak in the Attic taste without deserving the name of an orator ; but that all, in general, who are truly eloquent are likewise Attic speakers.

"It is time, however, to return to Hortensius." LXXXV. "Indeed, I think so," cried Brutus; "though I must ac- knowledge that this long digression of yours has entertained me very agreeably." "But I made some remarks," said Atticus, "which I was several times inclined to mention, only I was loth to interrupt you. As your discourse, how- ever, seems to be drawing toward an end, I think I may ven- ture to state them." " By all means," replied I. " I readily grant, then," said he, "that there is something very humor- ous and elegant in that continued irony y which Socrates em- ploys to so much advantage in the dialogues of Plato, Xeno- phon, and ^schines; for when a dispute commences on the nature of wisdom, he professes, with a great deal of humor and ingenuity, to have no pretensions to it himself, while, with a kind of concealed raillery, he ascribes the highest de- gree of it to those who had the arrogance to lay an open claim to it. Thus, in Plato, he extols Protagoras, Hippias, Prodicus, Gorgias, and several others, to the skies, but repre- sents himself as quite ignorant. This in him was peculiarly becoming ; nor can I agree with Epicurus, who thinks it cen- surable. But in a professed history (for such, in fact, is the account you have been giving us of the Roman orators), I shall leave you to judge whether an application of the irony is not equally reprehensible as it would be in giving judicial evidence." "Pray, what are you driving af?" said I; "for I can not comprehend you." " I mean," replied he, " in the first place, that the commendations which you have bestowed upon some of our orators have a tendency to mislead the opin- ion of those who are unacquainted with their true characters. There were likewise several parts of your account at which I could scarcely forbear laughing; as, for instance, when you

354 BRUTUS; or,

compared old Cato to Lysias. He was, indeed, a great and a very extraordinary man. Nobody, I believe, will say to the contrary. But shall we call him an orator? Shall we pronounce him the rival of Lysias who was the most finished character of the kind ? If we mean to jest, this comparison of yours would form a pretty irony ; but if we are talking in real earnest, we should pay the same scrupulous regard to truth as if we were giving evidence upon oath. As a citizen, a senator, a general, and, in short, a man who was distin- guished by his prudence, his activity, and every other virtue, your favorite Cato has my highest approbation. I can like- wise applaud his speeches, considering the time he lived in. They exhibit the outlines of a great genius, but such, how- ever, as are evidently rude and imperfect. In the same man- ner, when you represented his Antiquities as replete with all the graces of oratory, and compared Cato with Philistus and Thucydides, did you really imagine that you could persuade Brutus and me to believe you? or would you seriously de- grade those, whom none of the Greeks themselves have been able to equal, into a comparison with a stiff country gentle- man, who scarcely suspected that there was any such thing in being as a copious and ornamental style ?

LXXXVI. "You have likewise said much in commenda- tion of Galba — if as the best speaker of his age, I can so far agree with you, for such was the character he bore — but if you meant to recommend him as an orator^ produce his ora- tions (for they are still extant), and then tell me honestly whether you would wish your friend Brutus here to speak as he did? Lepidus, too, was the author of several speeches which have received your approbation, in which I can partly join with you if you consider them only as specimens of our ancient eloquence. The same might be said of Africanus and Lselius, than whose language (you tell us) nothing in the world can be sweeter ; nay, you have mentioned it with a kind of veneration, and endeavored to dazzle our judgment by the great character they bore, and the uncommon elegance of their manners. Divest it of these adventitious graces, and this sweet language of theirs will appear so homely as to be scarcely worth noticing. Carbo, too, was mentioned as one of our capital orators ; and for this only reason — that in speaking, as in all other professions, whatever is the best of

REMARKS ON EMINENT ORATORS. 355

its kind, for the time being, how deficient soever in reality, is always admired and applauded. What I have said of Carbo is equally true of the Gracchi ; though, in some particulars, the character you have given them was no more than they de- served. But, to say nothing of the rest of your orators, let us proceed to Antonius and Crassus, your two paragons of eloquence, whom I have heard myself, and who were certain- ly very able speakers. To the extraordinary commendation you have bestowed upon them I can readily give my assent, but not, however, in such an unlimited manner as to persuade myself that you have received as much improvement from the speech in support of the Servilian law as Lysippus said he had done by studying the famous statue^ of Polycletus. What you have said on this occasion I consider as absolute irony ; but I shall not inform you why I think so, lest you should imagine I design to flatter you. I shall therefore pass over the many fine encomiums you have bestowed upon these ; and what you have said of Cotta and Sulpicius, and but very lately of your pupil Cselius. I acknowledge, however, that we may call them orators; but as to the nature and extent of their merit, let your own judgment decide. It is scarcely worth observing that you have had the additional good-nature to crowd so many daubers into your list, that there are some, I believe, who will be ready to wish they had died long ago, that you might have had an opportunity to insert their names among the rest." LXXXVII. You have opened a wide field of inquiry," said I, and started a subject which de- serves a separate discussion, but we must defer it to a more convenient time ; for, to settle it, a great variety of authors must be examined, and especially Cato, which could not fail to convince you that nothing was wanting to complete his pieces but those rich and glowing colors which had not then been invented. As to the above oration of Crassus, he him- self, perhaps, could have written better if he had been willing to take the trouble ; but nobody else, I believe, could have mended it. You have no reason, therefore, to think I spoke ironically when I mentioned it as the guide and tutoress of my eloquence ; for, though you seem to have a higher opinion of my capacity in its present state, you must remember that, in our youth, we could find nothing better to imitate among the

• Doryphorus. A spearman.

356 BRUTUS; or,

Romans. And as to my admitting so many into my list of orators, I only did it (as I have already observed) to show how few have succeeded in a profession in which all were de- sirous to excel. I therefore insist upon it that you do not consider me in the present case as a practicer of irony ^ though we are informed by Caius Fannius, in his history, that Afri- canus was a very excellent one." "As you please about thatj^ cried Atticus ; though, by-the-by, I did not imagine it would have been any disgrace to you to be what Africanus and Socrates have been before you." We may settle this 'another time," interrupted Brutus; but will you be so oblig- ing," said he (addressing himself to me), "as to give us a critical analysis of some of the old speeches you have men- tioned?" " Very willingly," replied I; "but it must be at Cuma, or Tusculum, when opportunity offers ; for we are near neighbors, you know, in both places. LXXXVIII. At present, let us return to Hoi^tensius, from whom we have di- gressed a second time.

" Hortensius, then, who began to speak in public when he was very young, was soon employed even in causes of the greatest moment; and though he first appeared in the time of Cotta and Sulpicius (who were only ten years older), and when Crassus and Antonius, and afterward Philippus and Julius, were in the height of their reputation, he was thought worthy to be compared with either of them in point of elo- quence. He had such an excellent memory as I never knew in any person ; so that what he had composed in private, he was able to repeat, without notes, in the very same words he had made use of at first. He employed this natural advant- age with so much readiness, that he not only recollected whatever he had written or premeditated himself, but re- membered every thing that had been said by his opponents, without the help of a prompter. He was likewise inflamed with such a passionate fondness for the profession, that I never saw any one who took more pains to improve himself; for he would not suffer a day to elapse without either speak- ing in the forum, or composing at home ; and very often he did both in the same day. He had, besides, a turn of expres- sion which was very far from being low and unelevated, and possessed two other accomplishments, in which no one could equal him — an uncommon clearness and accuracy in stating

REMARKS ON EMINENT ORATORS. 357

the points he was to discuss, and a neat and easy manner of collecting the substance of what had been said by his antag- onist and by himself. He had likewise an elegant choice of words, an agreeable flow in his periods, and a copious el- ocution, for which he was partly indebted to a fine natural capacity, and which was partly acquired by the most labori- ous rhetorical exercises. In short, he had a most retentive view of his subject, and always divided and distributed it into distinct parts with the greatest exactness ; and he very sel- dom overlooked any thing which the case could suggest that was proper either to support his own allegations or to refute those of his opponent. Lastly, he had a sweet and sonorous voice ; but his gesture had rather more art in it, and was managed with more precision than is requisite in an orator.

• ' While he was in the height of his glory, Crassus died,

Cotta was banished, our public trials were intermitted by the Marsic war, and I myself made my first appearance in the forum. LXXXIX. Hortensius joined the army, and served the first campaign as a volunteer, and the second as a mili- tary tribune ; Sulpicius was made a lieutenant general ; and Antonius was absent on a similar account. The only trial we had was that upon the Varian law ; the rest, as I have just observed, having been intermitted by the war. We had scarcely any body left at the bar but Lucius Memmius and Quintus Pompeius, who spoke mostly on their own affairs ; and, though far from being orators of the first distinction, were yet tolerable ones (if we may credit Philippus, who was himself a man of some eloquence), and, in supporting evidence, displayed all the poignancy of a prosecutor, with a moderate freedom of elocution. The rest, who were es- teemed our capital speakers, were then in the magistracy, and I had the benefit of hearing their harangues almost every day. Caius Curio was chosen a tribune of the people, though he left off speaking after being once deserted by his whole audience. To him I may add Quintus Metellus Celer, who, though certainly no orator, was far from being destitute of utterance; but Quintus Varius, Caius Carbo, and Cnaeus Pomponius were men' of real elocution, and might almost be said to have lived upon the rostra. Caius Julius too, who was then a curule aedile, was daily employed in making speeches to the people, which were composed with great neat-

358 BRUTUS; OK,

ness and accuracy. But while I attended the forum with this eager curiosity, my first disappointment was the banish- ment of Cotta ; after which I continued to hear the rest with the same assiduity as before ; and though I daily spent the remainder of my time in reading, writing, and private decla- mation, I can not say that I much relished my confinement to these preparatory exercises. The next year Quint us Yarius was condemned, and banished by his own law; and I, that I might acquire a competent knowledge of the principles of jurisprudence, then attached myself to Quintus Scaevola, the son of Fublius, who, though he did not choose to undertake the charge of a pupil, yet, by freely giving his advice to those who consulted him, answered every purpose of instruction to such as took the trouble to apply to him. In the succeed- ing year, in which Sylla and Pompey were consuls, as Sul- picius, who was elected a tribune of the people, had occasion to speak in public almost every day, I had opportunity to acquaint myself thoroughly with his manner of speaking. At this time Philo, a philosopher of the first name in the Academy, with many of the principal Athenians, having de- serted their native home, and fled to Rome, from the fury of Mithridates, I immediately became his scholar, and was ex- ceedingly taken with his philosophy ; and, besides the pleas- ure I received from the great variety and sublimity of his mat- ter, I was still more inclined to confine my attention to that study, because there was reason to apprehend that our laws and judicial proceedings would be wholly overturned by the continuance of the public disorders. In the same year Sul- picius lost his life ; and Quintus Catulus, Marcus Antonius, and Caius Julius, three orators who were partly contempo- rary with each other, were most inhumanly put to death. Then also I attended the lectures of Molo the Rhodian, who was newly come to Rome, and was both an excellent pleader and an able teacher of the art.

