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quintilian's 
nstitutes  of  oratory; 


EDUCATION   OF  AN   ORATOR. 


IN  TWELVE  BOOKS. 


TRANSLATED    WITH    NOTES. 


BV  THI 

REV.   JOHN  SELBY  WATSON,   M.A.,  M.R.S.L. 


LONDON    • 
GEORGE   BELL    AND    SONS 

1903 


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l^Beprintfd  from  Sttreolj/pe  ptaUi.'}  - 


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PREFACE. 


It  vaa  obscrred  by  Dr.  Drake  in  faia  "Litem;  Hoiira.* 
■bout  fifty  years  ago,  that  no  veruon  of  Quintiliaa  U  all 
odeilDate  to  the  merits  of  the  or^pnal  exiated  in  English,  snd 
that  to  translate  him  throughout  with  energy,  epirit,  and 
fidelity,  would  prove  a  task  of  the  most  arduous  and  difBcult 
kind ;  such  is  tke  beauty  of  his  diction,  and  such  the  peculiar 
propriety  of  his  epithets. 

The  difBculties  alleged  by  Dr.  Drake  nro  by  no  means 
exaggerated ;  and  since  his  time  no  translator  has  applied  him* 
self  to  execute  the  task.  The  language  of  writers  extremely 
nice  in  the  choice  of  words  and  the  collocation  of  phrases,  ia 
always  difficult  to  render  satisfactorily.  What  is  graceful  in 
the  original  can  biit  seldom  be  made  graceful  in  a  Tersion, 
But  the  present  tzanslator,  if  he  has  not  entirely  succeeded, 
hopes  that  he  has  no  great  cause  to  deprecate  censure.  He  will 
only  request  that,  should  the  student  think  some  pasa^es  loo 
treely  rendered,  he  will  bear  in  mind  the  necessity  of  endea- 
vouring to  satisfy  the  mere  English  reader;  and  that,  if 
the  English  reader  finds  some  passages  too  stiff,  he  will  con- 
sider the  necessity  for  a  certain  degree  of  doeeness  to  duswer 
the  wants  of  the  student. 

Of  the  two  translations  which  have  previously  appeared  in 
Bnglish,  those  of  Guthrie  and  Patsall,  neither  is  complete 
whole  chapters  being  omitted  in  each.  In  regard  to  fidelity, 
Patsall  is,  on  the  whole,  rather  to  bo  preferred ;  but  neithet 

149192        "    ,      , 

u.,  .....Cookie 


he  nor  Gutfarie  bad  the  requisite  scboUrsbip  to  do  justice  b 
their  author.  When  they  could  not  ascertain  Uie  sense  of  a 
passage,  they  substituMd  some  vague  p&mphrsse  or  omitted  it 
altogether. 

In  the  following  pages  the  whole  of  the  original  is  tnns- 
lated,  and  the  ntmoHt  care  has  been  taken  to  obeerve  an 
exact  adherence  to  the  sense.  On  evet;  obscure  or  corrapt 
psasBge,  illustration  is  given  in  a  note.  The  text  which  baa 
been  need  is  that  of  Spalding,  &om  whose  valutU)le  commen- 
urf  muoh  useful  matter  has  been  adopted. 

/.  8.  W. 


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CONTENTS. 


Quintniiji  to  TiTpho,  wuhiug  bolUi.       .  .  .  Tt*  1 

QUINTILUirS  PREFACE. 

The  object  and  intentioD  of  the  work,  S  1— >-  To  whom  dadkatod,  S. 
noaatlioriEed  pablioatioiu  iind«'  the  name  of  Quintiliui,  7.  Tho 
-profetaong  of  the  rbetoricun  and.  philo  ophar  were  fomierlj 
united,  9  —  10.  The  perfect  ontor,  17.  Partition  of  the  work,  21, 
22.    Further  oburmlioiii  on  teaohing  and  ipeaking,  SS — 27    >    3 

BOOK  I. 
Cb.  I.  SemaAa  on  the  c»p>ciMa«  of  boya  in  jamml^  j  1 — S.    Of  nurna, 
4,  Z.    '"l»TfWlft  ata™.  ^pdl|>aHtajio^'^-^ll.    Of  learning  Ureek 
and  Latin.  12 — W.    Ot  the  proper  aa»  for  barinniiig  to  lenrp;'  '- 
ifi— 19.    Of  ttte  vasot-Buiboi  erjM<!hii>g.  children,  3o=^B.    Of    ' 
learning  the  allpfaftbetkUld  of  nliitlKi  ^'^ — &.  Ofleamtngtoreod, 
ctf  Bnlijecta  for  writing  of  laai^ing  by  heart,  and  of  improTine  the 
'-*i~[i,  30 — 37     .  ,  ,  .  .   '"'  .    0 


Ch.  n.  CoDnd«ntu)aa.on.p]Lblk«id_friT«.ta_educal3oo;  public  ednca- 
Jum  to  be  preferred ;  allied  corraptiop  of  morala  in  public  achooli ; 
"^mJ  oorruptiiiD  at  home,  §  1 — 8.  Replj  to  die  o^ection  Uiat  a  - 
pnpll  rBceivee  Itaa  attention  froiq  a  qiatter  In  a  eeliool  than  from  ^ 
a  dtimeetio  tutor,  9->-10.  Emulation,  friendkhip,  indtameitta  Ut 
maaten  and  pupil%_  and  other  advitntaiea  of  public  .education, 
17— «1    .  .        '  ■  -     18 

Ch!  IIL  Dupoiition  and  abilifai  of  a  pnpil  to  be  aacertained,  g  1 — 3, 

Piwiuininrniaj  nrJ.  i1i-itiihln,   II — Fi       On  the  IDUUggmnit  of  popil^       '— 

B,  7.     On  relaialioQ  and  play,  8 — 18.     On  coiporai  puniahnient, 

14-18  ,  ■'     r  .         .    "     .         .as 

Ca.  lY.  Of  erammBT,  g  1 — 6.    Remotka  on  certun  letter*  and  doriTa- 
tiona  <^  irorde,   7—12.      Changea  in  vordg,  IS— 17.      Of  the 
of  Bpeeeh,  IS — 21.    Some  ohBerratkona  on  nouna  and  Terbs, 
19 28 

Cd.  V.  Neccwt; of  oorreotnenin  Bpeakingand  writing,  {  1.    On  nngla 

wordB,  2,  3.    ciotce  of  word*,  i.   Barbariams,  5— 10.   Barbariann 

in  poete  and  other  writran,  11—17.     Faults  in  pronundiBOB,  IT^' 

t»!-  Om  *ka  a^Miatia^  10—21.    The  aooento,  22—24.    On  ending 

.     a  word  with  an  acnte  accent  2G — SO,      Legitimate  accentuation 


^^2 


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SI — 39.    Ou  the  lolvdim,  81 — ST.    Diff««iit  kinds  of  soleoiam^ 


parts  of  speach,  iS — Gl.  ngnree  ofspeedi,  63 — 6*.  On  foraigi] 
wordi,  56— S7.  Onck  wcrds,  68 — 64.  Componad  words,  66—7.0. 
Words  proper,  metaphorinl,  oommoD,  neir,  71, 73      .      Page  37 

i/    Ch.  VI.  Of  lanRuage,  S  1 — 8.    Analogy,  4—11.    Daparhirea  from  it, 

12—27.    Etjmolt^f,  2S-SS.    Abiueaofit,  34— S8.    Old  words, 

O  O  »8— 41.    Authori^,  42.     Custom,  43-45  .  .64 

Ch.  VILJU^hograflij,  gl.  DUtlnotion  of  words  of  doubtful  signifi- 
oation,  2-6.  Composition  with  prepoaitjons,  7 — 0  On  the  letter 
t,  10.  Orthography  subeorvient  to  custom;  antiijiie  spoiling,  11 — 
27,  DiSerenco  between  spelling  and  pronundation,  28,  29.  Ne- 
oassitj  of  judgment,  30—32.  Quintilian  defends  hia  remaib  on 
this  subject,  33 — 36       ,  ,  .  .  ,  .64 

O  v<l  Cn.  VIII.  Of  reading,  §  1—4.    Authors  to  be  read.  Greet  and  Latin, 

^         *— 12.Dn&_of  the  grammarian,  13  -17.    Of  !ectureB"on"  historical 

reading.  18—31  .  .  .  .'  .  '        .    7C 


^     Ch.  X.  Of  other  studio  prellminarr  to  that  of  rhetoric,  31.    Necessity 
^—  of  them,  2 — 8-    Authority  of  th?  anctents  in  favour  of  learn- 

ing  muaio,  11—16.   'Union    of   mnsia   with   granunar,    17—21. 
Utility  of  musk  to  the  orator,  22-80.     What  sort  of  i 


knowledge  of  itj  46—48 77 

Ch.  XI.  Instruotion  to  be  racelred  from  t^"  "j^'i  '  1—8  Ho  ihonid 
correct  bu|ta  of  pronunciation,  4 — S.  He  should  give  directions  as 
to  look  sod  gesture,  9 — 11.  Passages  from  playe  dioaldbe  recited 
by  tbe  papil,  12.  13.  Passages  also  fVom  speechas,  14.  Exercisnt 
of  tJie  paleeatn  to  be  practiwd,  1 6—18  .  ,  ,    8S 

Ch.  XII.  No  fesr  to  be  entertained  lest  boys  should  be  engaged  In  loo 
many  ntudies,  if  judgment  be  used  ;  examples  of  the  nntnber  of    , 
thiuga  to  which  Uie  huniao  mind  can  attend  at  once,  %  I — 7.    [ 
Boys  endure  study  with  spirit  and  paMenoe,  8 — 1 1 .    Abundance  of    | 
time  tor  all  neceseary  acquirementB,  12 — 15.     UnceMpnable  pre- 
texts for  not  pursuing  gtady,  16^19    ,  .  .  .    91    ! 

f 
BOOK  II.  ■  / 

Cb.  I.  Boys  are  not  put  under  the  profesaor  of  rhetcrlo  sarij  enoa^;  H 
reasons  why  they  should  begin  to  receive  instruction  from  him  at  I 
an  earlier  age,  %  1—3.     The  profesdons  of  the  grammarian  and 
teacher  of  thetoric  idiould  be  in  some  degree  nnitad,  4~^18   •    M  I 


L,  Cookie 


I 


Oa.  II  CluHM  of  k  tMcliBr,  g  1^.    How  the  ttaolier  ahoold  conduct    ' 
hiicMlf  towards  his  pupils,  5— B.     How  tbe  pupils  ahould  bchava, 
9 — 13.    Soma  additiotul  obHerratioiiB,  14, 16    .  .    Page  99 

Ch.  IIL  a  pupU  alioald  be  put  under  an  nninent  teaohar  at  first,  not    ' 

under  an  inferior  one,  i  1 — S.     M'-'-fc-r  of  pareota  aa  to  this 

pcant,  3,  t.    The  beat  teacher  can  teach  little  Ihingi  bait,  ai  well 

1  OB  great  onea,  5 — 9.    Tbe  pupila  of  enunent  teaohera  will  alTonl 

I  bettereiamplaa  toeachothH',  10— 12  .  .  .102 

Ca.  IV.  Blemantary  exerciaeB,  {  1.  NairatiTei,  or  rtatementa  of  faoti,  ^ 
2 — I.  Bmbenuiee  in  early  compoaitious  bettar  than  stcrilitj,  t — 8. 
A  teacher  ahould  not  be  wiUijut  imagination,  or  too  mnch  givcD  to 
find  fault  witJi  hia  pupil's  attempts,  S-~\t.  The  pupil'a  compo- 
aitione  should  be  written  with  great  care,  1  iS — 1  "1.  EierciBea  in 
oonErmatiaD  and  refutation,  18, 19.  In  commendation  and  censure 
i>fnnurhablemen,20— 21.  Common  planes,  22— 28.  Thcaea,  24, 
SS,  Reasons,  26.  Written  pmparatians  for  pleadings,  27 — 82. 
Praise  and  oanaure  of  partioiUnr  laws,  33 — 40.  DeclamationB  on 
fictitious  subjects  a  later  invaotian,  41,  42     ,  ,  .    lOfi 

Ok.  Y.  Advantagea  of  reading  historj'  and  speeches  g  1 — 3,  On  nhat 
points  in  them  the  professor  of  rhetoric  abould  lecture,  4 — S. 
faulty  compOBition  may  sometimea  be  read,  to  exercise  the  pupil's 
iodgmant,  10—13.  URefulnesa  of  thia  eieroise,  14— IT.  Best 
sutbora  to  be  read  at  on  early  ag^  IS — 20.  The  pupil  should  be 
cautious  of  imitating  ve[7  ancient  or  very  modem  writers, 
21—28 114 


Ca.  VIT,  Pupila  should  not  always  declaim  their  own  Bompoottions, 


Cb.  TIIL  Tarie^  of  talent  and  disposition  in  pupils  requires  variety  of 
treatment,  B  1 — S.  How  fiu'  an  inclination  for  any  particular 
line  of  atndj  should  be  encouraged  and  sultivatad,  fl — 1 S     .    122 

l.IX.  Pupila  should  regard  tiietrtutoTB  as  intelleotual  parenta  .    125 

Ch.  X.  Bemarfcs  on  dec^atians,  §1,2.  Injudioiousnem  in  the  choice 
of  suligects  has  been  an  obetmction  to  improvement  in  eloqaenca, 
8 — 6.  On  what  sort  of  subjects  pupils  may  be  permitted  to 
declaim,  S — 8.  What  alteiations  ahould  be  made  in  the  common 
practice  9—15 12ff 

Cb.  XL  Some  think  instruction  In  oratory  nnneceasary,  g  1,2,  Boasts 
and  practices  of  the  ignorant,  3—5.  Some  study  only  parts  of. 
their  qKiMhea  ;  want  of  conneiiua  in  their  matter,  t — 7       .     12S 


f 


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Ck-Xn.  Wlytte  %■««■*  <ift»»w  to  ^a*  vJAaBafaMOM 

«rMlw^4.S.  »Bttt«yriiirfr*iiiij.iltriiwij.«r^»»»wA 
«&«.<.  Thwr  Ifcii^t.  I  ■Ll»ii  ilrik^  T.  Arp«^b. 
•Anat^M    of  ImmI    pab^    I.      U  I  I    «Mba  ^bn 

Tw««M  ia  <MtfW7.  «,  1*.  Oawii— By  tm  bb2  ■  '  '  te 
faa^n  «r  aolaiy.  1),  IS        .  .    f^e  ISl    , 

€■■  xm.  QimHfliM  Jow  — *  pw  ndw  fcMi  rtJA  ftaw  ■  — a«-    1 


yrM.«^»fty»«Ai«»Bti  ■i'lr.ltt.ll    Ott 

2S.    Tbat  «r  OatsMiB  Pbta;  t^tof  Flrto .    ., 

FknbiHk  £t— SI.    Tkat  af  CocBdiaa  Cain.  S3,    Olbr  dBfioi-  \ 
liMMB»a>prTO«dbrl>Miakuva-«T.    Qnaliba'i 


^. —  ^_. •■  -  A  b,  hm  bamtt^i.  «.     Iti 

t  iBBkaa  for    cnltirstion. 


tkiw  llMrt  M*  •flowed  t*  b*  hamrtM.  S.  9.     Ita  exadkooM. 
7~U.     The  abtudaat  ntan 


HuavUtCioaatkwBit^l*,  io.    Bn>r  oDBttutnafcaNtwlaii 
ontoc,  ll-lS.     Ogmoa at  Aiidt4it,  It.    Other  datsa  auiiut     . 
oratwr;  that  it  h«a  ■»  BMoliar  (olriactar  matto',  and  that  H    I 
a>M<aUN*«id»MiT«4M-rt.    B«ltatolM<irtlMa«(li<«1»— 2L 
LIMtairiraMaetM  to  it  that  it  lMaMiFtimrand.tt-4*.    Not 
mm^kimmUtmi^aUmnm^mta  mJJraifc  fl    tf    Aaadur  abjnv 
ttoa,  IJW  it  «W  ba  cuttad  on  aflkcr  lid*  at  a  qaation.  md  Uiat  J 
it  iwatndLito  ttattf;  aMwwiaJ.  SO— M.     Ontory  h  ■omeliiiu    f 
%M)DMt4riJw  tntkoTwlMtitaaaMti;  botlka.aamaiallM  c>J»« 


Cm.  XIX.  VatuK  and  art;'  »at«a  MBMbotoa  uom  to  oratorr,  in 
abatosUsf  BwdtntoabiUf,  tUaart;  ia  tboa*  of  gmtar  taJant. 
art  i*  of  auf*  aviil ;  ao  aHiopU        .  ,  .         - ,     160 


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OOHTBIITI.  u 

Ca.  XX.  WbrihtT  rtutorieb«»*irMK.  MaoQMOaUitill— 4.     PkmA    y 
of   this  Moording  to  tlw  ^uloaophtn,  6  —  T.     Otiiar  prooh, 
8—10       .  .        ' P^B  181 

Ca.XXI.  O^nioniutothembjwtof riiatockill— 4,    ThatafQulD- 

tilian,  whieh*gi««swithtlioMofPl>b>Hid(ai9Wv.fi.6.  ObJmdoDi  y 
to  it  Datioed,  7 — II.  No  dispnta  batwaan  riutoric  and  jdiiWaphjr 
about  thsir  reapactiTe  aabjacta,  12,  IS.  Tha  orator  Dal  obKgad  to 
know  eTeiything,  14,  16.  He  will  oftaii  ipakk  baUar  Ml  art*  tbui 
the  artistB  tbemaalvea,  10 — 19.  Tbe  op&ion  of  QnintdiMI  *up- 
ported  b;  thoaa  of  other  ktrtluin,  20— 3S        .  .  .    Jti 

BOOK  III. 
Ch.  I.  Quintilion  propoasi  lo  cooaidar  the  Tariooi  braochaa  tad  precepta 
of  orator;  more  fiitly  Utao  thn  are  geiMndl;  wt  forth  is  traatiaaa 
on  the  art ;  a  }art  of  hia  watt  more  dadimble  for  atDdanta  thu 
■igraeabla  to  (hem,  9  1 — 4.  DiTorsitiea  of  opiniooa  and  method*, 
^T.  Variona  writers  on  tha  art ;  the  Oraeki,  8 — IE.  Followara 
of  Hennagoraa,  Apollodoroa,  Theodoitia,  lA — 18.  Tha  Rouuna, 
19-21.  Quintilian  will  give  bia  own  ^inioa  on  matteia  aa  thej 
occur,  '22  .  ....  .  .    170 

Ch.  IL  Of  tha  oriate  ot  <«*totT,  I  I,  2.     Katon  and  art,  I.    Objec-      -^ 
tion  to  CioeroV  ootiQn,  4 170 

Ch.  III.  IHTidona  of  the  art  of  Oratory,  1  1-  3.  Varioua  opioiona 
respecting  tfaatn,  4,  E,  doero'a  not  always  tbe  aama.  6,  7. 
ppiniotia  of  aotne  Greek  writw%  8,9.  Of  the  order  of  the  diriaioD 
or  parte,  1 0.  Whether  they  should  be  called  parte,  of  woAa,  or 
elemanb),  11 177 

Ca.  IV.  Wbei^er  there  are  three  aorta  of  orator;,  or  more,  |  I — 3.    ,.■- 
Qnintilian  adherea  to  the  old  opioion  that  there  m  but  three  )  hia 
rtaaoiM^  4—8.     Opiuioiu  <if  Anaiimenea,  Plato,  laocntas,  6  —  11. 
Qdiutiliaii'B  own  method,  13 — IS.     He  does  not  assign  particular 
(ubjecta  to  aai^  kind,  IS         ....  ,     ISO 

Ch.  V.  Division  into  things  and  words  j  other  diTimons,  3  1 — S.  Qnet- 
tiona  oonoeming  what  ia  writt«D  and  what  is  not  written,  4. 
Definite  and  indefinite  quea&>n%  S — 7.  Species  of  indefinite  ones, 
S — 11.  Questions  on  general  aubjecta  not  lueleea,  12 — 16.  De- 
finition of  a  ouiae,  IT,  18         .  .  .  .  .183 

GH.yi.  Of  theKdte*  orifateof  asause,  I  1-4.    What  it  ia,  6— 12.        y' 
FroO)  whom  tlie  Itats  prooeeds,  the  aotmser  or  defendant,  18—21.     ^ 
How  man;  ilata  them  are  ;  the  ten  ostrgoriee  of  Ariatotit,  2-2 — 24. 
Others  roue  nine,  others  seven,  25 — 28.    Aa  to  the  number  at 
ilatm,  some  make  one  "^J,  20,  30.     OtJiers  two,  as  Arohidemua, 
Pamphiliw  ApoUodMma,  Theudorua,  Poaidonio^  Cornelius  Celao^ 


D,j„..;uL,  Cookie 


X  OOSTEMTS. 

SI— 33.  Aaother  mods  of  makiiig  two  ttoM^  40—43.  Hart 
BDtJion  make  thrm,  m  Cicero,  FatroclM,  Murciu  Autouiua, 
Tirginiui^  11—16.  AthantBus,  Cracdliiu,  and  Theon  m&ke  four, 
45—18.  The  qaadtipuiite  metliods  of  Arutotle  and  Cicero,  19, 
50.  Some  biiTe  made  fivs,  ax,  ■even,  eight  ilata,  SI — S4.  Dii- 
tinctioo  of  tUUut  miionales,  gvattiona  Ugala,  55—51.  Cicero 
ipeaka  of  a  itatia  negoiialu,  68,  69.  Eemugoraa  fiist  introduced 
txetptian.  60.  J/BBii  queatdons ;  AlbutiuB,  61,  62.  Quiutilian 
departs  in  aooi'  dsirree  from  the  method  which  he  formertj 
adopted,  63—67.  Hia  opinion  of  vcceptior-  •  remarks  hhuj  it. 
68 — 79.  In  every  cauM  there  are  thrtw  pointa  to  oo  aaoertameo, 
80^82.  A  fourfold  diviraon,  uaefal  to  leamerB.  S3— 8S.  These 
four  pointa  included  under  two  gtnera,  the  Tationaie  and  the 
Ugale,  86.  ST.  Reeeniblancei  in  the  gmut  legale  spring  frota  the 
three  poiatB  above-mentioned.  88 — 90.  In  every  aimple  cause 
there  la  but  one  tiaie,  91 — 93.  In  complex  causes  there  are 
several  tiata,  either  of  the  same  or  of  difihrent  khads ;  eiamples, 

64—104 .    Page  188 

Ch.  TII.  O  panc^Trlo  or  laudatory  eloquence  ;  not  wholly  distinct  from 
piacticBJ  discuasioo,  §  1,  2.  An  orator  does  not  always  speak  on 
doubtful  points,  3,  4.  Panegyric  aometimes  requires  proof  and 
defence,  and  very  frequently  amplification,  fi,  6.  Proiae  of  tbe 
goda,  7- B.  Fralsa  of  men  more  varied,  ID,  11.  Men  extolled 
for  personal  endowments  and  fortunate  drcumstances,  12 — II. 
For  mental  qoolifiaations,  IG,  16,  For  memoruds  which  tbe7 
leave  of  themselves,  17,  18.  In  censure  the  case  ia  rovcrsed,  IS--- 
21.  On  pruae  of  the  living.  22.  It  makes  a  difference  when  a 
panegyric  is  delivered,  23,  24.  Advontuge  may  be  taken  by  the 
orator  of  the  proximity  of  certain  virtues  to  nertain  vices,  2fi. 
Praise  of  cities,  placea,  publio  works,  26,  27.  What  state  most 
prevailed  in  this  department  of  oratory,  S8    ■  .  •    218 

'~'  Ch.  VIII.  Deliberative  oratoiy  not  Donfln«d  to  queatdons  of  utility,  S  I. 
Whethernothingiauaeful  but  what  is  honourable, 2,3.  DalibOTative 
oratory  not  concerned  wholly  with  the  itale  of  quality,  4,  6.  What 
kind  of  exordium  requisite  in  it,  6  — 9.  Statement  of  facta,  10,  11. 
The  pasaiona  to  be  moved,  12,  13.  Whether  it  solely  concerns 
atbirs  of  government,  14.  That  a  thing  can  be  done,  ia  either 
certain  or  uncertun,  17 — 21.  The  tffi'ee  topics  of  persuaeiOD,  I 
22—26.  Some  do  not  distinguish  topics  from  divisions  of  topics, 
27,  38.  The  pleasing,  the  naeful,  and  the  honourable,  29— 3S. 
Uae  of  examples,  86,  37.  How  things  that  are  honourable  may 
be  I'eoommended,  i    '  ' '  '  '         ' 


Authority  of  the  ape^er,  48.    Prosopopeite,  49 
— 6'.     In  the  schools  deliberative  subjects  have  a  great. resem-    I 
bloDca  to  cantrareraiee,  52 — S7,     An  error  into  which  deduDiers 
cut,  se-66.    AdTantageofreadinghistory,  67— TO      .        .    22-1 

Ca,  IX.  Of  judicial  oratoiy,  the  departments  of  it  often  injudidonsly  / 
inoreosed ;  the  proper  number  is  five,  §  1 — 6.  The  order  to  M  ' 
otwerved  in  speaking  and  wriUi^  7-0  .  .  .Hi 


D,j„..;uL,  Cookie 


CSh.  X.  A  auwe  resta  eitbeT  on  one  point  oT  eontrormy,  or  on  MranJ  ; 
on  poiuts  of  the  ume  or  of  diSbrent  kiod^  ),  1,  2.  ComiHUiioii, 
3,4.  We  moot  flnt  settle  the  kind  of  canae ;  what  points  are  to 
be  conaidered  next,  C  ....       Paga  812 

en.  XI.  Hennagona'B  metho'l  of  proceeding; ;  die  queation,  S  1 — S.  The 
mode  of  defence,  4 — 6.  The  point  for  decidon,  7,  8.  The  ground 
or  Bubstaoce  of  the  cauae,  9.  The  queaUon  and  the  point  for 
dedaion  may  be  conjoined  or  aeparale,  acoording  to  the  nature  ot 
the  csuee,  10— IT.  Opinions  of  Cicero,  18-20.  HemugoTa*  too 
fond  of  nice  mbdiTluous,  21 — SG.  Method  of  Theodonu,  26,  27. 
CoDolnuon,  28  ..,•..    344 

BOOK  IV. 
INTBODCCnON. 
The  gnuAaoBt  of  the  giater  of  Domitwn  committed  to  the  toHdon  of 
Qnintilian ;  a  new  notlre  for  care  ia  compoaing  hia  work.  He 
proceeda  to  apeak  of  Uie  exordium  of  a  apeech,  the  atatement  of 
tacts,  the  proof,  the  refutation  of  advene  allegationa,  and  the 
peroration         .......    2S1 

Ch.  I.  Etymology  of  the  word  proem,  S  1 — S.  An  erroneona  practice  io 
the  achooia  and  in  the  forum,  1.  Object  of  the  piiiem  or  exordium, 
S.  How  the  good  will  and  attention  of  the  judge  may  be  gained  l^ 
alluaian  to  different  characters  concerned  in  the  cause.  6 — 19. 
Farther  obeervations  on  the  same  subject,  '.10  -37.  DiStarence 
between  the  exordium  and  the  oonctqnon,  28,  2S.  Hsttera  con. 
nected  with  the  character  aod  the  cause  to  be  considered,  30 — 33. 
Solicitude  to  be  sbowu  by  the  pleader  j  brerity  to  be  promiaed  ; 
accurate  difisiou  of  matter  to  be  made,  33 — 3S.  To  conciliate 
the  judge  must  be  the  pleader'a  oonatant  object  throughout  hia 
speech,  37—39,  Five  kinds  of  causes,  40 — 41.  Some  msks  two 
purpoBBB  of  B  proem,  proposition  and  inainustion  ;  the  latter  more 
eaay  for  the  advocate  than  for  his  client,  12 — 19.  An  unneceasaiy 
rule  of  the  Apollodoreans,  GO,  CI.  Poiuta  to  be  regarded  in  the 
exordium,  62 — 60.  The  apeaker'a  mamory  muet  not  fail  him  in 
It,  61.  Its  length  must  be  proportioned  to  ttie  cause,  S2.  Whether 
apostrophe,  and  other  figures  of  speech,  may  be  used  in  it,  83—71. 
Whether  a  formal  exordium  is  always  necessary,  72 — 76.  Mode  of 
tranaiUoQ  to  the  statement  of  facta,  7B — 79  .  .  .    2S3 

Ch.  n.  Of  the  Blatement  of  iaota;  some  make  too  nice  distinotiona  ^^ 
respecting  it,  S  1 — 3.  A  formalstatomentnotalwaja  neoataary,*— 
8.  Those  are  mistaken  who  suppoae  that  a  statemant  is  never  neoea. 
aary  on  the  part  of  an  aooused  person  who  denies  the  chsrg^  9 — 16. 
What  the  judge  already  knowi  tnay  aometimei  be  stated,  20-  23. 
Thtf  sta-tement  need  not  always  immodiatelr  follow  the  exordium. 


