2.18. Since, however, general questions are always more important than special (for the particular is contained in the universal, while the universal is never to be regarded as something superimposed on the particular), everyone will readily admit that the studies of which we are speaking are pre-eminently concerned with general questions.
2.18. sit autem omnis generalis quaestio speciali potentior, quia universo pars continetur, non utique accedit parti quod universum est, profecto nemo dubitabit, generales quaestiones in illo maxime studiorum more versatas.
2.19. Further, since there are numerous points which require to be determined by appropriate and concise definitions (hence the definitive basis of cases), it is surely desirable that the orator should be instructed in such things by those who have devoted special attention to the subject. Again, does not every question of law turn either on the precise meaning of words, the discussion of equity, or conjecture as to the intention—subjects which in part encroach on the domain of dialectic and in part on that of ethics?
2.19. iam vero cum sint multa propriis brevibusque comprehensionibus finienda (unde etiam status causarum dicitur finitiuus), nonne ad id quoque instrui ab iis, qui plus in hoc studii dederunt, oportet?? non quaestio iuris omnis aut verborum proprietate aut aequi disputatione aut voluntatis coniectura continetur? quorum pars ad rationalem, pars ad moralem tractatum redundat.
2.20. Consequently all oratory involves a natural admixture of all these philosophic elements—at least, that is to say, all oratory that is worthy of the name. For mere garrulity that is ignorant of all such learning must needs go astray, since its guides are either non-existent or false. Physics on the other hand is far richer than the other branches of philosophy, if viewed from the standpoint of providing exercise in speaking, in proportion as a loftier inspiration is required to speak of things divine than of things human; and further it includes within its scope the whole of ethics, which as we have shown are essential to the very existence of oratory.
2.20. natura permixta est omnibus istis oratio, quae quidem oratio est vere. ignara quidem huiusce doctrinae loquacitas erret necesse est, ut quae vel nullos vel falsos duces habeat. vero naturalis, cum est ad exercitationem dicendi tanto ceteris uberior, quanto maiore spiritu de divinis rebus quam humanis eloquendum est, tum illam etiam moralem, sine qua nulla esse, ut docuimus, oratio potest, totam complectitur.
2.21. For, if the world is governed by providence, it will certainly be the duty of all good men to bear their part in the administration of the state. If the origin of our souls be divine, we must win our way towards virtue and abjure the service of the lusts of our earthly body. Are not these themes which the orator will frequently be called upon to handle? Again there are questions concerned with auguries and oracles or any other religious topic (all of them subjects that have often given rise to the most important debates in the senate) on which the orator will have to discourse, if he is also to be the statesman we would have him be. And finally, how can we conceive of any real eloquence at all proceeding from a man who is ignorant of all that is best in the world?
2.21. si regitur providentia mundus, administranda certe bonis viris erit res publica; si divina nostris animis origo, tendendum ad virtutem nec voluptatibus terreni corporis serviendum. haec non frequenter tractabit orator? de auguriis, responsis, religione denique omni, de quibus maxima saepe in senatu consilia versata sunt, non erit ei disserendum, si quidem, ut nobis placet, futurus est vir civilis idem? denique intelligi saltem potest eloquentia hominis optima nescientis?
2.22. If our reason did not make these facts obvious, we should still be led by historical examples to believe their truth. For Pericles, whose eloquence, despite the fact that it has left no visible record for posterity, was none the less, if we may believe the historians and that free-speaking tribe, the old comic poets, endowed with almost incredible force, is known to have been a pupil of the physicist Anaxagoras, while Demosthenes, greatest of all the orators of Greece, sat at the feet of Plato.
2.22. si ratione manifesta non essent, exemplis tamen crederemus. et Periclem, cuius eloquentiae, etiamsi nulla ad nos monumenta venerunt, vim tamen quandam incredibilem cum historici, tum etiam, liberrimum hominum genus, comici veteres tradunt, Anaxagorae physici constat auditorem fuisse, et Demosthenem, principem omnium Graeciae oratorum, dedisse operam Platoni.
2.23. As for Cicero, he has often proclaimed the fact that he owed less to the schools of rhetoric than to the walks of Academe: nor would he ever have developed such amazing fertility of talent, had he bounded his genius by the limits of the forum and not by the frontiers of nature herself. But this leads me to another question as to which school of philosophy is like to prove of most service to oratory, although there are only a few that can be said to contend for this honour.
2.23. M. Tullius, non tantum se debere scholis rhetorum, quantum Academiae spatiis, frequenter ipse testatus est; neque se tanta in eo unquam fudisset ubertas, si ingenium suum consaepto fori, non ipsius rerum naturae finibus terminasset. ex hoc alia mihi quaestio exoritur, quae secta conferre plurimum eloquentiae possit, quanquam ea non inter multas potest esse contentio.
2.24. For in the first place Epicurus banishes us from his presence without more ado, since he bids all his followers to fly from learning in the swiftest ship that they can find. Nor would Aristippus, who regards the highest good as consisting in physical pleasure, be likely to exhort us to the toils entailed by our study. And what part can Pyrrho have in the work that is before us? For he will have doubts as to whether there exist judges to address, accused to defend, or a senate where he can be called upon to speak his opinion.
2.24. in primis nos Epicurus a se ipse dimittit, qui fugere omnem disciplinam navigatione quam velocissima iubet. vero Aristippus, summum in voluptate corporis bonum ponens, ad hunc nos laborem hortetur. Pyrrhon quidem quas in hoc opere habere partes potest? cui iudices esse, apud quos verba faciat, et reum, pro quo loquatur, et senatum, in quo sit dicenda sententia, non liquebit.
2.25. Some authorities hold that the Academy will be the most useful school, on the ground that its habit of disputing on both sides of a question approaches most nearly to the actual practice of the courts. And by way of proof they add the fact that this school has produced speakers highly renowned for their eloquence. The Peripatetics also make it their boast that they have a form of study which is near akin to oratory. For it was with them in the main that originated the practice of declaiming on general questions by way of exercise. The Stoics, though driven to admit that, generally speaking, their teachers have been deficient both in fullness and charm of eloquence, still contend that no men can prove more acutely or draw conclusions with greater subtlety than themselves.