XC. " I have mentioned these particulars, which, perhaps, may appear foreign to our purpose, that you^ my Brutus (for Atticus is already acquainted with them), may be able to mark my progress, and observe how closely I trod upon the heels of Hortensius. The three following years the city was free from the tumult of arms ; but either by the death, the voluntary retirement, or the flight of our ablest orators (for

REMARKS ON EMINENT ORATORS. 359

even Marcus Crassus, and the two Lentuli, who were then in the bloom of youth, had all left us), Hortensius, of course, was the first speaker in the forum. Antistius, too, was dai- ly rising into reputation ; Piso pleaded pretty often ; Pompo- nius, not so frequently ; Carbo, very seldom ; and Philippus, only once or twice. In the mean while I pursued my studies of every kind, day and night, with unremitting application. I lodged and boarded at my own house (where he lately died) Diodotus the Stoic, whom I employed as my preceptor in va- rious othfer parts of learning, but particularly in logic, which may be considered as a close and contracted species of elo- quence, and without which you yourself have declared it im- possible to acquire that full and perfect eloquence, which they suppose to be an open and dilated kind of logic. Yet, with all my attention to Diodotus, and the various arts he was master of, I never suffered even a single day to escape me without some exercise of the oratorical kind. I constantly declaimed in private with Marcus Piso, Quintus Pompeius, or some other of my acquaintance ; pretty often in Latin, but much oftener in Greek ; because the Greek furnishes a great- er variety of ornaments, and an opportunity of imitating and introducing them into Latin ; and because the Greek masters, who were far the best, could not correct and improve us un- less we declaimed in that language. This time was distin- guished by a violent struggle to restore the liberty of the re- public ; the barbarous slaughter of the three orators, Scaevola, Carbo, and Antistius ; the return of Cotta, Curio, Crassus, Pompey, and the Lentuli; the re-establishment of the laws and courts of judicature, and the entire restoration of the commonwealth ; but we lost Pomponius, Censorinus, and Murena from the roll of orators. I now began, for the first time, to undertake the management of causes, both private and public; not, as most did, with a view to learn my pro- fession, but to make a trial of the abilities which I had taken so much pains to acquire. I had then a second opportunity of attending the instructions of Molo, who came to Rome while Sylla was dictator, to solicit the payment of what was due to his countrymen for their services in the Mithridatic war. My defense of Sextus Roscius, which was the first cause I pleaded, met with such a favorable reception, that from that moment I was looked upon as an advocate of the

860 BRUTUS; OK,

first class, and equal to the greatest and most important causes'; and after this I pleaded many others, which I pre- composed with all the care and accuracy I was master of.

XCL "But as you seem desirous not so much to be ac- quainted with any incidental marks of my character, or the first sallies of my youth, as to know me thoroughly, I shall mention some particulars, which otherwise might have seemed unnecessary. At this time my body was exceedingly weak and emaciated ; my neck long and slender ; a shape and habit which I thought to be liable to great risk of life, if engaged in any violent fatigue or labor of the lungs. And it gave the greater alarm to those who had a regard for me, that I used to speak without any remission or variation, with the utmost stretch of my voice, and a total agitation of my body. When my friends, therefore, and physicians, advised me to meddle no more with forensic causes, I resolved to run any hazard rather than quit the hopes of glory which I had proposed to myself from pleading ; but when I considered that by man- aging my voice, and changing my way of speaking, I might both avoid all future danger of that kind and speak with greater ease, I took a resolution of traveling into Asia merely for an opportunity to correct my manner of speaking ; so that after I had been two years at the bar, and acquired some rep- utation in the forum, I left Rome. When I came to Athens, I spent six months with Antiochus, the principal and most judicious philosopher of the old Academy, and under this able master I renewed those philosophical studies which I had laboriously cultivated and improved from my earliest youth. At the same time, however, I continued my rhetorical exercises under Demetrius the Syrian, an experienced and rep- utable master of the art of speaking. After leaving Athens I traversed every part of Asia, where I was voluntarily at- tended by the principal orators of the country, with whom I renewed my rhetorical exercises. The chief of them was Menippus of Stratonica, the most eloquent of all the Asiatics ; and if to be neither tedious nor impertinent is the character- istic of an Attic orator, he may be justly ranked in that class. Dionysius also of Magnesia, JEschylus of Cnidos, and Xenocles of Adramyttium, who were esteemed the first rhet- oricians of Asia, were continually with me. Not contented with these, I went to Ehodes, and applied myself again to

REMARKS ON EMINENT ORATORS. 861

Molo, whom I had heard before at Rome, and who was both an experienced pleader and a fine writer, and particularly judicious in remarking the faults of his scholars, as well as in his method of teaching and improving them. His principal trouble with me was to restrain the luxuriancy of a juvenile imagination, always ready to overflow its banks, within its due and proper channel. Thus, after an excursion of two years, I returned to Italy, not only much improved, but al- most changed into a new man. The vehemence of my voice and action was considerably abated ; the excessive ardor of my language was corrected; my lungs were strengthened; and my whole constitution confirmed and settled.

XCII. " Two orators then reigned in the forum (I mean Cotta and Hortensius), whose glory fired my emulation. Cotta's way of speaking was calm and easy, and distinguished by the flowing elegance and propriety of his language. The other was splendid, warm, and animated ; not such as you, my Brutus, have seen him, when he had shed the blossom of his eloquence, but far more lively and pathetic both in his style and action. As Hortensius, therefore, was nearer to me in age, and his manner more agreeable to the natural ar- dor of my temper, I considered him as the proper object of my competition. For I observed that when they were both engaged in the same cause (as, for instance, when they de- fended Marcus Canuleius, and Cneius Dolabella, a man of consular dignity), though Cotta was generally employed to open the defense, the most important parts of it were left to the management of Hortensius. For a crowded audience and a clamorous forum require an orator who is lively, animated, full of action, and able to exert his voice to the highest pitch. The first year, therefore, after my return from Asia, I un- dertook several capital causes ; and in the interim I put up as a candidate for the qusestorship, Cotta for the consulate, and Hortensius for the aedileship. After I was chosen quaes- tor I passed a year in Sicily, the province assigned to me by lot ; Cotta went as consul into Gaul ; and Hortensius, whose new office required his presence at Rome, was left of course the undisputed sovereign of the forum. In the succeeding year, when I returned from Sicily, my oratorical talents, such as they were, displayed themselves in their full perfec- tion and maturity.

Q

862 BRUTUS ; or,

I have been saying too much, perhaps, concerning myself; but my design in it was not to make a parade of my elo- quence and ability, which I have no temptation to do, but only to specify the pains and labor which I have taken to im- prove it. After spending the five succeeding years in plead- ing a variety of causes, and with the ablest advocates of the time, I was declared an sedile, and undertook the patronage of the Sicilians against Hortensius, who was then one of the consuls elect. XCIII. But as the subject of our conversa- tion not only requires an historical detail of orators, but such preceptive remarks as may be necessary to elucidate their characters, it will not be improper to make some observations of this kind upon that of Hortensius. After his appointment to the consulship (very probably because he saw none of con- sular dignity who were able to rival him, and despised the competition of others of inferior rank) he began to remit that intense application which he had hitherto persevered in from his childhood, and having settled himself in very affluent cir- cumstances, he chose to live for the future what he thought an easy life, but which, in truth, was rather an indolent one. In the three succeeding years, the beauty of his coloring was so much impaired as to be very perceptible to a skillful con- noisseur, though not to a common observer. After that, he grew every day more unlike himself than before, not only in other parts of eloquence, but by a gradual decay of the for- mer celerity and elegant texture of his language. I, at the same time, spared no pains to improve and enlarge my tal- ents, such as they were, by every exercise that was proper for the purpose, but particularly by that of writing. Not to mention several other advantages I derived from it, I shall only observe, that about this time, and but a very few years after my sedileship, I was declared the first praetor, by the unanimous suffrages of my fellow-citizens. For, by my dili- gence and assiduity as a pleader, and my accurate way of speaking, which was rather superior to the ordinary style of the bar, the novelty of my eloquence had engaged the atten- tion and secured the good wishes of the public. But I will say nothing of myself; I will confine my discourse to our other speakers, among whom there is not one who has gained more than a common acquaintance with those parts of litera- ture which feed the springs of eloquence ; not one who has

KEMARKS ON EMINENT ORATORS. 363

been thoroughly nurtured at the breast of Philosophy, which is the mother of every excellence either in deed or speech ; not one who has acquired an accurate knowledge of the civil law, which is so necessary for the management even of pri- vate causes, and to direct the judgment of an orator; not one who is a complete master of the Roman history, which would enable us, on many occasions, to appeal to the vener- able evidence of the dead ; not one who can entangle his opponent in such a neat and humorous manner as to relax the severity of the judges into a smile or an open laugh ; not one who knows how to dilate and expand his subject by re- ducing it from the limited considerations of time and person to some general and indefinite topic ; not one who knows how to enliven it by an agreeable digression ; not one who can rouse the indignation of the judge, or extort from him the tear of compassion ; or who can influence and bend his soul (which is confessedly the capital perfection of an orator) in such a manner as shall best suit his purpose.

