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should be inoffensive; 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 distinguilh an orator, in this respect, from a buffoon. The latter uses them at all times, and without any occasion: whereas the orator does it feldom, and always for some reason ef. fential to his cause, and never barely to raise blaughter; which is a very trifling kind of pleasure, and argues a mean genius. .Repartees give occasion sometimes for delicate raillery; so much the more sprightly, as it is concise; and as it Aies in an instant 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 closets, and which often, for that very reason, appear frigid and puerile. Befides, the adversary has no reason to complain, because he brought the raillery upon himself, and can impute it to nothing but his own imprudence. Why do you bark? said Philip one day to Catulus, alluding to his name, and the great noise he made in pleading: Because I see a thief, answered Catulus.
Repartees of this kind require a great presence and celerity of mind, if we may use the expression; for
a Temporis ratio, & ipfius dica- cessiti dicimus, quàm quæ priores. citatis moderatio, & temperantia, Nam & ingenii celeritas major eft & raritas dictorum, diftinguet o. quæ apparet in respondendo, & huratorem à fcurrå: & quod nos cuin manitatis eft refponfio. Videre. causa dicimus, non uc ridiculi vi- mur enim quieturi fuiffe, 0:6 effe. deamur, sed ut proficiamus aliquid ? mus laceflici. 2. de Orar. n. 230. il!i turum diem, & fine causa. 2. de Quafia, nec ex tempore féta, Orat. n. 247,
sed domo allata, plerumque sunt b Risum quæsivit: qui est, mea frígida. Orat. n. 89. sententia, vel tenuiffimus ingedii Catulus, dicenti Philippo: fructus, Ibid.
QUID LATRAS? FUREM, in. į Dicacitas pofita in hac veluti quit, VIDEO. de Orat. n. 220. jaculatione verborum, & inclusa Te Opus et imprim's i' genio ve. breviter urbanitate. Q. I. 6.c. 4. loci ac mobili, animo præsenti &
Ante illud facetè dictum hærere acri. Non enim cogitandum, fed debet, quàm cogitari pofle videatur. dicendum ftatim eft, & prope 2. de Orat. n. 219.
sub conatu adversarü manus eri. · Omnia probabiliora funt, quæ la- genda. Quiac. 1. 6. c. 5.
they afford no time for reflection; and the blow must be given the inftant we are attack's. But they require great prudence and moderation. For how much must a man be master of his temper, to suppress even in the very heat of action and debate, a smart saying or joke which starts up on a sudden, and might do us hos nour; but would at the same time offend persons whom we are obliged to treat with deference! The way to succeed in it, is to flight, and not pique ourselves upon so dangerous a talent; and to acquire a habit of speaking moderately and with caution, in conversation and common life.
If a lawyer is not allowed to use harsh and offensive raillery, with how much more reason ought he to abitain from grofs language ? This is an inhuman kind of pleasure, unworthy of a gentleman, and which must necessarily disgust a prudent auditor. Yet some clients, often more solicitous 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 bitterest gall. But who is the lawyer, if he has any sentiments of honour or probity left, that would thus blindly gratify the spleen and resentment of his client; become violent and paffionate at his nod, and make himself the unworthy minister of another's foolish rage, from a sordid fpirit of avarice, or a mistaken desire of false glory? V. Wise 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 concourse of people in whom the
* Hominibus facetis & dicacibus defenfionem. Hoc quidem quis difficillimum eft habere homioum hominum liberi modò sanguinis rationem & temporum, & ea quæ fuftineat, petulans esse ad alcerius occurrant, cùm falfisfimè dici pof- arbitrium ? .. : Orator à viro bofint; renere. 2. de Orat, n. 221. no in rabulam latratoremque coria
6 Turpis voluptas, & inhumana, vertitur, compositus, non ad ani& nulli audientium bono grata ; à mum judicis, fed ad ftomachum litigatoribus quidem frequenter ex- litigatoris, Q.1.12. c. 9. igitur, qui ulcionem malunt quàm
most valuable qualities are united; as beauty and force ne of genius, delicacy of wit, solidity of judgment, a refined taste, a vast extent of knowledge, and long ex, perience. There we see combats fought every day between famous champions, in the presence of learned and judicious magiftrates, and amidst an extraordina- sa ry concourse of spectators, drawn thither by the importance of the affairs, and the reputation of the speakers. There eloquence exhibits herself in every shape; in one, grave and serious ; in another, sprightly, and gay; sometimes, unprepared and negligent; at others, in her finest attire; and arrayed with all her orna.. ments; diffusive or contracted, soft or strong, sublime and majestick, or more simple and familiar, as causes vary. Not a single word is there lost; no beauty, no defect escape the attentive and intelligent audi. tors: and whilst the judges on one hand, with the scale in their hands, in the presence and in the name of Su. preme Justice, determine the fate of private persons: the public, on the other, in a tribunal no less inaccelsible to favour,determine concerning the merit and repụtation of lawyers, and pass a sentence, from which there is no appeal.