2.25. Academiam quidam utilissimam credunt, quod mos in utramque partem disserendi ad exercitationem forensium causarum proxime accedat. loco probationis, quod ea praestantissimos in eloquentia viros ediderit. Peripatetici studio quoque se quodam oratorio iactant; nam theses dicere exercitationis gratia fere est ab iis institutum. Stoici, sicut copiam nitoremque eloquentiae fere praeceptoribus suis defuisse concedant necesse est, ita nullos aut probare acrius aut concludere subtilius contendunt.
2.26. But all these arguments take place within their own circle, for, as though they were tied by some solemn oath or held fast in the bonds of some superstitious belief, they consider that it is a crime to abandon a conviction once formed. On the other hand, there is no need for an orator to swear allegiance to any one philosophic code.
2.26. haec inter ipsos, qui velut sacramento rogati vel etiam superstitione constricti nefas ducunt a suscepta semel persuasione discedere. vero nihil est necesse in cuiusquam iurare leges.
2.27. For lie has a greater and nobler aim, to which he directs all his efforts with as much zeal as if he were a candidate for office, since he is to be made perfect not only in the glory of a virtuous life, but in that of eloquence as well. He will consequently select as his models of eloquence all the greatest masters of oratory, and will choose the noblest precepts and the most direct road to virtue as the means for the formation of an upright character. He will neglect no form of exercise, but will devote special attention to those which are of the highest and fairest nature.
2.27. enim est opus atque praestantius, ad quod ipse tendit, et cuius est velut candidatus, si quidem est futurus cum vitae, tum etiam eloquentiae laude perfectus. in exemplum bene dicendi facundissimum quemque proponet sibi ad imitandum, moribus vero formandis quam honestissima praecepta rectissimamque ad virtutem viam deliget. quidem utetur omni, sed tamen erit plurimus in maximis quibusque ac natura pulcherrimis.
2.28. For what subject can be found more fully adapted to a rich and weighty eloquence than the topics of virtue, politics, providence, the origin of the soul and friendship? The themes which tend to elevate mind and language alike are questions such as what things are truly good, what means there are of assuaging fear, restraining the passions and lifting us and the soul that came from heaven clear of the delusions of the common herd.
2.28. quae potest materia reperiri ad graviter copioseque dicendum magis abundans quam de virtute, de re publica, de providentia, de origine animorum, de amicitia? sunt, quibus mens pariter atque oratio insurgat, quae vere bona, quid mitiget metus, coerceat cupiditates, eximat nos opinionibus vulgi animumque caelestem erigat.
2.29. But it is desirable that we should not restrict our study to the precepts of philosophy alone. It is still more important that we should know and ponder continually all the noblest sayings and deeds that have been handed down to us from ancient times. And assuredly we shall nowhere find a larger or more remarkable store of these than in the records of our own country.
2.29. ea solum, quae talibus disciplinis continentur, sed magis etiam, quae sunt tradita antiquitus dicta ac facta praeclare, et nosse et animo semper agitare conveniet. profecto nusquam plura maioraque quam in nostrae civitatis monumentis reperientur.
2.30. Who will teach courage, justice, loyalty, self-control, simplicity, and contempt of grief and pain better than men like Fabricius, Curius, Regulus, Decius, Mucius and countless others? For if the Greeks bear away the palm for moral precepts, Rome can produce more striking examples of moral performance, which is a far greater thing.
2.30. fortitudinem, iustitiam, fidem, continentiam, frugalitatem, contemptum doloris ac mortis melius alii docebunt quam Fabricii, Curii, Reguli, Decii, Mucii aliique innumerabiles? enim Graeci praeceptis valent, tantum Romani, quod est maius, exemplis.
2.31. But the man who does not believe that it is enough to fix his eyes merely on his own age and his own transitory life, but regards the space allotted for an honourable life and the course in which glory's race is run as conditioned solely by the memory of posterity, will not rest content with a mere knowledge of the events of history. No, it is from the thought of posterity that he must inspire his soul with justice and derive that freedom of spirit which it is his duty to display when he pleads in the courts or gives counsel in the senate. No man will ever be the consummate orator of whom we are in quest unless he has both the knowledge and the courage to speak in accordance with the promptings of honour.
2.31. quod non cognitis ille rebus adquieverit, qui non modo proximum tempus lucemque praesentem intueri satis credat, sed omnem posteritatis memoriam spatium vitae honestae et curriculum laudis existimet. mihi ille iustitiae haustus bibat, hinc sumptam libertatem in causis atque consiliis praestet. erit perfectus orator, nisi qui honeste dicere et sciet et audebit.
3.1. III. Our orator will also require a knowledge of civil law and of the custom and religion of the state in whose life he is to bear his part. For how will he be able to advise either in public or in private, if he is ignorant of all the main elements that go to make the state? How can he truthfully call himself an advocate if he has to go to others to acquire that knowledge which is all-important in the courts? He will be little better than if he were a reciter of the poets.
3.1. quoque civilis necessaria huic viro scientia est et morum ac religionum eius rei publicae, quam capesset. qualis esse suasor in consiliis publicis privatisve poterit tot rerum, quibus praecipue civitas continetur, ignarus? autem modo patronum se causarum non falso dixerit, qui, quod est in causis potentissimum, sit ab altero petiturus, paene non dissimilis iis, qui poetarum scripta pronuntiant?
3.2. For he will be a mere transmitter of the instructions that others have given him, it will be on the authority of others that he propounds what he asks the judge to believe, and he whose duty it is to succour the litigant will himself be in need of succour. It is true that at times this may be effected with but little inconvenience, if what he advances for the edification of the judge has been taught him and composed in the seclusion of his study and learnt by heart there like other elements of the case. But what will he do, when he is confronted by unexpected problems such as frequently arise in the actual course of pleading? Will he not disgrace himself by looking round and asking the junior counsel who sit on the benches behind him for advice?
3.2. quodammodo mandata perferet, et ea, quae sibi a iudice credi postulaturus est, aliena fide dicet, et ipse litigantium auxiliator egebit auxilio. ut fieri nonnunquam minore incommodo possit, cum domi praecepta et composita et sicut cetera, quae in causa sunt, inde discendo cognita ad iudicem perfert, quid fiet in iis quaestionibus, quae subito inter ipsas actiones nasci solent? non deformiter respectet et inter subsellia minores advocatos interroget?