XCIV. "When Plortensius, therefore, the once eloquent and admired Hortensius, had almost vanished from the forum, my appointment to the consulship, which happened about six years after his own promotion to that office, revived his dying emulation ; for he was unwilling that, after I had equaled him in rank and dignity, I should become his superior in any other respect. But in the twelve succeeding years, by a mu- tual deference to each other's abilities, we united our efforts at the bar in the most amicable manner ; and my consulship, which had at first given a short alarm to his jealousy, after- ward cemented our friendship, by the generous candor with which he applauded my conduct. But our emulous efforts were exerted in the most conspicuous manner just before the commencement of that unhappy period when Eloquence her- self was confounded and terrified by the din of arms into a sudden and total silence ; for after Pompey had proposed and carried a law, which allowed even the party accused but three hours to make his defense, I appeared (though compara- tively as a mere novitiate by this new regulation) in a number of causes which, in fact, were become perfectly the same, or very nearly so ; most of which, my Brutus, you were present to hear, as having been my partner and fellow-advocate in many of them, though you pleaded several by yourself; and

364 BRUTUS; or,

Hortensius, though he died a short time afterward, bore his share in these limited efforts. He began to plead about ten years before the time of your birth ; and in his sixty-fourth year, but a very few days before his death, he was engaged with you in the defense of Appius, your father-in-law. As to our respective talents, the orations we have published will en- able posterity to form a proper judgment of them.

XCV. "But if we mean to inquire why Hortensius was more admired for his eloquence in the younger part of his life than in his latter years, we shall find it owing to the fol- lowing causes. The first was, that an Asiatic style is more allowable in a young man than in an old one. Of this there are two different kinds. The former is sententious and sprightly, and abounds in those turns of thought which are not so much distinguished by their weight and solidity as by their neatness and elegance ; of this cast was Timaeus the his- torian, and the two orators so much talked of in our younger days, Hierocles of Alabanda, and his brother Menecles, but particularly the latter, both whose orations may be reckoned master-pieces of this kind. The other sort is not so remark- able for the plenitude and richness of its thoughts as for its rapid volubility of expression, which at present is the ruling taste in Asia ; but, besides its uncommon fluency, it is recom- mended by a choice of words which are peculiarly delicate and ornamental; of this kind were ^schylus the Cnidian, and my contemporary ^schines the Milesian ; for they had an admirable command of language, with very little elegance of sentiment. These showy kinds of eloquence are agreeable enough in young people, but they are entirely destitute of that gravity and composure which befits a riper age. As Horten- sius, therefore, excelled in both, he was heard with applause in the earlier part of his life. For he had all that fertility and graceful variety of sentiment which distinguished the character of Menecles ; but, as in Menecles, so in him, there were many turns of thought which were more delicate and entertaining than really useful, or indeed sometimes conven- ient. His language also was brilliant and rapid, and yet per- fectly neat and accurate, but by no means agreeable to men of riper years. I have often seen it received by Philippus with the utmost derision, and, upon some occasions, with a contemptuous indignation ; but the younger part of the audi-

REMARKS ON EMINENT ORATORS. 365

ence admired it, and the populace were highly pleased with it. In his youth, therefore, he met the warmest approbation of the public, and maintained his post with ease as the first orator in the forum. For the style he chose to speak in, though it has little weight or authority, appeared very suit- able to his age ; and as it discovered in him the most visible marks of genius and application, and was recommended by the numerous cadence of his periods, he was heard with uni- versal applause. But when the honors he afterward rose to, and the dignity of his years, required something more serious and composed, he still continued to appear in the same char- acter, though it no longer became him; and as he had, for some considerable time, intermitted those exercises, and re- laxed that laborious attention which had once distinguished him, though his former neatness of expression and luxuriancy of conception still remained, they were stripped of those brill- iant ornaments they had been used to wear. For this reason, perhaps, my Brutus, he appeared less pleasing to you than he would have done if you had been old enough to hear him when he was fii-ed with emulation, and flourished in the full bloom of his eloquence."

XCVI. ^^I am perfectly sensible," said Brutus, "of the justice of your remarks ; and yet I have always looked upon Hortensius as a great orator, but especially when he pleaded for Messala, in the time of your absence." '*^I have often heard of it," replied I ; " and his oration, which was after- ward published, they say, in the very same words in which he delivered it, is no way inferior to the character you give it. Upon the whole, then, his reputation flourished from the time of Crassus and Scsevola (reckoning from the consulship of the former), to the consulship of Paullus and Marcellus ; and I held out in the same career of glory from the dictatorship of Sylla to the period I have last mentioned. Thus the elo- quence of Hortensius was extinguished by his own death, and mine by that of the commonwealth." "Presage more fa- vorably, I beg of you," cried Brutus. " As favorably as you please," said I, " and that, not so much upon my own ac- count as yours. But his death was truly fortunate, who did not live to behold the miseries which he had long foreseen ; for we often lamented, between ourselves, the misfortunes which hung over the state, when we discovered the seeds of a civil

366 BRUTUS; OR,

war in the insatiable ambition of a few private citizens, and saw every hope of an accommodation excluded by the rash- ness and precipitancy of our public counsels. But the felic- ity which always marked his life seems to have exempted him, by a seasonable death, from the calamities that followed. But as, after the decease of Hortensius, we seem to have been left, my Brutus, as the sole guardians of an orphan eloquence, let us cherish her, within our own walls at least, with a gen- erous fidelity ; let us discourage the addresses of her worth- less and impertinent suitors ; let us preserve her pure and un- blemished in all her virgin charms, and secure her, to the ut- most of our ability, from the lawless violence of every armed ruffian. I must own, however, though I am heartily grieved that I entered so late upon the road of life as to be overtaken by a gloomy night of public distress before I had finished my journey, that I am not a little relieved by the tender consola- tion which you administered to me in your very agreeable letters, in which you tell me I ought to recollect my courage, since my past transactions are such as will speak for me M'hen I am silent, and survive my death ; and such as, if the gods permit, will bear an ample testimony to the prudence and in- tegrity of my public counsels by the final restoration of the republic ; or, if otherwise, by burying me in the ruins of my country.

XCVII. But when I look upon you^ my Brutus, it fills me with anguish to reflect that, in the vigor of your youth, and when you were making the most rapid progress in the road to fame, your career was suddenly stopped by the fatal overthrow of the commonwealth. This unhappy circumstance has stung me to the heart ; and not me only, but my worthy friend here, who has the same affection for you and the same esteem for your merit which I have. We have the warmest wishes for your happiness, and heartily pray that you may reap the rewards of your excellent virtues, and live to find a republic in which you will be able, not only to revive, but even to add to the fame of your illustrious ancestors. For the forum was your birthright, your native theatre of action ; and you were the only person that entered it who had not only formed his elocution by a rigorous course of private prac- tice, but enriched his oratory with the furniture of philosoph- ical science, and thus united the highest virtue to the most

REMARKS ON EMINENT ORATORS. 367

consummate eloquence. Your situation, therefore, wounds us with the double anxiety that you are deprived of the repuh- licy and the republic o^ you. But still continue, my Brutus (notwithstanding the career of your genius has been checked by the rude shock of our public distress), continue to pursue your favorite studies, and endeavor (what you have almost, or rather entirely effected already) to distinguish yourself from the promiscuous crowd of pleaders with which I have loaded the little history I have been giving you. For it would ill befit you (richly furnished as you are with those liberal arts which, unable to acquire at home, you imported from that celebrated city which has always been revered as the seat of learning) to pass after all as an ordinary pleader. For to what purposes have you studied under Pammenes, the most eloquent man in Greece ? or what advantage have you de- rived from the discipline of the old Academy, and its heredi- tary master Aristus (my guest and very intimate acquaintance), if you still rank yourself in the common class of orators'? Have we not seen that a whole age could scarcely furnish two speakers who really excelled in their profession? Among a crowd of contemporaries, Galba, for instance, was the only orator of distinction ; for old Cato (we are informed) was obliged to yield to his superior merit, as were likewise his two juniors, Lepidus and Carbo. But, in a public harangue, the style of his successors, the Gracchi, was far more easy and lively ; and yet, even in their time, the Roman eloquence had not reached its perfection. Afterward came Antonius and Crassus ; and then Cotta, Sulpicius, Hortensius, and — but I say no more ; I can only add, that if I had been so fortunate — \_The conclusion is lost.~\

INDEX.

Academics, discipline of the, 296 ; their doctrines, 211.

Academy, the, IT; orators of the, 17, 18; manner of disputing in the, 2T, et seq. ; founded by Xenocrates, 209 ; New, found- ed by Arcesilas, 211.

Accent, peculiarities of, 311.

Accius, T., remarks on, 345.

Acting, points to be observed in, 222.

Action, nature and principles of, 224 ; va- rious questions relating to, 226 ; on the proper use of, 258; the speech of the body, 259; displays the movements of the soul, 259.