Nothing, in my opinion, can raise the glory of the bar more, than to see such a spirit of equity and mo. deration prevail in the body of lawyers, as gives every one his due, and banishes all jealousy 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 so frequently crowned, joyfully see a 3 new swarm of young orators entring, in order to suco ceed them in their labours, and support the honour of a profession that is still dear to them, and for which they cannot forbear interesting themselves; and when the latter, so far from suffering themselves to be dazzled by there growing reputation, pay a great deference to their seniors, and respect them as their fathers and masters: in a word, when the same emulation
i prevails among the young lawyers, which was seen
formerly between Hortenfius and Cicero, of which the latter has left us a fine description. I was very far, says he, speaking of Hortensius, from looking upon him
as an enemy, or a dangerous rival. I loved and esteem į ed him as the spectator and companion of my glory.
I was sensible how advantageous it was for me to have such an adversary, and the honour which accrued ta me from having sometimes an opportunity to dispute the victory with him. Neither of us ever opposed the other's interest. It was a pleasure to us to affist one another, by communicating our lights, giving advice mutually, and supporting each other by reciprocal esteem; which had such 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 consequently ought to determina little, but to hear and consult very much. How great soever their understandings or abilities may be, they yet ought to be very modest. This virtue, which is the ornament of their age, at the same time that it seems to conceal, sets 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 i form the band of friendship and unity. They must, I say, fhun jealousy, as the most
Dol-bam quòd non, ut pleri. favendo. Brut. n. 2, 3. que putabant, adverfarium aut ob- Sic duodecim poft meum consutrectatorem laudum mearum, fed latum annos in maximis caufis, focium potius & consortem glori- cùm ego mihi illum, fibi me ille anof laboris amiseram .... Quo e- referrer, conjunctislimè versati sua nim animo ejus mortem ferre de- mus Ibid. n, 223, bui, cum quo certare erat gloriosius, iÆqualitas vestra, & artium ftuquàm omnino adversarium non ha- diorumque qua si finitima vicinitas, bere? cum præsertim non modò cancum abeit ab obtrectatione invinunquam fit, aut illius à me cursus diæ, quæ solet lacerare plerosque, impeditus, aut ab illo meus, sed con. uti ea non modò non exulcerare trà semper alter ab altero adjutus & veftram gratiam, fed eciam concicommunicando, & monendo, & liare videatur. Brus. n. 156. VoL: II.
shameful shameful of vices, the most unworthy a man of honour, and the greatest enemy to society.
the Christian Doctrine, which we cannot recommend too much to the professors of rhetoric, distinguishes two things in the Chriftian orator; what he says, and his manner of saying it; the things in themselves, and the method of discussing 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 delivers i .
himself. **, ki Saint Austin, pursuant to Cicero's plan of the duties of an orator, tells us they consist in instructing, pleasing, and moving the passions. Dixit quidam eloquens, & verum dixit, ita dicere debere eloquentem, ut doceat, ut deleElet, ut feetat ! He repeats the same thing in other, terms, saying, the Christian : orator must speak in such a manner as to be heard in ? telligenter; libenter, obedienter ; viz. that we should comprehend what he says, hear it with pleasure, and consent to what he would persuade us.. m For preaching has three ends: That the truth should be known to us, should be heard with pleasure, and move us. Ut veritas pateat, ut veritas placeat, ut veritas moveat. I shall pursue the same plan, and go through the three duties of a Christian orator.
* De doctr, chr. 1.4. n. 27,
m N. 61.