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But if the more learned can attain to this exactness in civil law, or the more limited arts, I do not think it possible in an art so vast and comprehensive as ours. Those, however, who think otherwise, must be referred for information to the professors of these things. They will find rules clearly set forth, and in the most attractive form; for there are an infinitude of treatises on the subject, easy of access and not difficult to comprehend. But let them clearly understand what object they propose to themselves. Are they arming for actual conflict, or merely for amusement? For war and the actual shock of battle require one thing, the mimic warfare of the parade another. The merely preparatory practice of arms cannot be without its value to the soldier and gladiator; but it is the bold, the ready, the quick and versatile spirit that makes indomitable men, and not the less so when conjoined with art. I will therefore place before your eyes, as far as I am able, my idea of what the orator should be, in order to ascertain beforehand how far the pupil may be qualified to realize it. I would have him, then, well imbued with letters, not unacquainted with men and books, and thoroughly conversant with those principles of his art which I have unfolded. I will then try what becomes him best; I will test his powers of voice, of nerve, of lungs, and language. If I see that he is likely to rank with the great masters of the art, I will not merely advise, but, if he appears to me a good man, I will even adjure him to persevere; so great an ornament to the whole community do I consider him who combines the virtues of the man with the graces of the orator. If, however, it should appear that, with every aid and effort, he could not aspire beyond mediocrity, I would leave him to follow his own inclination; I should not be very urgent with him; but if utterly disqualified and calculated to excite only ridicule, I would advise him to desist, or turn his attention to some other pursuit. While the pupil destined to excel should be incessantly stimulated to exertion, the less gifted pupil must not be discouraged; for though the ability of the one is such as would seem to appertain to more than mortal genius, yet to refrain from attempting that perfection to which it cannot attain, or to aspire only to attainable mediocrity, is not beyond the compass of merely human ability, but to roar and bellow, in defiance of nature and propriety, is the part of a man who (as you, Catulus, once said of a certain declaimer) has in himself a domestic herald, to collect as many witnesses as he can of his own absurdity. To him, therefore, who ought to be encouraged and assisted, I will impart the result of my own experience, in order that, by my guidance, he may attain to that which, without any instruction, I have myself attained to. More than this I cannot attempt

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ORDER AND ARRANGEMENT OF AN ORATION

Y PRINCIPAL care in all my pleadings, again and again I reiterate the assertion, has been to do all the good that I could to my cause, and, failing in that, the least possible injury. To return, therefore, Catulus, to the consideration of that for the management of which you gave me so much credit, viz., the order and arrangement of the facts and topics - for which there are two methodsthe one suggested by the nature of the cause, the other by the judgment and skill of the orator. To introduce the subject with a few brief remarks-to explain its nature to state our own arguments and to refute those of our opponent - and then to conclude with a peroration, is the order suggested by nature. To decide upon the most effective arrangement of the material employed for proof, illustration, or persuasion, belongs in an especial manner to the practical skill of the orator. Among the crowd of plausible arguments which occur for the support of any

question, some are too insignificant for notice; others, though much more valuable, have their defective points without sufficient stamina at the same time to compensate for the danger of such connection. But when the valuable and really powerful arguments are very numerous, as is often the case, the least effective, or those closely resembling the more effective class, should be selected and carefully weeded out of the oration. Indeed, in my choice of arguments I am generally determined rather by weight than by number.

Although, as I have repeatedly asserted, there are three means of making converts to our opinions, viz., Information, Conciliation, and Persuasion, yet only one of these must be prominently put forward, as if our sole object was to inform our hearers; the other two should be diffused through the whole address, as the blood pervades and fosters every part of the body; for not the exordium only, but every part of the discourse, on which I shall say a few words hereafter, ought to be completely saturated with persuasive power, so as to maintain a continuous action on the minds of our audience. But although the exordium and peroration are the proper places for those agents, which rely, not on reasoning, but on their powers of persuasion and excitement, yet it is often of service to turn aside from the argument and address ourselves to the feelings of our hearers. Accordingly an opportunity of doing this often occurs just after the statement of the case, or after the confirmation of our own arguments, or the refutation of our opponent's-in any or in all of these places, if the subject be of sufficient importance, and abound in material for that purpose; and most replete with matter for both amplification and embellishment are those causes which afford the most numerous openings for digression to those topics, by which the impassioned feelings of our audience are excited or repressed. And in this I cannot commend the system of placing the weakest arguments first, or, what I must think the equal error of those who, after retaining a number of advocates (a practice never approved of by me), assign the introductory pleadings to the least effective speakers. For it is imperative on us to meet the expectation of our audience as soon as possible, which, if not speedily gratified, a double load of responsibility is imposed on the rest of the speech; it augurs ill for a cause when its merits are slow in developing themselves. Let the best speakers and the most powerful arguments, therefore, occupy the first place, care being taken at the same time that some portion of what is most effective in both be reserved for the close; while the weaker arguments (for the utterly worthless. should be rejected) are to be massed together and thrown into the crush and throng of the reasoning. Having given due attention to these things, I consider, last of all, that which occupies the first place, viz., what exordium I should make use of; for if ever I have attempted to compose this first, nothing has occurred to me but what was meagre or trifling, or vulgar and commonplace.