Actor, not condemned for being once mis- taken in an attitude, 3T; emotions of the, 136.

Aculeo, 83; his great knowledge of law, 56.

Acusilas, the historian, 96.

Admonition, how to be applied, 183.

^lius, Sextus, the Roman lawyer, 56, 63, 283 ; commentaries of, 73 ; his universal knowledge, 230; orations of, 310; re- marks on, 322, 323.

-^milianus, Africanus, an ironical jester, 163.

jEmilius, M., 138; an eminent orator, 288.

Enigmas of metaphor, 240.

^schines, the orator, 17, 271; anecdote of, 255, 256.

-^sopus, 80.

Afranius, M., the poet, 310.

Agesilaus, acquirements of, 232.

Agitation, on commencing a speech, nat- ural, 39.

Agnation, law of, 50, et n.

Ahenobarbus, Cn. D., the orator, 148, et n.

Albinus, A., the historian and orator, 284; notices of, 300.

Albucius, T., remarks on, 299.

Alcibiades, works of, 108, et n. ; his learn- ing and eloquence, 232, 269.

Allegorical phraseology, use of, in oratory, 159.

Allies, rights of, should be known to the orator, 44.

Alpinus, S., orations of, 288.

Ambiguity, every subject possesses the same susceptibleness of, 224.

Ambiguous words, plays on, 156, 157.

Anaxagoras, 232, 273.

Anger, feelings of, 141 ; assumes a partic- ular tone of voice, 257.

Animal body, harmony and perfection of the, 244.

Annius, T., an orator, 283.

Antigenidas, the musician, 316.

Autimachus, the poet, 317.

Antipater of Sidon, the poet, 249.

Antipater, L. C, the historian-, 96, 97.

Antiphon, the essayist, 274.

Antiquity must be known by the orator, 44 ; study of, 57, et n.

Antisthenes, founder of the Cynics and the Stoics, 209.

Antistius of Pyrgi, 168.

Antistius, P., remarks on, 329.

Antonius, Marcus, one of the orators of Cicero's Dialogues, 5, 12, et seq. ; prae- tor at Rhodes, 25; his visit to Athens, 26; his merits as an orator, HI, 301, 302 ; death of, 194.

Anxiety, feelings of, 141, 142.

Apelles, the Greek painter, 281.

ApoUonius, the orator of Alabanda, S7.

Apollonius, the orator of Rhodes, 25.

Appius, wit of, 153.

Appius, the elder, saying of, 166.

Appius, the blind, an able speaker, 276.

Aptitude and congruity of language, 207.

Apuleian law, 113, et n., 139.

Apuleius, L„ the orator, 329.

Aquilius, M., his trial and acquittal, 116, et n. ; defense of, 134, 137 ; remarks on, 328.

Aratus, the astronomical poet, 23.

Arcesilas, founder of the New Academy, 211.

Argument, three things requisite for find- ing, 123 ; diffeiLoUt modes of conducting, 128, et seq. ; the force of, to be resisted, 144 ; mode of arranging facts and topics of, 174, et seq.

Arguments, the strongest, to be maintain- ed, 170.

Aristippus, founder of the Cyrenaic phi- losophy, 209.

Aristotle, 17, 20; his divine genius, 124; his acuteness of intellect, 127 ; founder of the Peripatetics, 209 ; his manner of discussing questions, 214; his system of teaching, 232; the tutor of Alexander, 233 ; his remarks on metrical quantities, 245, 246; nervous style of, 296.

Arrius, notice of, 335.

Arsis, explanation of, 245, 246, n.

Art, how far necessary in oratory, etc., G9;

370

INDEX.

not necessary to understand every art, C5; has no concern with wit, 149; har- mony in the works of, 245.

Arts, attainments in the, 217.

Arts and sciences, writers on the, must be read by the orator, 44 ; a knowledge of, essential to oratory, 55.

Asclepiades, the physician, 22.

Asellus, jests on, 158, et n., 162.

Athenians, learnhag among the, neglected, 204.

Athens, laws of, 70 ; the earliest records of eloquence there found, 269; the early orators of, 269 ; rhetoricians of, 269.

Attachment, law of, 51.

Attic, remarks on the word, 350, 351.

Attic orators, 351, 352.

Atticus, T. Pomponius, conference held with eminent orators, 264, et seq. ; his abridgment of " Universal History," 265

Attius, the poet, 292, 331.

Aufidius, T., remarks on, 313.

Autronius, P., remarks on, 335.

Balbi, the two, 214.

Balbus, L. L., an able speaker, 305,

Barrus, T. B., orations of, 310.

Bequests, law of, 51, et n.

Bestia, notices of, 298.

Bibulus, M., notices of, 344.

Bilienus, C, remarks on, 312.

Breath, exercise of the, 44.

Brevity, in a speech, 179; sometimes ob- tained by metaphor, 237, 238; some- times a real excellence, 274, 275.

Bribery, charges of, 112.

Briso, M. A., the tribune, 289.

Brutus, D., son of Marcus Brutus, 292; re- marks on, 312.

Brutus, Lucius Junius, powers of his mind, 15; his great capacities, 275.

Brutus, Marcus Junius, witticisms of Cras- sus against, 146, 147; Cicero's confer- ence with, on eminent orators, 262, et seq. ; remarks on, 299, 312, 831 ; lamen- tations of Cicero at his political difficul- ties, 366; his diversified talents, 366, 367.

Buffoon, what so ridiculous as a, 155.

C^BCiLius, the writer of comedies, 93, et n. Caelius, C, remarks on, 309. Caelius, K, an elegant writer, 290, 291. Caelius, M., high character of, 346. Caepasius, C. and L., remarks on, 335. Caepio, Q., the orator, 328; his trial and

banishment, 137, et n. ; remarks on, 300. Csepios, the two, judgment and eloquence

of, 289. Csesa, meaning of, 147, n. Caesar, Julius, remarks on, 86, 87, 337,

339 ; his eloquence, 338, 339 ; added all

the various ornaments of elocution, 342. Caesulenus, remarks on, 299. Caius, a common praenomen among the

Romans ; see x^as^m.

Calamis, the Greek sculptor, 280, 281. Calidianus, C. C, remarks on, 335. Calidius, the advocate of Gabinius, high

character of, 346, 347. Callisthenes, the historian, 98. Calvinus, punning anecdote of, 151, et n. ;

notices of, 299. Calvus, punning on the word, 155. Calvus, C. L., high character of, 348, 343. Canachus, the Greek sculptor, 280. Canius, C, witty ingenuity of, 166. Canutius, remarks on, 322. Capitol, design and beauty of the, 245. Carbo, Caius, the orator, 43, 288 ; remarks

on, 291, 328, 354; death of, 195. Carbo, Cn., the consul, 16, et n. ; an ora- tor, 328. Carneades, the orator and philosopher, 17,

18, 125, 126, 127. Carvilius, S., punning anecdote of, 154. Cassius, Lucius, eloquence of, 289. Cato, C. , nephew of Africanus, 292. Cato, Marcus, notices of, 68, 96, 280, 328; his definition of an orator, 105, n. ; say- ing of, 163; his wit, 165; his great ac- quirements, 230 ; speeches of, 279, 287 ; a great orator, 279; his contemporary orators, 282. Catulus, Q., 86, 328 ; his jest on Philippus, 157; his death, 194; remarks on, 299, 341. Causes in law, on the management and conducting of, 110-115; inquiry into the nature of, 119 ; two species of, ignorant- ly stated, 119 ; arguments to be drawn from, 129 ; the points to be pleaded, 169, 171 ; mode of conducting, 323. Cavillatio, meaning of the word, 145, n. Censorinus, remarks on, 334. Censuring, rules for, 185. Centumviri, a body of inferior judices, 50,

210 ; their decisions, 51, 53. Cethegus, M. C, eloquence of, 277; no- tices of, 278. Cethegus, P., remarks on, 313. Charges, various kinds of, 112, et seq. Charisius, notice of, 351. Charmadas of Athens, 17, 18, 188; his

speeches, 27-29. Children, on disinheriting, 51, et n. Chors, meaning of, 160, n. Chrysippus, the philosopher, 19. CiCEEO, Marcus Tdi.ly, his Dialogues on the '-'■ Character of the Orator," 5, et seq. ; course of municipal honors through which he passed, 6, et n. ; the troubles in which he was at times engaged, 6; jest of, 161 ; his arrival at Rhodes, 262 ; his conference with Brutus and Pompo- nius on eminent orators, 264, et seq. ; his literary and political career, 358, 359, et seq. ; the successor of Horten- sius, 363. Cicero, Quintus, the Dialogues on Ora- tory written at the request of, 5. Cincian law, notices of the, 167, n.

INDEX.

371

Cincius, repartee of, 167. 1

Circumluvions, law of, 50, et n. Circumstances, arguments to be drawn

from, 129. Circumveniri, punning on the word, 155,

et.n. Citae, the legal meaning, 72, n. Civil affairs, chief qualification for giving

counsel in, 182. Civil law, on the proper understanding of the, 57, et seq. ; must he thoroughly studied by the orator, 44, 46 ; confusion arising from the ignorance of, 47, 48; delight in acquiring the knowledge of it, 56, 57, 58, et seq. ; changes in the, 59, et n. ; the knowledge of, not always necessary in oratory, 74, 76, ct seq. Civili, explanation of, 20, n. Claudicat, punning on the word, 154. Claudii, 51.

