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fhould be inoffenfive; and we must take care not to fall into the fame error with those, who would lose a friend rather than a jeft.

a There is nothing but moderation in using jests, and prudence in applying them, that distinguish an orator, in this refpect, from a buffoon. The latter uses them at all times, and without any occafion: whereas the orator does it feldom, and always for some reason esfential to his cause, and never barely to raise laughter; which is a very trifling kind of pleasure, and argues a mean genius.

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Repartees give occafion fometimes for delicate raillery; fo much the more fprightly, as it is concife; and as it flies in an inftant like a dart, piercing almost before perceived. These pleasantries, which are neither ftudied nor prepared, are much more graceful than those we bring from our clofets, and which often, for that very reason, appear frigid and puerile. Befides, the adversary has no reafon to complain, because he brought the raillery upon himself, and can impute it to nothing but his own imprudence. Why do you bark? faid Philip one day to Catulus, alluding to his name, and the great noife he made in pleading: Because I fee a thief, anfwered Catulus.

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Repartees of this kind require a great presence and celerity of mind, if we may use the expreffion; for

a Temporis ratio, & ipfius dicacitatis moderatio, & temperantia, & raritas dictorum, diftinguet oratorem à fcurrå: & quod nos cum caufa dicimus, non ut ridiculi videamur, fed ut proficiamus aliquid? illi totum diem, & fine caufa. 2.de Orat. n. 247,

b Rifum quæfivit: qui eft, mea fententia, vel tenuiffimus ingenii fructus, Ibid.

Dicacitas pofita in hac veluti jaculatione verborum, & inclufa breviter urbanitate. Q.1. 6. c. 4. Ante illud facetè dictum hærere debet, quàm cogitari poffe videatur. 2. de Orat. n. 219.

Omnia probabiliora funt, quæ la

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they afford no time for reflection; and the blow muft be given the inftant we are attack'd. But they require great prudence and moderation. For how much muft a man be master of his temper, to fupprefs even in the very heat of action and debate, a smart saying or joke which ftarts up on a sudden, and might do us ho nour; but would at the fame time offend perfons whom we are obliged to treat with deference? The way to fucceed in it, is to flight, and not pique ourselves upon fo dangerous a talent; and to acquire a habit of speaking moderately and with caution, in conversation and common life.

Ifa lawyer is not allowed to use harsh and offenfive raillery, with how much more reason ought he to abftain from grofs language? This is an inhuman kind of pleasure, unworthy of a gentleman, and which muft neceffarily difguft a prudent auditor. Yet fome clients, often more folicitous to revenge than defend themselves, extort this kind of eloquence from the orator; and are not pleased with him, if he does not dip his pen in the bittereft gall. But who is the lawyer, if he has any fentiments of honour or probity left, that would thus blindly gratify the fpleen and resentment of his client; become violent and paffionate at his nod, and make himself the unworthy minifter of another's foolish rage, from a fordid fpirit of avarice, or a mistaken defire of falfe glory?

V. Wife emulation remote from mean and low jealousy. No place, in my opinion, is more proper to excite and cherish a lively and prudent emulation than the bar. It is a great concourfe of people in whom the

f Hominibus facetis & dicacibus difficillimum eft habere hominum rationem & temporum, & ea quæ occurrant, cùm falfiffimè dici poffint; renere. 2. de Orat, n. 221.

6 Turpis voluptas, & inhumana, & nulli audientium bono grata; à litigatoribus quidem frequenter exigitur, qui ultionem malunt quàm

defenfionem. Hoc quidem quis hominum liberi modò fanguinis fuftineat, petulans effe ad alterius arbitrium? Orator à viro bono in rabulam latratoremque convertitur, compofitus, non ad animum judicis, fed ad ftomachum litigatoris, Q.1. 12. c. 9.

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most valuable qualities are united; as beauty and force of genius, delicacy of wit, folidity of judgment, a refined tafte, a vaft extent of knowledge, and long experience. There we fee combats fought every day between famous champions, in the prefence of learned and judicious magiftrates, and amidst an extraordinary concourse of fpectators, drawn thither by the importance of the affairs, and the reputation of the speakers. There eloquence exhibits herself in every fhape; in one, grave and ferious; in another, fprightly, and gay; fometimes, unprepared and negligent, at others, in her finest attire; and arrayed with all her ornaments; diffufive or contracted, soft or ftrong, sublime and majestick, or more fimple and familiar, as caufes vary. Not a fingle word is there loft; no beauty, no defect escape the attentive and intelligent auditors: and whilft the judges on one hand, with the scale in their hands, in the presence and in the name of Supreme Juftice, determine the fate of private perfons: the public, on the other, in a tribunal no less inacceffible to favour,determine concerning the merit and reputation of lawyers, and pafs a fentence, from which there is no appeal.