The exordium ought always to be accurate and judicious, replete with matter, appropriate in expression, and strictly adapted to the cause. For the commencement, constituting the introduction and recommendation of the subject, should tend immediately to mollify the hearer and conciliate his favor; and I cannot help expressing my surprise, not at those, indeed, who have paid no attention to the art. but that a man so remarkably eloquent and erudite as Philippus should be in the habit of rising to speak as if at a loss what to say first, alleging as a reason that his arm must be well warmed into action before he can fight in good earnest, forgetting that those from whom he borrows his simile always poise their javelins deliberately at the outset, as if solely intent on displaying the grace of the evolution, while they reserve their strength for the heat of the conflict. There is no doubt but that the exordium should rarely be vehement and pugnacious; and if, in the deadly conflicts of the arena, the combatants indulge, before the encounter, in much preparatory

flourish merely for the purpose of harmless display, how much more will this be looked for in oratory, which has the gratification of the hearer as well as effect for its object. There is nothing in the whole range of Nature which starts at once into perfect maturity, and passes as suddenly away, and the most tremendous developments of her power have nothing of effort or violence in their commencement. Nor should the exordium be gathered extrinsically, and from foreign sources, but from the inmost core of the subject. The entire cause, therefore, being fully investigated and thoroughly understood, all the arguments prepared and skillfully arranged, it will be for us to consider what kind of exordium will be most suitable for the occasion, and this will readily suggest itself, for it will naturally flow, either from those topics which are most fertile in argument, or from those appeals to the passions, of which we ought often to avail ourselves. Drawn thus from the inmost resources of our defense, they will give weight to the reasoning as manifestly not commonplaces, and equally applicable to any cause, but a natural offshoot and efflorescence from the root of the question.

Every exordium ought either to have reference to the entire subject under consideration, or to form an introduction and support, or a graceful and ornamental approach to it, bearing, however, the same architectural proportion to the speech as the vestibule and avenue to the edifice and temple to which they lead. In trifling and unimportant causes, therefore, it is often better to commence with a simple statement without any preamble. But when a regular introduction cannot be dispensed with (which is generally the case), the material may be drawn either from the client or his opponent, from the point at issue or the presiding judges. From the character of the client (for so I designate him whose interests are at stake), by dwelling on those circumstances, which prove him to be a good and liberal man, a man whose misfortunes challenge commiseration, and who is the victim of a false accusation- from the character of his opponent, by painting him in directly opposite colors-from the point at issue, by representing the circumstances of the case as peculiarly cruel, beyond expression and imagination infamous, replete with suffering and ingratitude, unmerited, without precedent, beyond restitution or remedy-finally, from the presiding judges, by such representations as are calculated to conciliate their favor for our client, and raise him in their estimation, which will be more easily brought about by a clear statement of facts than by any direct appeal. This great object must never be lost sight of in any part of the address, and least of all at the close, though many exordia are supplied from the same source. We are told by the Greek rhetoricians that our aim at the outset should be to fix the attention of the judges, and to make them open to conviction, which, though valuable advice, is not more applicable to the commencement than to the rest of the discourse, but more attainable certainly at that time, when the expectation of all that is to come begets attention, and when the judges are more easily impressed, because the arguments, either for or against, stand out in a much stronger light there than in the body of the speech. But the greatest abundance and variety of matter for exordia, either in conciliating or exciting the feelings of the judges, will be supplied by those topics which are calculated to create emotion; these, however, must not be exhausted at the commencement, but only partially employed, to give that gentle impulse to the judges, which may be accelerated by the pressure of the subsequent oration.

Let the exordium also be so connected with the succeeding parts of the discourse that it may not appear artificially attached, like the prelude of the musician, but a coherent member of the same body. It is the practice of some speakers, after having put forth a most elaborately finished exordium, to make such a transition to what follows, that they seem solely intent upon drawing attention to themselves.

The introduction should not resemble the practice of the Samnite gladiators, who brandish one weapon in advancing, and use another in the fight, but rather of those who employ the same weapon for the prelude and the encounter. As to the rule which exacts brevity from the narration, if brevity be understood to mean no superfluous word, then the orations of L. Crassus are brief; but if by brevity be meant such stringency of language as allows not one word more than is absolutely necessary to convey the bare meaning;-this, though occasionally useful, would often be extremely hurtful, especially to the narration, not only by causing obscurity, but by doing away with that gentle persuasiveness and insinuation which constitute its chief excellence. In the lines, for instance, commencing thus:

"For he, as soon as he became of age,»

how purposely protracted is the narrative. The behavior of the youth—the inquiries of the slave-the death of Chrysis-his wound-the look-the figure-the lamentation of the sister, and all the other circumstances, are detailed with great variety and sweetness of expression. If, indeed, the poet had aimed at brevity such as this