D,j„.„^L,  Cookie 


1  COITTEirTN. 

wedtU^Sl— Sfi.    Of  alaaniMa,  39—89.    Of  btanU^  10—47.    Of 

cradibllit7,  48  -  SS.  Tha  ■btemenC  of  fiioti  ihonld  prepAre  tha 
Judge  for  the  proof  of  them,  G4 — 00.  Certaiii  qnalibei  luve  in 
judiciously  beea  nuvie  -  peculiar  to  the  atitameiit^  61 — 69.  A 
ridiculous  diraotion  th*t  the  (tAtement  should  be  omitted  in  a 
which  la  nnbTOOnblfl  to  u^  fl6.     Difficult  polnta  n 


B,  76 — 81.    We  most  somatimea  divide  our  statemeii^  ind 
iuTert  the  order  of  ooeurreDoea,  82 — 87.    Of  fictitjous  st 
Complexion  of  a  statement,  9 
le  foots  be  psjily  for  lu  and  pi 
Apostrophe  snd  other  Ggurea  absordly  .  .    . 

.meDt,   lOS  —  lis.      The  statement  should  be  embellislied  with 
every  grace  of  language,  IIS — 124.    Of  authority  in  the  pleader, 


S  1—8.    Not  alivays  nnreas<jaaU(^  4 — 8.    Some  preparation  ofteu 
iteccasary  before  prooeediilg  to  proof,  9— 11.    Digr^cdons  may  be   i 
made  in  any  part  of  a  'apeeoh,  but  those  in  the  middle  ahonld  be 
Bhort,19— 17   . SOI    I 

Ca.  IT.  Of  proportions  preparatory  to  proof;  not  always  neoeasary, 
g  I,  2.  Sometimce  Tei7  useful,  S,  4.  Tarioua  kinds  of  propoaitiona, 
and  remaAs  on  than,  6—0     .....    304 

Ca.  T.  FaititioQ  of  our  matter  generally  osefol,  1 1 — 3.  Whan  it  should 
be  omitted,  4— S.     Ezamples  from  Cicero,  10 — 12.     As  to  tIaUt  ot  i 
eoDJeoture  Hid  quality,  13 — 17-      Artiftoea  that  may  be  ueed,   ' 
18 — 21.     tJtllit;  of  partition,  and  the  proper  qualities   of  it, 
S3— 28 80T 

BOOK  V. 
INTRODDCTION. 
Some  ritetoridazu  have  thought  that  the  only  duty  of  an  orator  i£  ta 
faocA  /  others  have  called  this  his  chief  duty.    The  neoewt;  for 
this  book  .......    31S 

Ca.   I.    Inartificial   proofa.       Eloquence    not  ineffideiit  in  regard   to 


Ch.  IIL  Of  public  report    .  .  .  .  ,    SIt'J 

Co.  IT.  Of  eridenoe  exacted  bj  tortura     .  .  .  .81} 


L.Coogk' 


Ca.  T.  Of  thBnifataliMiofwi!JttantMiiiiiu>r        .  .    Pig«  SIS 

Oa.  TI.  On  offoring  to  l«ka  an  aMli,kiHlrM«iTlDj;aut  of  thaopposh* 
partf,  1 1,  8.  Aigumenta  od  ihe  nibJM^  B — E.  Judgment  of  th* 
experienced  nspcctiiig  it,  6     .  .  .  .    S18 

Cb.  til  Writtn  eridaiiM;  how  to  be  refuted,  1 1,  2.  Kodei  of  pro- 
ceeding with  ngud  to  wttnaw  thrt  a^iear  in  ponoo,  S-6.  An 
intiiiiate  knowledge  of  the  eaoae  neonwtry,  7,  S,  How  Tolnntarr 
witneisee  ahould  beprodooed,  9 — 11.  Caation  raqniiite  in  reepeot 
to  them,  13— U.  How  n  pleader  mnrt  act  with  ztgtzd  to  a  wit- 
nesH  vhom  he  knows  to  be  advene  or  hkTOotBble  to  the  aoonaad, 
IS — 19.  How  lie  mnst  act  in  regwd  to  one  whoa*  diepoaitioD  he 
I  does  not  know,  20,  31.  Of  the  iotetTOgatirai  of  witoenea,  33  -  S2. 
1  Of  the  coUieion  between  written  and  onJ  tertimoDr,S3-8L    Of 

'         ■apernatiml  teatiinony,  SG — ST  .....    S20 

Ch.  VIIL  Artifidat  proofi  too  mnah  neg^eetod,  |  1 — 8.     Hiere  are 


Ca.  IX.  DiArenoe  of  aigne,  indioationa,  or  dronmstantial  erideoee, 
trt>m  proofa,  t  1,  2.  Of  ooncliuiTe  ogna  or  indicationa,  3 — T. 
InconcluaiTe  aigna  are  of  weight  when  aopported  by  othera,  S — 11. 
1,13—11.    Of  pronoatioa,  IG,  10  .    380 


Cbi  X.  Of  Uie  different  namea  given  to  argnmenta  among  the  Oreeka 
and  Latiua,  §  1 — S.  Yarioua  aignificationa  of  the  word  argument, 
9 — 11.  In  every  oaoae  there  niuat  be  aomething  that  doea  not 
require  proo^  12 — 14.  Of  credibtlitiea,  IG — 19.  Uf  aonroea  from 
wmch  aivnmeuta  aM  drawn,  20—32.  From  the  character  of 
indiTidnala,  23—81.  From  oircnmatancea,  aa  motivaa,  place, 
time,  manner,  83 — (S.  Opportmiitiea  and  maana,  19—62.  Argn- 
menta  from  definition,  S3- -61.  Bemarka  on  (%»n>'a  method' 
ai^vunenl  and  definition  aaaiated  by  diviDon,  02 — 70  Ar^umenta 
trata  oommencement,  inoreaae.  and  event,  71,  7^  From  diau. 
militude,  oppoaitioD,  coniiequeDtiBlity.  78— TS.  From  eaoaes  and 
efieatB,  80—85.  From  coinpariaon,  88—89.  Too  many  aub- 
diviaiona  under  thia  head,  90—91.  ArgomeDta  irom  BDppoaitiDn, 
96 — 99.  Preoepta  not  to  be  followed  too  raperstjtjoualy ;  ez- 
amplea,  100 — 108.  An  orator  miiat  take  caie  what  lie  propoeea 
to  be  proved  ;  an  example,  109—118.  Utilitv  of  rulee,  119—131. 
Ncoeeuty  and  advantagea  of  atndy  and  practice,  132 — 13S  .     S31 

(te.  XL  Ofelampleaandinatancea,  S  1 — G.  Of  the  elBoieney,  and  variona 

apeciea,  of  siamplea,  a-rl6.     Of  eiamples  from  the  fablea  of  the 

Ssta,  IT,  18.  From  the  &blea  of  .^aop,  and  proverba,  1 9— 21. 
mpariaon,  22 — 2!>.  Caution  neceaaary  with  reapact  to  it,  38 — 
89.  Too  much  aob-diviaion  in  it,  SO,  SI.  Companaon  of  pointa 
of  law,  32,  33.  Analogy,  34,  36.  Authority,  86-  41.  Authority 
of  the  goda,  43.  Of  the  judge,  and  of  the  adv-ine  party,  48. 
Eiamplea  and  authority  not  to  be  numbered  among  inartifidal 
proofa,  44 Ssa 


D,j„.„^L,  Cookie 


Cb.  XII.  How  ttr  we  nu;  uM  dooblfiil  groundi  of  trgatatat,  S  !-->■ 
Soma  irgumenta  to  be  urged  in  a  body,  some  nugly,  i,  S.  Some  to 
ba  oftrefuU;  supported,  uul  refen«d  to  particular  pointa  in  our  awB, 
8,  T.  Not  to  be  too  numeroua,  8.  Argfumenta  from  the  charBa- 
tera  of  jpenoDi,  6 — 13.  In  what  order  argumeota  should  be 
■dronced,   11.     QuintiUaii  atatea  aummariij  what  others  baTe 


ground  of  deftoae,  1 — 6.   Nothing  to  be  guned  by  ailoDce  in  regatd    ■I. 
to  matter*  that  cumot  be  defended,  7 — 11.  We  may  attaok  aome  of    I 
our  advsraary'a  argpiments  id  a  body,  gome  eingly,  12 — 14.     What    3 
argameote  may  be  easily  refuted,  IS,  IS.     What  argumenta  of    |  I 
our  advaraiuy  may  be  turned  to  our  adTontage,   IT,  18.    Many   I 
will  Ikll  under  conjecture,  definition,  quality,  19 — 21.     Some  WF    \ 
the  advaraary'a  argumenta  may  be  treated  oa  unworthy  of  notice,     i  ' 
32.     Precedenta,  which  he  aaaumea  to  be  applicable  to  hii  oaae,   r    i 
we  muat  endeaTour  to  prove  inspplioable,  '28,  2*.     We  may  repeat  i     I 
the  atatementa  of  the  adversary  so  aa  to  weaken  Chem,  25 — TJ.    | 
We  may  aometunes  expose  the  whole  charge,  aometimea  partioular   ' 
parte  of  it,  28.    Bow  we  make  argumenta  common  to  both  sides 
adverse  to  us  ;  how  diacreponciei  in  the  pleading  of  the  adveraarj       I 
ore  t«  be  exposed,   29—33.     Som«  faulti  eaaUy  abown,  34,   36. 
Not  to  neglect  argumenta  of  our  adveraary,  and  not  to  be  too       ; 
aoiioUB  to  refute  ttaem  all,  39,  ST.    How  for  we  nboold  apore  our 
advenaiT  personally,  3S — 44.     Some  pleaders,  in  endeavouring  to 
expose  their  adversaries,  ^ve  oocsaioa  agajnat  (bemsBlvee,  46—48. 
Sometimes,  however,  we  nmy  represent  that  there  are  contradic- 
tions in  his  statements,  49,  GO.    A  pleader  ought  to  appear  con- 
fident of  the  justice  of  his  cause,  51,  G2.     Order  which  we  must        I 
observe  in  supporting  our  own  nrgumenta  and  refuting  those  of 
the  opposite  party,  G3—  55.    We  must  support  our  proofs  and       I 
refutations  by  the  power  of  eloquonce,  £8—68.     Foolih  dispute 
between  Theodorua  and  Apollodorua,  66,  SO  .  .    3T9 

Ch.  XIT.  Of  the  enthymeme  and  its  pnrts,  S 
■ad  its  parts,  fi — 9.  Not  always  of  tha  sk 

cheirema  of  the  orators  is  the  syllogism  of  the  philosophers,  14 — 
18.  All  the  parts  of  it  not  always  neoaasary  to  be  specified,  1 7 — 
10.  Three  modes  of  opposing  this  foim  of  argument,  20 — 23. 
How  the  enthymeme  difiera  from  the  ayllogiam,  24  -  26.  We  must 
not  crowd  our  speech  with  rhetorical  forms  of  argument,  27 — 82. 
We  must  not  leave  our  arguments  nnsmbelllshed,  B3 — SA    ,     394 


BOOK  VI. 
INTRODUCTION. 

Quintilianlamentstliathia  SOD.  whose  improvement,  in  conjunctioD  with  j 
tiial  of  tbs  sons  of  Maioallns  and  Cseaar,  h«  had  had  in  lien  w  | 


2.  Hb  hid  prvTuiiul;  lost,  duiing  the  oompodtion  of  anoUiw 
woA,  k  Toongar  mm,  u  wdlu  hit  wife,  t—S,  Abilitioa  of  which 
hie  childniD  g>T«  indicatknu^  T — 9.  Hi*  giiof ;  he  intnata  indnl- 
genoe  it,  in  oouaqnoMe  of  it,  he  piumea  hia  mric  with  lea  (pint, 
11>— 16 Page  «0S 

Ch.  I.  FeTontioiiof*Bpeeeh;theobjeeta^it}iom«tUnkUiatit>hould   , 
oonnvt  wholly  of  tvoafdtnlataini,  |  1 — B.     Appeal*  to  the  ftelinga 
1B*J  be  nude  t:^  the  aoenaer  and  the  advocate  alike,  0.    What 

the  exordium  and  the  perontion  bava  in  common,  and  in  what 
renwcts  they  differ,  10—11.  Tha  accmer  excites  the  feeling* 
either  bj  ahowing  the  heinanmea  of  the  charge  which  tie  make*, 
or  the  pitiable  condition  of  the  par^  for  whoa  be  seek*  ledresa, 
16 — 30.  What  qoalitiea  excite  fading  in  bvoar  of  an  accuaed 
person.  21,  23.  SoUcitalioni  for  pitj  ma;  have  great  effect,  but 
should  not  be  long,  23-38.  Modes  of  eidting  pity,  2S — 38. 
How  penODfi  who  lire  introdaced  to  move  pity  at  the  concliuion 
of  a  Bpeecli,  ahould  bebaTS  thenuelTea,  8T— 43.  No  ontormoat 
attempt  to  drew  tear*  trom  the  judges  dnlea*  he  be  a  man  of 
great  ability,  H,  46.  It  i*  the  part  of  the  peroration  to  dispel 
coinpaadanat«  emotion*,  aa  well  as  lo  excite  them,  4fl— 18.  Pero- 
mtioiiB  uiraetimes  of  a  Tcry  mild  character,  60.  Appeals  to  the 
feeiliDg*  may  be  made  in  other  parte  of  a  speech  as  well  as  in  the 
pworatloD,  91— GS      ,  .  .  .  .  ,407 

Cb.  II.  Neceacty  of  atudjing  how  to  woA  on  the  minds  of  the  judges, 


^pila  she 


■hould  be  exerdsed  in  thu  in  the 
.     420 


Cb.  in.  Of  the  power  of  exciting  laughter  in  an  aodience,  §  1.  There 
na*  little  of  it  in  Semoatheneii;  peth&p*  a  laperabundanoe  of  it  in 
Cicero,  2— S,  Causes  of  laughter  not  snfHcientlj  explaiued,  6,  7. 
Is  of  gi«at  effect,  8 — 10.  Depends  far  mora  on  nature  and 
faronrabls  circnmetanco  than  on  ar^  11 — 13.  No  iuBtruetioDs 
given  in  exciting  laughter,  14 — 16.  Tarioua  names  for  jocularity 
or  wit,  IT — 21.  Depend*  pBrtly  on  matter,  partly  on  word* ; 
snhjecbi  of  il^  23—24.  Laughter  may  be  excited  by  aome  act,  or 
look,  or  gesture,  2fl — 27.  What  ia  becoming  to  the  orator,  28 — 32. 
What  to  be  avoided  by  him.  33 — 3S.  Topics  far  jestjng,  and  modes 
of  it^  36-4S.  Ambiguity  in  words,  47—66.  The  beet  juts  are 
taken  &om  thing*,  not  from  words  ;  of  omilarity,  67 — 1>2-  Of  die- 
Utnihui^,  03,  04.  From  all  forms  of  argument  arise  occaiuona  for 
jesting,  66,  66.  Jeste  in  the  form  of  trapes  and  figures,  07 — 79. 
Of  jocular  refutation,  71 — 78.  Of  eluding  a  charge;  of  pretended 
confeffiioQ,  T[l — 81.  Some  kinds  of  jests  are  beneath  an  omtor, 
68,  83,  Of  deceiving  expectation,  B4r— 87.  Of  jocular  imitation, 
a.    Of  attributing  thoughts  u  onrseives  or  other*  ;  and  of  b'ony, 


D,j„..;^L,  Cookie- 


m  coBTKim. 

89—92.    The  last  offenuTC  jokea  are  the  best,  93— SE.    Quota-  ' 

tiout  from  poati,  pntverlw,   and   aneodotea,    96 — 9B.      Appweot  t 

abaorditu^  99,  100.     Domitiui  Ibmia  cunroiiDdf  politmesa  with  ( 

bumour,  101—107.    Hii  dutiuolioiu,-  lOS— 113        .       Page  430  1 

Ca  lY.  R«nark>  on  ailtnatioii,  or  iliMnijnrai,  S  1—6.  Too  much  neg-  ) 
Ucted  by  some  plndon,  6,  7.  '  Qoaliffcotioiu  IDquiinta  for  Baccega  ' 
in  it ;  acntanen,  knowledge  of  the  o»8e,  good  temper,  attention  tc 
the  nudn  qoeatioa,  B — 13.  Further  obaerral^ona,  1 4 — 16.  Wemaj 
dinemble  our  itrangth,  in  order  to  miileid  oar  MiTerBuy,  17,  18. 
Dijqioaition  of  the  judge  to  be  obaened,  19,  20.  The  student 
■hould  exentiie  himielf  in  this  depsitmeni,  21.  Order  of  proofs 
it  importut,  22  .  .  .  .  .  .    4S6 


t,  Google 


QUINTILTAN 
EDUCATION  OF  AN  ORATOR. 


QUHTTILIAN  TO  TETPHO,* 

WISBINO   BKAI/ra. 

Tod  have  prevailed  on  ids,  hj  your  daily  importonity.t  to  pn>> 
ce«d  at  once  b>  publish  the  books  on  the  Education  of  an  Orator, 
which  I  bad  addressed  to  aiy  friend  Uorcellus ;  for,  for  mj 
own  part,  I  thought  that  the;  irere  not  ;et  sufficiently  advanced 
towtuds  perfection.  J  On  the  o<)it]po6ition  of  them,  as  tou 
know.  I  spent  Uttlg  morg  than  jwQ  years,  «ttile_  distracted  bj . 
80  many  other  occupations  ;§  and  this  time  was  devotM.  not 
60  much  to  the  labour  of  vmlinff.  as  to  that  of  researoh  for  the  . 
almnat  hguflilleip  woi^V  which  J  baj.  OudertAlwiU-BAd . JA  ItlB^ 
perusal  of  authors,  who  are  innumerable.  Following,  besides,  the 
mivine  of  Hbrnce.  who,  in  his  Art  of  Foetrj,  recommenda  that v 
pnblinfttinn  shtjuld  not  he  hurried,  and  that  a  work  tkotdd  b» 
retained  tUl  the  nintk  year,  I  allowed  time  for  re-oonsidering 
them,  in  order  that,  when  the  ardour  of  invenuon  had  cooled, 
I  might  judge  of  them,  on  a  more  careful  re-pemsal,  as  a 
mere  reader.  Tet  if  they  are  so  mach  demanded,  as  you 
Ht;,  let  us  give  our  sails  to  the  winds,  and  pray  for  success 

*  An  emiiunit  bookwiller  at  Boma,  uuaitioDed  by  MaxtUI,  iv.  72; 

+  Omvjn'o.]  Thu  word  ii  Dot  naed  hen  in  >  reproachful,  but  in  a 
fHsnd^HiHa;  u  in  Cicero,  Ep.  tA  Q.  Pnttr.  iL  10  :  Bpitiiiam  lutme 
convKW  iffiagmrunt  evdiaUi  (ui.  See  kIbo  Go.  kd  Div.  xii.  36,  and 
Pb>  Clnant.  o.  27,  irher*  eoni'idum  maximmm  ftat  ia,  u  Spoldiiy 
obHTVSB,  for  maximepen  etmtatdit,  pcpoKit.  "  Bj  anwintw*  ha  masM 
aarrima  frtca'    RcSi^ 

X  iSUu—vuilimiuK.]  Nondrnn  Bstia  sunt  oipoliti.    Btgitu. 
~  '   Uofii  titgMt  dittrMut.]  "  DUtncted  otbenriM  bj  lo  nunjr 
DS.      He  lud  not  only  to  work  at  hii  txMik,  bnt  to  ettend  to 
i'b  eAin.    Two  manuiorlpta,  wji  Bnrmuui,  Iibt*  oiimHi 


..Google 


u  we  loose  our  oable.*  But  maoh  also  depends  on  yourT 
&ithfa]aes8  and  aare,.  that  tfaej^nay  come  into  the  hands  of  ' 
the  public  in  aa  correct  a  state  aa  possible. 

^_  JI 

PREFACE, 

MAECELLUS  VTCTOEITTa. 

The  abjeot  and  intantloii  of  the  woi^  {  I — >.  To  vhom  dedicated,  fi.t 
UiututhoriEod  publtoatiom  under  the  name  of  Quintilian,  T.  Thn 
prDfennaiia  of  the  rhetoridui  and  pbilnaophar  ven  totmtrlm 
united,  9—16.  The  perfect  ontor,  17.  Parbtioo  of  the  woA,  3li 
23.    Pnrther  obnrratioiu  on  t«aohiiig  and  qieaking,  SS~S7.        T 

When  certtun  persona,  afwr  I  had  secured  rest  from  mi 
labours,  which  for  tweo^  years  I  had  detoted  to  the  instructioa 
of  Tonth,  requested  of  me,  in  a  friendly  maDner,  to  write  some- 
thiDg_on_the_art  of  speakings  I  certainly  resisted  their  soUcita- 
tiona  for  a  long  time ;  because  I  was  not  ignorant  that  authora  j 
^of  the  greatest  celebrit;  in  both  languages  t  had  bequeathed  to 
posterity  many  treatises  having  reference  to  tins  subject, 
wTitten  with  the  greatest  care.  S.  But  hj  the  very  plea  on 
which  I  thought  that  eicuse  for  my  refusal  would  be  more 
reaiiily  admitted,  my  friends  were  rendered  still  more  urgent ; 
"since,"  they  said,  "amidst  the  various  opinions  of  former 
writets,  Bolne  of  them  contradicting  each  other,  choice  was 
difficult;"  so  that  they,  appeared,  not  uiyi^tifiably,  to  press 
^  upon  me  the  task,,  if  not  of  inventing  new  precepts,  at  least  I 
of  pronouncing  judgment  concerning  the  old.  3.  Although  t 
however  it  was  not  so  much  the  confidence  of  accomplishing 
what  was  required  of  me,  as  the  shame  of  refusing,  that 
prevfuled  with  me,  yet,  as  the  subject  opened  itself  mon 
widely,  I  v<duntarily  undertook  a  heavier  duty  than  was  laid 

■  Oram  talptKMiu.]  That  the  word  era  msuig  fuait  twMtic^t  ii 
■{^areat  bom  Idvy,  xiiL  19 ;  iituL  S6,  on  which  paasages  the  read«( 
u^  oouult  Drakmborcb'a  edition.  QCdntilian  bImj  uses  the  word  ii 
the  aame  aeaat  in  iv.  3,  41.  it  is  ^tl]>  obaerved  by  Qeauer,  in  U^ 
Tbeeaurus,  that  the  word  in  thii  sigoificaljoa  Mema  to  have  befi 
-peculiar  to  Uu  common  r^opl^  i^  taiton,  and  is  oonsaqueatlj  b  ' 
ran  among  writera.  Spalding, 
f  iMiu  sad  Qreek.    DaOt  Mntoatt  uiriittque  liitgita,    Hor, 

D,j„..;uL,  Cookie 


PRZFACB.]  EDDCATIOK   OF  AK   OKATOB.  I 

upon  me,  not  onlj  that  I  might  oblige  my  best  frionds  br 
fuller  compliance,  but  also  that,  while  pursuiug  s  common  roM, 
1  might  not  tread  mere);*  in  other  men's  fbotsteps. 

i.  Other  authors,  who  have  commitl^  to  writing  th«  art  of 
oratory,  have  in  general  commenced  in  such  a  manner,  aa 
if  they  were  to  put  the  last  hand  of  eloquence  t  to  those  who 
w«re  accomplished  in  eieiy  other  kind  of  leamiDg ;  whether 
from  despising  the  branches  of  knowledge  which  we  previousl/ 
learn,  as  insignificant,  or  fibm  supposing  that  they  did  not  foil 
under  their  prorince,  the  duties  of  the  professions  being 
distinct;  or,  what  is  more  probable,  from  expecting  no  credit 
to  '  their  ability  in  treating  of  subjects,  which,  however 
necessary,  are  yet  fai  removed  from  display ;  as  the  pinnacles 
of  bnildings  are  seen,  while  the  foundations  are  hid.  ^  For 
myself,  as  I  consider  that  nothing  is  unnecessary  to  the  art  of 
oratory,  without  which  it  must  be  confessed  that  an  orator 
cannot  be  formed,  and  that  there  is  no  possibility  of  arriving  i 
at  the  summit  of  any  thing  without  previous  initiatory  efibrts  ; 
I  shall  not  shiink  from  stooping  to  those  lesser  matters,  the 
'neglect  of  which  leaves  no  pi  see  for  greater ;{  and  shall  ; 
proceed  to  regulate  the  Btiidies  pf  the  orator  fmm  hia  infani-j,  y 
juetas  if  he  were  entnistfid  hi  me  lo  be  brought  up, 

6.  This  work,  Marcellus  Victorius,  I  dedicate  to  yon,  whom, 
as  being  most  friendly  to  me,  and  animated  with  an  extra- 
ordinary love  of  letters.  I  deemed  most  worthy  of  such  a 
pledge  of  our  mutual  affection ;  and  not  indeed  on  these 
considerations  alone,  though  these  are  of  great  weight,  but 
because  my  tr^tise{  seemed  likely  to  be  of  use  for  the 
instruction  of  your  son,  whose  early  ^e  shows  his  way  clear  to 
the  full  splendour  of  genius ;  |]  a  treatise  which  1  have  resolved 

*.  Detmm.']  Evidentlr  pat  foi  IwiIihb,  the  nation  of  time  L«iiig  sat 
wide  or  foi^otten.  Tbe  word  ia  often  Uioa  UMd  in  QuiQtiliui  and 
otfasT  writerB  of  tbe  aune  oga.  So  PauIoB  Diooonui  sayi,  from  Featiu, 
"  Alii  dflawn  pro  dmnlaxai  pomerunt."  See  also  Ruboken  on  Butilius 
LDpas,  p.  ST.    SBoUUng. 

t  PerfeaU—nnmam  eloquaHiu!  numum.]  The  word  aaqaentia  a  to 
~  B  taken  ■■  u  a  ganitive,  not  aa  a  dative  ;  tbe  dative  ia  perftclU. 
' '  iitg.    Bnrmaim'i  edition,  and  othens  prior  to  Qtuner'i,  tuve  nun- 

jn  ^omentid  mamim. 

t  Qua  n  ntgligat,  non  lit  m^ori&mt  loctui]  ''  Which  if  joa  neglect 

ere  is  do  place  for  greater.' 

g  LOri.]  Th«M  twelve  books  on  the  education  of  an  orator. 