Claudius, A., eloquence of, 276, 292; no- tices of, 344. Cleon, the orator, 269. Clisthenes, oratoiy of, 269. Clitomachus, 17. Clodius, C, notices of, 309. Co-heirs, Roman law of, 72. Collocation of words, 242. Colons, minute sentences, 308. Commonplaces to be fixed in the memory,

131. tIJommon things, eloquence of, 96. Comparative, two sorts of questions regard- ing the, 226. Comparison, a jest may be derived from,

161. Composition of words, 242. Consequential, questions connected with

the, 225. Consolation must be treated with elo- quence, 96. Contested causes, difficulties of, 102. Contraries, arguments to be drawn from,

129. Copiousness of matter produces copiousness

of language, 227. Coponius, M., 53, 121. Corax, 29 ; jests on the name, 215. Corculum, a surname of Scipio Nasica,

283, et n. Coriolanus, exile and death of, 272. Cornelia, the mother of the Gracchi, 324. Cornelius, P., anecdote of, 162. Coruncanius, T., wisdom of, 230; his elo- quence, 276. Costume of speech, 41. Cotta, C. A., one of the personages of Cice- ro's Dialogues, 5, 12, 13, et seq.; ex- pelled from office, 195 ; his faults of pro- nunciation, 205. Cotta, L., a skillful speaker, 284; remarks

on, 301, 321, 341. Countenance, its importance in oratory,

258, 259. Country, love of, 57. Grassus, Lucius L., one of the orato3*.=? of

Cicero's Dialogues, 5, et seq. ; his praises of oratory, 1 3 ; quaestor in Asia, 17, et n. ; his oratorical accomplishments, 116; his witticisms against Brutus, 146, 147 ; jest- ing of, 160; witty sarcasm of, 165; his ingenious mode of examination, 167 ; his varied talents, 190, 307; anecdote of, 197 ; his general views of eloquence, 197, et seq. ; his great skill as an orator, 303 ; his skillful pleading, 318, 319 ; his ora- tion in defense of Curius, 340.

Crassus, Marcus, the praetor, 47 ; his great acquirements, 332.

Crassus, P., 48, et n., 73; wisdom of, 230; an orator of great merit, 289 ; notices of, 291, 292 ; his high character, 349.

Criminal matters, modes of conducting, 112.

Critias, writings of, 108, et n. ; his learning and eloquence, 232, 269,

Critolaus, the philosopher, 126, 127.

Ctesiphon, 255, 256.

Curio, C, the orator, 110, 293; his geniup, 296; the third best orator of his age, 324; his want of memory,' 326; family of, 325; remarks on, 326, 327; his high character, 348,

Curius, M., the friend of Cicero, 53, 72, 145 ; eloquence of, 296.

Cynics, Antisthenes the founder of, 209.

Cyreuaic philosophy, Aristippus the found- er of, 209.

Decius, P,, style of, 292.

Definition, meaning of the term, 56 ; how far useful, 113 ; the various disputes on, 225.

Deliberations in cases of law, 112.

Delivery, one of the essentials of an ora- tion, 41, n. ; manner of, the sole power in oratory, 255; Demosthenes' opinion of, 255 ; the voice materially contributes to its effectiveness, 259.

Demades, the orator, 271.

Demochares, the Greek writer, 109; no- tices of, 351.

Democritus, the philosopher, 18; his fol- lowers, 16.

Demosthenes, possessed of the utmost en- ergy of eloquence, 28; his efforts to ac- quire perfection, 80 ; his opinion of the chief requisite of eloquence, 255 ; a com- plete orator, 270 ; style of, 296.

AiaXeKTiKr]^ the art taught by Diogenes, 126,

Diligence, requisite for finding argument, 123 ; to be particularly cultivated, 124.

Dinarchus, the orator, 271.

Diogenes, the philosopher, 126.

Dion of Syracuse, learning of, 232.

Dionysius, 97.

Diophanes, the eloquent Grecian, 291.

Disposition, one of the parts of an oration, 40, n.

Disputation, manner of, among the Greeks, 27, et seq.^ 32; no kinds of, should be foreign to the orator, 228.

372

INDEX.

Dissimilarity, arguments to be drawn from, 129.

Dissimulation, joking similar to a sort of, 163.

Distortion of features, unworthy of an ora- tor, 156.

Divisores, explanation of the term, 15S, n.

Domitius, Caseus, jest of Crassus against, 152, n.

Domitius, Cneius, remarks on, 309.

Domitius, L., notices of, 344.

Doubt, matters admitting of, how to be de- cided, 123.

Drusus, 5, 12; his complaints against Philippus, 192.

Drusus, M. and C, the orators, 292, 293.

Duodecim Scriptis, the game so called, 65, w.

EcHiON, the Greek painter, 281.

Egilius, witty repartee of, 165.

Elocution necessary in oratory, 202.

Eloquence, difficulty of acquiring the art of, 10 ; the praises of Crassus in favor of, 13, 14; Scsevola's opinions on, op- posed to those of Crassus, 14; the early Romans destitute of, 15; ancient laws, customs, etc., not established by, 16; saying of Socrates on, 22; connected with oratory, 26; consists in the art of speaking well, 26 ; of the Academicians, 27, et seq. ; different from good speak- ing, 29 ; every branch of knowledge nec- essary to, 84 ; advantage of, 91 ; wheth- er it is desirable ? 94 ; of common things, 96 ; power of, mostly the same, 182 ; one and the same, in whatever regions of de- bate engaged, 198, 199; the different kinds of, 199, et seq. ; the distinguishing title of, 207 ; power of, denominated wis- dom, 207 ; the real power of, 213 ; vari- ous requisites for, 220, 251, et seq. ; the greatest glory of, to exaggerate by em- bellishment, 222; wonderful love of, in Greece, 269 ; the house of Isocrates the school of, 270 ; the age when it flourish- ed, 270, et seq. ; the attendant of peace, etc., 273; what is the perfect character of, 320. See Oratory and Speaking.

Embellishment, one of the parts of an ora- tion, 40, n.

Emotions of the mind, 133, et seq.; ex- pressed on the countenance, 256; and by gestures, 258.

Empedocles, 65.

Ennius, 43 ; an axiom of, 146 ; his ^' An- nals," 277 ; remarks on, 278 ; notices of, 281, 282; death of, 283.

Entreaty, sometimes very advantageous, 183.

Epaminondas, talents of, 232; erudition of, 274.

Ephorus, the historian, 97.

Equity, sometimes the object of oratory, 40 ; on questions of, 121.

Eretrians, sect of, 209.

Evidence to be given with great exactness, 95.

Exhortation must be treated with elo- quence, 96.

Exordium of a speech, 177, 178.

Expectation, jokes contrary to, 157.

Expediency, how to be treated in oratory, 181.

Eyes, management of the, in oratory, 259.

Fabius Maximus, jest on, 163.

Fabius, S., the orator, 284.

Fabricius, C, witticism of, 162; eloquence of, 276.

Facetiousness, good effect of, 183.

Facts, questions on the nature of, innu- merable and intricate, 120; from the facts themselves, very few and clear, 120 ; statement of, in a speech, 180.

Fannii, Caii, the orators, 289.

Fannius, the annalist, 162.

Fear, feelings of, 141, 142 ; assumes a par- ticular tone of voice, 257.

Feelings to be worked on, 141.

Fimbria, C, notices of, 107, 298, 332.

Flaccus, M. F. , a tolerable orator, 292.

Flamininus, T., an accurate speaker, 293; remarks on, 341.

Flavins, Cn., 55.

Folly, witty mode of exposing, 165.

Fufidius, a tolerable pleader, 294.

Fufius, L., 52, 206; remarks on, 328.

Fulvius, the orator, 284.

Furius, L., 125.

Fusius, 107.

Galea, C, notices of, 298.

Galba, S. , 16, 73 ; his tragic speech, 68, 69 ;

repartee of, 160 ; the best speaker of his

age, 284; his successful pleadings, 286;

his energetic defense against Libo, 287 ;

inferiority of his written compositions,

288 ; remarks on, 354. Gallus, C. A., an able speaker, 305. Gellius, 291 ; remarks on, 291. General, what he is, 63. Genius, the great end of speaking, 34;

requisite for finding argument, 123. Gesture, appropriate, ought to attend the

emotions of the mind, 258. Glabrio, notice of, 334. Glaucia, repartee of, 160; remarks on,

329. Good breeding essential to the orator, 24. Gorgias, the Leontine, 32; his universal

knowledge, 229 ; a rhetorician, 269 ; an

essayist, 274. Gorgonius, C, remarks on, 314. Government, the sort of wisdom applied

to, 27; nature of, should be known to

the orator, 44. Gracchus, Caius, his pitch-pipe for regu- lating the voice, 260 ; genius of, 297. Gracchus, T., the Roman orator, 63, 283,

288; his effective delivery, 256; his

death, 291.

INDEX.

373

Grammarians, number of, who have ex- celled, 8.

Granius, witticisms of, 153, 156, 15T, 166 ; anecdote of, 311.

Gratidianus, M., 52, 310.

Gratidius, M., notices of, 310.

'^ Great Annals," the early records of Rome, 96.

Greece, the seven wise men of, 231; her wonderful love of eloquence, 269 ; orators of, very ancient, 2T4.

Greek, on the reading and study of, 98, 99.

Greek writers have produced their differ- ent styles in different ages, 107-109; their varied abilities, 125.

Greeks, oratory of the, 11, 18 ; their man- ner of disputation, 27, et seq.^ 32; char- acter of the, 88 ; their powers as writers of history, 96 ; their manner of teaching oratory, 103, 104; objections to it, 104, 105; some degree of learning and polite- ness among the, 219.

Greville, punning on the name, 155, n.

Hand, action of the, in oratory, 258.

Hannibal, his opinion of Phormio's oration on the military art, 103.

Harmony of words, 242, 243; of natural things, 244 ; of sounds, 250.

Hatred, feelings of, 141.