3.3. Can lie hope to get a thorough grasp of such information at the very moment when he is required to produce it in his speech? Can he make his assertions with confidence or speak with native simplicity as though his arguments were his own? Grant that he may do so in his actual speech. But what will he do in a debate, when he has continually to meet fresh points raised by his opponent and is given no time to learn up his case? What will do, if he has no legal expert to advise him or if his prompter through insufficient knowledge of the subject provides him with information that is false? It is the most serious drawback of such ignorance, that he will always believe that his adviser knows what he is talking about.
3.3. autem satis diligenter accipere, quae tum audiet, cum ei dicenda sunt, aut fortiter adfirmare aut ingenue pro suis dicere? in actionibus: quid fiet in altercatione, ubi occurrendum continuo, nec libera ad discendum mora est? Quid, si forte peritus iuris ille non aderit?, si quis non satis in ea re doctus falsum aliquid subiecerit? enim est maximum ignorantiae malum, quod credit eum scire qui moneat.
3.4. I am not ignorant of the generally prevailing custom, nor have I forgotten those who sit by our store-chests and provide weapons for the pleader: I know too that the Greeks did likewise: hence the name of pragmaticus which was bestowed on such persons. But I am speaking of an orator, who owes it as a duty to his case to serve it not merely by the loudness of his voice, but by all other means that may be of assistance to it.
3.4. ego sum nostri moris ignarus oblitusve eorum, qui velut ad arculas sedent et tela agentibus subministrant, neque idem Graecos quoque nescio factitasse, unde nomen his pragmaticorum datum est. loquor de oratore, qui non clamorem modo suum causis, sed omnia, quae profutura sunt, debet.
3.5. Consequently I do not wish my orator to be helpless, if it so chance that he puts in an appearance for the preliminary proceedings to which the hour before the commencement of the trial is allotted, or to be unskilful in the preparation and production of evidence. For who, sooner than himself, should prepare the points which he wishes to be brought out when he is pleading? You might as well suppose that the qualifications of a successful general consist merely in courage and energy in the field of battle and skill in meeting all the demands of actual conflict, while suffering him to be ignorant of the methods of levying troops, mustering and equipping his forces, arranging for supplies or selecting a suitable position for his camp, despite the fact that preparation for war is an essential preliminary for its successful conduct.
3.5. eum nec inutilem, si ad horam forte constiterit, neque in testationibus faciendis esse imperitum velim. enim potius praeparabit ea quae, cum aget, esse in causa velit? forte imperatorem quis idoneum credit in proeliis quidem strenuum et fortem et omnium, quae pugna poscit, artificem, sed neque delectus agere nec copias contrahere atque instruere nec prospicere commeatus nec locum capere castris scientem; prius est enim certe parare bella quam gerere.
3.6. And yet such a general would bear a very close resemblance to the advocate who leaves much of the detail that is necessary for success to the care of others, more especially in view of the fact that this, the most necessary element in the management of a case, is not as difficult as it may perhaps seem to outside observers. For every point of law, which is certain, is based either on written law or accepted custom: if, on the other hand, the point is doubtful, it must be examined in the light of equity.
3.6. simillimus huic sit advocatus, si plura, quae ad vincendum valent, aliis reliquerit, cum praesertim hoc, quod est maxime necessarium, nec tam sit arduum, quam procul intuentibus fortasse videatur. omne ius, quod est certum, aut scripto aut moribus constat; dubium aequitatis regula examinandum est.
3.7. Laws which are either written or founded on accepted custom present no difficulty, since they call merely for knowledge and make no demand on the imagination. On the other hand, the points explained in the rulings of the legal experts turn either on the interpretation of words or on the distinction between right and wrong. To understand the meaning of each word is either common to all sensible men or the special possession of the orator, while the demands of equity are known to every good man.
3.7. scripta sunt aut posita in more civitatis, nullam habent difficultatem, cognitionis sunt enim, non inventionis; at quae consultorum responsis explicantur, aut in uerborum interpretatione sunt posita aut in recti pravique discrimine. cuiusque vocis intelligere aut commune prudentium est aut proprium oratoris; aequitas optimo cuique notissima.
3.8. Now I regard the orator above all as being a man of virtue and good sense, who will not be seriously troubled, after having devoted himself to the study of that which is excellent by nature, if some legal expert disagrees with him; for even they are allowed to disagree among themselves. But if he further wishes to know the views of everyone, he will require to read, and reading is the least laborious of' all the tasks that fall to the student's lot.
3.8. porro et bonum virum et prudentem in primis oratorem putamus, qui cum se ad id, quod est optimum natura, direxerit, non magnopere commovebitur, si quis ab eo consultus dissentiet; cum ipsis illis diversas inter se opiniones tueri concessum sit. etiam, si nosse, quid quisque senserit, volet, lectionis opus est, qua nihil est in studiis minus laboriosum.
3.9. Moreover, if the class of legal experts is as a rule drawn from those who, in despair of making successful pleaders, have taken refuge with the law, how easy it must be for an orator to know what those succeed in learning, who by their own confession are incapable of becoming orators! But Marcus Cato was at once a great orator and an expert lawyer, while Scaevola and Servius Sulpicius were universally allowed to be eloquent as well.
3.9. plerique, desperata facultate agendi, ad discendum ius declinaverunt, quam id scire facile est oratori, quod discunt qui sua quoque confessione oratores esse non possunt? et M. Cato cum in dicendo praestantissimus, tum iuris idem fuit peritissimus, et Scaevolae Servioque Sulpicio concessa est etiam facundiae virtus.
3.10. And Cicero not merely possessed a sufficient supply of legal knowledge to serve his needs when pleading, but actually began to write on the subject, so that it is clear that an orator has not merely time to learn, but even to teach the law.
3.10. M. Tullius non modo inter agendum nunquam est destitutus scientia iuris, sed etiam componere aliqua de eo coeperat, ut appareat posse oratorem non discendo tantum iuri vacare, sed etiam docendo.
3.11. Let no one, however, regard the advice I have given as to the attention due to the development of character and the study of the law as being impugned by the fact that we are familiar with many who, because they were weary of the toil entailed on those who seek to scale the heights of eloquence, have betaken themselves to the study of law as a refuge for their indolence. Some of these transfer their attention to the praetor's edicts or the civil law, and have preferred to become specialists in formulae, or legalists, as Cicero calls them, on the pretext of choosing a more useful branch of study, whereas their real motive was its comparative easiness.