-    '  "" "'" yi'lMmtn.']  Moaellanua  cites  Cicero,  Brut.  c.  16.    Ut  enin 

B  3 

D,j„..;^L,Coo^|i: 


A  QOINTtUAN.  [PBXFACK  ■] 

to  oondnct,  from  tbe  verj  cradle  aa  it  were  of  oratorf,  through  f 
all  the  atudies  which  can  at  all  assist  the  future  speaker,  to  the  fl 
Bnmmit  of  that  art  7.  Thia  I  the  rather  designed,  because  {' 
two  hooka  od  the  Art  of  Bbetoric  wore  already  in  circulation  '  I 
under  m;  name,  though  neither  published  bj  me  nor  composed  | ! 
for  that  object ;  for,  after  holding  tvio  days'  discourse  with  me,.  I 
•ome  youths,  to  whom  that  time  was  devoted,  han  utught  u^  ' 
the  first  by  heart ;  the  other,  which  was  learned  indeed  in  a.'  I 
greater  number  of  days  (as  far  as  they  could  learn  by  taking 
notes),  some  of  my  young  pupils,  of  excellent  disposition,  bat  | 
of  too  great  fondneaa  for  me,  had  made  known  through  tbe  in-  . 
discreet  honour  of  publication.  6.  In  these  books,  accordingly,  ' 
there  will  be  some  things  the  same,  many  altered,  very  many  ' 
added,  but  all  better  arranged,*  aud  rendered,  as  far  aa  £  shall  | 
be  able,  complete.  , 

9.  We  are  to  form,  then,  the  perfect  .oratori_v^o  cannot     | 
t  nnleaa  as  a  good  man  :t  and  we  require  in  bim.  tbere- 


t  the  prin- 
ciples of  moral  and  honourable  conduct  are,  as  some  have 
thought,  to  be  left  to  the  philosophers ;  since  the  man  who  can 
duly  sustain  hia  character  as  a  citizen,  who  U  qualitied  for  the 
management  of  public  and  private  af&irs,  and  who  con  govern 
communities  by  his  oouiisela,  settle  them  by  means  of  laws, 
sod  improve  them  by  judicial  enactments,  can  certainly  be 
nothing  else  but  an  orator.  11.  Although  I  acknowledge, 
therefore,  that  I  shall  adopt  some  precepts  which  are  contained 
in  the  writings  of  the  philosophers,  yet  1  shall  maiutotn,  with 
justice  and  truth,  that  they  belong  l«  mj  subject,  and  have 
^  a  peculiar  relation  to  the  art  of  oratory.  19.  U_ffiiL_have  ', 
constantly  occasion  to  discourse  of  justice,  fortitude,  temper- 
ance,, aiii Jlther^  similar  topics,  so  that  a  cause  can  scarce  be 
fnani  in  which  some  such  discusaion  does  not  occur,!  and  if 

'   \   ^ 

.  '  homiaii  deoui  ingnnlnm,  Ai  ingmii  Ipaiui   Iubka   «t   sloquentia. 
"  QuiDtQiui  ma;  be  thoiu-ht  to  have  had  thaw  words  of  Cic«ro  ia  hi> 
mind,  if  the  rwdiag  of  vm  text  be  but  sound."    Spalding. 
'  CompotSiOFa.']  Magis  ordioalaj  In   unam   camnanm  mnnmiiint     < 

1  See  this  point  digcuued  at  leogth,  b, 
j:  In  quam  non  aliqua  qaoMio  tx  kit  incidat 
ticiD  of  thase  (quBvlions)  doea  Dof  '"  " 


if  1  "  Oa  wbinb  Kline  qoM 

,„..;'^L,Coo^lc         1 


ntlTACB.]  BDCCATIOM  OF  AS  OBiTOE. 


tect  and  copiousness  of  language  are  required,  the  art  of  the 
orator  is  to  be  there  pre-eminently  exerted?  19.  These  two 
acconplishmeats,  as  Cicero  vet;  plaialy  protes.t  werS,  as  / 
they  are  joined  by  nature,  so  also  nnitad  in  practice,  so  that  ' 
.the  saine  persons  were  thought  at  once  wise  and  eloquent. 
Subsequently,  the  study  divided  itself,}  and,  through  want  of 
art,S  it  came  to  pass  that  the  arts  were  considered  to  be 
diverse ;  for,  as  soon  as  the  tongue  became  an  instrument  of 
gain,  and  it  ^vas'  made  a  practice  to  abuse  the  gifts  of  elo- 
quence, those  who  were  esteemed  as  eloquent  abaodoued  iJie 
care  of  morale,  which,  when  thus  neglected,  became  as  it  were 
the  prize  of  the  less  robust  intellect8.|  14.  Some,  dis- 
hking  the  toil  of  cultivating  eloquence,  afterwards  retomed  to 
the  disciphne  of  the  mind  and  the  establishment  of  rules 
of  life,  relAJning  to  tbemselves  the  better  part,  if  it  conld 
be  divided  into  two;  but  asaumtug,  at  the  same  time,  the 
most  presumptuous  of  titles,^  so  as  to  be  called  the  only 
cultivMors  of  wisdom ;  a  distinction  which  neither  the  most 
eminent  commanders,  nor  men  who  were  engaged  with  the 
utmost  distiuctioD  in  the  direction  of  the  greatest  afiairs,  and 
in  the  management  of  whole  commonwealths,  ever  ventured 
to  claim  for  themselves ;  for  they  preferred  rather  to  practise 
excellence  of  conduct  than  to  profess  it  15.  That  many  of 
the  ancient  professors  of  wisdom,  indeed,  both  delivered 
virtuous  precepts,  and  even  lived  as  they  directed  others  to 

■  iMmOioiu.]  The  faculty  of  finding  out  argumenta,  and  all  that 


"TVf  IMtrS  apmiuimi  aBi^.]  See  Cio.  Orat  c  IS.     "  OoBigert  eat 

Tmentia — coDoludrre  et  camprobore."  SegUu. 
It  waa  in  the  time  of  Socratsa  that  eloquence  waa  first  aepanted 
froDi  philOBOph; ;  for  aoont«B,  Betting  at  nought  and  throwing  discred't 
upon  rhetoric,  devoted  hinueV  wholly  to  pbiloaophiool  diacuaaiou. 
Turtulnu.  See  CJc  de  Orat.  iiL  10;  Menag.  ad  Liwrt  i.  12.  JJme- 
lovam.  ' 

§  ItiertiA  faetwm  at   Kt   arta  mte  pUmi  vidfitHlm;']   QninUlian, 
tayg  Spalding  eridently  playa  upon  tbe  woida  iHerlid  and  artet.     By 
"  ■  ma  to  mean  mmt  of  art  or  judgment  to  keep  the  two 

M,  that  of  rhetoric  and  that  of  philoaophy,  united. 
II  Infrmioribm  tn^tnui.]  Ha  calla  them  vnjfrmt^nt,  u  being  unfit  ful 
pnblio  buainen.    Bigiut. 
H  Namely,  that  of  phfloaoplioTB  jcot'  1Cox4>'> 


D,j„..;uL,  Cookie 


6  qvnrmjAH.  [pbetux. 

lire,  I  *riU  read  iy  admit ;  but,  io  our  own  timee.*  the  greatest 
Tic«8  have  been  bii]  under  this  name  in  manj  of  the  profesaora; 
for  thei"  did  not  strire,  W  tirtne  and  study,  to  be  esteemed 
pbiloBophera ;  but  adopted  a  peculiarity  of  look,  ansterilf  of 
demeanour,  and  a  dress  difTerent  from  that  of  other  men,  as 
cloaks  for  the  nlest  immoralities. 

16.  But  those  topics,  which  are  claimed  as  peculiar  ta 
philosophy,  we  all  everywhere  discuss;  for  what  person  (if  he 
be  not  an  utterly  corrupt  charactert)  does  not  sometimes  speak 
'  of  justice,  equi^,  and  goodness?  who,  eren  among  rustics, 
does  not  make  some  inquiries  about  the  causes  of  the  operations 
of  nature  ?  As  to  the  proper  use  and  distinction  of  words.^  it 
ought  to  be  common  to  all,  who  make  their  langut^e  at  all 
an  object  of  care.  17.  But  it  will  be  the  orator  that  will  under- 
stand and  express  those  matters  beet,  and  if  he  should  ever 
arrive  at  perfection,  the  precepts  of  virtue  would  not  have  to 
be  sought  from  the  schools  of  the  philosophers.  At  present  it 
is  necessaiy  to  have  recourse,  at  times,  to  those  authore  who 
have,  as  I  said,  adopted  the  deserted,  but  pre-eminently  better, 
part  of  philosophy,  and  to  reclaim  as  it  were  what  is  our  own ; 
not  that  we  may  appropriate  their  discoveries,  but  that  we  may 
show  them  that  they  have  usurped  what  belonged  to  others. 

18.  Let  tbs  onttor.  tbftrefore,  be  such  a  man  as  may  be 
called  truly  wise,  not  blameless  in  morals^  only  (for  th^  in 

■  Qulniiliui  ■eeniH  to  have  written  these  abMrv^tiouB  kftor  the 
philoaophen  were  ejected  from  the  city  by  the  edict  «[  Domilun. 
PHiaiu.  Dodwell  thinks  that  QiuDtilUii's  work  was  Snishsd  bsfore 
DomiUui's  edict,  and  supposen  that  he  woul  1  not  hare  ventniad  ts 
pnJsa  philosophy  or  philoeophars  at  all  after  auob  an  edict ;  but 
Domitiaii,  M  Spaldiiig  obiterves,  nished  to  be  regarded  an  haiiog  pro- 
scribed the  pntunded  philosophers  of  his  time  on  aoconnt  of  the 
badnesa  of  their  chancten,  not  ss  haviag  ooDcnved  n  dislike  to 
philoaophy  in  geoeml.  There  are  aome  satinoal  versea  on  th'i  edict 
■aoribad  to  the  poetess  Sulpicia.  On  tlie  cbancter  of  the  hypocritical 
philoaophen  of  that  day,  aee  JuTsiml,  ii  3,  stque  alibi 

t  Modi  wow  et  nr  Mwimit-.]  For  et  Bunnonn  would  read  nf. 
"  Qaintiliao  reflects  od  those  seosslesa  fellows  (at  i^om  thne  has  been 
•bundanca  at  aU  timea),  who  ouiDot  evea  speak  decently,  bat  indolga 
in  libaldij,  irithout  Um  least  regard  for  Uieir  character.*    Partut.      , 

t  Th*  atUntive  reader  wiU  notice  that  Quintiliao  aHodea  here  ti' 
the  tbrae  ohisf  departmeuta  of  philosophy,  ethics,  phyaici,  and  d 
IsotiM.    Asiur. 

i  both  morals,  a 


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PRSPAOB.]  KDUOATIOM  Of  AK  O&ATOK.  7 

"7  "riniiftn   frll'tj''  °"""'  ■^'--p""  — "*■  -m    j-  oot  enon^). 

tion  for  apeaking;  a  chantcter  such  as.  pprhinw,  ni^  ypn'r^ 
tiiBL  MM.  JD.  .bWt  we  Sb  not  the  lesa,  for  that  reasop,  to  aim 
ar*perlSSDon,  for  which  most  of  the  ancients  Btrove;  who, 
though  they  thought  that  no  wise  man  hod  ;et  been  found. 
ueTertheless  laid  down  directions  for  gaining  wisdom.  QU. 
For  the  perfection  of  eloquence  is  assuredly  something,*  nor 
does  the  nature  of  the  haman  mind  forbid  as  to  reach  it ;  but 
if  to  reach  it  be  not  granted  us,  jet  those  who  shall  strive  to 
gain  the  summit  will  make  higher  advances  than  those  who, 
prematurely  conceiving  a  despair  of  attaining  the  point  at 
which  they  aim,  shall  at  once  sink  down  at  the  foot  of  the 
ascenL 

SI.  Indulgence  will  so  much  the  more  then  be  granted  me, 
if  1  shall  not  even  pass  over  those  lesser  matters,  which  yet 
are  necessary  to  the  work  which  I  have  uodertaken.  The  first 
book  will,  therefore,  contain  those  particulars  which  are  ante- 
cedent to  the  duties  of  the  teacher  of  rhetoric  In  the  .second 
we  shall  consider  the  first  elements  of  inauuction  under  the 
hands  of  the  professor  of  rhetoric,  and  the  questions  which  are 
asked  concerning  the  sulgect  of  rhetoric  itself.  33.  The  five 
next  will  be  devoted  to  invention  (for  under  this  head  will  also 
be  included  arrangement),  and  the  four  following  to  elocution, 
within  the  scope  of  which  Ml  memoir  and  pronuucialion. 
Oue  will  be  added,  in  which  the  orator  himself  will  be  com- 
[detely  formed  by  ns,  since  we  shall  consider,  as  far  as  our 
weakness  shall  be  able,  what  his  morals  ought  to  be,  what 
shoold  be  bis  practice  in  undertaking,  studying,  and  pleading 
causes ;  what  should  be  his  style  of  eloquence,  what  terminik- 
tiont  there  should  be  to  his  pleading,  aud  what  may  be  his 
employments  after  its  termination. 

S3.  Among  all  these  discussions  shall  be  introduced,  as 

occatiion  shall  require,  the  art  of  bpeaiinq,  which  will  not 

only  instruct  students  in  the   knowledge  of  those  things  to 

*  Alitpid.]  Something  tb&t  may  ftctuftUy  be  attuned ;  not  a  nun 

fivtion  at  the  inuinuatiaQ. 

'  t  Whan  he  ahiQl  le&ve  off  pleading  niuea,  md  devote  himself  t< 
''  r  empUiTiaeiit  ]  for  the  orator,  «veii  when  be  hu  ceased  t 
tin  u  an  orator,  u  not  to  consider  hiinieir  whollr  relaused  froni 
ii  vocation.    Spaidiag..    He  SHt*  initruot  and  adviw.    Se*  Cic,  Orak 

Lis. 


.,  Cookie 


8  qvnmuAS  {yaxnct. 

which  alone  some  have  given  the  nama  of  art,  and  interpret 
(so  to  express  myself)  the  law  of  rhetoric,  but  maj  serve  to 
nourish  tiie  &cnltjr  of  speech,  and  strengthen  the  power  of 
eloquence;  it.  for,  in  general,  those  bare  treatises  on  art,* 
through  too  much  aRbctation  of  subtilty,  break  and  cut  down 
whatever  is  noble  in  eloquence,  drink  up  aa  it  were  all  the  blood 
of  ibought,  and  Isj  bore  the  bones,  which,  whUe  the;  onghl  to 
exist,  and  bo  be  united  by  their  ligaments,  oi^ht  still  to  be 
coTered  with  flesh.  S5.  We  therefore  hare  not,  like  most 
authors,  inctnded  in  our  books  that  small  portf  merely,  but 
whatever  we  thought  useful  for  the  education  of  the  orator, 
explaining  every  point  with  brevity  ;  for  if  we  should  say,  on 
every  particular,  as  much  as  might  be  said,  no  end  would  be 
found  to  our  work. 

36.  It  ia  to  be  stated,  however,  in  the  first  place,  that  precepts 
and  treatises  on  art  are  of  no  availwithont  the  assistance  of 
nature ;  and  these  instructions,  therefore,  are  not  written  for 
him  to  whom  talent  is  wanting,  any  more  than  treatises  on 
agriculture  for  barren  ground. 

37.  There  are  also  certain  other  natural  aids,  us  power 
of  voice,  a  constitution  capable  of  labour,  health,  courage, 
gracefulness ;  qualities  whi<^,  if  they  fall  to  our  lot  in  a 
moderate  degree,  may  be  improved  by  practice,  but  which  are 
often  so  ^  wanting  that  their  deficiency  renders  ahortive  the 
beneSts  of  understanding  and  study  ;  and  these  very  qualities, 
likewise,  are  of  no  profit  in  themselves  without  a  skilful 
teacher,  persevering  study,  and  great  and  continued  exercise 
in  writing,  reading,  and  speaking. 

•  Auia  iila  arid.]  At*ei  was  a  name  for  books  oonUining  rulen  of 
rhetorio.     Spaldiiiif, 

+  PaHinUan  iltiaiii]  By  p^rtieija  Quintilian  mcniu  the  mere  brief 
rules  on  the  dibnot  psiii  c€  alo^aBuoc^  laid  down  l>y  otiier  wril«n  on 
thsut.    JUgiut. 


1 


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■DCCATION  OF  AM  ORAtOB. 


CHAPTER  I. 
1  the  cspacitiea  of  tx^  in  gsneral,  |  1 — S. 
Of   panmta,    bUt«b,   i     ^  .    .     . .       - 

Greek   sod  Latio,   13—11. 


Of   panmta,    bUtcb,   and   padagogi,    9 — 11.     Of  lunniiig 

[   and  Latin,   13 — 1*.     Of  ito  proper  age  for  beginniDg  to 

leun,  15—19.     Of  the  proper  method  of  teacLing  cfaildren.  'M — 


34.  Of  leamiog  the  ^pb&bet,  and  of  writing,  25— 2ir~  Of  learn- 
ing to  read,  af  gabjects  for  writing,  of  learning  by  heart,  and  of 
improving  the  pronunciatioD,  80 — 87. 

1.  L&T  a  fiither,  tben.  as  soon  as  his  boh  ia  bom,  conceiTe,  /' 
Bret  of  all,  the  beat  posaible  hopes  of  him  :  for  he  will  thus 
grow  the  more  aolicitouH  about Jiia  imgrovement  from  the  ve^ 
beginnmg;   eiuce   it  is  a  complaint  without  foundation  that  ^     , 
"  to  very  few  people  is  granted  the  faculty  of  comprehending 
what  is  impftQeiCu)  them,  and  that  most,  through  daln<is8  of    V 
underatanding,  lose  their  labour  and  their  time,"     For,  on  the 
eontraiy,  you  will  find  the  greater  number  of  men  both  ready  " 
in  conceiving  and  quick  in  learning ;  since  such  quickness  is 
natural  to  man ;  and  as  birds  are  born  to  fly,  horses  to  run,    -^ 
apd  wild  beasts  to  show  fierceness,  so  to  us  peculiar!;  belong'~~ 
activi^  and  sagacity  of  understanding ;  whence  the  origin  of 
the  mind  is  thought  to  be  from  heaven.     2.  But  dull  and 
unteachable  persons  are  no  more  produced  in  the  course  of     V 
nature  than  are  persons  marked  by  monstrosity  and  deformi-*^ 
ties ;  such  are  certainly  but  few.     It  will  be  a  proof  of  this 
assertion,  that,  among  bojB,  good  promise  is  shown  in  the  far 
greater  number ;  and,  if  it  passes  off  in  the  progress  of  time, 
.  It  is  manifest  that  it  was  not  natural  ability,  but  care,  that  was 
wanting,     8.  fiut  one   surpasses  another,  yon  will  say,   iu 
ability.      I  grant  that  this  is  true ;    but  only  so  far  as  to 
acoompUsh  more  or  less  ;  whereas  there  is  no  one  who  has  Dot*~ 
gained  something  by  study.    Let  him  who  is  convinced  of  this 
truth,  bestow,  as  soon  as  he  becomes  a  parent,  the  most  vigi- 
-    lant  possible  care  on  cherishing  the  hopes  of  a  future  orator. 
V-     4.  Before  all  things,  let  the  talk  of  the  child's  nurses  not  be^^ 
ungrammatical.     Chrjsippua  wished  them,  if  possible,  to  be 
women  of  some  knowledge ;  at  any  rate  he  would  have  the     x 
meet,  as  far  as  circumstances  would  allow,  chosen.'    To  their 
/morals,  doubtless,  attention  is  firat  to  be  piud ;  but  let  them 
Mao  speak  with  propriety.     Ci.  It  is  they  that  the  child  will  heat 

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10  qunrriLiAH.  [b.  l 

first ;  it  is  tbeir  words  that  he  will  trj  to  form  bj  imitation. 

Wn  itre  by  ffiUsre.  ino$t  tenacious  of  what  we  have  imbibed  in 

X  ^-  -CUT  ittfant  ^ears  ;  as  the  BaTOur,  with  which  jou  scent  vesselB 

when  new,  remains  in  them  ;  nor  can  the  colours  of  wool,  for 

which  its  pUin  whiteness  has  been  ezcbanged,  be  ef&ced; 

and   thwe  verj  habits,  which   are  of  a  more  objectionable 

nature,  adhere  with  the  greater  tenacity ;  for  good  ones  are 

ensily  changed  for  the  worse,  but  when  will  yon  change  bad 

ones  into  good?     Let  the  child  not  be  accustomed,  therefore, 

even  while  he  is  yet  an  infant,  to  phraseology  which  must  hi 

unl  earned. 

I      6.  In  parents  I  should  wish  that  there  should  be  as  much 

y     I    learning  as  possible.     Nor  do   I  speak,  ipdeed,  merely  of 

'     /   fathers ;  for  we  have  heard  that  Conielta.  t^e  mother  of  the 

I     Gracchi  (whose  very  learned  writing  in  her  letters  has  come 

down,  to  posterity),  contributed  greatly  to  their  eloquence  ; 

the   daughter  of  Lnlius*  is  said  to  hare   exhibiiod  her 

father's  elegance  in  her  conversation;  and   the  oration  of 

the   daughter  of  Quintus   Uortensius,  delivered  before  the 

I     Triumviri,^  b  read  not  merely  as  an  honour  to  her  sex.     7. 

'     Nor  let  those  parents,  who  have  not  had  the  fortune  to  get 

I    learning  themselves,  bestow  the  leas  care  on  the  instruction  of 

I    their  children,  but  let  them,  on  this  veiy  account,  be  more 

'  solicitous  as  to  other}  particulars. 

Of  the  boya,§  among  whom  he  who  ia  destined  to  this 
prospect  is  to  be  educated,  the  seme  may  be  said  as  concerning 
nurses. 

8.  Of  pmdagogi{  this  further  may  be  said,  that  they  should 

■  Ciiiu  LaUui,  lunumed  Uie  WIm,  had  two  danghterB,  od«  of 
whom  wu  married  to  Cuns  FannioB,  mi  Um  other  to  HQeina  Sanroli. 
See  Ck.  Bnit.  c  B8.  Regim.  From  the  wnga  of  Cicero  to  which 
RegiuH  refen,  it  appnn  that  the  one  to  whom  Qnintiliui  allndea  wu 
the  nife  of  Mucius.     BmmaM. 

■t-  Of  this  ipeech  Frainshemiiu,  with  the  ud  of  AppUn,  has  pvea 
lome  DotioD  in  hU  eiaellent  Bapplemeot  to  Livy,  ciiii.  44,  16  ;  and 
thei'e  ie  an  alliuioa  to  it  in  Y>t  Mis.  Tiii  S.  Horteniia  pleaded 
before  Octaviauiu,  Aotony,  and  Lepidna,  for  ■  raoiaraon  of  part  of  the 
tax  laid  on  matrona.     Speldijig. 

X  other  diitiea  not  properl;  included  under  tuition,  \tUcIi  parent^ 
who  ani  themaelvea  unlearned  cannot  diacbaive. — SpoJding.  \ 

1  It  ii  not  free-born  yontba,  oompeera  of  uie  pufdl,  that  Quintiliag 
mesne,  but  jooag  alavea.     Spalding. 

I  There  ia  no  word  in  our  l»nguage-G>r  the  padagogtu,  who  waa  ■ 


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OH.  I.'^  KDVOATIOir  Of  IK  OBATOB.  1 1 

either  be  men  of  acknowledged  .emiing.  which  I  should  with  ' 
to  be  the  first  olgect,  or  thai  thej  should  be  couBcious  of  theit 
want  of  leaning ;  for  none  are  more  pernicbus  tbaa  those 
who,  hftTing  gone  some  little  beyond  the  first  elements,  clothe 
themselvee  in  a  mistaken  persnasion  of  their  own  knowledge ; 
since  they  disdun  to  yield  to  those  who  are  skilled  in  teaching, 
and,  growing  imperious,  and  sometimes  fierce,  in  a  certain 
right,  as  it  were,  of  exercising  their  antiiorily  (with  which  that 
sort  of  men  are  ganerally  puffed  up),  they  teach  only  their 
own  folly.  9.  Nor  is  their  misconduct  less  prejudicial  to  th« 
manners  of  their  pupils ;  for  Leooides,  the  tutor  of  Alexander, 
aa  is  related  by  Didgenea  of  Babylon,*  tinctured  him  with 
certain  bod  habits,  which  adhered  to  him,  from  his  chitdisb 
education,  even  when  he  was  grown  op  and  become  the  great- 
est of  kings. 

10.  If  I  seem  to  my  reader  to  require  a  great  deal,  let  him  , 
consider  that  it  is  an  orator  that  is  to  be  educated ;  an  ardu- 
ous task,  even  when  nothing  is  deficient  for  the  formation  of 
hia  character;  and  that  more  and  more  difficult  labours  yet 
remain ;  for  there  ia  need  of  constant  study,  the  most  excel  ,. 
lent  t«achers,  and  a  Taiiety  of  mental  exercises.  11,  The 
best  of  rules,  therefore,  are  to  be  laid  down ;  and  if  any  one 
shall  refuse  to  observe  them,  the  fault  will  lie,  not  in  the 
method,  bnt  in  the  man.t 

■lare  of  (p>od  chai«cter,  and  lometimei  of  lome  edocation,  that  had 
"      '  '  t,  but  was  quite  dintmot  tmn  the  liliataXot 

I  Dictioiuu7  of  Qr.  and  Bom.  Antiq.  art. 

*  We  haTB  DO  book  extant  of  DiogeiiM  of  Babjion ;  be  was  a 
Stoic  phUoaopber,  who  came  to  Rome  with  Critolaua  and  Cameade*  in 
that  celebrated  embaasy  mentioned  by  Cicero,  De  Oiut,.!].  3T,  S8,  and 
who  wrote  on  langtiage  and  dialectics ;  nor  is  tbera  any  meatioa  in 
other  writcTB  of  the  bad  habits  nhich  Alexander  oontraotad  frma  fail 
tutor,  except  an  alluaion  to  them  in  Hiocmar,  biahop  of  Rheims, 
EpiBt.  xiT.  ad  Procerea  B^ni-  ■^mMing.  Tbis  patwtge  of  Hincmar 
WIS  first  pointed  oat  b^  Colomestus,  who  obeerres  Uiat  there  ia  a 
Mcood  alliuioQ  to  the  subject  in  another  letter  of  the  aama  writer ;  and 
tliat  it  ia  also  noticed  bj  St.  Jerome  in  his  Spui.  ad  Latm  dt  Z-utttUi- 
(iinM  Paula  ^ia. 

f  Qita  ri  quit  gravMtmr,  -non  ratiom  difiiml,  ted  Xomhw.]  Varimu 
ikplanatJoDB  of  these  words  huTe  been  Bttemj^ed.  The  moat  latii- 
actory  appears  to  be  that  of  Spalding,  who  eappliea  aJiqvid  aa  tha 
lominatire  oaae  to  rfs/aerit,  and  b;  Aoaitnt  undcntanda  him  whc 
liir^ardi  tha  nlea 


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13  qOINTILIAIt.  [B.  1 

If  however  it  ehoald  not  be  the  good  fortaae  of  children 
to  haie  such  nurses  as  I  should  wish,  let  them  at  least  have  one 
attentive  padago^HM,  not  unskilled  in  language,  who,  iranything 
!i  spoken  incorrectlj  by  the  nurse  in  the  presence  of  bis  pupil, 
may  at  once  correct  it,  and  not  let  it  settle  in  his  mind.  But 
let  it  be  understood  that  vhat  I  prescribed  at  first  is  the  right 
coarse,  and  this  only  a  remedy. 

(13.  T„  prpfer  that  a  boy  should  begin  with  the  Grreek 
language,  because  he  will  acquire  Latin,  which  is  in  general  use, 
even  though  we  tried  to  prevent  bim,  and  because,  at  the  same 
time,  he  ought  first  to  be  iiistructefT  \n  Greek  learning,  from 
wbichours  ja  derived.  13.  Yet  I  shouIH  not  wish  this  rule  to  be 
BO  superstitiously  observed  that  he  should  for  a  long  time  speak 
or  learn  only  Greek,  hs  is  the  custom  with  most  people ;  for 
hence  arise  many  &ults  of  pronunciation,  which  is  viciously 
adapted  to  foreign  sounds,  and  also  of  lai^^ge,  in  which 
when  Greek  idioms  have  become  inherent  by  constant  usi^e, 
they  keep  their  place  most  pertinaciously  even  when  we  speak 
a  different  tongue.  14.  The  study  of  Latin  ought  therefore 
to  follow  at  no  long  interval,  and  soon  after  to  keep  |«ce  with  the 
Greek  ;  and  thus  it  will  happen,  that,  when  we  have  began  to 
attend  to  both  tongues  wiUi  equal  care,  neither  will  impede 
the  other. 

15.  -Some  have  thought  that  boys,  as  long  as  they  are  under 
seven  years  of  age,  should  not  be  set  to  learn,  because  that  is 
the  earliest  age  that  can  understand  what  is  taught,  and 
endure  the  labc«ir  of  learning.  Of  which  opinion  a  great  many 
writers  say  that  Hesiod  was,  at  least  such  writers  as  lived 
before  Aristophanes  the  grammarian,*  for  he  was  the  first  to 
deny  that  the  '  T«vdqxai,t  in  which  this  opinion  is  found,  was 
the  work  of  that  poet.     1 6.  But  other  writers  likewise,  amon" 


*  CoDOBming  this  grunmuian,  coniult  eepwdaHy  F.  A.  Wolfa 
Prolegomena  in  Homerum,  p.  216,  nqq.    Spaldmg. 