Hearers influenced by the different quali- ties of a speaker, 132.

Hegesias, remarks on, 351.

Hellanicus, the historian, 96.

Herctum, the legal meaning, 72, et n.

Hercules of Polyctetus, 101.

Herennius, M., remarks on, 309.

Herillians, sect of, 209.

Hermodorus, the dock-builder, 22.

Herodotus, eloquence of, 97.

Hierocles, 109.

Hippias of Elis, his universal knowledge, 228, 269.

History must be studied by the orator, 44 ; a knowledge of, essential to oratory, 79 ; what are the talents requisite for, 96; Greek and Latin writers of, 96, 98 ; how far is it the business of the orator ? 99 ; the general rules of, obvious to common sense, 99; humorous allusions may be drawn from, 161; truth of, much cor- rupted, 278.

Homer, eloquence appreciated by, 272; poets existed before his time, 281.

Honor, how to be treated in oratory, 181.

Honors, course of, through which the Ro- mans had to pass, 6, et n. ; whether they should be sought? 94.

Hope, feelings of, 141, 142.

Hortensius, the orator, 261; his death, 262 ; his character, 262, et seq. ; his genius, 330 ; his coevals, 331 ; biograph- ical notices of, 356; his distinguished qualities, 357, 364, et seq. ; succeeded by Cicero, 363.

HostUius, C, 72; "Cases of," 76. House, contest respecting the sale of a, 52. Humor, strokes of, necessary in oratory,

144, et seq. Hypallage, form of, 240. Hyperides, the orator, 271. Hypsseus, his contest with C. Octavius, 47,

et n.

Ictus metrici explained, 245, n. Imitation, advice respecting, 107; the ora- tor should be moderate in, 152. Impertinent, definition of the word, 87. Impossible, on treating the, 181. Indecency of language to be avoided in

oratory, 156. Indiscretion, various ways in which it may

be prejudicial to the orator, 172, et n. Inheritances, formulae for entering on, 31,

etn. Inquiiy, various subjects of, 224, 225. Instances, parallel, arguments to be drawn

from, 130. Intestacy, law of, 51. Invention, one of the parts of an oration,

40, n. Invention and arrangement essential to

oratoiy, 41. Ironical dissimulation sometimes produces

an agreeable effect, 162. Ironical use of words, 160. Irony of Socrates, 353. Isocrates, the father of eloquence, 85 ; his

house the school of eloquence, 108, 270 ;

his mode of teaching, 243, 270, 322; a

writer of orations, 274. Italy, formerly called '^ Magna Grsecia,"

125.

Jesting, mimicry a species of, 156; the various kinds of, 156, et seq.

Jests, Greek books on, 144 ; the kind that excite laughter, 150, 154; various sorts of, 156, et seq. ; infinite in variety, but reducible to a few general heads, 168, 169.

Jocosity, useful in oratory, 144.

Jokes, 150; sometimes border on scurrili- ty, 153 ; often lie in a single word, 158. See Jests.

Joking, caution to be observed in, 151.

Joy, feelings of, 141, 142.

Julius, C, 86; death of, 195; varied tal- ents of, 313.

Julius, L., death of, 195.

Junius, T., remarks on, 314

Jurisprudence, a knowledge of, essential to oratory, 79.

Jus applicationis, 51.

Jus civile, 59. See Civil Law.

Jus publicum, the various heads of, 60, n,

Juventius, T., remarks on, 313.

KiNDKED, law of, 50, et n. Knowledge, the liberal departments of, linked together in one bond, 198; three

374

INDEX,

kinds of, 225; all the objects of, compre- hended by certain distinguished indi- viduals, 230.

LiELiA, the daughter of C. Lselius, 324 ; her . sweetness of voice, 204.

Lselius, C, 63, 125; his light amusements, 88; repartee of, 16T; a finished orator, 284, 285; his pleadings, 285; esteemed the wisest of men, 325.

Lselius, Decimus, 89.

Lama, L. iE., repartee of, 160.

Language, purity of, necessary, 202 ; faults of, noticed, 203; on the ambiguity of, 205; form of, follows the nature of our thoughts, 244; agreeableness and grace of, 245 ; metrical structure of, 245 ; the various figures which tend to adorn, 251, et seq. ; fashionable delicacy of, 310.

Largius's limb, joke on Memmius respect- ing, 151, 152, et n.

Latin, to be spoken with purity, 202.

Laughter, five things connected with, which are subjects of consideration, 150; sort of jests calculated to excite, 154, 166.

Law, instances of ignorance of, 4T, 48 ; va- rious disputed cases of, 50-54 ; a knowl- edge of, necessary to the orator, 71; case of, discussed between Crassus and Gal- ba, 73 ; cases in which there can be no dispute, 73 ; cases in which the civil law is not absolutely necessary, 74, 76, et seq. (see Civil Law).

Laws must be understood by the orator, 14 ; different kinds of, specified, 50 ; of Athens, 70.

Lawyer, who truly deserves the name ? 03.

Learning, advantages of, 216, 217 ; its progress in Rome, 219; of the Greeks, 219.

Lentulus, Cn., 333, 337.

Lentulus, L., the orator, remarks on, 283.

Lentulus, P., the prsetor, 63; eloquence,of, 292; remarks on, 301.

Lentulus, P. and L., notices of, 344.

Lepidus, M., saying of, 168; witticism of, 168; remarks on, 354.

Lex Licinia Mucia de civibus regendis, 158.

Libo, T., the tribune, 286.

Licinise, the, 324.

Livius, biographical notices of, 281, 282.

Longinus, 79.

Love, feelings of, 141.

Lucilius, C. , the satirist, 24, et n.; a man of great learning, 89 ; obscurity of a pas- sage in, 156, et n.

Lucius, a common Latin prsenomen; see passim.

Luculli, L. and M., the orators, 328,

Lycurgus, 271, 272.

Lysias, a complete orator, 270 ; notices of, 279.

Macedonia, 17.

Macer, C, remarks on, 334.

Magius, jest respecting, 161 ; remarks on, 313.

Mago, the Carthaginian, 76, et n.

Mains, C, 23.

Maluginensis, M. S., joke of, 159.

Mancia, M., satirical jest on, 161.

Mancinus, C., case of, 53.

Manilian laws, 75.

Manilius, M., 63 ; his universal knowledge, 230; his judgment, 292.

Manlius, Cn., 117, et n.

Marcelli, 51. -

Marcellus, M., 20; remarks on, 301.

Marcus, a common prsenomen among the Romans; see passim.

Marcus, Q., a Roman orator, 283.

Marius, C, 137.

Marius, M., the orator, 328.

Mathematics, the number who have ex- celled in, 8.

Maximus, Q., the orator, 292.

Megarians, sect of, 209.

Memmius, jests respecting, 151, 152, 161 ; his witty reproof, 166; remarks on, 337.

Memmius, C. and L., remarks on, 300.

Memory, the repository of all things, 10; one of the requisites of an orator, 41, n. ; to be exercised, 43, 44 ; art of, 172, 187, 188; Simonides the inventor, 186; a great benefit to the orator, 187.

Menecles of Alabanda, 109.

Menedemus of Athens, 27.

Messala, remarks on, 337.

Metaphor, a brief similitude, 237 ; on the use of, 237 ; brevity sometimes obtained by, 237, 238 ; not to be too far-fetched, 239 ; oh the connection of several meta- phore, 241.

Metaphorical use of words, 160.

Metelli, C. and N., remarks on the, 337.

Metellus, notices of, 63, 162, et 72., 300; eloquence of, 277, 284.

Method, requisite for finding argument, 123. •

Metonymy, form of, 240.

Metrical quantities of words or sentences, 245, 246.

Metrodorus, 188, 213.

Military art, Phormio's lecture on the, 103.

Mimicry, a kind of ludicrous jesting, 156.

Misenum of Campania, 98.

Mnesarchus, 18, 26.

Modulation of words, 242, 243.

Molo, the rhetorician, 358.

Money, charges of extortion, 112 ; embez- zlement of, 112.

^^Ittotus," meaning of, 84.

Mucise, the, 324.

Mucins, P., 63, 73, 96.

Mucins, Q., 12, 59.

Mummius, L. and S., the Roman orators, 288.

Murena, P., remarks on, 334.

Music, the numbers who have excelled in, 8.

Myron, the Greek sculpto]*, 281.

INDEX.

375

N^Evnis, punning on the name, 155 ; writ- ings of, 2T8.

Narration, contained in a speech, 179 ; dif- ficulties of, 160.

Nasica, witty repartees of, 159, 164.

Nature, harmony and beauty of, 244.

Nature and genius, the great end of speak- ing, 34.

Naucrates, writings of, 108, 109, et n.

Nero, C. C, old saying of, 154.

Nerva, C. L., 298.

Nicander, of Colophon, 23, et n.

Nicomachus, the Greek painter, 281.

Nobilior, punning alteration of the word, 157, et n.

Norbanus, C, the tribune, IIT, et n., 134, 137, n., 138.

Numa Pompilius, 15, 125.

Numerius Furius, notices of, 21T.

Nummius, punning on his name, 158.

Nuncupative wills, 69, et n.

Obsctjeity to be avoided in metaphor, 240.

Octavius, Cn., his contest with Hypsseus, 47, 4S, et n. ; eloquence of, 312.

Octavius, M. and Cn., the orators, 288, 328.

Oration, its effects when adorned and pol- ished, 13; the different methods of di- viding it, 103, 104 ; difficulties attending it, 105.

Orations, written ones often inferior to those spoken, 287, 288.