3.11. ea, quae de moribus excolendis studioque iuris praecipimus, ne quis eo credat reprehendenda, quod multos cognovimus, qui taedio laboris, quem ferre tendentibus ad eloquentiam necesse est, confugerint ad haec deverticula desidiae. alii se ad album ac rubricas transtulerunt et formularii vel, ut Cicero ait, leguleii quidam esse maluerunt, tanquam utiliora eligentes ea, quorum solam facilitatem sequebantur;
3.12. Others are the victims of a more arrogant form of sloth; they assume a stern air and let their beards grow, and, as though despising the precepts of oratory, sit for a while in the schools of the philosophers, that, by an assumption of a severe mien before the public gaze and by an affected contempt of others they may assert their moral superiority, while leading a life of debauchery at home. For philosophy may be counterfeited, but eloquence never.
3.12. alii pigritiae arrogantioris, qui subito fronte conficta immissaque barba, veluti despexissent oratoria praecepta, paulum aliquid sederunt in scholis philosophorum, ut deinde in publico tristes, domi dissoluti captarent auctoritatem contemptu ceterorum. enim simulari potest, eloquentia non potest.
4.1. Above all, our orator should be equipped with a rich store of examples both old and new: and he ought not merely to know those which are recorded in history or transmitted by oral tradition or occur from day to day, but should not neglect even those fictitious examples invented by the great poets.
4.1. primis vero abundare debet orator exemplorum copia cum veterum, tum etiam novorum, adeo ut non ea modo, quae conscripta sunt historiis aut sermonibus velut per manus tradita, quaeque cotidie aguntur, debeat nosse, verum ne ea quidem, quae sunt a clarioribus poetis ficta, negligere.
4.2. For while the former have the authority of evidence or even of legal decisions, the latter also either have the warrant of antiquity or are regarded as having been invented by great men to serve as lessons to the world. He should therefore be acquainted with as many examples as possible. It is this which gives old age so much authority, since the old are believed to have a larger store of knowledge and experience, as Homer so frequently bears witness. But we must not wait till the evening of our days, since study has this advantage that, as far as knowledge of facts is concerned, it is capable of giving the impression that we have lived in ages long gone by.
4.2. illa quidem priora aut testimoniorum aut etiam iudicatorum obtinent locum, sed haec quoque aut vetustatis fide tuta sunt aut ab hominibus magnis praeceptorum loco ficta creduntur. ergo quam plurima; unde etiam senibus auctoritas maior est, quod plura nosse et vidisse creduntur, quod Homerus frequentissime testatur. non est exspectanda ultima aetas, cum studia praestent ut, quantum ad cognitionem pertinet rerum, etiam praeteritis saeculis vixisse videamur.
5.1. Such are the instruments of which I promised to give account, the instruments, that is, not merely of the art, as some have held, but of the orator himself. These are the weapons that he should have ready to his hand, this the knowledge with which he must be equipped, while it must be supplemented by a ready store of words and figures, power of imagination, skill in arrangement, retentiveness of memory and grace of delivery. But of all these qualities the highest is that loftiness of soul which fear cannot dismay nor uproar terrify nor the authority of the audience fetter further than the respect which is their due.
5.1. sunt, quae me redditurum promiseram, instrumenta non artis, ut quidam putaverunt, sed ipsius oratoris. arma habere ad manum, horum scientia debet esse succinctus, accedente verborum figurarumque facili copia et inventionis ratione et disponendi usu et memoriae firmitate et actionis gratia. plurimum ex his valet animi praestantia, quam nec metus frangat nec adclamatio terreat nec audientium auctoritas ultra debitam reverentiam tardet.
5.2. For although the vices which are its opposites, such as arrogance, temerity, impudence and presumption, are all positively obnoxious, still without constancy, confidence and courage, art, study and proficiency will be of no avail. You might as well put weapons into the hands of the unwarlike and the coward. It is indeed with some reluctance, as it may give rise to misunderstanding, that I say that even modesty (which, though a fault in itself, is an amiable failing which may easily be the mother of virtues) is on occasion an impediment and has frequently caused the fruits of genius and study to consume away in the mildew of obscurity merely because they have never been displayed to the public day.
5.2. ut abominanda sunt contraria his vitia confidentiae, temeritatis, improbitatis, arrogantiae, ita citra constantiam, fiduciam, fortitudinem nihil ars, nihil studium, nihil profectus ipse profuerit, ut si des arma timidis et imbellibus. mehercule dico, quoniam et aliter accipi potest, ipsam verecundiam, vitium quidem, sed amabile et quae virtutes facillime generet, esse interim adversam, multisque in causa fuisse, ut bona ingenii studiique in lucem non prolata situ quodam secreti consumerentur.
5.3. But in case any of my readers should still lack skill to distinguish the precise meaning of each word, I would have him know that it is not honest shame that is the object of my criticism, but that excess of modesty which is really a form of fear deterring the soul from doing what is its duty to do, and resulting in confusion of mind, regret that our task was ever begun, and sudden silence. For who can hesitate to give the name of fault to a feeling that makes a man ashamed to do what is right?
5.3. autem, si quis haec forte minus adhuc peritus distinguendi vim cuiusque verbi leget, non probitatem a me reprehendi, sed verecundiam, quae est timor quidam reducens animum ab iis quae facienda sunt; inde confusio et coepti paenitentia et subitum silentium. porro dubitet vitiis adscribere adfectum, propter quem facere honeste pudet?
5.4. On the other hand, I am not unwilling that the man who has got to make a speech should show signs of nervousness when he rises to his feet, should change colour and make it clear that he feels the risks of his position: indeed, if these symptoms do not occur naturally, it will be necessary to simulate them. But the feeling that stirs us should be due to the realisation of the magnitude of our task and not to fear: we should be moved, but not to the extent of collapsing. But the best remedy for such excess of modesty is confidence: however great our natural timidity of mien, we shall find strength and support in the consciousness of the nobility of our task.