+  Thia  poem  U  lost.  It  wu  atbibntra  by  some  to  the  Centnur 
Chiron,  th«  tutor  of  Aohlllei,  but  to  Hesiod  bj  fta  m^oriiy  of  writen, 
uuoDg  whom  was  Ariatoph&nes  tJie  comic  poet,  who  is  said  )>j 
liuTniehiui  and  lliomas  Hagiister  to  have  ridicoled  it  aa  the  work  .ri 
Hsaiod,  in  his  lost  comedy  of  tiie  AairoX^c.  Ariatotls^  Polit.  vii.  17, 
KCDU  vary  neatly  to  agree  with  Hesiod  in  opinion,  thoogh  he  does  not 
(h  Beeius  states,  and  after  him  Hories  ad  Fabrio.  BlbUoUi.  Or.  t.  1,  ri, 
1^  mak*  any  ollauaD  to  tllia  precept  of  Heaiod.     Raiding.  1 


D,j„.„^.,Coo^k 


y 


CB.  l]  IDDCAT10\   or  AK  OBATOa.  IS 

whom  is  Erastotbenes,*  have  gi*en  the  ume  adviM.  TboM, 
honever,  adviao  better,  who,  like  Chrystppus,  thick  tli&t  no  put 
of  a  child's  life  should  be  exempt  from  tuitioD  ;  for  Chi^sippna, 
though  he  bu  allowed  three  yean  to  the  nunes,  yet  is  of  opi- 
nioQ  that  the  minds  of  childreD  may  be  imbued  with  excellent 
iiistructipn  even  by  them,  17.  And  why  should  not  that  age 
'«  under  the  influence  of  learninB,  which  is  now  conleBseiUT^ 
subject  to  moral  influence  ?t  1  am  not  iodeed  ignorant 
that,  during, {he. whole  time  of  which  1  am  speaking,  scarcely 
as  much  can  be  done  as  one  year  may  afterwards  accomplish, 
yet  those  who  are  of  the  opinion  which  I  have  mentioned,  ap- 
pear with  regard  to  this  part  of  life  to  have  spared  not  so  much 
the  learners  as  the  leactere.  16.  What  else,  after  they  are 
able  to  speak,  will  children  do  better,^  for  they  must  du  somfr- 
thing  ?  Or  why  should  m  despise  the  gaiq,,boiLJiltle  soever 
it  be.  previous  to  the  age  of  seven  years  ?  For  certainly,  small 
as  may  be  the  proficiency  which  an  earlier  age  exhibits,  tlie 
child  will  yet  learn  something  greater  durii^  the  very  year  in 
which  he  would  have  been  learning  something  less.  19.  This 
advancement  extended  through  each  year,  is  a  profit  on~tEe~ 
whole ;  and  whatever  is  Rained  in  infancy  is  an  acquisition  lo  _ 
youtli.  The  same  rule  should  be  prescribed  as  to  "the  following 
years,  so  that  what  eveiy  boy  has  to  leam,  he  may  not  be  too 
late  in  beginning  to  learn.  Let  us  not  then  lose  even  the 
earliest  period  of  life,  and  so  much  the  less,  as  the  elements  of 
learning  depend  on  the  memory  alone,  which  not  only  exists 
in  children,  but  is  at  that  time  of  life  even  most  tenacious. 

20.  Yet  I  am  not  so  unacquainted  with  differences  of  age, 
as  to  think  that  we  should  urge  those  of  tender  years  severely,  r* 
or  exact  a  fall  complement  of  work  from  them  ;  for  it  will  be 

*  Ha  waa  flia  keapcr  of  Oxt  Alexuidriui  libnir  in  tlie  time  of 
Pbdemj  EnargelMi,  and  tlie  antlior  of  wrenl  booki,  which  u«  all 
loat,  axocpt  Bome  tngaiMiU  ot  his  Qeognphy,  which  hav«  been  col- 
lacted  \ij  Aacker,  Smel,  uid  Beniluirdy.  A  wotk  called  Kamv- 
Ttputfto)  went  for  a  long  tiine  imtter  hia  name,  but  is  now  considered  to 
e  aoma  grammarian's  compilation  from  HjguinB.  See  Dr.  Smith's 
[Motionarv  of  Biogn^hy  and  Hjtholog;,  and  Fabriciuai  Bibl.  Qr.  nA. 
'••      •   Hurl 


r.  p.  117,  ed.  HorL 
t  C^tr  amtan  flflt  wrwtntat   aa  rKn-tu  inaf,    qme    U4t    »vra  jam 
iftrHnet  r]  "  Why  should  not  that  age  belong  to  Icamisfb  which  aliwly 
■   loom  to  manners  or  morala," 
f  BetterU 


D,„i.2cjt,  Google 


U  tpnsmuAX.  [k  i. 

necesaaiy,  above  all  diiogB,  to  take  care  lest  the  child  should 
nwCODceive  a  dialiVe  to  the  applicadon  which  he  cannot  yet  love, 
and  cotitinne  to  dread  the  bittemeis  which  he  has  once  tasted, 
even  beyond  thi3  years  of  infancy.  Xist  his  instruction  be  an 
amusement  to  him  ;  let  him  be  questioned,  and  praised  ;  and 
let  him  never  feel  plegteed  that  he  does  not  know  a  thing  ;  and 
somedmes,  if  he  is  unwilling  to  learn,  let  another  be  taught 
before  him,  of  whom  he  may  be  envious.  Let  him  strive  for 
victory  now  and  then,  and  generally  suppose  that  he  gains  it ; 
end  let  his  powers  be  called  forth  by  rewards,  such  as  that  agp 
prizes. 

21.  We  are  giving  small  instructions,  while  professing  to 
"^educate  an  orator;  but  even  studies  have  their  infancy ;  and 
as  die  rearing  of  the  very  strongest  bodies  commenced  with 
milk  and  the  cradle,  so  be,  who  was  to  be  the  most  eloquent  ot 
men,  once  uttered  cries,  tried  to  speak  at  first  with  a  stutter- 
ing voice,  and  hesitated  at  the  shapes  of  the  letters.  Nor,  if  it 
13  impossible  to  learn  a  thiug  completely,  is  it  therefore  un- 
necessary to  learn  it  at  all.*  22,  If  no  one  blames  a  fiither,  who 
thinks  that  these  matters  are  not  to  be  n^lected  in  regard 
to  his  son,  why  should  he  be  blamed  who  communicates  to  the 
public  what  he  would  practise  to  advantage  in  bis  own  house  ? 
And  this  is  so  much  the  more  the  case.t  as  younger  minds 
more  easily  take  in  small  things ;  and  as  bodies  cannot  be 
formed  to  certain  flesuTes  of  the  limbs  unless  while  they  are 
.'  tender,  so  even  strength  itself  makes  our  minds  likewise  more 
unyielding  to  most  things.  22.  Wonld  Philip,  king  of 
Macedonia,  have  wished  the  first  principles  of  learning  to  be 
communicated  to  bis  son  Alexander  by  Aristode,  the  greatest 
philosopher  of  that  age,  or  would  Aristotle  have  underta^n  that 
office,  if  they  bad  not  bodi  thought  that  the  first  rudiments  of 
iustmction  are  l)est  treated  by  the  most  accomplished  teacher, 
and  have  an  influence  on  the  whole  course  ?  34.  Let  us  sup- 
pose, then,  that  Alexander  were  committed  to  me,  and  laid  in 
my  lap,  an  inbnt  worthy  of  so  much  solicitude  (though  every 

*  Nte  ri  qiJd  ditart  tati§  lum  ett,  idta  «t«  ■aesas  at.']  If  a 
raanot  learn  bo  mach  of  aaything  aa  we  conld  wiih,  it  is  not  oi 
aooount  proper  tliat  he  shoiUd  be  kept  from  learning  It  altogether. 

t  Atqite  to  magii  quod,]  So  much  the  more  u  a  father  not  la  .. 
tlamtd,  i.1!.  is  to  be  commnided  for  pajin^  attentioD  to  uuall  matter 


D,j„.„^.,  Cookie 


CH.  l]  BDUCAnOH  OF  AK   OKATOB.  15 

■nan  thinkB  his  owd  sod  worthy  of  similar  solicitude),  sboul  1  I 
be  ashamed,  even  in  teaching  him  his  very  letters,  to  point  out 
iom%  compendious  methods  of  inatructioa  ? 

For  that  at  least,  which  I  see  _jtractiaed  iu  regard  to  roost 
children,  by  no  means  pleases  me,  uamel;,  that  they  learn  the 
names  and  order*  of  the  letters  before  they  learn  their  sbapes. 
39.  This  method  hioders  their  recognitiou  of  them,  as,  while 
they  follow  their  memory  that  takes  the  lead,t  they  do  not  fix 
their  attention  on  the  forms  of  the  letters.  This  is  the  reaaou 
why  teachers.J  even  when  they  appear  to  hare  fined  them 
Buf&ciently  in  the  minds  of  children,  in  the  straight  order  in 
vhich  they  are  usually  first  written,§  make  them  go  over  them 
again  the  contrary  way,  and  confuse  them  by  variously  changing 
the  arrangement,  until  their  pupils  know  them  by  their 
Bbape,  not  by  their  place.  It  will  be  best  for  children, 
therefore,  to  be  taught  the  appearances  and  names  of  the 
letters  at  once,  as  they  are  taught  those  of  men.  26.  But  that 
which  is  hurtful  with  regard  to  letters,  will  be  no  impediment 
with  regard  to  Byllabtes.||  I  do  not  disapprove,  however,  the  f> 
practice,  which  is  well  known,  of  ^viug  children,  for  the  sake 
<rf  stimulating  them  to  learn,  ivory  figures  of  letters  to  play 
with,  or  whatever  else  can  be  invented,  in  which  that  infantine 
age  may  take  delight,  and  which  may  be  pleasing  to  handle, 
look  at,  or  name. 

27.  But  as  soon  as  the  child  shall  have  begun  to  trace  the 
forms  of  the  letters,  it  will  not  be  improper  that  they  should 
be  cut  for  him,  as  exactly  as  posdble,  on  a  board,  that  his 


*  Centeinhim.']  Thsir  arrBngement  and  podtiou  in  the  alphabet. 
SptUding. 

■(■  AnitcedaUem  mnaortom.]  They  know  b7  heart  the  i^er  in  which 
the  letters  follow  each  other,  and  theiefora  do  Dot  attend  aufRcJeDtly 
to  their  >bap«a,  but  pronounce  tbeir  nemea  aa  it  were  from  memory. 
Tanuttu.  I  quote  tlii>  note  from  Tiimebus  beoatue  Spalding  hentatea 
at  anteeciiatlfflt,  not  knowing  what  sense  to  give  it^  and  obeerring  thst 
Gedoyne  renders  the  won^  Intr  tatmoirt  jut  va  phtt  vilt  jm  Uun 
itFtbi.    But  Tuinebus  is  undoubtedly  right. 

J  Qad  aai^a  at  pnxci^mt^xtt,  W.]  "  Which  is  the  cause  to  teachei* 

g  The  order  of  the  alphabet,  in  iriiiah  letters  are  first  shown  ta 
'V^cva,  bdbre  they  begin  to  form  them  into  eyllablca. 

It  will  do  no  hsnu  if  boys  learn  eyllabUa  by  heart  befiKe  thej 

1  the  look  of  them.     Btgim. 


D,j„.„^L,  Cookie 


IS  QtmnruAir.  [ili. 

■t^e*  TDhj  be  guided  along  them  as  along  grooves,  for  he  will 
tlien  make  do  mistakes,  as  on  wax  (since  he  nill  be  kept  in 
by  the  edge  on  each  ude,  and  will  be  unalde  to  stray  beyond 
the  boundaryt);  (uid,  by  following  these  sure  traces  rapidly 
and  frequently,  he  will  form  his  hand,  and  not  require  the 
aasistance  of  a  peraon  to  guide  his  band  with  his  own  hand 
placed  over  it.  38.  The  accomplishment  of  writing  well  and 
expeditiously,  which  is  commonly  disregarded  by  people  of 
quality,  is  by  no  means  on  indifierent  matter ;  for  ss  writing 
itself  is  the  principal  thing  in  our  studies,  and  tbat  by  which 
alone  sure  proficiency,  resting  on  the  deepest  roots,  is  secured, 
a  too  slow  way  of  writing  retards  thought,  a  rude  end  confused 
hand  cannot  be  read  ;  and  hence  follows  another  task,  that  of 
reading  off  what  is  to  be  copied  from  the  writing.}  SB-  At  all 
times,  therefore,  and  in  all  places,  and  especially  in  writing 
[Mrivate  and  &miliar  letters,  it  will  be  a  source  of  pleasure  to 
us.  not  to  have  neglected  even  this  acquirement. 

30.  For  learning  syllables  there  is  no  short  way ;  thej  must 
all  be  learned  throughout ;  nor  are  the  most  difficult  of  then), 
as  is  the  general  practice,  to  be  postponed,  that  children  may  be 
at  a  loss,  forsooth,  in  writiug  words.J  31.  Moreover,  we  must- 
not  even  trust  to  the  first  learDin|;  by  heart ;  it  will  be  better  to 
have  (^llables  repeated,  and  to  impress  tliem  long  upon  the 
memory;  and  in  readit^  too,  not  to  huny  on,  in  order  to 
make  it  continuous  or  quick,  until  the  clear  and  certain  con- 
nexion of  the  letters  become  femiliar,||  without  at  least 
any  necessity  to  stop  for  recollection.  Let  the  pupil  then 
begin  to  form  words  from  syllables,  and  to  join  phrase* 
blether  from  words.  33.  It  is  incredible  how  much  retard- 
ation is  caused  to  reading  by  haste ;  for  hence  uise  hesita 

*  The  Iron  pencil  luad  for  writing  on  vazed  tableti. 
i-  Bpklding  notioea  that  this  pUHg*  ii  aoioewhat  tuitologiail,  bst 
t^jt  that  it  a  the  nina  in  all  the  muKUcripU. 

t  Quo  ex  JUf  trandtraida  tmti.'j  By  kit  ii  meant  lam  «aU  teHptit 


%  Utin  nomirabv  tcribendit  (iepnAemiantor.}  DeprAtndi  is  harert, 
to  be  obliged  to  liesjtate,  to  be  brought  to  a  staiid,  to  be  oonpluSBe^  ; 
*a  in  lii.  8,  6.  .  .  .  Uti*  uBfld  with  a  certain  irony,  as  it  tuton  put  A~ 
the  learning  of  diffloult  ejllablas  for  tt*  vaypnrpett  of  pniding  '^ 
child  afterwu^  Spoldiitff.  Burmann  and  Oeaoer  pro  the  ■ 
•Blue  to  depreAtttdantitr  which  Spalding  siveo. 

Q  S^ppeditart—foterU.i  Potent  n^Mttart  t,  "thtSL  be  able  ] 
prtaent  itself."  Ntti  fOMiS  "  ai>l<ea  whan,"  1  have  rendered  by  "  iii 


D,j„..;^L,  Cookie 


oill)  bducatior  of  an  oratos.  17 

tjja,  interraption,  utd  rapetitioti,  as  children  attempt  Doro 
Uian  they  csn  mauA^fo ;  atid  then,  afbsr  making  mistakes,  they 
become  distniBtfnl  eTen  of  what  Uiej  know.  S3.  Let  reading, 
therefore,  be  at  first  aure,  then  continuomi,  and  for  a  long 
time  slow,  until,  bj  exercise,  a  correct  quickness  jt  gained. 
34.  For  to  look  to  Uie  right,  as  everybody  teaches,  and  to  look 
forward,  depends  not  merely  on  rule,  but  on  habit,*  since, 
while  the  duld  is  lookii^  to  what  foUons,  he  has  to  pronouuje 
what  goes  before,  and,  what  is  very  difficult,  the  direction  of 
bis  thoughts  most  be  divided,  so  that  one  duty  may  be  dift- 
chai^ed  with  his  voice,  and  another  with  his  eyes. 

When  the  child  shall  have  begun,  as  is  the  practice,  to  write 
wsrde,  it  will  cause  no  regret  if  we  take  care  that  he  may  not 
waste  his  efEbrts  on  common  words,  and  such  as  perpetual^ 
occur.  36.  For  he  may  readily  leara  the  exphmationB  of 
obscure  terms,  which  the  Greeks  call  vXiimof,  while  some  other 
occupation  is  before  him,  and  acquire,  amidst  his  first  rudi- 
ments, a  knowledge  of  that  which  would  afterwards  demand  a 
special  time  for  it  Since,  too,  we  are  still  attending  to  small 
Dudters,  1  would  express  a  wish  that  even  the  lines,  which  are 
set  him  for  his  imitation  in  writing,  should  not  contain  useless 
sentences,  but  such  as  convey  some  moral  instruction,  39.  The 
remembrance  of  such  admonition  will  attend  him  to  old  ^e, 
and  will  be  of  use  even  for  the  formation  of  hi*  oharacter.t  It 
is  possible  for  him,  also,  to  learn  the  sayings  01  eminent  men, 
and  select  passages,  chiefly  &om  the  poets  (for  the  reading 
of  poets  is  more  pleasing  to  the  young),  in  his  play-time; 
since  memory  (as  I  shaU  show  in  its  proper  place)  is  most  neces- 
sary to  an  orator,  and  is  eminently  strengthened  and  nourished 
l^  exercise ;  and.  at  the  age  of  which  we  are  now  speaking, 
and  which  cannot,  as  yet,  produce  anjrthii^  of  itself,  it  is 
almost  the  only  faculty  that  can  be  improved  1^  the  aid  of 
teachers.  37.  It  will  not  be  improper,  however,  to  require  of 
boys  of  this  age  (in  order  that  their  pronunciation  may  be 

*  Win  rotuHHf  mcd«  *ti  ti»i*  ^itOfK  cf<.]  The  Hnae  ia  eridmUy, 
"  H  la  more  ewly  reoonunended  Uiui  pnctiaed."  RatioKit  oMiJa  at 
ma;  be  applied  to  what  ii  done  mU  rationt,  i.e.,  in  this  psaiage  at 
leai^  *oIu  ■pracefta  ;  and  if  thin  will  31109M  Mf,  it  appean  that  the>e  ii 
tixo  Deed  of  much  Omh  or  practioe  that  it  ma;  be  dune  effBctuoll; 
t^aldiag-    Bv  rdtio  l^  mtdentood  art  or  method.    SoUin. 

t  ZApwaW^MorMfrigWd.]  « Ad lysoa  bimm  putinget,  penrtraM  .' 


T 


D,j„..;uL,  Cookie 


19  li-nnToJUt.  1%  L 

falter  and  their  speech  more  diBttnot)  to  roll  forth,  aa  ra{ndlj 
■8  posaibte,  certun  worda  and  lines  of  studied  difficultj,  com- 
posed of  several  sfllahlea,  and  those  rou^ly  clashing  together, 
and,  as  it  were,  rugged-sound  ing ;  the  Greeks  call  them  yrai^Hrti, 
This  may  seem  a  triBing  matter  to  mention,  biit  when  it  is 
neglected,  mar  7  faults  of  pronnnciation,  unless  they  are  re- 
mOTOd  in  the  years  of  youth,  are  fixed  by  incorrigible  ill  habit 
for  the  reat  of  life. 


CHAPTER  II. 


\  CoBBideratioDi  on  public  uid  prirate  eduosttoD ;  public  edoaitioa  to  ba 
preferred ;  allegsd  ootruption  of  monle  ia  public  schoidi ;  equal 

J  carrupV  ou   at  home,   %    1 — B.      B^7  to   tint  objeotion   thst   a 

pupil  receives  leiM  ftttentioD  from  ■  muter  in  a  Bohool  than  from 
a  domestic  tutor,  9 — I6L  Emuliticm,  fnandahip,  inoitsaiSDts 
to  lUBHtflrB  and  pupils,  and  other  sdvantagn  of  puUio  edusation, 
17—31. 

] .  Box  let  ua  suppose  that  (tie  child  now  gradual];  increases 
in  size,  leaves  die  tap,  and  applies  himself  to  learning  in 
earnest.  In  this  place,  accordingly,  must  be  considered  the 
question,  whether  it  be  more  advantageous  to  confine  the 
learner  at  home,  and  within  tiie  walls  of  a  private  house,  or  to 
*■  commit  him  to  the  large  numbers  of  a  school,  and,  as  it  were, 
to  public  teachers.*  2.  The  latter  mode,  I  observe,  has  had  ' 
the  sanction  of  those  by  whom  the  polity  of  the  moat  eminent 
states  was  settled,  as  well  as  that  of  the  most  illustrious 
authors. 

Yet  it  is  not  to  be  concealed,  that  tnere  are  tome  wfat^  from 

*  VdtU  piiblicii  preeeefdorikHt.']  Retpaetiiig  Uu  meaning  of  the  word 
vilui  I  cannat  utiaff  myaelf,  and  am  mupiuad  that  no  aomntantatar 
haa  made  any  remark  upon  it,  I  auapect,  however,  that  Qiimtilian 
thought  it  neonairy  to  quali^  the  word  piiblicU  by  vdiU  bacaiua  thaaa 
teachera  oould  not  properly  be  called  pitbUe,  u  they  did  not  reodva 
lalariea  from  the  publia  trsaaury.  Quintiliaii  hinuelf  ia  mentioned  by 
St.  Jerome,  in  Etuebiua'a  Chrooicon,  aa  the  Srat  master  of  a  public 
■ohool  that  received  a  itipend  from  the  emperor  ;  and  perhaps,  acoord- 
ing  to  the  mode  of  apeaking  iu  those  timaa,  he  oould  not  properij  be 
<^ad  a  public  teacher,  for  the  veiy  reason  that  he  received  his  pay, 
■tot  from  the  public  treaani;,  but  from  the  empcror'a  [civy  pontb 


D,g,l.2cdb,G00J^lc 


GH.n.]  tDucuknon  of  an  obator  19 

r«rt^Q  notiunB  of  their  own,  dinpproTe  of  this  almost*  publie 
mode  of  instruction.     These  persons  appear  to  be   swajed 
citisfl^  bj  two  reasons :  one,  tliat  thej  take  better  precatUiona 
for  thi9  morals  of  the  young,  bj  ftvoidii^  a  concourae  of  human  •- 
beings  of  tbat  age  which  is  most  prone  to  vice  ;  (from  which 
cause    I    wish  it  were  falsely  asserted   that  prnvocations  to 
immoral  conduct  arise;)   the  other,   that  whoever  may   be 
the  teacher,  he  is  likely  to  bestow  his  time  more  liberally 
oil  one  pupil,  than  if  he  has  to  divide  it  among  several.^ 
8.  The  first  reason  indeed  deserres  great  consideration ;  for  if 
it  wero  certain  that  schools,  though  advantageous  to  studies, 
are  pemiciouB  to  morals,   a   rirtuous  course   of  life  would  \ 
seem  to  me  preferable  to  one  even  of  the  most  distiaguisbed 
eloquence.     But  in  my  opinion,  the  two  are  combined  and 
inseparable  ;  fnr  T  am  convinced  that  no  one  can  be  an  orator  ^ 
who  iq  Bftl,  i\  y>od  man :  and,  even  if  any  one  could.  I  should 
be  nnwilling  that  he  should  be.     Ou  this  point,  theiufbre,  I 
shall  ^leak  first 

4.  People  think  that  morals  are  corrapted  in  schools ;  for  in- . 
deed  they  are  at  times  corrupted;  but  suui  may  be  the  case  even 
at  home.  Many  proofs  of  this  fact  may  be  adduced ;  proofs  of 
characterf  having  been  vitiated,  as  well  as  preserved  with  the 
utmost  purity,  under  both  modes  of  education.  It  is  the  dis- 
position of  the  individual  pupil,  and  the  care  taken  of  him,  that 
make  the  whole  diETerence.}  Suppose  tbat  his  mind  be  prone  .  - 
to  vice,  suppose  that  there  be  neglect  in  forming  and  guarding 
his  morals  in  early  youth,  seclusion  would  afibrd  no  less  ^ 
opportnnity  for  immoraliiy  than  publicity ;  for  the  privaie 
tutor  may  be  himself  of  bod  character ;  nor  is  intercourse  with 
vicious  slaves  at  all  safer  than  that  nith  immodest  free-born 
youths.  0.  §  But  if  bis  disposition  be  good,  and  if  there  be 
Dot  a  blind  and  indolent  negligence  on  the  part  of  his  parents, 

■  Prope  piibt*m  tsord]  Finr  this  mdverb  prope  it  wemi  itall  mora 
difficult  to  Bay  anytlmiR  ntiafsol'nT  tbui  tor  the  pnoading  vtiut. 
Ferb&pB  QainUHan  used  it  beoaiua  the  chi)dr«o  uta  not  oAqgnttcr  tal«a 
from  under  tht  ooDtrol  of  tludr  ptmita,  u  ww  the  esaa,  for  fautance, 
■t  Sputa. 

t  (teuwmJL^  That  w,  KtutimiaHtmit,  fama.    Spalding    So  Bagius. 

j  ifatvn  efiiq:t  tatum  tyirajmi  dutot.]  "  Katora  oujaiqaa  poari  el 
tnnMTestnm.'    Qttiur. 

I  The  TtaaaAm  in  this  seeUoQ  M«i>  to  rate  lAol^  to  pahUe  ed» 

0  a 

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10  QtOKTILUK.  [b.  I 

it  will  be  polbit>le  for  them  to  select  a  tator  of  irreproach 
able  character,  (a  matter  to  which  the  atmost  attention  ia  paid 
b;  senwble  porenta,)  taiA  to  fix  ou  a  course  of  instruction  of 
the  Tei7  strictest  kind ;  while  ihej  may  at  the  same  time  place 
at  the  elbow  of  their  wo  aome  influential  friend  or  fiuthful 
freedman,  vhose  constant  attendance  maj  improre  even  those 
of  nhom  appreheuBiona  maj  be  entertained, 
t  6.  The  remedy  for  this  object  of  fear  is  easj.  Would  that 
I  we  ourselves  did  not  corrupt  the  morals  of  our  children !  We 
teuerrata  their  very  io&uic;  with  lutories.  That  delicacy  of 
{education,  which  we  call  fondness,  weakens  all  the  powers, 
I  both  of  body  and  mind.  What  lusory  will  he  not  covet  in  hia 
manhood,  who  crawls  abont  on  purple  I  He  cannot  yet  articu- 
late his  first  words,  when  he  already  distinguiahea  scarlet,  and 
wants  his  purple.*  7.  We  form  the  palate  of  children  before 
we  form  their  pronunciation.  Tbey  grow  up  in  sedan  chairs; 
if  they  touch  the  ground,  they  hang  by  the  hands  of  attendants 
supporting  them  on  each  side.  We  are  delighted  if  they  utter 
any  thing  immodest  Expressions  which  would  not  be  tole- 
rated even  from  the  effeminate  youths  of  Alexandria  ,t  we  hear 
from  them  with  a  smile  and  a  kiss.  Nor  is  this  wonderful ;  we 
have  taught  them ;  they  have  hoard  such  language  from  our- 
selves. 6.  They  see  our  mistresses,  our  male  objects  of 
'  affliction;  every  dining-room  rings  with  impure  eonga;  things 
,  shameful  to  be  told  are  objects  of  sight.  From  such  practices 
springs  habit,  and  afterwards  nature.  The  unfortunate 
children  leam   these  vices  before  they  know  that  thej  are 

*  Jam>  MMH  iiUiBigii,  jam  eonAylium  fiitcit^  Spalding,  with  PasM- 
ratiuB,  would  read  eoqumm,  "  he  knows  the  oook,  and  take  amiAylimii  ia 
theaeoMiof  " HheU-fisb,"  u  in  Hor.  Epod-ii.  IB;  Sat  ii.  4,  80.;  8,27, 
in  order  that  there  ma;  be  do  recarreuM  to  purple,  after  »  pwrfmru 
rtfit,  but  that  thia  aentaiice  may  refer  wholly  to  eating,  and  be  aptly 
followed  by  anti  palatum  torum,  qitdm  ot,  itutituiimu.  All  the  othw 
"  "  '  with  aMcwn,  "  ocorlet,"  and  imdentonil 
"purple;"  but  certainly  this  appeatn  to 
Pliny  iadeed  diatinguiahes  toncijrtMim  ttom 

., , I  obliged  to  tntDBlate  them  both  b;  the  wme  word. 

t  Aleat»idrm»t—ddicm,y  All  the  cotumentatora  before  Burmaiin 
refemd  then  wordi  to  the  genenl  luxuiy  of  the  S^yptiana,  or  to  tEko 
ritaa  of  8an[di ;  "  but  QoiDtilian,"  says  that  critic,  "  do«a  nut  alloda  so 
muah  to  the  Inxory  of  the  Egyptiam,  as  to  that  of  the  Ronuju,  cu-ea 
pttrot  Aieumdriiui ;  sea  the  Bnmnrntatnn  ou  Petroniui^  c.  xzxL' 
fipalding  loUawa  Bociuaiui. 