Nothing, in my opinion, can raife the glory of the bar more, than to see such a spirit of equity and moderation prevail in the body of lawyers, as gives every one his due, and banishes all jealoufy and envy, and that amidst all those exercises which are so capable .of fomenting self-love; and when the ancient lawyers, almost upon the point of quitting the lifts, in which they have been fo frequently crowned, joyfully fee a new swarm of young orators entring, in order to fucceed them in their labours, and fupport the honour of a profeffion that is ftill dear to them, and for which they cannot forbear interefting themselves; and when the latter, fo far from fuffering themselves to be dazzled by there growing reputation, pay a great deference to their feniors, and refpect them as their fathers and mafters in a word, when the fame emulation prevails

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prevails among the young lawyers, which was feen formerly between Hortenfius and Cicero, of which the latter has left us a fine defcription. I was very far, fays - he, speaking of Hortenfius, from looking upon him as an enemy, or a dangerous rival. I loved and efteemed him as the fpectator and companion of my glory. I was fenfible how advantageous it was for me to have fuch an adverfary, and the honour which accrued to me from having fometimes an opportunity to dispute the victory with him. Neither of us ever oppofed the other's intereft. It was a pleasure to us to affift one another, by communicating our lights, giving advice mutually, and fupporting each other by reciprocal efteem; which had fuch an effect, that each placed his friend above himself.

The bar therefore may be an excellent school for young lawyers, not only with regard to eloquence but to virtue, if they are capable of improving by the good examples it affords. They are young and unexperienced, and confequently ought to determine little, but to hear and confult very much. How great foever their underftandings or abilities may be, they yet ought to be very modeft. This virtue, which is the ornament of their age, at the fame time that it feems to conceal, fets off their merit the more. But above all, they should fhun that mean kind of jealousy which is tortured at another's glory and reputation; that ought to form the band of friendship and unity. They muft, I fay, fhun jealousy, as the most

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h Dol bam quòd non, ut plerique putabant, adverfarium aut obtrectatorem laudum mearum, fed focium potius & confortem gloriof laboris amiferam.... Quo enim animo ejus mortem ferre debui, cum quo certare erat gloriofius, quàm omnino adverfarium non ha bere? cum præfertim non modò nunquam fit, aut illius à me curfus impeditus, aut ab illo meus, fed contrà femper alter ab altero adjutus & communicando, & monendo, & VOL: II.

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favendo. Brut. n. 2, 3.

Sic duodecim poft meum confulatum annos in maximis caufis, cùm ego mihi illum, fibi me ille anteferret, conjunctiflimè verfati fumus Ibid. n, 223,

Æqualitas veftra, & artium ftudiorumque quafi finitima vicinitas, tantum abeft ab obtrectatione invidiæ, quæ folet lacerare plerofque, uti ea non modò non exulcerare veftram gratiam, fed etiam conciliare videatur. Brut. n. 156.

fhameful

fhameful of vices, the most unworthy a man of honour, and the greatest enemy to society.

SECTION IV.

OF THE ELOQUENCE OF THE PULPIT.

AINT Auftin, in his excellent work, called

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the Chriftian Doctrine, which we cannot recommend too much to the profeffors of rhetoric, distinguishes two things in the Chriftian orator; what he fays, and his manner of faying it; the things in themfelves, and the method of difcuffing them, which he calls fapienter dicere, eloquenter dicere. I will begin with the latter, and conclude with the former.

FIRST PART.

Of the manner in which a Preacher ought to deliver bimfelf.

Saint Austin, pursuant to Cicero's plan of the duties of an orator, tells us they confift in inftructing, pleafing, and moving the paffions. Dixit quidam eloquens, & verum dixit, ita dicere debere eloquentem, ut doceat, ut deletet, ut fle&tat. He repeats the fame thing in other terms, faying, the Chriftian orator must speak in fuch a manner as to be heard intelligenter, libenter, obedienter; viz. that we fhould comprehend what he fays, hear it with pleasure, and confent to what he would perfuade us. m For preaching has three ends: That the truth fhould be known to us, fhould be heard with pleasure, and move us. Ut veritas pateat, ut veritas placeat, ut veritas moveat. I fhall purfue the fame plan, and go through the three duties of a Christian orator.

* De dotr, chr. 1. 4. n. 27.

1 N. 30.

m N. 61.

I. DUTY

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