5.4. ego rursus nolo eum, qui sit dicturus, et sollicitum surgere et colore mutari et periculum intelligere; quae si non accident, etiam simulanda erunt. intellectus hic sit operis, non metus, moveamurque, non concidamus. est autem emendatio verecundiae fiducia, et quamlibet imbecilla frons magna conscientia sustinetur.
5.5. There are also those natural instruments which, as I mentioned above, may be further improved by care, such as voice, lungs and grace of carriage and movement, all of which are of such importance as frequently to give a speaker the reputation for talent. Our own age has had orators of greater resource and power, but Trachalus appeared to stand out above all his contemporaries, when he was speaking. Such was the elect produced by his lofty stature, the fire of his eye, the dignity of his brow, the excellence of his gesture, coupled with a voice which was not almost a tragedian's, as Cicero demands that it should be, but surpassed the voice of all tragedians that I have ever heard.
5.5. et naturalia, ut supra dixi, quae tamen et cura iuvantur, instrumenta, vox, latus, decor; quae quidem tantum valent, ut frequenter famam ingenii faciant. oratores aetas nostra copiosiores, sed, cum diceret, eminere inter aequales Trachalus videbatur. corporis sublimitas erat, is ardor oculorum, frontis auctoritas, gestus praestantia, vox quidem non, ut Cicero desiderat, paene tragoedorum, sed super omnes, quos ego quidem audierim, tragoedos.
5.6. At any rate I remember that, when he was speaking in the Basilica Julia before the first tribunal, and the four panels of judges were assembled as usual and the whole building was full of noise, he could still be heard and understood and applauded from all four tribunals at once, a fact which was not complimentary to the other pleaders. But gifts like these are such as all may pray for and few are happy enough to attain. And if we cannot achieve such fortune, we must even be content to be heard by the court which we are addressing. Such then should the orator be, and such are the things which he should know.
5.6. cum in basilica Iulia diceret primo tribunal, quattuor autem iudicia, ut moris est, cogerentur, atque omnia clamoribus fremerent, et auditum eum et intellectum et, quod agentibus ceteris contumeliosissimum fuit, laudatum quoque ex quattuor tribunalibus memini. hoc votum est et rara felicitas; quae si non adsit, sane sufficiat ab iis, quibus quis dicit, audiri. esse debet orator, haec scire.
6.1. The age at which the orator should begin to plead will of course depend on the development of his strength. I shall not specify it further, since it is clear that Demosthenes pleaded against his guardians while he was still a mere boy, Calvus, Caesar and Pollio all undertook cases of the first importance before they were old enough to be qualified for the quaestorship, others are said to have pleaded while still wearing the garb of boyhood, and Augustus Caesar delivered a funeral oration over his grandmother from the public rostra when he was only twelve years old.
6.1. autem initium sine dubio secundum vires cuiusque sumendum est. ego annos definiam, cum Demosthenen puerum admodum actiones pupillares habuisse manifestum sit, Calvus, Caesar, Pollio multum ante quaestoriam omnes aetatem gravissima iudicia susceperint, praetextatos egisse quosdam sit traditum, Caesar Augustus duodecim natus annos aviam pro rostris laudaverit.
6.2. In my opinion we should aim at a happy mean. The unripe brow of boyhood should not be prematurely robbed of its ingenuous air nor should the young speaker's powers be brought before the public while yet unformed, since such a practice leads to a contempt for study, lays the foundations of impudence and induces a fault which is pernicious in all departments of life, namely, a self-confidence that is not justified by the speaker's resources.
6.2. mihi videtur quidam tenendus, ut neque praepropere destringatur immatura frons et, quidquid est illud adhuc acerbum, proferatur; nam inde et contemptus operis innascitur et fundamenta iaciuntur impudentiae et, quod est ubicunque perniciosissimum, praevenit vires fiducia.
6.3. On the other hand, it is undesirable to postpone the apprenticeship of the bar till old age: for the fear of appearing in public grows daily and the magnitude of the task on which we must venture continually increases and we waste time deliberating when we should begin, till we find it is too late to begin at all. Consequently it is desirable that the fruit of our studies should be brought before the public eye while it is still fresh and sweet, while it may hope for indulgence and be secure of a kindly disposition in the audience, while boldness is not unbecoming and youth compensates for all defects and boyish extravagance is regarded as a sign of natural vigour.
6.3. rursus differendum est tirocinium in senectutem; nam cotidie metus crescit, maiusque fit semper quod ausuri sumus et, dum deliberamus quando incipiendum sit, incipere iam serum est. fructum studiorum viridem et adhuc dulcem promi decet, dum et veniae spes est et paratus favor et audere non dedecet et, si quid desit operi, supplet aetas, et, si qua sunt dicta iuveniliter, pro indole accipiuntur:
6.4. Take for example the whole of the well-known passage from Cicero's defence of Sextus Roscius: “For what is more common than the air to the living, than the earth to the dead, than the sea to mariners or the shore to shipwrecked men?” etc. This passage was delivered at the age of twenty-six amid loud applause from the audience, but in later years he acknowledges that the ferment of youth has died down and his style been clarified with age. And, indeed, however much private study may contribute to success, there is still a peculiar proficiency that the courts alone can give: for there the atmosphere is changed and the reality of the peril puts a different complexion on things, while, if it is impossible to combine the two, practice without theory is more useful than theory without practice. Consequently, some who have grown old in the schools lose their heads when confronted by the novelty of the law courts and wish that it were possible to reproduce all the conditions under which they delivered their exercises.
6.4. ut totus ille Ciceronis pro Sexto Roscio locus: enim tam commune quam spiritus vivis, terra mortuis, mare fluctuantibus, litus eiectis? cum sex et viginti natus annos summis audientium clamoribus dixerit, defervisse tempore et annis liquata iam senior idem fatetur. hercule quantumlibet secreta studia contulerint, est tamen proprius quidam fori profectus, alia lux, alia veri discriminis facies, plusque, si separes, usus sine doctrina quam citra usum doctrina valet.
6.5. But there sits the judge in silence, their opponent bellows at them, no rash utterance passes unnoticed and all assumptions must be proved, the clock cuts short the speech that has been laboriously pieced together at the cost of hours of study both by day and night, and there are certain cases which require simplicity of language and the abandonment of the perpetual bombast of the schools, a fact which these fluent fellows completely fail to realise.