Digilizcdt,  Google 


ch-ilJ  kducatiok  or  ur  ok&tob.  Sr 

vices ;  and  benc«.  rendered  effeminate  and  liunnooa,  ihey  d» 
not  imbibe  immorality  from  Bchools,  but  carry  it  tbemaelvn 
into  echools, 

9.  But,  it  ia  eaid,  one  tutor  will  have  more  time  for  on< 
pupil.  First  of  all,  however,  nothing  prevents  that  one  pupil, 
whoever  he  may  be,*  from  being  the  same  with  bim  who  is 
taught  in  the  school.  But  if  the  two  objects  cannot  be  united, 
I  should  still  prefer  the  day-light  of  an  honourable  seminary  to  t- 
darkneas  and  solitude ;  for  erery  eminent  teacher  delights  ia  a 
lat^e  concourse  of  pupils,  and  Uunke  himself  worthy  of  a  still 
more  numerous  auditory.  10.  But  inferior  teachers,  from  a  con- 
sciousness of  their  inability,  do  not  disdain  to  fasten  on  single 
pupils,  and  to  discharge  the  duty  as  it  were  of  padagogi. 
11.  Bnt  supposing  that  either  interest,  or  friendship,  or 
money,  should  secnre  to  any  parent  a  domestic  tntor  of  the 
highest  learning,  and  in  every  respect  DQrivalled,  will  be  how- 
ever spend  the  whole  day  on  one  pupil?  Or  can  the  applica- 
tion of  any  pupil  be  so  constant  as  not  to  be  sometimes 
wearied,  like  the  s^t  of  the  eyes,  by  continued  direction  to 
one  object,  especially  as  study  requires  the  far  greater  portion 
of  time  to  be  solitary.t  13.  For  the  tntor  does  not  stand  by 
.  the  pupil  while  he  b  writing,  or  learning  by  heart,  or  thinking ; 
and  when  he  ia  engaged  in  any  of  those  exercises,  the  company 
of  any  person  whatsoever  is  a  hindrance  to  him.  Nor  doea 
every  kind  of  reading  require  at  all  times  a  prelector  or 
interpreter;  for  when,  if  such  were  the  case,  would  the  know- 
ledge of  so  many  authors  be  gained?  The  time,  therefore, 
during  which  the  work  as  it  were  for  the  whole  day  may  be 
laid  out,  ia  but  short.  13.  Thus  the  instructions  which  are  In 
be  given  to  each,  may  reach  to  many.-  Most  of  them,  indeed, 
are  of  ench  a  nature  that  they  may  be  communicated  to  all  at 
OQce  witii  the  some  exertion  of  the  voice.  I  say  nothing  of  the 
topics  t  and  declamations  of  the  rhetoricians,  at  which,  cer- 

*  Jffcio  gnen.]  This  eipnMiDa  1>  nnd  with  ■  oarteln  irony,  u  U 
QoinUljAn  would  mj,  "  That  wonderful  pupil  of  whom  ;ou  talk  m 
much."  ^aidiag.  .He  reoominenda  Um  uttum  of  publio  uid  prints 
iiutruclJOD.    (7efMr. 

t  PlMt  teatti.}  That  Ii^  "ploi  Morati  qukm  oonjuncU  cum  doceato, 
vie,  atndii  vel  operia."    ^Uimg. 

*  Partitiomibiu.]  ThU  word,  ntya  Spalding,  hai  rafeisnoe  to  tb* 
differoDt  to^ca  and  baadi  undsr  vhioh  iiatmctioD  warn  given  by  rtie< 
torioiana  to  their  pupils  Be  nfen  to  Emeiti.  Lex.  Teolm.  Lat  in 
voce  porfMe,  and  Lei.  Techa.  Qneo.  v,  liaifiait.    Cin.  ds  Ont.  ii.  IS. 

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33  QimtnLUir.  ^L 

tainlf,  vhftteTer  be  the  nnmber  of  the  andiencs,  each  will  adll 
cany  off  the  whole.  14.  For  the  voice  of  the  teacher  is  not 
like  a  meal,  which  will  not  suffice  for  more  than  a  certain 
number,  but  like  the  sun,  which  diffusa  the  same  portion  of 
light  and  heat  to  all.  If  a  grammariiin,  too,  discourses  on  the 
art  of  speaking,  solves  questions,  expltuos  matters  of  histoij,  or 
^ustrates  poema,  aa  many  as  shall  near  him  will  profit  bj  his 
instractious.  IS.  But,  it  maj  be  said,  number  is  an  obstacle 
to  correction  and  explanation.*  Suppose  that  tbb  be  a  dis- 
advantage in  a.  number,  (for  what  in  general  t  satisfies  us  in 
eveiy  respect?)  we  will  sooa  compare  that  disodTantage  with 
other  advant^ea. 

Yet  I  would  not  wish  a  boy  to  be  sent  to  a  place  where  he 
will  be  neglected.  Nor  should  a  good  master  encumber  him- 
self with  a  greater  number  of  scholars  than  he  can  mantle  ; 
and  it  is  to  be  a  chief  object  with  us,  also,  that  the  master  may 
--_  be  in  every  way  our  kind  friend,  and  may  havo  regard  in  his 
teaching,  not  so  much  to  duty,  as  to  affection.  Thus  we  shall 
never  be  confounded  with  the  multitade.  16,  Nor  will  auy 
mister,  who  is  in  the  slightest  degree  tinctured  with  literature, 
fail  particularly  to  cherish  that  pupil  in  whom  he  shall  observe 
application  and  genius,  even  for  hia  own  honour.  But  even  if 
great  schoob  ought  to  be  avoided  (a  position  to  which  T  cannot 
assent,  if  numbers  flock  to  a  master  on  account  of  his  merit), 
the  rule  is  not  to  be  oarried  so  far  that  schools  should  be 
avoided  altogether.  It  is  one  thing  to  shun  schools,  another  to 
choose  from  them. 

^  17.  If  I  have  now  refuted  the  o^ectiona  which  are  made 
to._ach(»ls,.let  mo  next  state  what  opinions  1  myself  en- 
terWin.     18.  First  of  all.  Jet  him  who  is  to  be  an  orator,  and 

^  who  must  live  amidst  the  greatest  publicity,  and  in  the  full  day- 
^  light  of  public  a£^rs,  accustom  himself,  firom  his  boyhood,  not 
to  be  abashed  at  the  sight  of  men,  nor  pine  in  a  solitary  and 
,  s  ii  were  recluse  way  of  life.  The  mind  requires  to  be  con- 
/  atantly  excited  and  roused,  while  in  such  retdremeat  it  either 
languishes,  and  contracts  rust,  as  it  were,  in  the  shade,  or,  on 
the  other  hand,  becomes  swollen  with  empty  conceit,  uuce  he 

o  be  midenrlaod  thkt  Inttraotiati 
D  hon  in  Ibbkoih  which  they  have  to  preparej 
and  whioh  can  loariMly  b«  Riven  U>  two  at  onoe.     Spiildmg. 

f  <^ad  ftrt-l  "  Wbtit,  afnunt,  MlJafiei  us.*  The  meaning  ia,  QxaX 
there  ii  AonUy  an jrtAtn;  that  satiKSea  ua   If iiil  fl  ab  omni  parte  beatutn. 


D,j„.„^.,C'.u-)^lc 


ob.il]  eddutiom  or  an  oukm.  93 

who  eompaies  himsetf  to  no  one  eke,  win  neoB warily  tttributs 
too  much  to  his  ovm  powers.     19.  Besides,  when  his  acqaire- 
ments  sre  to  be  dispuTed  in  poblic,  he  is  blinded  st  the  light   - 
<4  the  snn,  and  stnmhlee  atenerj  new  utject,  as  having  leamed 
in  Bolitnde  that  which  is  to  be  done  in  public.      90.  I  say 
nothing  of  friendships  formed  at  school,  which  remain  in  full  ^ 
force  even  to  old  age,  as  if  cemented  with  a  certain  religious  '' 
obligation ;  for  to  have  been  initiated  in  the  same  studies  is  a 
not  less  sao^  bond  than  to  have  been  initiated  in  the  same 
sacred  rites.    That  sense,  too,  which  is  called  common  sense,* 
where  shall  a  young  man  learn  when  be  hua  separated  himself 
from  society,  which  is  natural  not  to  men  only,  but  even  to  dumb 
animals?    31.  Add  to  thb,  that,  at  home,  he  can  learn  only 
what  is  taa^t  himself;  at  scfwol,  even  what  is  tan^t  others.^ 
a.  He  will  daily  hear  many  things  commended,  many  things 
corrected ;  the  idleness  of  a  fellow  student,  when  reproved,  will 
be  a  warning  to  him  ;  the  industry  of  any  one,  when  com-    , 
mended,  will  be  a  stimulus ;   emulation  will  be  excited  by 
praise;  and  he  will  think  it  adi^race  to  yield  to  his  equals  in 
age.  and  an  honour  to  sarpass  his  seniors.     All  tliese  matters 
excite  the  mind ;  and  though  ambition  itself  be  a  vice.t  yet  it 
is  often  the  parent  of  virtues. 

33.  I  remember  a  practice  that  was  observed  by  my  masters, 
not  without  advantage.  Having  divided  the  boys  into  classes, 
they  assigned  them  their  order  in  speaking  in  conformity  to 
the  abiUties  of  each ;  and  thus  eadi  stood  in  the  higher  [ilace  to 
declaim  according  as  he  appeared  to  excel  in  proficiency. 
Hi.  Judgments  were  pronounced  on  the  perfonnances ;  and 
great  was  the  strife  among  ua  for  distinction  ;  but  to  talte  the 
lead  of  the  class  was  by  far  the  greatest  bonoar.  Nor  was 
sentence  given  on  our  merits  only  once;  the  thirtieth  day 
brought  the  Tanqoisbed  an  opportunity  oic  contending  again. 

■  SpaWng  obaarv*  that  Uh  axprMrioa  tetuaa  eommtmk,  in  the 
aivniflooUan  <rf  «ir  "  oonmiia  •enw^"  did  not  oome  into  mdh«1  naa  till 
kftar  tha  time  of  Ooero.  It  it  found,  he  obaefreo,  in  Bonos,  Set.  L 
3,  8d,  and  PhEBd^u^  L  7.  Uuch  the  Bsine  mey  h»  aaid  of  oaMw, 
which  ocean  m,  little  below ;  it  wu  not  generallj  lued  for  "  uabition,' 
in  OUT  Moae  of  t]ie  word,  tJU  lAer  Cioaro'a  daj,  though  it  waa  oertainlj 
ooining  into  nae  in  that  wnse  in  hii  timft 

I  AnibitioD  is  not  to  be  celled  e  vioe  nulen  it  be  inordinate,  or 
■bown  in  a  bad  ouue.  I  know  not  wh;  Quintiiian  u  well  u  Sellust 
(Cet.  o.  IS)  ehould  have  eo  deddedlj  sailed  it  a  vioe.  A  virtuoiu  niaa 
naf  be  amtatiaua  ai  well  a»  a  vioiooa  maa. 

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S4  QOtKTILUir.  [M.  L 

,  Thiu  he  nho  was  most  Boocessfi]],  did  not  relsx  his  efibrta, 
/  while  uneasiness  incited  the  unsnC'CessfDl  to  retrieve  his 
honour.*  Sfi.  I  should  be  inclined  to  miuotain.  as  &r  as  I 
can  form  a  judgment  from  what  I  conceive  in  tnj  own  mind, 
that  this  method  furnished  stronger  incitements  to  the  stodj 
of  eloqaoac«,  than  the  exhortations  of  preceptors,  the  watch- 
fulness ofpttdagogi,  or  the  wishes  of  parents. 

S6.  But  as  emulation  is  of  use  to  those  who  have  made  some 
advancement  in  leamii^.i'  so,  to  those  who  are  but  banning, 
and  are  still  of  tender  age,  to  imitate  their  school-fellows  is  more 
pleasant  than  to  imitate  their  master,  for  the  very  reason  that  it 
ismoreeasj;  for  thej  who  are  learning  the  fint  rudiments} 
will  acarcel;  dare  to  exalt  themselves  to  the  hope  of  attaining! 
that  eloquence  which  they  regard  as  the  highest;  they  will 
\ather  fix  on  what  is  nearest  to  them,  as  vines  attached  to 
trees  gain  the  top  by  taking  hold  of  the  lower  branches  first. 
QT.  This  is  an  observation  of  such  truth,  that  it  is  the  care 
even  of  thd  master  himself,  when  be  has  to  instruct  minda 
that  are  still  unformed,  not  (if  he  prefer  at  least  the  useful  to 
the  showy)  to  overburden  the  weakness  of  his  scholars,  but  to 
moderate  his  strength,  and  to  let  himself  down  to  the  capacity 
\  of  the  learner.  38,  For  as  narrow-necked  vessels  reject  a 
^great  quantity  of  the  liquid  that  is  poured  upon  them,  hut  are 
filled  by  that  which  flows  or  is  poured  into  them  by  d^rees, 
so  it  is  for  us  to  ascertain  how  much  the  minds  of  boys  can 
receive,  since  what  is  too  much  for  their  grasp  of  intellect  will 
not  enter  their  minds,  as  not  being  sufficiently  expanded  to 
admit  it.  S9.  It  is  of  advantage  therefore  for  a  boy  to  have 
school -fellows  whom  he  may  first  imitate,  and  afterwards  tiy  to 
eunmss.  Thus  will  he  gnidually  conceive  hope  of  higher  ex- 
cellence. 

To  these  obserrations  I  shall  add,  that  masters  themselves, 
when  they  have  but  one  pupil  at  a  time  with  them,  oannot  feel 
the  same  degree  of  energy  and  spiflOn  addressing  him,  as 

■  Ad  dep^lmdam  ignoaamlam.'y  "To  throw  <M 


j  ^higenda:\  "  Qi  compUtely  fanQint" 

D,j„..;^L,Coo^|i: 


OH.  ni,1  iDVaaiox  or  am  okaiob.  m 

when  tlwj  are  excit«d  bj  m  lu^  nnmber  of  hMners.  80.  Eia- 
quenoe  dependa  in  a  great  d^ree  on  the  state  of  the  mind;^' 
which  must  conceive  im^es  of  otgects,  and  tranafonn  itself,  so 
to  speak,  to  the  natore  of  the  thinge  of  which  we  diBoourae. 
Besides,  the  more  noble  and  loft;  a  mind  is,  bj  the  more 
powerful  springs,  as  it  were,  is  it  moved,  and  accordinglj  ia 
both  Btrengtbened  bj  praise,  and  enlarged  bj  effort,  and  is 
filled  with  joy  at  achieving  something  great.  31.  But  a 
certain  secret  disdain  is  felt  at  lowering  the  power  of  elo- 
queoce,  acquired  by  so  muoh  labour,  to  one  auditor :  and  the 
teacher  is  ashamed  to  raise  his  style  above  the  level  of  ordinary 
conversation.  Let  any  one  imagine,  indeed,  the  air  of  a  man 
haranguing,  or  the  voice  of  one  entreating,  the  gesture,  the 
proaunoiation,  the  agitation  of  mind  and  bodj,  tiba  eiertion, 
and,  to  mendon  noting  else,  the  fat^e,  while  he  has  but 
oue  auditor;  would  not  He  seem  to  be  tweeted  with  something 
like  madness  ?  There  would  be  no  eloquence  in  the  world, 
if  we  were  to  speak  only  with  one  person  at  a  time. 


CHAPTER  III 


Uipodtdon  and  aInlitMa  of  »  papU  to  ba  tMetrtaiaei,  |  1 — t.    Pi^ 
OMdovuMK  not  dcnnbl^  i—6.     "     "  .     .        ■. 


, .__ On  the  E 

0,  7.    On  reUiaUon  tod  play,  3 — ISl    On  oorpoitl  p 
14—18. 

1 .  Lei  him  that  is  skilled  in  teaching,  ascertain  first  of  all, 
when  a  boy  ia  entrusted  to  him,  his  ability  and  dispoflition.*~ 
The  chief  symptom  of  ability  in. children  is  memory,. of  which  — 
the  ^Mollence  is  twojbld,  to  receive  with  ease  and  retain  with      y- 
fidelity.     Ilie  next  symptom  is  imitation ;  for  that  is  an  indi  -y 
catdon  of  a  teachable  disposition,  but  with  this  provision,  that 
it  express  merely  what  it  is  taught^  and  not  a  person's  manner 
or  walk,  fbr  instance,  or  whatever  may  be  remarkable  far  de- 
fonnity.     3.  The  boy  who  shall  make  it  his  aim  to  raise  a 
laugh  by  his  love  of  mimioiy,  will  afibrd  me  no  hope  of  good 
capacity;  for  he  who  ia  possessed  of  great  talent  will  be 
well  disposed ;    else    I   should    think  it  not  at   aill  worse 
to  be  of  a  dull,  than  of  a  bad,  disposition ;  but  he  who  is 
honourably  inclined  will  be  very  difiierent  trom  the  stupid  oi 


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3ft  ipsnmuAK.  [&  I. 

idle.  3.  SDoh  B  pnpl  as  I  woald  ban,  wOl  «ulj  leun  wbst 
~  is  buigfat  him,  and  will  uk  qaestionB  about  aome  things,  but 
will  sdll  rather  follow  than  nin  on  before.  ^That  precmuoos 
sort  of  talent  scarcely  ever  comes  to  good  mtit.  ^4.  Such  are 
those  who  do  little  things  easily,  and,  impelled  bj  impadence, 
^  show  at  once  all  that  tney  can  accomplisli  in  such  matters.* 
But  they  succeed  only  in  what  is  r«ady  to  tlieir  hand ;  the; 
Btring  words  together,  uttering  them,  with  aa  intrepid  connte- 
nance,  not  in  the  least  disoouraged  by  b«ri)fiiliieae ;  and  do 
-.j— little,  but  do  it  readily.  6.  There  is  no  real  power  behind,  or 
any  that  rests  on  deeply  fixed  roots ;  bat  they  are  like  seeds 
which  have  been  scattered  on  the  Burfiue  of  the  ground 
and  shoot  op  prematurely,  and  like  grass  that  resembles 
corn,  and  grows  yellow,  with  empty  ears,  before  the  time  of 
harvest  Their  efforts  give  pleasure,  as  compared  with  their 
years ;  but  theic  progress  comes  to  a  stand,  and  otir  wonder 


6.  When  a  tutor  has  observed  these  indications,  let  him  netf^ 
^  consider  bow  the  mind  ofhis  pupil  is  to  be  mantled.   Some  boys 
are  indolent,  unless  you  stimulate  them  ;  some  are  indignant  at 
being  commanded  ;  fear  restrains  some,  and  unnerves  others  ; 
continued  labour  forms  some ;  with  others,  hasty  efforts  succeed 
better.    7.. Let  the  boy  be  gi'en  to  me.  whom  praise  stimulates, 
whom  honour  delights,  who  weeps  when  he  is  unsucoessful. 
*^HiB  powers  must  be  cultivated  jinder  the  influence  of  am- 
bition;   reprMch  will  stiughim  to  the  quick;   honour  will 
.  incite  him ;  and  in  such  a  boy  I  shal!  never  be  apprehensive 
of  indifference. 
V-      8.  Yet  some  relaxation  is  to  be  allowed  to  all ;   not  only 
becaP8e_diew  is  nothing  that  can  tear  perpetoal  labour,  (and 
even  those  things  that  are  without  sense  andlife  are  unbent  by 
alternate  rest,  as  it  were,  in  order  tbat  they  may  preserve  their 
vigour,)  but  because  applicarion  to  learning  depends  on  the 
'~'  will,  which  cannot  be  forced.-   S.  Boys,  accordingly,  when  re- 
invigorated  and  refreshed,  bring  more  eprightliness  to  their 
learning,  and  a  more  determined  spirit,  which  for  the  moat 
p^[)art  spurns   compulsion.     10.  Nor  will  play  in   boys  dis- 
please me ;  it  is  aiso  a  si        *    '      " 


a  sign  of  vivacity  ;  and  I  cannot  expect 


D,j„.„^L,  Cookie 


oa,  dl]  nmcATtoM  or  jui  outob.  37 

Uut  h«  who  is  alwajB  doll  uid  apiritlaM  will  be  of  an  Mget 
dispoeition  in  his  etudiea,  when  be  ia  indiSerant  even  to  iSal 
excitement  wbidi  is  natnnl  to  his  ag«.  II.  There  mitat  how- 
ever be  bounds  set  to  relaxation,  lest  the  refusal  of  it  beget  an 
aveision  to  study,  or  too  mnoh  indulgence  in  it  a  habit  of 
idleness.  There  are  some  kinda  of  amusement,  too,  not  -* 
unserrieeable  for  sharpening  the  wits  of  bojs,  as  when  they 
contend  wilb  each  other  bj  proposing  all  sorts  of  questions  in 
turn.  IS.  In  their  pkys,  also,  their  moral  dispositions  show 
themselves  more  plsinly,  supposing*  that  there  is  no  i^e  so 
tender  that  it  ma;  not  readilj  learn  what  is  right  and  wrong ; 
and  the  tender  age  may  best  be  formed  at  a  time  when  it  isigno- 
rant  of  dissimulation,  and  most  willingly  submits  to  iustmctors ; 
for  you  may  break,  sooner  than  mend,  that  which  has  hardened  >. 
into  deformity.     19.  A  child  is  aa  early  as  possible,  therdore. 

dishonestly,  nothing  without  self-oontrol ;  and  we  must  always 
keep  in  mui9  the  &UM  St  VITgtl.  AJeo  tn  Untru  conmetcere 
midtmnttt,  "of  so  much  importance  is  the  acquirement  of  habit 
in  the  young." 

H.  R^t  thyt  boTS  should  suffer  corporal  punishment,  though  ( 

it.  I  by  no  means  approve ;  first,  hecaose  it  is  a  disyraee.  and 
a  pOMIiUmBnt.  tnr  HlftvSi.  and  in  rwility  (us  will  hw  evident  if 
you  im^ne  the  age  changedt)  oaj^Qapt;  secondly,  hanantw 
if  a  bov's  disposition  be  so  abject  aa  not  to  be  amended  by 
reproof,  he  will  be  hardened,  like  the  worst  of  slaves,  even  to 
stripes;  and  laatlyj  because,  if  one  who  regularly  exacts  his 
tasks  be^  with,  him,  there  will  not  be  the  least  need  of  any 
Buoh  chastisement.  15.  At  present,  the  negligence  of /urda^^ 
seems  to  be  made  amends  for  in  such  a  vray  that  boys^  are  not 
obliged  to  do  what  is  right,  but  are  punished  whenever  they 


that  th«  maalar  knows  how  to  turn  ue  oUldiih  simplioity  to  proSt, 
and  fMli  ooavineed  tint  the  undnalaDding  of  what  u  ri«it  may  be 
prodiioed  and  fostered  sven  In  tha  tenderasl  ysan.    Spaldtitg. 

t  That  i^  if  the  paaiduiMit  be  inflicted  on  a  grown  person. 
Sfdidi»g. 

X  Ntmtfert  ne^gtntia  padagogoritm  lie  tmtttdari  viiMw,  mt  jMwn 
non  faeen,  Ao.]  Barmum,  witb  Bome  other  editor^  baa  vidcafw,  witii 
ntgligeiUii  in  the  ablative  ooi^  and  thinka  Uut  the  pamge  wouM 
b«  improred  if  ws  wera  to  itad  twurtdari  ridtafwr  fiuri,  «!  amt,  tm. 


L,Goog\c 


f>  ^,_    |llnTe  Dot  done  it.     Beddea.  attar  jcm  h»B  memfld  a  boy  mth  I 

'  rtripBg.  how  ffill  yftq  trfigt  him  when  he  becom^g„a  joung  man,  t,^^^ 
'/'■'  If^^rT*"''^  ^timr  rnnrint  hn  hnM  -^^'^—JK^-l.^^Tg-nimg  '^^  j 
diiBonlt  studies  most  be  pursued?    16.  Add  to  these  connder- 
fttioDB,  that  manj  things  unpleasant  to  be  mentjoned,  uid 
likely  afterwards  to  cauM  shame,*  often  happen  to  boys  while  ' 

being  whipped,  under  the  infiuence  of  pun  or  fear ;  and  such  i 

shame  enervates  and  depresses  the  mind,  and  makes  lliein 
shun  people's  sight  and  feel  a  constant  nneasiness.t     IT-  Ifi  J 

moreover,  there  has  been  too  little  care  in  choosing  governors  'i 

and  tutors  of  reputable  cbarscter,}  I  am  ashamed  to  say  how 
scandatoual;  nnworthy  men  may  abuse  their  privilege  of 
punishing,  {  and  what  opportimity  also  the  tenor  of  the 
'  unhappy  children  ma;  sometimes  afford  to  others. |j  I  will  not 
dwell  upon  this  point;  what  is  already  understood  is  more  thaa 
enough.  It  will  be  sufBcient  therefore  to  intimate,  that  no 
man  should  be  allowed  too  much  authority  ovcy  an  t^e  so  weak  s. 
and  so  unable  to  resist  ill-treatment,  I 

16.  I  will  now  proceed  to  show  in  what  studies  he  who  is  to 
be  BO  trained  that  he  may  become  an  orator,  must  be  instructed, 
and  which  of  them  must  be  commenced  at  each  particular 
period  of  youtli. 


CHAPTER  IV. 


Of  gTMomU',  wot  1—0.  Rsmufa  on  oartun  laUan  and  dcrintloiu 
of  worda,  7 — IS.  Change*  in  word^  13—17.  Of  tbe  puts  of 
■paaoh,  18 — 31.    Soma  obMrratioiu  on  uoiuu  ud  verb^  29 — 29. 

I.  Ih  regard  to  the  boy  who  has  attained  facility  in  reading 
and  writing,  the  next  object  ia  instruction  from  the  gram- 

*  Pnaertim  n  natet  pnAtrt  eogoMitr.    Bormuin. 

t  JpiMH  limit  fitgam  tt  tadUim  a\elat.'\  "  Indoow  >  ihunning  of  tha 
tnj  light,  and  an  aDeadDeaB." 

X  Si  minor  m  diUgmiit  n»loitm  tl  praeipioram  moribut  fmt.]  "  It 
there  hu  bean  too  little  care  in  rntllll'g  choiea  of  the  monua  of 
guardisiu  and  precepton." 

i  In  qaa  probra  m^fandi  lomina— obnloatw.]  latdUgit  ataora.  ooa 
awpe  puerii  inferandi  hioo  oMsoio  pnebetur ;  quod  qiwti  n 


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cb.it.]  kdocation  op  an  oratdb.  Sfl 

(Darkns.*  Nor  is  it  of  importance  nhetber  I  spMtk  of  tba 
Greek  or  Latin  grammarian,  though  I  am  inclined  to  think 
that  the  Greek  ahonld  take  the  precedence.  3.  Both  have  the 
same  method.  This  profeasion,  then,  distinguished  U  it  is, 
most  compeudionsly,  into  tvro  parts,  the  ait  of  tptMng  cor- 
rectly, and  the  iUvttration  of  tk«  ^otU,  carries  more  beneath  the 
snrface  than  it  shows  on  its  front.  S.  For  not  onlj  is  the  art 
oj  tBritmg  combined  with  that  of  ^teakiug,  but  correct  rtading 
alto  precedes  illustration,  and  with  all  these  is  joined  the  exer- 
cise of  judgmeta,  which  the  old  grammariansjt  indeed,  used 
frith  such  severity,  that  tbej  not  onlj  allowed  themselves  to 
distingnish  certain  verses  with  a  particular  mark  of  ceDsmv,^ 
and  to  remove,  as  spnrious,  certain  books  which  had  been  in- 
Bcribed  with  false  titles,  firom  their  sets,  but  even  brought 
■ome  anthoia  within  their  canon,  and  excluded  others  altogether 
from  classification.^  4.  Nor  is  it  sufficient  to  have  read  the 
poets  only  ;  ever;  class  of  writers  must  be  studied,  not  simplj 
for  matter,  but  for  words,  which  often  receive  their  authority 
from  writers.  Nor  can  grammar  be  complete  without  a  know-  -^ 
ledge  of  masic,{|  since  the  grammarian  hi^  to  speak^  of  metre 
and  rhythm ;  nor  if  he  is  ignorant  of  astronomy,  can  he  under- 

*  ^lat  is,  the  longiuge  mtrtrri.  teabhera  of  luigiugM  and  Htsntim, 
Latin  or  Oieek,  as  is  srideDt  koia  what  is  aftenwdg  said  of  them. 

t  He  meuw  espeoUlly  those  of  Alexaiulria,  of  whom  TilltdaoD  baa 
treated,  in  our  dav,  in  his  ProWomenk  to  the  Iliad,  and  F.  A.  WoU; 
also,,  in  bia  Prolsgomena  to   Homer;   both  with  gnat   enidition. 