Oeator, The, Cicero's Dialogues on his character, 5, et seq. ; when and why composed, 5 ; the different persons intro- duced, 5; must obtain the knowledge of every thing important, 11 ; to be accom- plished in every subject of conversation and learning, 15; can speak well on every subject, 19; his poAver consists in exciting the feelings, 19 ; he is an orator who can define his power, 22; ethical philosophy may be mastered by, 23 ; good breeding essential to him, 24; na- ture and genius his great aids, 34 ; defi- nitions of the complete orator, 35, 36, et seq. ; condemned for the least imperfec- tion, 36, 37; writing his best modeler and teacher, 42; his general studies, 43-45; the various departments of knowl- edge Avith which he should be familiar, 44, 45; a knowledge of civil law abso- lutely necessary, 46, et seq. ; an acquaint- ance with the arts and sciences essential, 55; one who can use appropriate words and thoughts, 64; must study philoso- phy, 66 ; the various objects he ought to embrace, 66, 67; one who can use the art of persuasion, 80 ; invention and ar- rangement essential, 82, et seq. ; no ex- cellence superior to that of a consum- mate orator, 91, 92; how far history is his business, 99 ; the kinds of subjects on which he may speak, 100, 101; Cato de- fines him as ^'^ vir bonus dicendi peritus,"]

105, w. ; his excitement of the passions, 141-143; hisjocosityandwit, 144; should be moderate in imitation, 152; distor- tion of features umvorthy of the, 156; his various kinds of indiscretion, 172, et n. ; his proper mode of aiTanging facts and arguments, 174, et seq.; a popular assembly his most enlarged scene, 182 ; his use of panegyric, 183-185; mem- ory greatly beneficial to, 187; should speak Avith perspicuity and gracefulness, 202; compared with the philosopher, 231, 232; first made his appearance in Athens, 269; the principal qualities re- quired, 286 ; three things Avhich he should be able to effect, 315.

Orator and poet, nearly allied, 24.

Orators, opinions of the Academicians on, 26, et seq. ; a Avide distinction between the accomplishments and natural abili- ties of, 199; enumeration of, 199, 200; of antiquity, 207, 208; Cicero's remarks on, 262, et seq. ; the early ones of Ath- ens, 269 ; the Rhodian and Asiatic, 275 ; different styles of, 296; two classes of good ones, 321 ; of the Attic style, 350- 353.

Orators of Greece, very ancient, 274.

Orators of Rome, the early ones, 275, et seq. ; their age and merits, 296, et seq. ; contemporary ones, 314; the leading ones, 322 ; their treatment, 358.

Oratory, on the general study of, 13 ; busi- ness and art of, to be divided into five parts, 40 ; Avriting the best modeler and teacher of, 42; may exist without phi- losophy, 71 ; legal knoAvledge necessary to, 72; a perfect mastery over all the arts not necessary in, 77, 78 ; strokes of Avit and humor useful in, 144, et seq. ; joking in, to be cautiously practiced, 151 ; on the use of the ridiculous in, 153, 155; sorts of jests calculated to excite laughter, 154, 155; punning in, 153- 155 ; peculiar habits to be avoided, 156 ; various kinds of jesting used in, 156, et seq. ; talents applicable to, 171, 172 ; an- cient professors of, 228, 229; metrical harmony to be observed in, 245, 246; the most illiterate are capable of judging of, 250; the various requisites of, 251, et seq. ; considerations of what is the most becoming, 255; importance of delivery, 255 ; almost peculiar to Athens, 274 ; on the effects of, 31T, 318. See Eloquence and Speaking.

Orbius, P., remarks on, 313.

Oresta, L. and C. A., the Roman orators, 288.

Origines," a work written by Marcus Cato, 68.

Osella, remarks on, 313.

Pacuvius, passage from the play of, 126, n. Pcean and Munio., explanation of, 78, n. Painters of Greece, 281.

376

INDEX.

Painting, a single art, though possessing different styles, 199.

Palicanus, the orator, 328.

Pamphilus, notices of, 215, et n.

Panegyric, the ornaments and delivery of, 94; use of, in oratory, 183-185.

Papirius, L. , eloquence of, 810.

Parallel cases, arguments to he drawn from, 130.

Particulars, arguments to he drawn from, 129.

Passions, the power of the orator consists in exciting them, 19 ; the art of influ encing the, 66; moving of the, 133, et seq. ; to he called into action, 141, et seq. ; excitement of the, an essential part of oratory, 141, 142.

Patroni causarum, 58, n.

Paulus, L., the orator, 283.

Pennus, M., the orator, 293.

Percussions, metrical, 245, et n.

Pericles, the hest orator in Athens, 65; his compositions, 108, et n. ; his eloquence, 231, 269 ; how it was acquired, 273.

Period, the largest compass of a, 245.

Periods, conclusions of, to be carefully studied, 249.

Peripatetics, the, 17 ; founded by Aristotle, 209 ; discipline of the, 296.

Persius, 89 ; a man of letters, 290.

Persuasion, the business of an orator, 40; most useful to him, 80; the chief olDJect to be effected, 277, 278.

Phalereus, the orator, 271.

Pherecydes, the historian, 06.

Philippus, the consul, 12.

Philippus, L., orations of, 192; notices of, 309, 315; his varied talents, 311, 312.

Philistus, the historian, 97; writings of, 108, et n.

Philo, the architect, 22; the philosopher of Athens, 224, 358.

Philolaus, acquirements of, 232.

Philosopher, who deserves the appellation, 63; compared with the orator, 233.

Philosophers, various sorts of, 289 ; of Ath ens, 223 ; their teaching, 296.

Philosophy, the parent of all the arts, 8; ethical philosophy may be mastered by the orator, 23 ; the wisdom derived from, 27; must be studied by the orator, 66, 67; never despised by the Romans, 125; knowledge in the arts and sciences so denominated, 209; principles of, 214; moral philosophy derived its birth from Socrates, 270.

Philus, L. F., a correct speaker, 292.

Phormio, the Peripatetic, Hannibal's opin- ion of, 102, 103.

• i;<r<Kot, natural philosophers, 65.

Pictor, the historian, 96.

Pinarius, jest on, 161.

Pisistratus, learning of, 231; oratory of, 269, 271.

Piso, the historian, 96.

Piso, C, high character of, 345.

Piso, L., the tribune, 291; j

pleader, 292. Piso, M. , the peripatetic Staseas, 32 ; his

great erudition, 333, notices of, 335. Pity, feelings of, 141, 142. Plato, the Gorgias of, 18 ; saying of, 198 ;

the ancient school of, 209 ; the instructor

of Dion, 232 ; statue of, 268 ; richness of

his style, 296 ; anecdote of, 317. Plautus, death of, 278. Plays on ambiguous words extremely in- genious, 156. Pleading, impassioned manner of, 140 ; the

strong points of a cause to be taken, 169 ;

manner of, to be adopted, 170. Pleasure assumes a particular tone of the

voice, 258. Poet, must possess ardor of imagination,

136. Pobts, the small number who have risen to

eminence, 8; must be studied by the

orator, 44; have the nearest affinity to

orators, 24, 199. Poisoning, charges of, 112. Polycletus, the Greek sculptor, 101, 281. Polygnotus, the Greek painter, 281. Pompeius, C., remarks on, 334. Pompeius, C. and S. , remarks on, 312. Pompeius, Q., the orator, 289; remarks on,

335. Pompeius, S., the philosopher, 23, 214. Pompey and Crassus, second consulship

of, 5. Pompilius, M., a man of abilities, 276. Pomponius, the orator, 206 ; his conference

with Cicero on eminent orators, 264. See

Atticus. Pontidius, M., notice of, 336, Popilia, 94. Popilius, P. and C, the Roman orators,

288. Popular Assembly, the most enlarged scene

of action for an orator, 182. Porcina, M., 16. Postumius, T., remarks on, 344. '^Prseco actionum," an instructor of forms,

72, et n. Pragmatic!, pleaders' assistants, 58, et w.,

78. Proof, two kinds of matter for the purpose

of, 114. Protagoras, the rhetorician, 269 ; an essay- ist, 274. Protogenes, the Greek painter, 281. Proverbs may be applied in oratory, 158. Publius, a common prsenomen among the

Romans; see passim. Publius Africanus, 63, 125, 284. Publius, C, saying of, 163. Punning, anecdotes of, 153-155. Pyrrhonians, sect of, 209. Pythagoras, 232. Pythagoreans, the, 16 ; Italy formerly full

of, 125.

" Quasi dedita opeea," remarks on, 28, n.

INDEX.

377

Questions to be employed in controversy,

223, et seq. Quintius, L., the orator, 328. Quintus Marcius Rex, IIT, et n,

Rantees of Rome, 314.

Reatinus, L. O., remarks on, 335.

Rebuke, severity of, 182, 183.

Repartees, 159, 160.

Reproof must be treated with eloquence,

96 ; familiar reproof often amusing, 166.

Respondendi de jure, the custom, 59, n.

Rhetoric, masters of, 20 ; books of, 20 ; on the study of, 12T, 128; Latin teachers of, 219.

Rhetoricians, 27, 28; their mode of reason- ing, 224; of Athens, 269; their mode of teaching, 269 ; opposed by Socrates, 270.

Rhythm and harmony essential in oratory, 192, 207.

Ridicule, 165.

Ridiculous, what are the several kinds of the, 150; in things, 152; in words, 153; sometimes slides into scurrility, 153 ; not always wit, 155.

Roman language, its purity corrupted by strangers, 340, 341.

Rome, early orators of, 275, et seq.; ora- tors contemporary with Cato, 282; on the age and merits of the orators of, 296, et seq.; contemporary orators of, 314; their treatment, 358 ; overthrow of the commonwealth of, 366.

Romulus, 15.

Roscius, the Roman actor, 37, 77, 78 ; his perfection in acting, 38, 221; his judg- ment of action, 149.