6.5. nonnulli senes in schola facti stupent novitate, cum in iudicia venerunt, et omnia suis exercitationibus similia desiderant. illic et iudex tacet et adversarius obstrepit et nihil temere dictum perit et, si quid tibi ipse sumas, probandum est, et laboratam congestamque dierum ac noctium studio actionem aqua deficit, et omisso magna semper flandi tumore in quibusdam causis loquendum est; quod illi diserti minime sciunt.
6.6. And so you will find some persons who regard themselves as too eloquent to speak in the courts. On the other hand, the man, whom we conducted to the forum while still young and in the charm of immaturity, should begin with as easy and favourable a case as may be (just as the cubs of wild beasts are brought up to start with on softer forms of prey), and should not proceed straight from this commencement to plead case after case without a break, or cause his talents to set and harden while they still require nourishment; on the contrary, as soon as he has come to realise the nature of the conflicts in which he will have to engage and the object to which his studies should be directed, he should take an interval of rest and refreshment. Thus, at an age to which boldness is still natural, he will find it easy to get over the timidity which invariably accompanies the period of apprenticeship, and will not, on the other hand, carry his boldness so far as to lead him to despise the difficulties of his task.
6.6. nonnullos reperias, qui sibi eloquentiores videantur, quam ut causas agant. illum, quem iuvenem tenerisque adhuc viribus nitentem in forum deduximus, et incipere quam maxime facili ac favorabili causa velim, ferarum ut catuli molliore praeda saginantur, et non utique ab hoc initio continuare operam et ingenio adhuc alendo callum inducere, sed iam scientem, quid sit pugna, et in quam rem studendum sit, refici atque renovari.
6.7. This was the method employed by Cicero: for when he had already won a distinguished position at the bar of his day, he took ship to Asia and there studied under a number of professors of philosophy and rhetoric, but above all under Apollonius Molon, whose lectures he had attended at Rome and to whom he now at Rhodes entrusted the refashioning and recasting of his style. It is only when theory and practice are brought into a perfect harmony that the orator reaps the reward of all his study.
6.7. et tirocinii metum, dum facilius est audere, transient, nec audendi facilitate usque ad contemptum operis adduxerit. est hac ratione M. Tullius, et cum iam clarum meruisset inter patronos, qui tum erant, nomen, in Asiam navigavit seque et aliis sine dubio eloquentiae ac sapientiae magistris, sed praecipue tamen Apollonio Moloni, quem Romae quoque audierat, Rhodi rursus formandum ac velut recoquendum dedit. dignum operae pretium venit, cum inter se congruunt praecepta et experimenta.
7.1. When our orator has developed his strength to such a pitch that it is equal to every kind of confact in which he may be called upon to bear his part, his first consideration should be to exercise care in the choice of the cases which he proposes to undertake. A good man will undoubtedly prefer defence to prosecution, but he will not have such a rooted objection to the task of accuser as to disregard his duty towards the state or towards individuals and refuse to call any man to render an account of his way of life. For the laws themselves would be powerless without the assistance of advocates equal to the task of supporting them; and to regard it as a sin to demand the punishment of crime is almost equivalent to the sanctioning of crime, while it is certainly contrary to the interest of the good to give the wicked free leave to work their will.
7.1. satis in omni certamine virium fecerit, prima ei cura in suscipiendis causis erit; in quibus defendere quidem reos profecto quam facere vir bonus malet, non tamen ita nomen ipsum accusatoris horrebit, ut nullo neque publico neque privato duci possit officio, ut aliquem ad reddendam rationem vitae vocet. et leges ipsae nihil valeant, nisi actoris idonea voce munitae; et si poenas scelerum expetere fas non est, prope est ut scelera ipsa permissa sint, et licentiam malis dari certe contra bonos est.
7.2. Therefore, our orator will not suffer the complaints of our allies, the death of friends or kinsmen, or conspiracies that threaten the common weal to go unavenged, while his conduct will be governed not by a passion to secure the punishment of the guilty, but by the desire to correct vice and reform morals. For fear is the only means of restraining those who cannot be led to better ways by the voice of reason.
7.2. neque sociorum querelas nec amici vel propinqui necem nec erupturas in rem publicam conspirationes inultas patietur orator, non poenae nocentium cupidus, sed emendandi vitia corrigendique mores. qui ratione traduci ad meliora non possunt, solo metu continentur.
7.3. Consequently, while to devote one's life to the task of accusation, and to be tempted by the hope of reward to bring the guilty to trial is little better than making one's living by highway robbery, none the less to rid one's country of the pests that gnaw its vitals is conduct worthy of comparison with that of heroes, who champion their country's cause in the field of battle. For this reason men who were leaders of the state have not refused to undertake this portion of an orator's duty, and even young men of high rank have been regarded as giving their country a pledge of their devotion by accusing bad citizens, since it was thought that their hatred of evil and their readiness to incur enmity were proofs of their confidence in their own rectitude.
7.3. ut accusatoriam vitam vivere et ad deferendos reos praemio duci proximum latrocinio est, ita pestem intestinam propulsare cum propugnatoribus patriae comparandum. principes in re publica viri non detrectaverunt hanc officii partem, creditique sunt etiam clari iuvenes obsidem rei publicae dare malorum civium accusationem, quia nec odisse improbos nec simultates provocare nisi ex fiducia bonae mentis videbantur;
7.4. Such action was taken by Hortensius, the Luculli, Sulpicius, Cicero, Caesar and many others, among them both the Catos, of whom one was actually called the Wise, while if the other is not regarded as wise, I do not know of any that can claim the title after him. On the other hand, this same orator of ours will not defend all and sundry: that haven of safety which his eloquence provides will never be opened to pirates as it is to others, and he will be led to undertake cases mainly by consideration of their nature.
7.4. idque cum ab Hortensio, Lucullis, Sulpicio, Cicerone, Caesare, plurimis aliis, tum ab utroque Catone factum est, quorum alter appellatus est sapiens, alter nisi creditur fuisse, vix scio, cui reliquerit huius nominis locum. defendet omnis orator idem, portumque illum eloquentiae suae salutarem non etiam piratis patefaciet duceturque in advocationem maxime causa.