X  The  critica  tuad  two  markii  the  ofttriA,  to  rignUy  that  wtiiething 
was  wanting;  the  uMwb,  ta  indicate  that  ■omethiug  had  beuk  tDl«rpO- 
lated  or  wu  fBulty.     IWn^wi. 

S  A  itelora  aliat  i»  ordinan  redtgerint,  idiot  (mnimo  Bcemmwl  aMMwro.] 
Thete  has  been  much  diapute  aboat  tiie  mimninr  of  Uwae  words.  I 
fi>1I(fw  Spalding,  who  adopts  the  apinion  of  BnhiLken,  tli&t  rtdii/tre  nt 
Dnftimt  and  txiraert  i  immtrc  are  ezpreeaiuna  equivalent  to  the  Greek 
wordB  iytpimv  and  tKtpivuy.  That  this  is  the  right  interpretation 
will  now  ncatcely  be  doubted.  Begius,  and  othera  c^  the  older  mtic^ 
thought  that  r^igen  m  ordiHtn  signified  "  to  condemn'  (as  eogere  in 
erdiiwM,  "to  reduoe  to  the  ranks,  in  Livj  and  other  writers,  with 
referenoe  to  a  tiibune  or  centurion),  and  anmere  i  wuaum,  "  to  teleot 
from  the  common  hwd."  The  question  is  discussed  at  socoe  length  by 
Spalding. 

I  3o  n>r,  at  least,  aa  to  acquire  a  oomol  ear  for  ihTthm  in  prose, 
•nd  lOr  metra  in  peatiy. 

H  M — dicmdwn  »iC\  fCi,  ie.  gronmatiea,  the  tiling  for  the  peiwin. 
/gnarOf  too,  below,  reieia  to  fyramaofica. 


D,j„.„^.,  Cookie 


kO  Qf^NTILUK.  (B.  t 

■tsnd  the  poets,  wfao,  to  say  nothing  of  other  mmttere,  so  cAen 
kllude  to  the  rising  and  setdog  of  the  etara  in  marking  ths 
Masons ;  nor  must  he  b«  anocqiminted  vith  philosophy,  both 
on  account  of  nnmbeis  of  passages,  in  almost  all  poema,  drawn 
from  the  most  abstruse  subtleties  of  physical  investigation,  and 
also  on  account  of  Empedocles  among  the  Greeks,  and  Varro 
and  Lucretius  among  the  iMina,  who  have  committed  the  pre- 
cepts of  philosophy  to  verse.  6.  The  grammarian  has  also 
need  of  no  small  portion  of  eloquence,  that  he  may  speak  aptly 
and  flnently  on  each  of  those  subjects  which  are  here  mentioned. 
Those  therefore  are  by  no  means  to  be  regarded  who  deride 
this  science  as  trifling  and  empty,  for  unless  it  lays  a  sure 

>^foundalioa  for  the  future  orator,  whatever  superstructure  you 
raise  will  fall ;  it  is  a  sdence  which  is  necessary  to  the  young, 
pleasing  to  the  old,  and  an  agreeable  companion  in  retirement, 

7  and  which  alone,  of  all  departments  of  learning,  has  in  it 
more  service  than  show. 

6.  Let  no  man,  therefore,  look  down  on  the  elements  of 
grammar  as  small  matters ;  not  because  it  requires  great 
labour  to  distinguish  consonants  from  vowels,  and  to  divide 
them  into  the  proper  number  of  semivowels  and  mutes,  but 
hecause,  to  those  entering  the  recesses,  as  it  were,  of  this 
temple,  there  will  appear  much  subtlety  on  points,  which  may 
not  only  sharpen  the  vita  of  boys,  but  may  exercise  even 
the  deepest  erudition  and  knowledge.  7.  Is  it  in  the  power 
of  every  ear  to  distinguish  accurately  the  soimds  of  letters  ? 
No  more,  assuredly,  than  to  distinguish  the  sounds  of  musical 
strings.  But  all  grammarians  will  at  least  descend  to  the  dis- 
cussion of  such  curious  points  as  these  :  whether  any  necessary 
letters  be  wanting  to  us,  not  indeed  when  we  write  Greek,  for 
then  we  borrow  two  letters*  from  the  Greeks,  but,  properly,  in 
Latin:  8.  as  in  these  words,  wruui  et  nulgui,  the  ^olic  di- 
gammaf  is  required  ;  and  there  is  a  certain  sound  of  a  letter 

•T»DdZ. 

t  When  the  Bomana  pionounced  Uie  con>0Daiit  v,  they  did  not 
dii^inguiih  it  from  the  vowal,  but  dedgnsied  both  by  the  cttkracter  v. 
In  writioK  audi  words  m  mpkhi  and  vutgiit,  thenton,  the  want  of  a 
digUnot  dbaraeter  for  each  was  8''^^  ^^  *ha  sama  letter  bting  used 
twio^  at  MTWU,  mlgii*,  with  two  dirarent  aoundi.   See  Caniodomi  4» 


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en.  IV.]  mocAnoK  of  ak  obator.  31 

between  u  and  (,  for  we  do  not  pronounce  opttmum  tike  opi' 
nuini;*  in  &«re,  too,  neither  «  nor  t  ia  distinctlj  heard:1 
whether,  again,  other  letters  are  redundant  (besides  the  mark 
of  aspiration,  which,  if  it  be  necessary,  requires  also  a  contrary 
markj),  as  k,  which  is  itself  the  marie  of  certain  namea,§  and 
f  (similar  to  which  in  sound  and  shape,  except  that  g  ia 
slightly  warped  bj  our  writers,  koppajj  now  remains  among  the 
Greeks,  thot^h  only  in  the  list  of  numbers),  as  well  as  x,  the 
last  of  our  lett«i«,  which  indeed  we  m^bt  have  done  withoat,1  if 
we  had  not  sought  it  1 0.  With  regard  to  vowels,  too,  it  is  the 
buanesB  of  the  grammarian  to  see  whether  custom  has  taken 
any  for  consonants,  since  iam  is  writt«n  as  lam,  and  uot  as  eo$.** 
But  vowels  which  are  joined,  as  vowels,  make  either  one  long 
p.  3,  Boct.  9.  Claadiiu  Ctatt  attempted  to  bring  the  ■Tig«mm«  iota 
use,  but  Ud  ctHtoDi  tea*  too  ttrong  for  Atn,  ae  Priaciao  nyi,  PutKli.  p. 
6*8.  See  Tacit.  Ann.  li  14  ;  Dionya  HaL  Antiq.  Rom.  p.  IS,  ed  Sylb. ; 
Foster  oa  Acoeat  uid  Quantity,  p.  12S.    SpaUUng. 

*  We  do  not  pronounce  the  letter  >  ao  fully  in  optunwn  u  in 
eciBnnn,  but,  u  it  were,  with  >  duller  «oimd,  so  m  to  i^ke  it  neail; 
the  sune  witb  h,  npfwniMt.    ^nUdiitg. 

f  Heno*  it  appean  wby  the  poeti  tuad  either  ken  or  luri,  u  it 
snitad  their  purpose.  Spalding.  Hare  is  used  by  Juvenal,  iii,  23, 
and  bj  Horace,  Sat  ii.  S,  2.    Fram  c.  7,  aeot.  22,  it  appears  that  lUre 

i,  The  aid  Latina,  like  the  QreekB,  pnt  th«  mark  of  aspiration  over 
the  voweU,  as  we  ounelvei  see  in  old  mannacripts,  in  which  wa  read 
dvMHii  and  idie,  and  as  appears  fWim  this  paiiage  of  QuintilLAii,  for, 
■aya  he,  if  a  liga  of  aspiration  ba  necasaary,  a  sign  of  tlw  absence  of 
aapimtion  ia  alao  nscewaiy.     Caatcrariut. 

§  Qua  tt  tpta  qKomndam  HomiiHim  nota  at.]  Why  Qointilian  adds 
this  remarfc,  especially  with  d  qua,  is  not  ^together  dear,  i  luppoae 
that  he  alludes,  howerer,  to  tlie  letter  h  ;  for  as  K  was  not  admitted  by 
some  to  be  a  letter,  but  waa  called  merely  a  mark  or  aign,  so  Qaintilian 
seems  to  think  that  h  might  rather  be  regarded  aa  a  distinction  of 
certain  particular  words  than  aa  a  letter  of  the  alphabet.  SpaUUnif. 
Koto  and  Kalt»dit  were  two  of  the  words  for  which  it  atood.  Prisdao 
aaya  that  h  and  g  were  not  neoessary  to  the  Romana,  as  they  had  c. 
T<ur*Am.     See  alao  Teliua  Longua  apud  Putadi.  p.  2213. 

H  Quintdlian  signifies  that,  in  the  old  Greek  dlpbabet,  Eoppa,  th* 

Eujih  of  the  Eebrew^  was  counted  as  one  of  the  letters.    It  waa 

•    vanonsly   formed,    and    etood    for    the    number    ninety.     Sptddimg. 

"Slightly  warped,"  jxwiicn  oifigwifw,  Qeaner  and  Spalding  undw- 

ttand  of  the  aiaiions  tail  of  the  Roman  q. 

\  Before  x  was  introduced  into  the  Boman  alphabet,  rvx  waa  written 
rsjK  and  ptx,  ^Mct.    Max.  Viotorin.  apud  Patach.  p.  Id45. 

**  Iliat  is,  lOM  ia  aa  mach  a  monoajllable,  in  proDundation,  as  tam^ 
and  VM,  i.  t.  vo^  aa  ma     For  uot,  Bninusn  and  Gcaoer  read  jxo*- 


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39  ,        QOumuAV.  {b.! 

vowel  *  as  the  ancientB  irrou,  who  used  the  donbltag  of  them 
instead  of  the  circumflex  accent,t  or  tufo ;  thon^  perhaps  some 
one  ma;  suppose  that  a  syllable  maj  be  formed  even  of  three 
ronelfi ;  but  this  cannot  be  the  case,  unless  some  of  them  do  the 
dutj  of  consonants.  1 1.  The  grammarian  will  also  inquire  how 
two  vowek  onl;  have  the  pow'ir  of  uniting  with  each  pther,^ 
when  none  of  the  consonaats  can  break  any  letter  but  another 
consonants  ^'"^  ^^  letter  i  onites  with  itself;  &r  eoniieit  is 
from  iaeU,\}  and  so  does  u,  as  vutgia  and  t»nnu  are  now  writ- 
ten. Let  the  grammarian  also  know  that  Cicerol  was  indined 
to  write  aiio  and  Maiia  with  a  double  i,  and,  if  this  be  done, 
the  one  i  will  be  joined  to  the  other  as  a  consonant.  IS.  Let 
the  boy,  therefore,  learn  what  is  peculiar  in  letters,  what  is 
common,  and  what  relationship  each  has  to  each,  and  let 
him  not  wonder  why  KoMiwn**  is  formed  from  teamnum,  or 

*  The  MnM  of  tliia  pusags,  i^i  Spalding,  i>  u  roUowi :  two  Towela 
ootning  togeUier  rorm  either  one  Towel,  u  vditmau,  or  two,  m  out ; 
far  three  vowali  am  nsvar  joined  to  form  a  syll^la  luJeM  one  <^ 
them  discharge  the  duty  of  a  ooniailmt,  u  vm. 

t  A>  vidttrt  invtcad  of  vidire. 

t  The  ume  two  TOwela  are  someCimea  ao  united  that  the  one  melta 
or  merges  into  the  other ;  they  no  longer  preeerve  the  ToRie  of  two 
Towela,  bot  one  uaumea  the  natiue  of  a  oonaoDaot.  Thue,  gomkiI  is 
not  a  word  of  four  ^Ilaldas,  but  only  of  three  ;  yet  the  second  is  not 
lengthened,  aa  the  first  i  beoomae  in  reality  a  Donsoiiaiit.     Oantr, 

§  The  case  ie  different  with  remrd  to  the  mme  two  congooaota 
coming  together.  Id  the  word  iiddii,  for  example,  both  (Ti  retain 
their  full  force,  and  form  a  long  q'UaUe  with  the  vowel  a.  But  one 
ooneonant  Bometimee  "breaka"  another  difibreot  fWun  itself;  thus 
liquids  "  break  "  mutaa,  i^  eoaleaoe  with  them  in  each  a  manner  aa  to 
form  one  Bound,  and  on  that  acoomit  do  not  neoetunjily  lengthen  a 
abort  Towel  preoeding  them.  Thia  pasaage  ia  fiilly  illustr^ed  bj 
anotber  of  Qnintiliau,  ni.  10,  29,  where  the  letter  /,  in  the  very  <iT(»d 
frango.  ia  aatd  to  break  a  oouaonant.  Ain«r.  In  this  exampl^  how- 
ever, it  ia  not  the  liquid  tiiatia  laid  to  "break'  or  weaken  the  mute, 
bnt  Qm  mute  that  la  aaid  to  break  the  liquid  ;  tlius,  lesa  will  be  heard 
of  Qie  MHmd  of  the  r  if  /  be  put  before  it  than  if  no  letter  precede  it 
In  like  nuamer,  too,  the  Bound  of  the  /  will  ba  leas  full  when  r  follows 
it  Ulan  if  no  letter  intervened  between  it  and  the  vowel.  The  conw- 
nant%  tiierglbrc^  mntnally  "  break"  or  weaken  each  other. 

I  Be  menUona  the  denvaUon,  aa  Spalding  justly  remarks,  to  ahow 
that  there  were  really  two  fa  in  taniicit,  the  o  of  iaat  being  ohaaged 

^  The  oommenlatora  have  sought  in  vain  for  any  aoch  nmirk  la 
Uie  extaat  works  of  Cioero. 
**  For  »camtllwm,  aa  hj/bmtmt  tor  kfnumm^ 


L,  Google 


(&IT.t  BDCCATIOH  Of   AIT  OEATOB.  33 

whj  Hptnnis,  to  axe  with  an  edge  each  wav,  is  fbnnod  Trom 
pitaut,  which  means  something  sharp ;  that  he  ma;  not  follow 
the  error  of  those,  who,  because  they  think  that  this  word  is 
ironi  two  wings,  would  have  the  wings  of  birds  called  pintue.* 

J  3.  Nor  let  him  know  thoee  changes  only  which  de- 
clension t  and  prepositions  introduce,  as  aecat  lecuit,  cadit 
axcidit,  cmdit  eaxidit,  calcat  exadcat ;  (90  lotu»  from  lavare, 
whence  also  illottu;  and  there  are  a  thousand  other  similar 
derivations;)  but  also  what  alterations  have  taken  place,  even 
ID  nominative  cases,  through  lapse  of  time  1  for,  as  Valefii  aud 
FuiU  have  passed  into  Vaterii  and  Ftirii,  so  arboa,  lahoi,  vapot, 
as  well  as  clamoj  and  Imes.l  have  hod  their  day.  14.  This  very 
letter  »,  too,  which  has  been  excluded  from  these  words,  has 
itself,  in  some  other  words,  succeeded  to  the  place  of  another 
letter;  for  instead  of  mermre  &ni puUare,  they  once  said  mer- 
tare  and  ptiltare.  They  also  said  jorieu.rn  and  feedut,  using, 
instead  of  the  aspiration,  a  letter  similar  to  rau  ;  for  the 
Greeks,  ou  the  other  hand,  are  accustomed  to  aspirate,§  whenco 
Cicero,  in  hia  oration  for  Fundaniua,  laughs  at  a  witness  who 
could  not  sound  the  first  letter  of  that  name.  15.  But  we  have 
also,  at  times,  admitt«d  b  into  the  place  of  other  letters, 
whence  Bumit  and  Bruget.  ||  and  Bdena.  The  same  let- 
ter moreover  has  made  beilum  out  of  dueUiim,  whence 
some  have  ventured  to  call  the  DtullU.  BelUi.V  16.  Why 
need  I  speak  of  sthctu  and  lititea  ?  •*     Why  need  I  men. 

*  Quintilko  seems  to  think  Uiat  the  wingd  of  birds  should  never  be 
called  phtna  j  but  this  waa  e,  rule  not  geuerally  observed.  VoBsiufv 
looking  to  thia  passage  of  Quintiluin,  supposes  that  jwum  was  derived 
from  an  old  adjective  pamtii,  acute. 

f  Used  of  verbs  as  well  as  of  noons. 

i  Foilartt. 

f  The  Qreeks  used  tiie  aaptnted  /,  or  ^ ;  and  the  Greek  witness 
could  not  get  rid  of  the  sapirate  in  atttnaptiiig  to  pronounce  Fundauius. 

II  For  Pyrrhtis  and  Phryga,  soe  CJc.  Orat.  a,  ii.  Begins  and  otbers 
snppoBe  that  Bdtna  is  for  Ntleaa  ;  "  but."  says  Spalding,  "  there  is  ■ 
more  ingenioos  conjectnre  of  Caonegieter.  -which  perhapa  cornea  neftrer 
tu  the  truth,  in  his  dissertation  on  Avianua,  p.  257  ;  be  thinks  that  the 
mstio  tribe  IWiBO.niBiitionBd  bj  Cicero,  Horace,  and  PeraiuB,  ia  maant, 
as  Boltinia  is  used  for  Vottaaa,  also  tlie  name  of  a  tribe,  in  one  o( 
Urnter's  inacripMons." 

11  See  Cic.  Orat,  0.  i6.  Of  that  family  was  the  DiialUua,  or,  as 
eenerall;  written,  DuUliua,  who  gained  the  first  victory  by  sea  over  Ho 
Cartiiaginiana. 

"  We  read  iHUa  for  lUet  on  sld  m&rblsa.    That  tOociu  was  used  fol 


D,j„..;^,.,  Cookie 


$4  <}01NTIUAK  [a  L 

tion  that  tliere  is  a  certua  relationship  of  the  letter  t  to  rf? 
Hence  it  is  &r  firom  surprising  if,  on  the  old  bniMings  of  onr 
tilj,  aEd  well-known  temples,  is  read  AlexanUr  and  Cattantra. 
Vfhj  should  I  specify  that  o  and  u  are  interchanged  ?  so  that 
Hecoba  and  notrix,  Ciilchida  and  Pui^wmi,  were  used,  and, 
that  this  maj  not  be  noticed  in  Greek  words  only,  dederont 
and  pTobaveront.  So  *0*«»*«i(,  whom  the  .^kilians  made 
OuSumtAf,  was  turned  into  UlytM*.  17.  Waa  not  e,  too, 
put  in  the  place  of  i,  as  Men»Tva,  Uber,  tnagetter,  and  Diiove 
and  VtioM  for  DUovi  and  Veiovi  f  Bat  it  is  enough  for  uie  to 
point  to  the  subject ;  for  I  do  not  teach,  but  admonish  those 
who  are  to  teach.  The  attendou  of  the  learner  will  then  be 
transferred  to  syllables,  on  which  I  shall  make  a  few  remarks 
under  the  head  of  orthography. 

He,  whom  this  matter  shall  concern,  nill  then  understand 
how  many  parts  of  speech  there  are,  and  what  they  are ; 
thoughaato  their  number  writers  are  bj  no  means  agreed.  18. 
For  the  more  ancient,  among  whom  were  Aristotle  and  Theo- 
dectes,  said  that  there  were  only  vtibt,  tunmt.  and  cmuirwiion*, 
because,  that  is  to  say,  they  judged  that  the  force  of  language 
was  in  verbs,  and  the  matter  of  it  in  douds  (since  the  one  is 
what  we  speak,  and  the  other  that  of  which  we  speak),  and  that 
the  union  of  words  lay  in  conrinctions.  nbich,  I  know,  are  by 
most  writers  called  eanjunctiont,  but  the  other  term  seems  to 
be  a  more  exact  translation  of  avriisiUi.  19.  By  the  phi' 
losophers,  and  chiefly  the  Stoics,  the  number  was  gradually  in- 
creased ;  to  the  convinctiona  were  first  added  at-tklet,  then 
fT^gitiont;  to  nouns  was  added  the  appellation,  next  the 
))ronoun,  and  afterwards  the  participle,  partaking  of  the  nature  oi 
the  verb ;  to  verbs  themselves  were  joined  adverh*.  Our  lan- 
guage does  not  require  artide»,  and  they  are  therefore  divided 
among  other  parts  of  speech.*     To  the  parts  of  speech  already 

iacm  is  ahoim  by  Fmtua,  wlio  bIbo  mentions  tSaia,  a  kind  of  bent,  from 
(ntiH,  brood.    Spalduig, 

*  In  aliat  parla  orati<mii  tpargunltir.']  Ad  eitraordiDaty  mode  of 
Bpeakinx.  ab  Spalding  obstfrvua.  What  the  Greeks  expreoBed  by  moant 
of  the  article,  «a.yB  Quintilian,  vaa  expreiieed  among  the  Latins  by  the 
kid,  sometimes  of  one  part  of  speech,  sometiraee  of  another.  But  the 
chief  instrument  for  supplyinfr  the  want  ot  the  artide  was  the  pronoun 
iOe;  as,  in  this  chapter,  seot.  11,  ab  illo  "  jocit,"  which  the  Greeks  would 
have  cipresBBd  by  i^i  mv  jaeU.  Qeincr  obserree,  too,  that  alter  was 
univalent  to  h  iltXag,  "  iht  otlMr,"  while  oiuu  meant  simply  "  another.* 


t,  Google 


oh.it.]  sDVcanoti  or  ax  okatok.  Si 

tuenlioaed  was  added  the  inte^ection.  20.  Otber  writers, 
however,  certainly  of  competent  judgmeat,  have  made  eight 
parts  of  speech,  as  AristarchuB,  and  Paltemon*  in  our  own  iky, 
who  have  included  the  voeaiU,  or  appMatian,  tmder  the  naau 
or  noun,  as  if  a  species  of  it.f  But  those  who  make  the  noun 
one.  and  the  toeaUe  another,  reckon  nine.  But  there  were 
some,  nevertheleea,  who  even  distiuguinhed  the  vocabU  from  the 
appeUatum,  so  that  the  voeaiU  should  signify  an;  substance 
manifest  to  the  sight  and  touch,  as  a  houte,  a  bed ;  the  an- 
peUation,  that  to  which  one  or  both  of  these  properties  should 
be  wanting,  as  fht  mind,  heaven,  Ood,  virtM.  They  added  also 
the  aaeveratitm,  as  Keu,  "  alas ! "  and  the  attreetation,  as 
fateeaiim,  "  in  bundles ;"  j  distinctions  which  are  not  approved 
by  me.  fil.  Whether  wgtttiyo^ci  should  be  translated  by 
voadle  or  appellation,  and  whether  it  should  be  comprehended 
under  the  noun  or  not,  are  questions  on  which,  as  being  ol 
little  importance,  I  leave  it  free  to  otfaera  to  form  an  opinion. 
£2.  Let  boys  in  the  first  place  learn  to  decUne  nouns  and 
cotQUgate  verl» ;  for  otherwise  ibey  will  never  arrive  at  the 
understanding  of  what  is  to  follow ;  an  admonition  which  it 
would  be  superfluous  to  give,  were  it  not  that  most  teachers, 
through  oetentatioQB  haste,  begin  where  they  ought  to  end,  and, 
while  they  wish  to  show  off  their  pupils  in  matters  of  greater 
display,  retard  their  progress  by  attempting  to  shorten  the 
road.  33.  But  if  a  teacher  has  sufficient  learning,  and  (what 
is  often  found  not  less  wanting)  be  wilUng  to  teach  what  he 
has  learned,  he  will  not  be  content  with  stating  that  there  are 
three  genders  in  nouns,  and  specifying  what  nouns  have  two 
or  all  the  three  genders.  34.  Nor  shall  I  hastily  deem  that 
tutor  diligent,  who  shall  have  shown  that  there  are  irregular 

*  A  grammBmn  at  Borne  in  the  reigns  of  Tiberius  and  Claudius. 
Suetoniua  OQ  EmineDt  Qrunmariaus,  o.  23  ;  JuTeoal,  vi.  4f>3 ;  viL  21fi. 
A  fow  relics  of  his  writiogB  nuy  be  Men  in  Uie  coilecbon  of  ihe  Oram- 
mfir**"*  b;  Putscb. 

i-  Taiaguam  tpttia  <r<u.]  How  »  nomiiiatiTe  oaii  be  uBed  hen  is 
icaroely  apparent ;  but  it  cannot  be  an  aceuiative  plural,  sb  the  weable 
and  af^wUUton  are  but  one  thing.  Oesner  wocid  subatitnte  tpecimfs. 
I  think  &e  most  simple  mode  of  correction  is  to  write  ipeciaa. 
Spalding. 

X  Bat  is  an  asseveration,  inurmach  aa  it  strengthens  the  lamea- 
tatioQS  of  him  who  atters  it.  J'uMxaCvm  signiSes  attreetation  oi 
bandling,  because  we  use  such  adverbs  when  we  take  bold  of  or  liandls 
•  □umbira'  of  tbint*  in  om  hand  or  imipnatiDB.    SptUdwg. 

S  3 


D,j„..;^L,  Cookie 


so  QTTINTIUAH.  [R  L 

noiine,  called  epicene,  in  irhich  both  genders  are  implied  under 
one,  or  nonns  which,  under  a  feminine  termioalion,  sigDify 
males,  or.  with  a  neuter  termination,  denote  females ;  as  Mu- 
rana  and  Glyeerium,  35.  A  penetrating  and  acuta  teacher  will 
search  iiito  a.  thousand  origins  of  names;*  derivations  which 
liave  produced  the  names  Rufia,  "  red,"  and  Longiu,  "  long," 
from  personal  peculiaritiea ;  (among  which  mil  be  some  of 
rather  obscure  etymology,  as  Sulla,  Burrktu,  Oalba,  Piancui, 
Pansa,  Scaurui,  and  others  of  the  same  kind  ;)  some  also  from 
accidents  of  birth,  as  Agrippa,  Opiter,  Cordus.  Potthumtu 
some  irom  occurrencea  after  birth,  as  Vopiscus;  while  others 
as  Cotta,  Seipio,  Lanaa,  Seranta,  epring  from  various  cauaes 
26.  We  may  also  find  people,  places,  and  many  other  things. 
among  the  origins  of  names.  That  sort  of  names  among  Blaves. 
which  was  taken  from  their  mastera,  whence  Mareipore$  and 
PubHpore»,\  has  fallen  into  disuse.  Let  the  tutor  consider, 
also,  whether  there  is  not  among  the  Greeks  ground  for  a 
sixth  case,  and  among  us  even  for  a  seventh  ;  for  when  I  say 
hnstd  percmii,  "  I  have  Etrucb  with  a.  spear,"  I  do  not  express 
the  sense  of  an  ablative  case4  nor,  if  I  say  the  same  thing  in 
Greek,  that  of  a  dative.§ 

37.  As  to  verba,  who  is  so  ignorant  as  not  to  know  their 
kinds,  qualities,  persons,  and  numbers  ?  Those  things  belong 
to  the  reading  school,  and  to  the  lower  departmenta  of  instruc- 
tion. But  such  points  as  are  not  determined  by  inflexion, 
will  puzzle  some  people ;  for  it  may  be  doubted,  as  to  certain 
words,  whether  they  are  partkipte»,  or  nouns  formed  from  the 
verb,  as  laetus,  lapUnt.  28.  Some  verbs  look  like  nouns,  Bafrau-. 
dator,  tnttritor.  Is  not  the  verb  in  Itur  in  antiquam  titvatn 
of  a  peculiar  nature,  for  what  beginning  of  it  can  you  find?|| 
PUtuT  is  similar  to  it.     We  undeistand  the  passive  sometimes 

Panditttr  inierea  domm  onmlpeUniii  Otynpi; 

tabitw  mQle  prtKOitor — oriffina  nanHUtm.]  Burmuia   woald 

t  prac^tor,  not  liking   the  sipreuioD  «t&  originei.     Tba 

dsrirations  of  mii  proper  nameB  that  follow  ma;  be  nacerbuned  from 


read  iUe  f 


the  Lntin  le 

f  Marcipor  for  Marei  puer  ;  PubUpor  for  FMUUpiur.     See  Friaciab 
p. 700,  ed-Putsdi. 

t  Th«t  is,  of  s  case  of  taking  away  ;  cant  at^erenat. 

i  Of  the  cue  of  giniig ;  damii  cant. 

II  Tb&t  i^  what  first  panon  siDgaJsr;  tor  not  being  ia  oee. 