Rufius, C, remarks on, 341; his speech, 341.

Rufus, his discourse on the passions, etc., 140, et seq. ; on strokes of wit and hu mor, 144-147.

Rules of art not necessary in the eloquence of common things, 96.

Rusca, M. P., jesting of, 159.

Rusticellus, C, remarks on, 310,

Ruta, meaning of, 147, n.

Rutilius, 53; his high character, 6S., 69; sent into exile, 69, n. ; anecdote of, 165; his qualities as an orator, 285, 286, 293, 294.

Sackamento, explained, 16, n,

Salinator, L., jest on, 163.

Sannio, why so called, 155, w.

Sayings, called Dicta, 146.

Scaevola, the pontiff, 46, n.

Scsevola, P., 49, et n. ; his acuteness, 292.

Scsevola, Q., the tribune, 46, n., 47, n., 325; one of the orators of Cicero's Dia- logues, 5, 12, et seq. ; his great learning, 53 ; accusation against, 166, et n. ; an able civilian, 303 ; his merits as an ora- tor, 304; pleadings of, 318.

Scaurus, witty reproof of, 165, 166; his oratory, 293, 294, 300.

Science necessary to the orator, 213.

Sciences, a knowledge of, essential to ora- tory, 55; extent of the, not to be dread- ed, 218; their grandeur diminished by the distribution of their parts, 229 ; com- prehended by certain distinguished in- dividuals 230, 231.

Scipio the elder, jesting of, 160.

Scipio, Lucius, remarks on, 312.

Scipio, P., the Roman orator, 283; notices of, 298 ; called the darling of the people, o25.

Scopas, anecdote of, 186.

Scribonius, L., 68.

Sculptors of Greece, 280, 281.

Sculpture, a single art, though possessing different styles, 199.

Sempronii, T. and C, 15.

Sempronius, A., 154.

Senate of Rome, its usages should be known to the orator, 44.

Septumuleius, jest on, 162.

Sergius aurata, 52.

Sertorius, Q., remarks on, 314.

Service, law of, 52, et n,

Servilius, jesting of, 159, 160; notices of, 345.

Servius TuUius, 15.

Sextantis, non esse, a punning expression, 157, et n.

Sextius, C, joke on, 153.

Ship, arrangement and art of a, 245.

Sicilians, their first attempts to write pre- cepts on the art of speaking, 273, 274.

Sicinius, Caius, a speaker of some reputa- tion, 342.

Sicinius, Gn., jest of, 326.

Silanus, D., remarks on, 335.

Silanus, M., remarks on, 300.

Similarity, arguments to be drawn from, 129.

Similes, not to be too far-fetched, 239.

Similitudes, jests derived from, 161.

Simonides, of Ceos, inventor of the art of memory, 186.

Sisenna, his qualifications as an orator, 330, 341.

Smart sayings, 155.

Socrates, his Phsedrus of Plato, 12; say- ings of, 22, 61; his defense before his judges, 70 ; condemned through want of skill in speaking, 71; his ironical wit, 162, 353; his great genius and varied conversation, 209 ; various sects of phi- losophers who followed him, 209; op- posed to the rhetoricians, 270.

Solon, oratory of, 269.

Sounds, harmony of, 250.

Speaking, many persons admirable in ev- ery thing but this, 7, 8; the general study of, 9 ; it is noble to affect assem- blies of men by, 13, 14; who may be considered a good speaker, 29; what is the art of, 33; a mere difference about the word, 33; nature and genius the great ends of, 34; men by speaking bad-

878

INDEX,

ly become bad speakers, 42; the correct order of, 63; the whole success of, de- pends on three things, 114; three things requisite for finding argument, 123 ; on receiving instructions in the art of, 128; the hearer should be favorable to the speaker, 131; morals and principles of the speaker to merit esteem, 132 ; fashion

- of, to be varied, 182 ; different peculiar- ities of, 200, 201 ; ancient masters in the art of, 228 ; various requisites in the art of, 251, et seq. ; first attempts of the Si- cilians to write precepts on the art of, 273, 214 ; art of, studied beyond the lim- its of Greece, 275. See Eloquence and Oratory.

Speech, costume of, 41; requisites for a, 219, 220.

Speeches, mode of arranging, 1T4, et seq. ; exordium of, 177, 178; narration, 179; statement of facts, 180 ; less display re- quired before the senate than the people, 181 ; on the treatment of different sub- jects, 181, et seq. ; use of panegyric in, 183, 184; the most ornate which spread over the widest field, 226.

Spoletinus, P. C, notices of, 345.

Spondalia, remarks on the word, 136.

Sputatilica, observations on the word, 341, et n.

Stabbing, charges of, 112.

Stajenus, C, remarks on, 335.

State, interests of the, should be learned by the orator, 45.

Stillicidia, law of, 50.

Stirps and gens, legal difference, 51.

Stoics, the, 17; Antisthenes their founder, 209; their doctrine, 210; language of the, 296.

Style in speaking, every age has produced a peculiar one, 107, 108, 109; metrical harmony of, 192, 247, 248; to be orna- mented with a tasteful choice of words, 192, 207, et seq. ; a well-adjusted one established in Athens, 269.

Styles of the Greek orators, 295, 296.

Subjects of inquiry, the various modes of treating, 224, 225.

Sulpicius, C, the Roman orator, 283.

Sulpicius, P. , one of the personages of Cice- ro's Dialogues, 5, et seq. ; his first ap- pearance in the forum, 106; his great improvement in oratory, 107 ; death of, 195; his faults of pronunciation, 205; remarks on, 304, 321, 3-32.

Symbols, use of. in artificial memory, 188.

Tauimsous, saying of, 259.

'•'•Tempora," explanation of, 49, n.

Tennis, playing at, 24.

Thales, wisdom of, 231.

Themistocles, his memory, 171, 172; elo- quence of, 269 ; an orator, 272 ; death of, 272.

Theodorus, a writer of orations, 274.

Theophrastus, 17, 18, 20; his thought on style, 247 ; erudition of, 271 ; his sweet- ness of style, 296 ; anecdote of, 311.

Theopompus, the historian, 97.

Theramenes, writings of, 108, et n. ; elo- quence of, 269.

Thesis, explanation of, 246, n.

Thorius, S., remarks on, 301.

Thrasymachus, the rhetorician, 269.

Thucydides, his excellence as a historian, 97.

Timseus, the historian, 98.

Timanthes, the Greek painter, 281.

Timidity, natural to the orator, 35-37.

Timotheus, talents of, 232.

Tineas, T., anecdote of, 311.

Tisias, 29.

Titius, C, remarks on, 309, 310.

Titius, S., 95, 156; remarks on, 329.

Tones of the voice, 256, 257.

Tongue, exercise of the, 44.

Torquatus, L., remarks on, 334; notices of, 343.

Torquatus, T., notices of, 336.

••' Tragoediis suis," explanation of, GQ.

Treason, the law of, 112, 113.

Treaties and conventions should be familiar to the orator, 44.

Trees, harmony and beauty of, 244.

Trials, on the conducting of, 112, et seq.

Triarius, notices of, 343.

Trifling jests, 164.

Trinummus, the, 93.

Trouble gives a particular tone to the voice, 258.

Truth has the advantage over imitation, 256.

Tubero, Q. JE., the orator, 295.

Tuditanus, C, the orator, 288.

Turius, L., remarks on, 3.34.

Tutor, the old mimic, 159.

Twelve Tables, laws of the, 47, 57.

Untvekse, harmony and beauty of the, 244.

Valeeii, Q. and D., remarks on, 310. Valerius, L., oratory of, 276. Valerius, M., the dictator, 276. Valerius, Q., the most learned of all the

Latins, 204. Vargula, witticism of, 153, 154. Varian law, the, 322. Varius, Q., remarks on, 328. Varro, the historian, 278; remarks on,

310 ; erudition of, 322, 343. Varus, P. L., witty saying of, 155. Velina, remarks on, 313. Velleius, C, the philosopher, 214. Velocius, Q., master of the gladiators,

217. Verrucosus, Q. M., a good speaker, 277. Verses often humorously introduced, 158. Vespa, T., 156. ^^ Veste," meaning of, 45, n. Vettius, Q., remarks on, 310.

INDEX.

379

Vigellius, M., the Stoic, 214.

Violence assumes a particular tone of voice, 257.

Virgilius, M., remarks on, 313.

Virtues, he who is eloquent possesses all the, 27 ; different kinds of, 184 ; a knowl- edge of, necessary to the orator, 185.

Vispillo, Q. L., remarks on, 313.

Voice, exercise of the, 44; a certain tone of, to be cultivated, 204; tones of the, like musical chords, 256, 257; contrib- utes most to effectiveness in delivery, 259; a pitch-pipe used for regulating the, 260.

Will, a disputed case of, 52, 53 ; pleadings

in the case of a, 318, 319. Wisdom, derived from philosophy, 27 ; the

power of eloquence so denominated, 207. Wise men of Greece, the seven, 231.

Wit, strokes of, 144; art has no concern with, 149 ; consists in the thought, 156.

Wit and humor, strokes of, useful in ora- tory, 144, et seq.

Witticisms. See Jests.

Words without sense valueless, 19; on the choice and arrangement of, 219; proper and improper, on the use of, 235 ; meta- phorically used, 236, 237; composition, collocation, and modulation of, 242, et seq.

Writing, controversies respecting the in- terpretation of, 40 ; the best modeler and teacher of oratoiy, 42 ; contests respect- ing the interpretation of, 113, 114.

Xenocrates, the founder of the Academy,

209. Xenophon, the historian, 98.

Zeuxis, the Greek painter, 281.

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