7.5. However, since one man cannot undertake the cases of all litigants who are not, as many undoubtedly are, dishonest, he will be influenced to some extent by the character of the persons who recommend clients to his protection and also by the character of the litigants themselves, and will allow himself to be moved by the wishes of all virtuous men; for a good man will naturally have such for his most intimate friends.
7.5. tamen omnes, qui non improbe litigabunt, quorum certe bona pars est, sustinere non potest unus, aliquid et commendantium personis dabit et ipsorum qui iudicio decernent, ut optimi cuiusque voluntate moveatur; namque hos et amicissimos habebit vir bonus.
7.6. But he must put away from him two kinds of pretentious display, the one consisting in the officious proffering of his services to the powerful against those of meaner position, and the other, which is even more obtrusive, in deliberately supporting inferiors against those of high degree. For a case is not rendered either just or the reverse by the social position of the parties engaged. Nor, again, will a sense of shame deter him from throwing over a case which he has undertaken in the belief that it had justice on its side, but which his study of the facts has shown to be unjust, although before doing so he should give his client his true opinion on the case.
7.6. vero est utrumque ambitus genus vel potentibus contra humiles venditandi operam suam vel illud etiam iactantius minores utique contra dignitatem attollendi. enim fortuna causas vel iustas vel improbas facit. vero pudor obstet, quo minus susceptam, cum melior videretur, litem cognita inter discendum iniquitate dimittat, cum prius litigatori dixerit verum.
7.7. For, if we judge aright, there is no greater benefit that we can confer on our clients than this, that we should not cheat them by giving them empty hopes of success. On the other hand, no client that does not take his advocate into his counsel deserves that advocate's assistance, and it is certainly unworthy of our ideal orator that he should wittingly defend injustice. For if he is led to defend what is false by any of the motives which I mentioned above, his own action will still be honourable.
7.7. et in hoc maximum, si aequi iudices sumus, beneficium est, ut non fallamus vana spe litigantem. est dignus opera patroni, qui non utitur consilio, et certe non convenit ei, quem oratorem esse volumus, iniusta tueri scientem. si ex illis, quas supra diximus, causis falsum tuebitur, erit tamen honestum quod ipse faciet.
7.8. It is an open question whether he should never demand a fee for his services. To decide the question at first sight would be the act of a fool. For we all know that by far the most honourable course, and the one which is most in keeping with a liberal education and that temper of mind which we desiderate, is not to sell our services nor to debase the value of such a boon as eloquence, since there are not a few things which come to be regarded as cheap, merely because they have a price set upon them.
7.8. ei semper agendum sit, tractari potest. ex prima statim fronte diiudicare imprudentium est. quis ignorat, quin id longe sit honestissimum ac liberalibus disciplinis et illo, quem exigimus, animo dignissimum, non vendere operam nec elevare tanti beneficii auctoritatem, cum pleraque hoc ipso possint videri vilia, quod pretium habent?
7.9. This much even the blind can see, as the saying is, and no one who is the possessor of sufficient wealth to satisfy his needs (and that does not imply any great opulence) will seek to secure an income by such methods without laying himself open to the charge of meanness. On the other hand, if his domestic circumstances are such as to require some addition to his income to enable him to meet the necessary demands upon his purse, there is not a philosopher who would forbid him to accept this form of recompense for his services, since collections were made even on behalf of Socrates, and Zeno, Cleanthes and Chrysippus took fees from their pupils.
7.9. hoc, ut aiunt, satis clarum est, nec quisquam, qui sufficientia sibi (modica autem haec sunt) possidebit, hunc quaestum sine crimine sordium fecerit. si res familiaris amplius aliquid ad usus necessarios exiget, secundum omnium sapientium leges patietur sibi gratiam referri, cum et Socrati collatum sit ad victum, et Zeno, Cleanthes, Chrysippus mercedes a discipulis acceptaverint.
7.10. Nor can I see how we can turn a more honest penny than by performance of the most honourable of tasks and by accepting money from those to whom we have rendered the most signal services and who, if they made no return for what we have done for them, would show themselves undeserving to have been defended by us. Nay, it is not only just, but necessary that this should be so, since the duties of advocacy and the bestowal of every minute of our time on the affairs of others deprive us of all other means of making money.
7.10. enim video, quae iustior acquirendi ratio quam ex honestissimo labore et ab iis, de quibus optime meruerint, quique, si nihil invicem praestent, indigni fuerint defensione. quidem non iustum modo, sed necessarium etiam est, cum haec ipsa opera tempusque omne alienis negotiis datum facultatem aliter acquirendi recidant.
7.11. But we must none the less observe the happy mean, and it makes no small difference from whom we take payment, what payment we demand, and how long we continue to do so. As for the piratical practice of bargaining and the scandalous traffic of those who proportion their fees to the peril in which their would-be client stands, such a procedure will be eschewed even by those who are more than half scoundrels, more especially since the advocate who devotes himself to the defence of good men and worthy causes will have nothing to fear from ingratitude. And even if a client should prove ungrateful, it is better that he should be the sinner and not our orator.
7.11. tum quoque tenendus est modus, ac plurimum refert et a quo accipiat et quantum et quo usque. quidem ille piraticus mos et imponentium periculis pretia procul abominanda negotiatio etiam a mediocriter improbis aberit, cum praesertim bonos homines bonasque causas tuenti non sit metuendus ingratus; quodsi sit futurus, malo tamen ille peccet.
7.12. To conelude, then, the orator will not seek to make more money than is sufficient for his needs, and even if he is poor, he will not regard his payment as a fee, but rather as the expression of the principle that one good turn deserves another, since he will be well aware that he has conferred far more than he receives. For it does not follow that because his services ought not to be sold, they should therefore be unremunerated. Finally, gratitude is primarily the business of the debtor.
7.12. ergo acquirere volet orator ultra quam satis erit; ac ne pauper quidem tanquam mercedem accipiet, sed mutua benivolentia utetur, cum sciat se tanto plus praestitisse. enim, quia venire hoc beneficium non oportet, oportet perire. ut gratus sit ad eum magis pertinet qui debet.
8.1. We have next to consider how a case should be studied, since such study is the foundation of oratory. There is no one so destitute of all talent as, after making himself thoroughly familiar with all the facts of his case, to be unable at least to communicate those facts to the judge.