D,j„.„^L,  Google 


n.  T.]  XBCCATIOM  OF  AN  OBATOB.  SI 

•ometimes  in  anoUier,  us, 

ToUi 
Utqac  adtd  fur&ater  agrit. 
There  is  also  a  third  way,*  aa  urbi  Kahitatur,  whence  likewise 
camput  curritur,  mare  navigatvr.  20.  Pransut  also  and  poUa 
have  a  different  signification  from  that  which  their  form  indi- 
cates. I  need  hardly  add,  that  many  verbs  do  not  go  through 
the  whole  courae  of  coigi^tion.  Some,  too,  undergo  a  change, 
as /0ro  in  the  preterperfect ;  some  are  eipreased  only  in  the 
farm  of  the  third  person,  aa  Heel,  piget;  and  some  bear  a' 
resemblance  to  noune  patsing  into  adverb* ;  for,  as  we  say  noctu 
and  diit,  so  we  say  dictti  and  factu ;  since  Uiese  words  are 
indeed  participial,  though  not  like  dicto  ajiA/aeto. 


CHAPTER  V. 

ITeceemty  of  correctneaB  in  BpeaUng  uid  writing,  t  1.     On  single 

words,  2,  3.    Choice  of  words,  4.    BBrbariam^  6 — 10.    Barbsriwus 

In  poete  and  other  writers,  11 — IT.    Paulta  in  proDnndation,  17, 

18.    On  the  sspiratioD,  18—21.    The  accent^  22—24.   On  ending 

a  word  with  sn  acute  accent,  25 — SO.    Legitimate  accentuation, 

31— S3.     On  the  soleoiBm,  84—87.    Different  kinds  of  Bolecdema, 

38 — il.     No  duJ  number  in  Latin,  42— 44.    SoledsniB  in  TariouK 

ports  of  speech,  45—61.     Figures  of  speech,  62 — 64.     On  foreign 

words,  S5— GT.    Qreek  words,  68—61.    Compound  Wrda,  66—70. 

Words  proper,  metaphorical,  common,  new,  71,  72. 

1.  Since  all   language  has  three  kinds  of  excellence,  to  / 

be  correct,  perspicuma,  and  elegant,  (for  to  speak  mth  proprietif,  + 

which  is    ita    highest  quality,    most  writers   include  under 

elegance,)  and  the  same  number  of  faults,  which  are  the  op- 

positee  of  the  excellences  just  mentioned,  let  the  grammarian 

consider  well  the  rules  for  correctness  which  constitute  the  first 

part  of  grammar.     3.  These  rules  are  required  to  be  observed, 

imbii  aut  singidis  avt  phiribvx,  in  regard  to  one  at  more  words. 

The  word  verhum  I  wish  to  be  here  understood  in  a  general 

Bense,  for  it  has  two  significations :   the  one,  which  includes  all 

words  of  which  language  is  composed,  as  in  the  verse  ol 

Horace, 

Fer&ojMt  jinivfiam  ran  non  tnviCa  Kgnentiir, 
"  And  words,  not  unwilling,  will  follow  provided  matter ;"  the 

.  *  Namely,  irben  nentera  and  intnmaitives,  which  proporly  have  no 
panivs  voice,  aaanme  the  nature  of  trsnaitives,  by  being  joined  with  a 
itcmiiiatiTe  oaaa  in  Uie  posmvA    Sfolding. 


D,j„..;uL,  Cookie 


m  QrnmLUTt,  fs.  i, 

■ther,  under  wlilch  ia  comprehended  only  one  part  of  speech, 
as  lego,  tcriho;  to  avoid  which  ambiguity  some  have  pr^erred 
the  terms  vocet,  dictwne$,  locutions.  3.  Words,  considered 
■  singly,  are  either  our  own,  or  fordgn,  timpU  or  eompowid. 
proper  or  irutaphorical,  in  common  um  or  nttclt/  invented. 

A  word  taken  singly  is  oftener  objectionable  than  foult- 

''     less;*    for    honever  we  may  espreas  anything    with   pro- 

f    priety,  elegance,  and  snblimi^,  none  of  these  qualities  arise 

^     ^  from  anytluDg  but  the  connection  and  order  of  the  discourse ; 

since  we  commend  single  words  merely  as  being  well  suited  ta 

the  matter.     The  only  good  quality,  which  can  be  remarked 

in    them,   is    their    voealitat,   so  to  speak,  called    li^anla, 

■'  euphony ;"  which  depends  upon  selection,!  when  of  two  worde, 

which  have  the  same  signification,  and  are  of  equal  force,  we 

make  choice  of  the  one  that  has  the  better  souniC 

5.  First  of  all,  let  the  offensiTenesB  of  bariarirmi  and 
tohcittni  be  put  away.  But  as  these  faults  are  sometimes 
excused,  either  from  custom,  or  authority,  or,  perhaps,  from 
their  nearness  to  beauties,  (for  it  is  often  difficult  to  distinguish 
faults  from  figure*  of  speech,)  let  the  grammarian,  that  so 
uncertain  a  subject  of  observation  may  deceive  no  one,  ^ve  his 
earnest  attention  to  that  nice  discrimination,  of  which  we  shall 
speak  more  fully  In  the  part  where  we  shSll  have  to  treat  of 
figures  of  speech.}  6.  Meanwhile,  let  an  offence  committed 
iu  regard  to  a  single  word,  be  called  a  barbaritm. 

But  some  one  may  stop  me  with  the  remark,  what  is  there 
here  worthy  of  the  promise  of  so  great  a  work  ?  Or  who  does 
not  know  that  barbarisms  are  committed,  some  in  vrriting, 
^  others  in  speaking?  (because  what  is  written  incorrectly  must 
also  be  tpoktn  incorrectly ;  though  he  who  speaks  incorrectly 
may  not  neceasarity  make  mistakes  in  writing ;)  the  first 
sort  being  caused  by  addition,  euTtaUment,  substitution,  or 
transposition;  the  second  by  separation  or  con/tuion  of  sytla- 

■  Words,  considered    mmpl;  In  tkemselvea,   may  httva   the   on* 

exuellence  which  QuinCJisn  calU  euphony.  But  tbey  taaj  have  a 
neat  many  fnolte ;  for  they  may  be  diBgnsting,  mean,  low,  or  bsr- 
Earoiu.  iWiwinu-  The  leit  ia,  Uni  verba  vitiwm  Keptu*  ;«dn  tirttu 
imtt !  for  which  Oedoyne  givra,  "  Le  piua  aonvant  la  qualite  d'lin  mo^ 
prii  en  loi  mime,  est  purement  native." 

f  Oiijvt  in  CO  ddenlut  at,  ut.]  "  The  choice  for  which  Ilea  in  this, 
'hat.''  Vo  commentator  ezprenea  Miy  MUptoion  of  the  ■oondnaM 
tS  tiie  text.' 

t  B  ix.  0.  1— a 

D,j„.„_,  Cookie 


^.  v.]  EDnCATlOK   OF  iS  OBATOS.  39 

bleB,  tupiraticM,  or  other  faults  of  totmd  t  1.  But  though  these 
may  be  Bmall  n^ttera,  boys  are  still  to  be  taught,  and  we  put 
grammariana  iu  mind  of  their  duty.  If  any  one  of  them,  how- 
ever, shall  not  be  sufficiently  accomplished,  but  shall  have  just 
entered  the  vestiboJe  of  the  art,  he  will  have  to  confine  himself 
within  those  roles  which  are  published  in  the  little  manuals  of 
professora ;  the  mot«  learned  will  add  many  other  instructions, 
the  very  first  of  which  will  be  this,  that  we  understand  bar- 
bari»m*  as  being  of  several  kinds.  8.  One,  with  reference  to 
country,  such  as  is  committed  when  a  pereon  inserts  an  AJrican 
or  Spanith  term  in  Latin  composition ;  as  when  the  iron  ring, 
with  which  wheels  are  bound,  is  called  oanihut*  thoi^h  Persios 
uses  this  as  a  received  word  ;  as  when  Catullus  f  got  the  word 
ploxenum,  "abox,"on  thebaoksof  diePo;  and  in  the  speech  of 
lAbienus,  (if  it  be  not  rather  the  speech  of  Cornelius  Gallns,)} 
the  word  ctunar,  '*a  parasite,"  is  brought  from  Oaul§  against 
PoUio;  as  to  maitruca,  "a  shaggy  garment,"  which  is  a 
Sardinian  word,  Cicero  j|  has  used  it  purposely  in  jest.  9. 
Another  kind  of  barbarism  is  that  which  we  regard  as  proceed- 
ing from  the  natural  disposition,  when  he,  by  whom  anything 
has  been  uttered  insolently,  or  threateningly,  or  cruelly,  is 
said  to  have  spoken  like  a  harharian.  10.  The  third  kind 
of  barbarism  is  that  of  which  eitamples  are  everywhere  abun- 
dant, and  which  every  one  can  form  for  himself,  by  adding 
a  letter  or  syllable  to  any  word  he  pleases,  or  taking  ont  away. 


'  QamVUuax  eridently  BigtuGea  tLat  eoMhtu  in  &  Spanish  word, 
thoDgb  the  QrvekB  claim  it  u  theirs.  Etgitu.  TnrDsbuB  uya  that  it 
Moura  in  the  Qiad,  but  is  miataJcen,  for  it  is  not  to  ba  found  in  Homer 
at  alL  Ctuuabon,  oa  Feraius,  v.  71,  where  it  occurs,  observes  that  it 
is  used  hj  no  Qreek  writer  except  the  glanmiarianB.  Burmaim  aup- 
posee  the  word  to  be  of  Celtic  ori^n. 

-h  Iziiix.  S,  6  :  Oingivtu  ver6  ploxeni  kabtl  veterit. 

i  Of  this  npeeob  I  find  no  mention  elaewhcre.  LaUeniu  (tha  na 
probably  of  him  who  desertod  the  party  of  JuUiia  CsMar,  A.U.C.  TOS), 
and  CorneliuB  Qallua,  both  enemiea  of  Mai^  Antony,  may  both  have 
composed  aevare  Bpeachea  ngainat  hia  friend  Pollio.    ^>a/(Mig. 

§  It  appear*  Bbmge  that  Quindliiui,  in  bringing  this  word  from 
Ghml,  not  only  difi^  from  Tarro,  who,  de  L.  L.  L  S,  attributes  it  to 
the  Osd,  but  does  not  even  allude  to  a  writer  of  ao  high  authority  on 
•Deb  a  point.  Featus  agrees  with  Tarro  respeoting  the  origin  of  tlia 
word.    SpoMitig. 

II  In  hiB  ontion  for  Scaurua,  of  which  only  some  fragments  rem^n. 
Bee  Emeati'a  edition,  voL  iv.  p.  1057.  Ee  alaa  uses  the  epithet  ««» 
tmecotui  de  Provinoiis  consuUribu^  c  7.    I^^aldiri^, 


40  qUINTILIAF.  [r  1 

or  subitituting  one  for  another,  or  putting  one  in  a  jAaet  where 
it  is  not  right  for  it  to  be.  11.  But  Bome  grammarianB,  to 
nuike  a  show  of  leaniing,  are  accustomed,  for  the  moat  part,  to 
take  eutmples  of  these  from  the  poets,  and  find  faalt  with  the 
authors  whom  thej  interpret.  A  boy  o)^ht  to  know,  however, 
that  such  forme  of  speech,  in  writers  of  poetry,  are  con- 
sidered aa  deserving  of  excuse,  or  even  of  praise ;  and  Isomers 
must  bs  tai^ht  less  common  instances.  IS.  Thus  Tinea  of 
Placentia*  (if  we  believe  Hortenaiua,  who  finds  fault  with 
him)  was  guilty  of  two  barbarisms  in  one  wtvd,  saying  preetda 
instead  of  pergtda;  first,  by  the  change  of  a  letter,  putting  e 
for  g.  and  secondly,  by  transpo^tion,  placing  r  before  the  pre- 
ceding e.  But  Enniua,  when  committing  a  like  double  fault, 
by  saying  Metieo  Fu/etieo,^  is  defended  on  the  ground  Oi 
poetic  licence.  18.  In  proae,  too,  there  are  certain  received 
changes  ;  for  Cicero  ^  speaks  of  an  army  of  Canopita,  though 
the  people  of  the  city  call  it  Canobus  ;  and  many  writers  hava 
authorized  Thanmnenus  for  Thrru^enai,  §  although  there  is 
a  transpoaitioa  in  iL  Other  words  suffer  similar  treatment ; 
for  if  ruientior,  "  I  assent."  be  tboo^ht  the  proper  way  of 
spelling  that  word,  Sisenna  has  said  otMnCto,  and  many  have 
followed  him  and  analt^ ;  or.  if  tusentio  be  deemed  the  right 
method,  the  other  form,  asMntior,  is  supported  by  eommoa 
practice.  14.  Yet  the  prim  and  dull||  teacher  will  suppose 
that  there  is  either  curtailment  in  the  one  case,  or  addition 
in  the  other.  I  need  hardly  add  that  some  forms,  which, 
taken  singly,  ore  doubtless  faulty,  are  used  in  composition 
withoQt  blame.  15.  For  dua,  tre,  and  pondo,  are  barbarisms 
of  discordant  gender;  yet  the  compounds  duapondo,  "two 
pounds,"  and  trepondo,  "  three  pounds,"  have  ^  been  used  by 

■  He  IB  mentioned  ij  Cicero,  Bnit.  o.  46.    SpakUaa. 

t  If  the  poemi  of  EimiuB  wore  laUaA,  the  two  &uub  of  which  he  is 
goilty  might  be  diacovered.  Segiv*.  But  u  Eimiaa'B  worki  h*Te 
psrlBbed,  that  diacovsry  is  not  likely  to  be  made.  We  >ee  thiit  e  la 
ioaertfld,  bat  what  the  other  irregularity  ii  we  know  not.  Spalding 
bestow*  aome  discuBUDn  on  the  question,  but  tettlea  nothing, 

i  I  hiiTe  not  yet  found  the  paaaage.  nor  do  I  think  that  it  eiiata 
among  the  writinga  of  Cicero  now  extant.  But  the  change  of  b  into 
p  in  Caoobui  wu  adopted  by  almost  all  the  Latin  writer*.    Spatditig. 

S  The  nams  ol  the  well-known  lake  at  nhich  Hannibal  dafsated  ths 

(  Peiciu  pinguiiqM.}  At  onoe  conceited  and  ata^dd. 
1  BaoiTslent  to  duat  and  l>y»  (libru)  pondo,  two  and  three  piMw4l 
fa  w«gh^  <itHM  and  IrM  being  feminine  and  pondt  neuter. 

D,j„..;uL,  Cookie 


CH.V.]  BDUCATIOK  OP  *IT   OBATOB.  4) 

everybody  dono  to  our  own  times;  and  Heasala  mainUiua 
that  the;  are  used  with  propriety.  16.  It  may  perhaps  seem 
absurd  to  say  that  a  barbarism,  which  is  incorrectness  in  a 
single  word,  may  be  committed  in  number  and  gender,  like  a 
solecism;  yet  leala,  "stiurs,"  aud  tcopa,  "a  broom,"  in  the 
singular,  and  hordea,'  "barley,"  and  muUa,  "  mead."  in  the 
pliuol.  as  they  ore  attended  with  no  change,  withdrawal, 
or  addition  of  letters,  are  otjectionable  only  because  plurals 
are  expressed  in  the  singular,  and  singulars  in  the  plunU  ;  and 
those  who  tiaTo  used  gladia,  "swords,"  have  committed  a  fault 
in  gender.  IT.  But  this  point,  too,t  I  am  satisfied  with 
merely  noticing,  that  I  myself  may  not  appear  to  hare  added 
another  question^  to  a.  branch  of  study  already  perplexed 
through  the  fault  of  certain  obstinate  grammarians. 

Fuilta  which  ore  committed  in  tweaking  require  more 
sagacity  in  criticising  them,  because  examples  of  them  cannot 
be  giten  from  writing,  except  when  they  have  occurred  in 
verses,  as  the  liivision  of  the  diphthong  in  Europai,  and  the 
irregularity  of  the  opposite  kind,  which  the  Greeks  call 
tyrtaresii  and  tynalcepha,  and  we  eonfiexio,  "combination," 
as  in  the  verse  in  Publius  Varro,  j 

QiUMa  Ujlagranii  d^ectnMfidmint  Pluxltm  ; 

3or,  if  it  were  prose,  it  would  be  possible  to  enunciate  those 
.ett«rs  by  their  proper  syllables.  Those  peculiarities,  alsc, 
which  occur  in  quantity,  whether  when  a  short  syllable  is 
made  long,  as  in  Italiam  fato  profugui,  {|  or  when  a  long  one 
is  made  short,  as  in  Uniua  oh  noxam  et  furtat,  you  would  not 
remark  except  in  verse;  and  even  in  verse  they  are  not  to  be 

*  Scala  woa  Kimetimea  nied  in  tlia  siogular ;  teepa  ■oaroely  avei. 
Sordea  U  used  b;  Tirgil.  VThj  it  should  be  wrong  to  um  ntu^  in 
tlie  plural  more  Vaaa  vina  does  not  appeiu-,  widrttn  being  in  fitct  bo 
a^jeotiva  or  participle  with  uinum  underatood. 

t  Quo^ue,]  This  word  has  refanmce  to  i.  4,  17,  when  almort  the 
nine  words  are  used  at  the  end  of  what  ia  Kud  about  letters,     ^alditig. 

t  About  barbariBm,  namsl;,  in  Qumber,     Spalding. 

S  PubliuH  Terentiua  Yarro,  called  Atacinua.  from  the  place  in  QalUa 
NarhoneBaia  where  be  waa  bom.  He  waa  contemporan'  with  Motcua 
'■rantiva  Varro,  «o  mneh  celebrated  for  hia  learning.     Spalding. 

II  Ma.  i,  6.  When  the  metre  allowed,  Virgil  generally  ahortened  tha 
Srat  tjUable  in  JbJmj  and  it  waa  right  that  ha  ihonld  do  to,  if  the 
word  i»  really  derived  from  V(M(«M._£jpaMM^ 


D,j„..;^L,  Cookie 


iS  ^DIKTtLUlf.  [&  1. 

regarded  u  foults.  19.  Thoae  nhich  ate  committed  in  wand, 
are  judged  onlj  by  the  ear ;  though  as  to  tlie  aspirate,  whether 
it  be  added  or  retrenched,  in  Tariation  from  common  practioe, 
it  may  be  a  question  with  ns  wither  it  be  a  fault  in  writing ; 
if  A  indeed  be  a  letter,  and  not  merely  a  mark,  as  to  which 
point  opinion  has  often  chatted  with  time.  30.  The  ancients 
used  it  Tety  sparingly  even  before  vowels,  as  they  said  adet 
and  ireoti  and  it  was  long  afterwards  withheld  from  con- 
junction with  consonants,  as  in  Graeeut  and  Iriumjmt,  But 
suddenly  an  excessive  use  of  it  became  prevalent,  so  that 
ehoronte,  ehenturione),  preechonei,  are  still  to  be  seen  in 
certain  inscriptions ;  on  which  practice  there  is  a  well-known 
epigram  of  Catullus.'  Hence  there  remain,  even  to  our  times, 
vehementer,  cottprehendere,  and  vtiht.  Among  the  ancient 
writers,  also,  especially  thc^e  of  tragedy,  we  find  in  old  copies 
mehe  for  tne. 

Q2.  Still  more  difficult  is  the  marking  of  faults  in  respect 
to  the  tatortt,  "  tones,"  (which  I  find  called  by  the  old  writers 
tonorei,  as  if,  forsooth,  the  word  were  derived  from  the  Greeks, 
who  call  them  ritoi.)  or  aceenti,  which  the  Greekscall  w^cu^ai 
when  the  acute  is  put  for  the  grave,  or  the  grave  for  the  acute ; 
as  if,  in  the  word  Camillus,  the  fiist  syllable  should  receive 
the  acute  accent ;  23.  or  if  the  grave  is  put  for  the  circumflex, 
as  when  the  first  syllable  of  Cethegus  has  the  acute,  for  thus 
the  quantity  of  the  middle,  syllable  is  allered  ;t  or  if  the  cir- 
cumflex ia  put  for  the  grave,  as  when  the  second  syllable  is 
circumflexed  m  "  •  *,  J  by  contracting  which  from  two  syllables 

■  Epigr,  liiriii.  Ae  Ano sive  fftrrto. 

t  The  qiuuitiCy  of  the  middle  aylluble  would  b«  altered  in  both 
worda ;  im/UatA  at  COmiUuf,  Cithtgvi,  we  ghould  luv«  CdnOHiu,  CftU- 
ffitt,  i.e.  CtOagta. 

%  The  text  baa  apiee  evnuoKduiii  teqaaiU,  but  Spalding  very  bappily 
ooujeetunn  that  apice  is  a.  mere  oomiption  of  the  word  which  Qutn- 
tiluii  gave  OM  on  ex&znple,  ftnd  which  we  cui  dow  scarcelj  hope  to 
diBCOver.  Spaldiog  would  reid  ApjA,  if  it  were  certain  that  the  uae  of 
■ach  geoitiveB  in  I  (not  it)  had  beeo  altogether  laid  aside  in  the  time 
of  Quintilian.  "  The  genitive  of  wordu  in  iiu  and  turn  was  not  formed 
la  tt  in  the  beet  a^  of  the  Latin  language,  but  io  i  alone,  t.g,  JUi, 
ingeni,  TnUL  So  at  leut  it  wsb  pronounced  in  the  poeta  before  and 
during  the  Augiutan  an ;  Beutlej,  Ter.  Andr.  ii.  1,  20.  Of  the  poeta 
PropertiuB  flret  nsed  Qie  form  in  li,  which  ii  common  in  Ovid  and 
later  poeta.  It  was  probably  pronounead  i  in  proae^  even  if  written  ii. 
It  ii  impoaaibU  t«  decide  on  the  orthogiaphy  from  the  fluctuation  of 


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iB.  v.]  IDDCATIOir  or  AN  OBAMB.  4t 

into  one,  and  then  circamflexing  it,  people  commit  two  errors. 

54.  Bnt  this  h&ppens  far  more  frequeoll;  in  Greek  words,  u 
Atretu,  which,  wlien  I  was  yoaog.  the  most  learned  old  men 
used  to  pronounce  with  an  acute  on  the  flnt  ajllable,*  so  that 
the  second  was  necessarily  grave,  as  was  also  that  of  TereuB 
and  Nereut.     Such  bare  been  the  rules  respecting  accents, 

55.  But  I  am  quite  aware  that  certain  learned  men,  and  some 
grammarians  abo,  teach  and  apeak  in  euch  a  manner  as  to 
terminate  a  word  at  times  with  an  acote  sound,  for  the  sake 
of  preserring  certain  distinctions  in  words,  as  in  eireum  in  these 
lines, 

Qua  nrcitm  htera,  ttreum 
Pitcmot  leapiJot, 
lest,  if  they  make  the  second  syllable  in  chcum  grave,  a  eiVeti* 
tnight  seem  to  be  meant,  not  a  eireuit.  26.  Quantum  and 
quale,  also,  when  aekii^  a  question,  they  conclude  with  & 
grave  accent;  when  making  a  comparison,  with  an  acute;  a 
practice,  however,  which  they  observe  almost  only  in  adverb* 
ftnd  pronouns ;  in  other  words  they  follow  the  old  custom. 
S7.  To  me  it  appears  to  make  a  difference,  that  in  these 
phrases  we  join  the  words ;  for  when  I  say  ctrcum  litor»,  I 
enunciate  the  words  as  one,  without  making  any  distinction 
between  them  ;  and  thus  one  syllable  only,  as  in  a  single  word, 
is  acute.     The  same  is  the  case  in  this  hemistich, 

56.  It  eometimes  lutppens,  too,  that  the  law  of  the  metre 
alters  the  accent ;  as. 

Ptettdtt,  pictaqiK  mhieit*  ; 
the  HSS.    Martci^  remained  in  oonunon  use."    Zwaiptt  tatin  Oram- 

'  "Sofcr,"  wjB  Spelding,  "  U  olew,  tliat  they  made  the  fiwt  Byllahlo 
acuta  ;  but  whether  the;  pranoimced  the  rest  of  the  word  as  two 
nll&bles,  or  aa  one,  is  uncertain."  Be  ie  indiped,  bowever,  to  think 
that  thev  made  three  ayUeblee,  becaiue  QiiiDUlian  aUi  tjie  next 
syllable  Uis  "  second,"  whereas,  if  there  had  been  but  two,  he  would 
probably  bare  eaid  the  lait.  Tet  ws  cannot  think  thie  argument  of 
much  weight  when  we  aae  that  Qointilian  speaks  of  the  "second" 
syllable  of  (Anvm  in  sect.  2E.  The  genitive,  from  what  Quintilian 
says,  they  eppsar  to  have  contracted  into  two  lyllableti.  The  poets 
eoDtracCed  or  not,  in  all  the  caeee,  as  they  pleaied  j  bat  Quintjliim  is 
■peaking  of  pronnndation  in  praa» 

t  Qai,  in  gyiprmnn,  loaea  It*  aooent  by  almost  ooalesdng  wUh  th* 


D,j„..;^L,  Cookie 


44  QuiNmiAS,  [B.  t 

For  I  bWI  pronouDi^e  volucret  with  an  acute  on  the  middle 
Byllid>le,  because,  though  it  be  short  by  nature,  it  ia  long  by 
position,  that  it  may  not  form  an  iambus,*  which  a  heroic 
verse  does  not  admit.  39.  But  these  words,  taken  separately.t 
will  not  vary  from  the  rule ;  or,  if  custom  }  shall  triumph,  the 
old  law  of  the  language  will  be  aboliabed ;  the  observation  of 
which  law  is  more  difficult  among  the  Greeks,  (because  they 
have  several  modes  of  speaking,  which  they  call  dialects,  and 
because  what  ia  wrong  in  one  is  sometimes  right  in  sjiother  ;§) 
but  among  us  the  principle  of  accentuation  is  very  simple. 
30.  For  in  eveiy  word  the  actited  syllable  is  confined  within 
the  number  of  three  syllables,  |l  whether  those  three  be  the 
only  syllables  in  the  word,  or  tne  three  Isst ;  and  of  these, 
the  acuted  syllable  is  either  the  next,  or  next  but  one,  to 
the  last.  Of  the  three  syllables  of  which  I  am  speaking, 
moreover,  the  middle  one  will  be  long,  or  acute,  or  circumflex ; 
a  short  syllable  in  that  position  will,  of  course,  have  a  grave 
sound,  and  will  accordingly  aciRe  the  one  that  stands  before 
it,  that  is,  the  third  from  the  end.  81.  But  in  every  word 
there  is  an  acute  syllable,  though  never  more  than  one;  nor 
is  that  one  ever  the  lost,  and  consequently  in  dissyllables  it  is 
the  first.  Besides  there  is  never  in  the  same  word  one  syllable 
circumfiexed  and  another  acuted,  for  the  same  syllable  that  is 
circumflexed  is  also  acuted;^  neither  of  the  two,  therefore, 

following  word,  bo  that  of  the  tbr«e  ijllables  it  ia  mil;  pri  that  bat 
an;  socent.  .  .  .  B^ntle;,  in  hia  disaettatian  on  ttie  metres  of  Terence, 
allows  no  accent  to  either  ^  or  ai.    Spalding. 

*  As  being  &om  voliU^er. 

t  This  refers  to  what  ho  Bays  nt  the  eommBncement  of  fleet  87 : 
"We  join  the  words]"  he  denies  that  ciroiat,  qui,  qwiU,  gwtatun,  and 
Worda  of  that  sort,  vary,  unlesa  the;  are  oloaely  iinitad  to  others,  from 
the  general  rule  tor  aoutiDg  tie  panultimate  in  diaeyllablea,  and  oonae- 
quentlj  making  the  last  grave.  Spai^mg.  Separata,  "  taken  sspa- 
ratel;,   ie.  apart  ftnin  others,  pronounced  by  themaelvee.     Eegiut. 

t  That  is,  the  custom  of  those  persons  who  pronounced  ann»i^ 
gitaniMM,  quaU,  in  die  way  no4doed  in  sect.  25,  26. 

%  Qesuer  and  Spalding  suspeot  that  this  parenthesis  is  an  interpoW 

II  So  Cio.  Orat.  c.  18.    Spalding. 

^  As  there  is  never  more  than  one  acute  B;Ilab1e  in  a  word,  thera 
will  never,  where  there  is  one  syllable  of  a  word  circumfleiod,  ba 
another  aonted,  because  the  syllaWe  which  ia  cireomfleied  is  already 
acuted,  the  circnmflez  accent  being  compounded  of  the  acute  and 
grave  accent*.    With  in  eSdem  in  the  text  is  to  be  undetsbnd  voce. 