"She's carried forth-we go-we reach the place

Of sepulture; she's laid upon the pile,"

he might have compressed the whole into almost ten short lines; but even here the brevity is made subservient to the beauty of the language; for had there been nothing more than "she's laid upon the pile," the whole proceeding would have been sufficiently clear. But a narrative, diversified by characters, and interspersed with dialogue, has much more of life and reality, because not only is the transaction itself described, but the manner also; and the various circumstances thus deliberately dwelt upon are much more clearly understood than when hurried over with such precipitancy. The same perspicuity ought to distinguish the narration as the rest of the speech, and is all the more imperatively demanded there, because less easily attained than in the exordium, confirmation, refutation, or peroration; and also because this part of the discourse is much more imperiled by the slightest obscurity than any other, elsewhere this defect does not extend beyond itself, but a misty and confused narration casts its dark shadow over the whole discourse; and if anything be not very clearly expressed in any other portion of the address, it can be restated in plainer terms elsewhere; but the narration is confined to one place, and cannot be repeated. The great end of perspicuity will be attained, if the narration be given in ordinary language, and the occurrences related in regular and uninterrupted succession.

But when the narration should be introduced, and when omitted, is for our consideration. In matters of notoriety, and where there is no doubt of the occurrence having taken place, the narration may be dispensed with, and equally so if anticipated by our opponent, unless we mean to refute his statement; and especial care must be taken not to press those points too strongly which suggest a suspicion of criminality, and tell against ourselves; such circumstances, on the contrary, should be extenuated as much as possible, lest we inflict that unintentional injury on our cause which, in the opinion of Crassus, can never occur but by deliberate treachery. A considerate or an inconsiderate statement of the case exercises a most powerful influence on the whole cause,- for from the fountain head of the narration flows the whole current of the discourse. Next comes the statement of the case, which must clearly point out the question at issue. Then must be conjointly built up the great bulwarks of your cause, by fortifying your own position, and weakening that of

your opponent; for there is only one effectual method of vindicating your own cause, and that includes both the confirmation and refutation. You cannot refute the opposite statements without establishing your own; nor can you, on the other hand, establish your own statements without refuting the opposite; their union is demanded by their nature, their object, and their mode of treatment. The whole speech is, in most cases, brought to a conclusion by some amplification of the different points, or by exciting or mollifying the judges; and every aid must be gathered from the preceding, but more especially from the concluding, parts of the address, to act as powerfully as possible upon their minds, and make them zealous converts to your cause. Nor do I see any reasonable ground for making a distinct head for the treatment of persuasion or panegyric, the same precepts being applicable to them as to every other kind of oratory; yet to speak for or against any important matter appears to me the especial privilege of an authoritative mind; for it is the province only of a wise man to give advice on the most momentous emergencies, as it belongs to integrity and high eloquence alone to provide by forethought, to enforce by authority, and to convince by the power of argument.

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WIT AND HUMOR IN ORATORY

IT and humor, at all times pleasing, are often extremely useful to the speaker; and whatever other portion of oratory may be taught by rule, these at least are purely the gifts of nature and quite independent of art. In this department you, Cæsar, in my opinion, stand without a rival, and you, therefore, are exactly the person to bear me out in the assertion that they are not at all amenable to rule, or if otherwise, to teach us in what degree they are so. In my opinion, observed Cæsar, it is easier for a man, not devoid of literary accomplishment, to speak on any subject than on the nature of wit and humor. Chancing, accordingly, to meet with some books in Greek entitled "On the Facetious," I began to indulge a hope that something might be learned from them; nor was I disappointed in my expectation of meeting with many exquisitely humorous and sparkling sayings of the Grecian wits, for this lighter element of genius, possessed in various degrees by the Sicilians, Rhodians, and Byzantines, is pre-eminently characteristic of the Athenian mind; but those who have attempted to reduce it to system have failed so egregiously, that of all the ridiculous things contained in their books, nothing is more ridiculous than their own absurdity. I do not, therefore, see how this talent can by any means be reduced to a system. There are two forms of the facetious-the one equally diffused through every part of a discourse, the other brief and pungent; the former was by our forefathers called Humor, the latter Wit; neither bearing a very dignified designation, for of neither is the aim very dignified -viz., to raise a laugh. Nevertheless, as you say, Antonius, I have often seen great effects produced in pleading by the aid of wit and humor. In that form of the facetious which permeates the whole oration with its festive humor, no art is required; for nature fashions the skillful mimic and quaint narrator, and supplies him with corresponding voice, and look, and language; and what room for art is there in the other species, when the electric flash must strike before there would seem to be time for thought? When my brother was tauntingly asked by Philippus why he barked so, what art could have suggested the ready reply, Because he saw a thief; or what art could have supplied those successive sallies which ran through the entire address of Crassus, when pleading against Scævola before the triumviri, or against the accusing party, Brutus, in defending the cause of Cneius Planeus?

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