8.1. discendae causae ratio, quod est orationis fundamentum. enim quisquam ingenio tam tenui reperietur, qui, cum omnia quae sunt in causa diligenter cognoverit, ad docendum certe iudicem non sufficiat.
8.2. But those who devote any serious attention to such study are very few indeed. For, to say nothing of those careless advocates who are quite indifferent as to what the pivot of the whole case may be, provided only there are points which, though irrelevant to the case, will give them the opportunity of declaiming in thunderous tones on the character of persons involved or developing some commonplace, there are some who are so perverted by vanity that, on the oft-repeated pretext that they are occupied by other business, they bid their client come to them on the day preceding the trial or early on the morning of the day itself, and sometimes even boast that they learnt up their case while sitting in court;
8.2. eius rei paucissimis cura est. ut taceam de negligentibus, quorum nihil refert, ubi litium cardo vertatur, dum sint quae vel extra causam ex personis aut communi tractatu locorum occasionem clamandi largiantur, aliquos et ambitio pervertit, qui partim tanquam occupati semperque aliud habentes, quod ante agendum sit, pridie ad se venire litigatorem aut eodem matutino iubent, nonnunquam etiam inter ipsa subsellia didicisse se gloriantur;
8.3. while others by way of creating an impression of extraordinary talent, and to make it seem that they arc quick in the uptake, pretend that they have grasped the facts of the case and understand the situation almost before they have heard what it is, and then after chanting out some long and fluent discourse which has nought to do either with the judge or their client, but awakens the clamorous applause of the audience, they are escorted home through the forum, perspiring at every pore and attended by flocks of enthusiastic friends.
8.3. partim iactantia ingenii, ut res cito accepisse videantur, tenere se et intelligere prius paene quam audiant mentiti, cum multa et diserte summisque clamoribus, quae neque ad iudicem neque ad litigatorem pertineant, decantaverunt, bene sudantes beneque comitati per forum reducuntur.
8.4. Further, I would not even tolerate the affectation of those who insist that their friends, and not themselves, should be instructed in the facts of the case, though this is a less serious evil, if the friends can be relied upon to learn and supply the facts correctly. But who can give such effective study to the case as the advocate himself? How can the intermediary, the go-between or interpreter, devote himself whole-heartedly to the study of other men's cases, when those who have got to do the actual pleading do not think it worth while to get up their own?
8.4. illas quidem tulerim delicias eorum, qui doceri amicos suos iubent, quanquam minus mali est, si illi saltem recte discant recteque doceant. quis discet tam bene quam patronus? autem sequester ille et media litium manus et quidam interpres impendet aequo animo laborem in alienas actiones, cum dicturis tanti suae non sint?
8.5. On the other hand, it is a most pernicious practice to rest content with a written statement of the case composed either by the litigant who betakes himself to an advocate because he finds that his own powers are not equal to the conduct of his case, or by some member of that class of legal advisers who admit that they are incapable of pleading, and then proceed to take upon themselves the most difficult of all the tasks that confront the pleader. For if a man is capable of judging what should be said, what concealed, what avoided, altered or even invented, why should he not appear as orator himself, since he performs the far more difficult feat of making an orator?
8.5. vero consuetudinis libellis esse contentum, quos componit aut litigator qui confugit ad patronum, quia liti ipse non sufficit, aut aliquis ex eo genere advocatorum, qui se non posse agere confitentur, deinde faciunt id quod est in agendo difficillimum. qui iudicare, quid dicendum, quid dissimulandum, quid declinandum, mutandum, fingendum etiam sit, potest, cur non sit orator, quando, quod difficilius est, oratorem facit?
8.6. Such persons would not, however, do so much harm if they would only put down all the facts as they occurred. But as it is, they add suggestions of their own, put their own construction on the facts and insert inventions which are far more damaging than the unvarnished truth. And then the advocate as a rule, on receiving the document, regards it as a crime to make any alteration, and keeps to it as faithfully as if it were a theme set for declamation in the schools. The sequel is that they are tripped up and have to learn from their opponents the case which they refused to learn from their own clients.
8.6. porro non tantum nocerent, si omnia scriberent uti gesta sunt. consilium et colores adiiciunt et aliqua peiora veris, quae plerique cum acceperunt, mutare nefas habent et velut themata in scholis posita custodiunt. deprehenduntur et causam, quam discere ex suis litigatoribus noluerunt, ex adversariis discunt.
8.7. We should therefore above all allow the parties concerned ample time for an interview in a place free from interruption, and should even exhort them to set forth on the spot all the facts in as many words as they may choose to use and allowing them to go as far back as they please. For it is less of a drawback to listen to a number of irrelevant facts than to be left in ignorance of essentials. Moreover, the orator will often detect both the evil and its remedy in facts which the litigant regarded as devoid of all importance, one way or the other.
8.7. igitur demus ante omnia iis, quorum negotium erit, tempus ac locum, exhortemurque ultro, ut omnia quamlibet verbose et unde volent repetita ex tempore exponant. enim tam obest audire supervacua quam ignorare necessaria.
8.8. Further, the advocate who has got to plead the case should not put such excessive confidence in his powers of memory as to disdain to jot down what he has heard. Nor should one hearing be regarded as sufficient. The litigant should be made to repeat his statements at least once, not merely because certain points may have escaped him on the occasion of his first statement, as is extremely likely to happen if, as is often the case, he is a man of no education, but also that we may note whether he sticks to what he originally said.
8.8. autem et vulnus et remedium in iis orator inveniet, quae litigatori in neutram partem habere momentum videbantur. tanta sit acturo memoriae fiducia, ut subscribere audita pigeat. semel audisse sit satis; cogendus eadem iterum ac saepius dicere litigator, non solum quia effugere aliqua prima expositione potuerunt, praesertim hominem (quod saepe evenit) imperitum, sed etiam ut sciamus an eadem dicat.
8.9. For a large number of clients lie, and hold forth, not as if they were instructing their advocate in the facts of the case, but as if they were pleading with a judge. Consequently we must never be too ready to believe them, but must test them in every way, try to confuse them and draw them out.
8.9. enim mentiuntur et, tanquam non doceant causam, sed agant, non ut cum patrono sed ut cum iudice loquuntur. nunquam satis credendum est, sed agitandus omnibus modis et turbandus et evocandus.