D,j,,..;uL,Coo^|i: 


CH.  V-l  BDCCATION  OP  AN  ORATCB  45 

will  tenniuate  a  lAtda  won).  Those  words,  bowover,  which 
consist  but  pF  one  syllable,  will  be  either  united  or  circumllexed, 
that  there  may  be  no  word  without  an  acute. 

83  In  sounds  also  occur  those  faults  of  utterance  and  pro- 
nnnoiation,  of  which  Hpecimeus  cannot  be  given  in  writing ; 
the  Greeks,  who  are  isore  happy  iu  inventing  names,  call  them 
iotaeisma,  iambdacujni,  iify^oniTtt,  and  *y.iiTtia«itoi  :*  ta  eiso 
xnXaumitia..  when  the  voice  is  heard,  as  it  were,  iu  the  depths 
of  tlie  throat.  Sti.  There  are  also  certain  peculiar  and  inex- 
pressible sounds,  for  which  we  sometimes  find  iault  with  whole 
nations.  All  the  incorrectnesses,  then,  which  we  have  men-  .1 
tioned  above,  being  removed,  there  will  result  that  which  is  ' 
called  i^ititrua,  that  is,  a  correct  and  clear  utterance  of  words 
with  an  agreeableneas  of  sound ;  for  so  ma;  a  right  pronuncia- 
tion be  termed. 

31.  All  other  faults  arise  out  of  more  words  than  one; 
among  which  faults  is  the  soleeism ;  though  about  this  also 
there  has  been  controversy.  'For  even  those  who  admit  that 
it  lies  in  the  compoailion  of  words,  jet  contend  that,  because 
it  may  be  corrected  by  the  amendment  of  a  single  word,  it  is 
the  incorrectness  of  a  word,  and  not  a  fault  in  composition ; 
35.  since,  whether  amarn  eorticit  or  medio  cortice  constitutes 
a  fault  in  gender,  (to  neither  of  which  do  I  olgect,  Virgilf 
being  the  author  of  both  ;  but  let  us  suppose  that  one  of  the 
two  is  incorrect.)  the  alteration  of  one  word,  in  which  the  fault 
lay,  produces  correctness  of  phraseology ;  so  that  wo  have 
amari  corttca  or  medid  cartice.  This  is  a  manifest  misrepre- 
sentation ;  for  neither  of  the  words  is  wrong,  taken  separately, 
but  the  iWt  lies  in  them  when  put  together  ;  and  it  is  a  fault 
.  therefore  of  phrase.  -  36.  It  is,  however,  a  question  of  greater 
sagacity,  whether  a  solecism  can  be  committed  in  a  single 
word  ;  as  if  a  man,  calling  one  person  to  him,  should  say  vertiM, 

*  An  ioiaeitm  is  when  the  sound  of  tlie  iota  ia  too  mucli  protntoted, 
•B  when,  for  Tfoia,  Maia,  we  Bay  Troita  Jfoiu,  doubling,  aa  it  were, 
Uie  letter.  See  Isidore  Origg.  1.  31 ;  Dtomed,  Putsch,  p.  148.  A 
tambdacitm  is  a  similar  fulness  or  doubling  of  the  letter  t,  u  for  Mtcit, 
cSiicil.  Sea  Isidore  and  Diomed,  11.  CO.,  and  Erasmits,  DisL  de  Pro, 
nuntiatione,  who  also  says  that  tax''^''Vi  is  ■  shrilloess  or  squeaking 
of  the  voice  from  too  great  contraction  of  the  throat,  irXonlnnjioj 
being  the  opposite  faul^  when,  from  the  mouth  opening  too  widalji 
the  sound  is  too  full  and  broad. 

t  Ed.  vi.  62,  63;  Georg.  u.  7i. 


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it  QXrmTlLtlK.  [b.  t 

or,  sending  eeveral  away  from  him.  ehoold  aaj  ahi,  or  ditcede; 
or,  moreover,  ^rliea  an  answer  does  not  agree  with  the  question, 
BS  if  to  a  person  sajiDg  qtum  videt  f  you  should  r^)j  ego. 
Some  also  think  that  the  same  fault  is  committed  in  gesture, 
when  one  thing  is  signified  by  the  voice,  and  another  bj  &  nod 
or  hj  the  hand.  37.  With  this  opinion  I  do  not  altf^etber 
agree,  nor  do  I  altogether  dissent  from  it ;  for  I  allow  that  a 
solecism  maj  occur  in  one  word,  but  not  unless  there  be  some- 
thing  having  the  force  of  another  word,  to  which  the  incorrect 
word  may  be  referred;  so  that  a  solecism  arises  from  the 
union*  c^  things  by  which  something  ia  signified  or  soma 
intention  manifested ;  and,  that  I  may  avoid  all  cavilling,  it 
Kmttimet  ocean  in  one  word,  but  ntitr  in  a  word  by  iZuiJ. 

38,  But  under  how  many,  and  what  forma,  the  solecism 
occurs,  is  not  suEBcieDtly  ^reed.  Those  1^0  speak  of  it  moat 
fully  make  the  nature  of  it  fourfold,  like  that  of  the  barbar 
ism  ;f  so  that  it  may  be  committed  by  addition,  as,  Veni  d« 
Sum  in  Alexandriam ;  by  retrenchment,  aa  Ambuki  viam, 
JEht/plo  venio ;  ne  hoc  fecit;  39.  byfraRi^wiifMii,  by  which  the 
order  of  words  Is  confused,  as,  Quoqve  ego ;  Enim  hoc  voluil ; 
Avtem  Ron  habvit ;  under  which  head,  whether  igilur,  placed 
at  the  beginning  of  a  phraae,  ought  to  be  included,  may 
be  a  matter  of  dispute,  because  I  see  that  eminent  anthers 
have  been  of  oppoaite  opinions  as  to  the  practice,  it  being 
common  among  some,  while  it  is  never  found  in  others.  40, 
These  three  sorta  of  irregularity  some  distinguish  from  the 
Bolecism,  and  call  a  fault  01  addition  "a pleonasm,"  of  retrench- 
ment  "  an  ellipaia,"  of  inversion  "  an  sjiaslTophe,"  and  allege 
that  if  these  fall  under  the  head  of  solecism,  the  bt/perbaton 
may  be  included  under  the  same  title.  41.  Subttilution  is, 
without  dispute,  when  one  thing  is  put  lor  another;  an  irro- 
gularity  which  we  find  affecting  all  the  parts  of  speech,  but 
most  frequently  the  verb,  because  it  baa  most  modifications  ; 
and  accordingly,  under  the  bead  of  subtlitution,  occur  sole- 
cisms in  gender,  tense,  persons,  moods,  (or  slates,  or  qaalities, 
if  any  one  wish  that  they  should  be  so  called,)  being  six,  or, 
S'  some  will  have  it,  eighty  in  number  (since  into  however 

■  That  is,  the  itKorrtet  anion. 

+  Beet  6. 

j  I  do  not  find  sight  moods  csprwaly  mentioned  \)j  «qr  of  tlM 


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en.  V.\  EDTICATIOK  OP  IS   OBATOR.  iT 

many  forms  ;oa  distiagiueh  eacli  of  the  parts  of  Bpeo<'-b  of 
which  mention  has  Just  been  made,  there  will  be  so  many  sorts 
of  emta  liable  to  be  committed),  as  well  as  ia  numbert,  of 
vhich  we  have  the  lingular  and  plural,  the  Greeks  also  the 
diial.  43.  There  have,  indeed,  been  some  who  assigned  us 
also  a  dual,  leripiere,  legert ;  a  termination  which  waa  merely 
a  softening  for  the  sake  of  avoiding  roughness  of  sound,  as. 
among  the  old  writeis,  ntaU  mercre  for  male  mererU ;  and 
thus  what  they  caJl  the  dtuil  consists  in  that  one  sort  of  termi- 
nation only,  whereas  among  the  Greeks  it  is  found  not  only 
through  almost  the  whole  system  of  the  verb,  but  also  in  nouns; 
though  even  so  the  use  of  it  is  very  rare.  43.  But  in  no  one 
of  our  authors  is  this  distinction  of  ending  to  be  discovered ; 
on  the  contraiy,  the  phrases,  Devenere  locot,  Contieitert  om- 
net,  Contedtre  dueet,  show  us  ploioly  that  no  one  of  them 
refers  to  two  persons  only ;  iixere,  too,  though  Antouius  Bufiis* 
gives  it  as  an  example  of  the  contrary,  the  crierf  pronounces 
concerning  more  advocates  than  two.  44.  Does  not  Livy, 
also,  near  the  beginning  of  hia  first  book,  say,  Tenuert  areem 
Sabim,  and  a  little  afterwards,  In  adversum  Romani  tubiere  ? 
But  whom  shall  I  follow  in  preference  to  Cicero,  who,  in  his 
Orator.j  aajs,  "  I  do  not  object  to  scripsere,  though  I  consider 
teriptenmt  to  be  preferable?" 

45.  In  appellative  and  other  nouns,  likewiae,  the  toUeUai 
shows  itself  in  regard  to  gender,  and  to  number,  but  especially 
to  cate.  Whichsoever  of  those  three  shall  be  put  in  the  place  of 
another,  the  error  may  be  placed  under  tins  head ;  as  also 
incorrectnessea  in  the  use  of  comparative!  and  tuperlattpet ;! 

'  Of  AntoninB  HufuB  there  is  Do  mention  in  any  other  writer, 
except  tliat  the  sclioliBBte  on  Hoisce  relate  Uuit  ha  was  known  by  hi* 
tnmelatioaB  of  Homer  uid  Pindar,  aai  hj  toiae  comedies  (hat  lis 
wrote.  An  allusioa  ia  also  made  to  him  by  Teliua  Longni,  de  Orthogr. 
Fntub.  p,  22B7.     Spaldinq. 

f  At  triala  the  criar  of  the  courts  after  the  plesdeia  on  both  sides  had 
finilhed  their  speeches,  used  to  say  Dixere,  "  the;  have  spoken  f  but 
though  this  might  frequanUj  refer  to  two  apeakera,  it  wjji  often 
uttered  at  the  conclusion  of  the  speeciiea  of  several.     Sptddmg. 

t  C  *7. 

I  I  follow  Gemer'B  punctuation  in  this  passage  :  Qaitgiiid  eorum 
aUeri  tacxdet,  kuic  parti  ni^jmngatw  lieet .-  per  ernnpciraiioaa,  &c. ;  but 
tomething  leema  to  have  Mian  out  of  the  text  between  lUet  and  per. 
OallieuB  puts  a  full  stop  ai.  licet,  and  changes  per  into  /nnpcr;  but 
this  alteration  doss  not  much  m«td  the  passage. 


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48  ^immLUir.  [&  i 

an  well  as  cues  in  ivhich  the  patronynic  is  put  for  the  potatt* 
tive,  or  the  cootrar;.*  46.  As  to  a  fault  committed  in  regard 
to  quantity,  such  as  ma^nvm  pecutiolum,  there  will  be  some 
irho  will  think  it  a  toleciim,  becauae  a  diminution  is  used 
instead  of  the  integral  word  ;  but  for  my  own  part,  I  doubt 
v-hether  I  should  not  rather  call  it  a  misapplication  of  a  leotd, 
for  it  is  a  departure  from  the  signiBcation ;  aud  the  impropriety 
of  a  toltcitm  is  not  an  error  as  to  the  sense  of  a  word,  but  in 
the  junction  of  words.  47.  In  respect  to  the  participle  errora 
are  committed  in  gender  and  case,  as  in  the  noun  ;  in  tenie,  as 
in  the  verb  ;  and  in  ttumber,  as  in  t>oth.  The  pronoun,  also, 
has  gender,  number,  and  case,  all  of  which  admit  mistakes  of 
this  kind,  49,  Solecisms  are  committed,  too,  and  in  great 
numbers,  as  to  parts  of  speecb.t  but  it  is  not  enough  merely  to 
remark  this  generally,  lest  the  pupil  should  think  a  solecism 
committed  only  nhere  one  part  of  speech  is  put  for  another, 
as  a  verb  where  there  ought  to  have  been  a  novtt,  or  an  adverb 
where  there  ought  to  have  been  a  pronoun,  and  the  like. 
49.  For  there  are  some  nouns  cognate,  as  tbey  say,  that  is,  of 
the  same  kind,  in  regard  to  which  he  who  shall  use  another 
species  thau  that  which  he  ought  to  use,  will  be  guilty  of  no 
less  an  error  than  if  he  were  to  use  a  word  of  another  genus. 
60.  Thus  on  and  aut  are  both  conjunctions,  yet  you  would  be 
incorrect  in  asking,  hie,  aut  Hie,  ait?  Ne  and  bob  are  both 
adverbs,  yet  he  who  should  say  non  fecerit  for  ne  feceria,  would 
fall  into  a  similar  error,  since  the  one  is  an  adverb  of  denying, 
the  other  of  forbidding.  I  will  add  another  example ;  injro 
and  intut  are  both  adverbs  of  place ;  yet  eo  intua.  and  intra 
turn,  are  solecisms.  51.  The  same  faults  may  bo  committed  in 
regard  to  the  different  sorts  of  pronouna,  interjeetiona,  and 
prepoaitiona.  The  discordant  collocation  of  preceding  and  fol- 
lowing words,  also,  in  a  sentence  of  one  clause,  is  a  solecism, J 

*  Anamtmiumiia  Ortala  w  an  eiunpte  oF  the  poaeaeiTe  for  Qio 
p^troDjTnio ;  but  of  the  patronymic  used  for  the  posBeesive  the  com- 
mentators g:ive  DO  in<taiice.  Diomede,  PatBch.  p.  310,  obeerveg  that 
the  jiati'onraio  cannot  be  eo  used. 

I  That  IB,  by  mistaHug  the  parta  of  speech,  and  putting  one  for 
uir>ther. 

X  In  oratione  txmprehentionii  uniKt  atqaentitim  ac  prionm  infer  M 
inifmvffnieita  po$Uio-^  An  obficure  passage.  The  commeotators  ondet^ 
■land  it  of  the  amaailtuhim.  Quiotiliau  has  given  no  example,  or  wo 
Bufht  hava  discovered  hie  meaning  more  easily.   .  .  .  Sy  eratio  oom- 

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on.  v.]  EDUCATION   OF   AK   ORATOR.  4B 

52.  There  are  expressious,  however,  which  have  the  appear 
ance  of  lolecUnu,  aud  jet  canuot  be  called  &uUj,  aa  Iragmdia 
Thyestes,  Ludi  Floralia,  aiid  Megalena ;  for  though  these 
modes  of  expression  have  fallen  into  disuse  in  later  timee, 
there  was  never  any  variatioa  from  them  among  the  ancients. 
They  shiiU  therefore  'be  called  fiffuret ;  figures  more  common 
indeed  among  the  poets,  but  allowable  also  to  writers  and 
speakers  in  prose.  63.  But  a  figure  will  generally  have  some- 
thing right  for  its  basis,  as  I  shall  show  in  that  part  of  my 
work  which  I  Just  before  promised.*  Yet  what  is  now  called 
a  Jigure  will  not  be  free  from  the  fault  of  solHcism,  if  it  be 
used  by  any  one  unknowingly -t  6i.  Of  the  same  sort,  though, 
us  I  have  already  said,}  they  have  nothing  of  figure,  are  names 
with  a  feminine  termination  which  males  tiave,  and  those  with 
.a  masculine  tennination  which  females  have.  But  .of  the 
solecism  I  shall  say  no  more  ;  for  I  have  not  undertaken  to 
write  a  treatise  on  grammar,  though,  as  grammar  met  me  in 
my  road,  I  was  unwilling  to  pass  it  without  paying  my  respects 
to  it. 

55.  In  continuation,  that  I  may  follow  the  course  which  I 
prescribed^  to  myself,  let  me  repeat  that  uords  are  either  Latin 
or  foreign.  Foreign  words,  like  men,  and  like  many  of  our 
institutions,  have  come  to  us,  I  might  almost  say,  from  all 
nations.     56.  I  say  nothing  of   the  Tuscans,   Sabinea,  and 

pnheniionii  ««>■«  I  imdarrtsjid  words  joined,  not  Beparated,  or  to  b* 
distdnguiahed  by  aommaa,  according  to  our  hahion.  .'^oUin^.  Potitio 
Spalding  is  indiDed  to  take  in  tbe  eenae  of  catui,  ua  the  auppoaition 
that  expressions  aomewliat  aimibLr  to  ludi  FtoHilia,  wid  otliera  Doticud 
in  the  oeit  aeotion,  were  what  Quintiluin  had  in  view ;  but  this  notion 
seemB  hardly  compatible  with  the  other  words  ot  the  sentence,  for,  if 
this  were  Quintilian'a  meaning,  why  shoiUd  uqvenlia  aud  priora  be 
portjcularlj  specified  I  Tumebus  seems  to  shoot  nearer  to  tbe  mark, 
BUggestJng  that  Quintilisn  means  sudi  a  mistake  aa  atnaji  would  commit 
in  Barring  omnia  priAt  Krperiri  qaAm  annit  tapientan  dtcet  instead 
of  anna.  The  French  tranaletor  in  Didofs  edition,  1 853.  render*  the 
passage  thna  :  "H  j  a  auaai  sol^cisme,  lorsqne,  dans  uue  pliruse  aana 
diviaion,  lea  mots  qui  pr^cfident  et  ceui  qui  suivent,  n«  a'acuordant 
pas  «otre  euz." 

•  Book  ii.  e.  1—8. 

t  Spaldins  aptly  quotes  Saiieca,  Ep.  9S :  "A  grHuimarian  ia  not 
ashamed  if  he  commits  a  aoleoism  knowingly ;  he  ia  ashamed  if  ha 
oommits  one  unknowingly." 


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CO  QUINTILUH.  [K  I. 

PnenostiDes,  f»r  though  Luciliux  attacks  Vectius*  for  nnaa  their 
dialect,  as  Pollio  discovers  Patavinitg  in  Livy,  I  would  con- 
sider evei;  part  of  Italy  as  Roman.  57.  Many  Gallic  words 
have  preTailed  among  us,  as  rheda,  "  a  chariot,"  and  pelerri- 
tum,  "  a  four-wheeled  camage.'f  of  which,  however,  Cicero 
uses  one,  and  Horace  the  other.  Mapjia,  "  a  napkin,"  too,  a 
term  much  used  in  the  circua,  the  Carth^nians  claim  as  theirs ;{ 
and  ^rdut,  a  word  which  the  common  people  use  for  fooUih, 
had,  I  haveheard,itaoriginin8pain.§  58.  But  this  division  |( 
of  mine  is  intended  to  refer  chiefly  to  the  Greek  language  ; 
for  it  ia  from  thencA  that  the  Roman  language  is,  in  a  very 
great  degree,  derived ;  and  we  use  even  pure  Greek  words, 
where  out  own  fail,  as  they  also  sometimes  borrow  from  us. 
Hence  arises  the  question,  whether  it  is  proper  that  foreign 
words  should  be  decHned  with  cases  in  the  same  way  as  our 
own.  69.  If  you  meet  with  a  grammarian  who  is  a  lover  of 
the  ancients,  he  wilt  say  that  there  should  be  no  departure  from 
the  Latin  method ;  because,  as  there  is  in  our  language  an 
ablative  case,  which  the  Greeks  have  not,  it  is  by  no  means 
becoming  for  us  to  use  one  case  of  our  own,  and  five  Greek 
cases.  60.  And  he  would  also  praise  the  merit  of  those  who 
studied  to  increase  the  reaources  of  the  Latin  language,  and 
asserted  that  they  need  not  introduce  foreign  practices ;  under 
the  influence  of  which  notion  they  said  Castorem,  with  the 
middle  syllable  long,  because  such  was  the  case  with  all  our 
nouns  whose  nominative  case  ends  in  the  same  lettera  as 
Castor:  and  they  retained  the  practice,  moreover,  of  saying 
PaltsTno,  Telamo,  and  Plato  (for  so  Cicero  also  called  him), 
because  they  found  no  Latin  word  that  terminated  with  ttM 

■  Cajoenriiii  and  Tumabua  loppoie  tliat  this  ia  the  orator  Vectins, 
9r  TettiuB,  meatioDed  by  Cic«ro,  Brut,  c.  49,  t»  his  eoatemporary ;  but 
he,  aa  Spalding  observeB,  wu  a  Marsian  ;  and  the  Veotina  attftcked  h; 
Ludliiu  must  have  lived  beforo  Cicero's  time.  Who  the  VectJUB  meO' 
tjoDed  in  the  text  was,  is,  therefore,  uacsrtaia 

+  VoBsiuB  derivea  rieda  from  the  Qenaan  or  Belgic  redeit,  or  ryien, 
"  to  ride  "  on  horeeback,  or  in  a  carriage  ;  but  what  sort  of  oamage  it 
propeiiy  'oeant  is  uiiknowa.  Pttorritvm,  as  Spalding  obaervea,  rafor- 
ring  to  BullotuB's  Cfltio  Lexicon,  ia  from  the  Celtic  pedaar,  "  four," 
and  ri^  "  a  wheeL" 

f  The  learned  have  not  yet  penetrated  to  ita  Fhcenidan  origjn. 


D,j,,...uL,Cob^|i: 


CH,V.~j  SDTTCATIOH  OF  AN  OBATOS.  SI 

letters  0  ttnd  ti.  61.  Nor  dH  they  Tillinglj  allow  nutscalina 
Greek  nouns  to  euA  in  at  in  the  nominative  case,  and  accord- 
ingly, we  read  in  Cslius.  Pelia  Cincinnatat  ,-*  in  Messala, 
Bene  fecit  Enlbia  (\'  in  Cicero,  Hermagora;  so  that  we  need 
not  wonder  that  the  forma  .^kea  and  Anehita  were  used  by 
most  of  the  old  writers :  for,  said  they,  if  those  words  were 
written  as  Mtecenas,  Suffenat,  Asprena*,  they  would  end  iu 
the  genitiTe  case,  not  with  the  letter  e,  but  with  the  Byllable 
tu.  63.  Hence,  ito  OU/mjmt  and  tyrannnt  they  gave  an  acuted 
middle  syllable,  because  our  language  does  not  permit  the  first 
syllable  of  a  word,  if  short,  to  have  an  acute  accent  when  two 
long  syllables  follow.^  62.  Thus  the  genitive  had  the  forma 
AehUii  and  Uiixi  ;g  and  many  others  similar.  The  modern 
grammarians  have  now  made  it  a  practice  rather  to  give 
Greek  declensions  to  Greek  nouns  ;  a  practice  which  cannot, 
however,  always  be  observed.  For  myself,  I  prefer  following 
Uie  Latin  method,  as  far  as  propriety  allows  ;  for  I  would  not 
now  say  Calypsonem,  like  Junonem,  though  Cains  Crasar,|| 
•  Whether  theao  are  the  worfa  of  Gffiiiua,  Cicero'B  tumiempanxj,  an 
orator  of  same  eminence,  who  is  mentioned  b;  Quintilian,  i.  6.  29 ;  iv. 
2,  123,  or  of  the  hiEtoriao  Ceeliue  AoCipater,  who  lived  in  the  ti         * 


e  Gracohl,  no  commentator  has  told  ue ;  nor  does  it  appear  why 
FelisB,  who  seems  to  have  been  the  father  of  Alcestis,  lo  well  known 
From  the  history  of  Jaaon,  is  called  CincinDatiu,  since  nothing  ia  said 
about  his  hair,  as  tar  as  I  remember,  b;  an;  of  the  poota.  That 
Qulotius  CincinnatUB,  the  famous  dictator,  was  named  a  aneiiHat,  fnna 
hia  curia,  ia  generally  admitted,     f^aldiiig. 

f  Of  whom  HesMila  thus  spoke,  we  are  ignoisnt ;  and  I  know  no 
mention  of  a  Euthia  in  any  writer,  except  that  the  aociuer  of  Phi^ne, 
against  whom  Hyperides  def^ded  her,  had  that  name.     Spalding, 

t  Inde  Olympo  d  l^rajmo  aeutam  mtdiam  dedenmi,  quia  (Judtwl 
longii  tequeatiiut  primani  Irrevem  acta  natter  wnno  non  patiur.}  H«re 
is  a  manifest  error,  not  of  the  tnuiBcribera,  aa  it  would  appear,  but  of 
Quistilian  hiifiself,  fVom  inadvertence.  At  first  he  seems  to  have  had 
In  his  thoughts  the  diffi^rence  between  the  Roman  and  the  Greek 
method  of  pronunciation;  as  the  Romans  would  say,  'OXiniros, 
mpiSvi'oc,  instead  of  the  Oreek  'OXu/iiruc,  Tvpavvot :  but  having 
ohaooed  to  put  those  words  in  the  dative,  to  suit  dedinmt,  he  acoom- 
inodated  his  rule  (as  to  two  long  ^Uablee  preceded  b;  a  short  one)  to 
tiiat  case,  forgetting  that  il  was  a  law  of  the  Greek  lai^nage  aa  much 
u  of  the  Latin.  In  the  manuscripts  there  is  do  aaeietaDce,  for  they  all 
concur,  with  wonderFul  eiactnesa,  in  the  received  reading.    Spalding. 

g  fVnn    the   nominativea   AiA^Uiu   and    Vlyuait,  by  ajmslfi*. 

T  knt^  as  Isanod  m«n  have  veij 


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M  QUINTHJAI*.  [b.  l 

follmrii^  theolder  writers,  uses  this  modo  of  decliDing.  61. 
Bat  custom  has  prevailed  over  authoritj  In  other  words, 
which  m&y  be  declined  without  impropriety  in  either  way,  he 
who  shall  prefer  to  use  the  Greek  form  will  speak,  not  indeed 
like  a  Bomon,  but  without  incnrrii^  blame. 

65.  SintpU  words  are  what  thej  are  in  their  Grat  position,* 
that  is,  in  their  own  nature.  Compotmd  words  are  either 
formed  by  Bubjoining  words  to  prepoaitions,  as  innocent,  (care 
being  taken  that  there  be  not  two  prepositions  inconsistent 
with  each  other,  as  impertenituij'f  otherwise  two  may  be  at 
times  joined  together,  as  ineompositui,  reconditui,  and,  a  word 
which  Cicero  nses,  mbabturduin;)  or  they  coalesce,  as  it  were, 
&om  two  bodies  into  one,  as  maUfieut.  66.  For  to  form  words 
out  of  three  constituent  parts  I  should  certainly  not  grant  to 
our  language  ;  though  Cicero  says  that  copri  is  compounded  of 
cape  ti  vUi  I  and  some  are  found  to  maiutaiii  that  Litpercalia 
also  consists  of  three  ptuts  of  speech,  luere  per  eaprtim.§ 
67.  As  to  tolitauriiia,  it  is  now  believed  that  it  is  for  auove- 
taurilia,  ||  and  such  indeed  is  the  sacrifice,  as  it  is  described 
also  in  Homer.  %  But  these  words  are  constructed,  not  so 
much  of  three  words,  as  of  parts  of  throe  words.     Facuriua 

*  Primd  potitUme.']  That  ia,  in  their  aonumitive  oaae,  the  form  in 
which  tliii;  are  jh-tt  laid  daam.  "  PrimitiTc  noaiiB  uw  called  tumtSna 
frina  itajjoriltonii."     l^tmebtu. 

+  WlmthBr  Quintilim  forgot  thit  Virgil  hiid  used  thiB  word,  or  did 
DottMnk  that  even  Tirgil'a  authority  could  justify  the  use  of  it,  we 
cannot  tell.  It  is  not  parimpii  itrictl;  defensible ;  for  after  per  has 
herai  used  to  inarease  the  BigniGcation  of  ierri'vi,  ia  is  prefixed  to 
negatiTe  both  ;  so  that  it  is  msrely  equivalent  to  inttri-itm,  the  per 
being  rendered  ueelaea.  But  it  ia  not  much  more  objectionable  tbtm 
imperturbaitit,  used  by  Ovid  ;  and  imperfectv*  ia  a  similar  compound. 
Prom  Virgil  it  was  adapted  b;  SQIus  Italicus  and  others. 

:[  Orat.  a.  4S.  Yet  perhaps  the  greet  man  wsa  mistaken,  aa  he  U 
more  than  once  in  regard  to  etjniology  ;  for  neithpr  doea  QnintillaD 
agroa  with  him.  Capiit  appears  to  be  an  archaism  far  ctptrii,  oa  eapat, 
according  to  Fsetus  or  Paulua,  is  for  ctptri/,  i.e.,  prehenderit.  In 
llautua,  PisDul.  tv.  3,  8,  the  MS3.  and  old  ediUona  eiie  eepwit  for 
Mptit  fnim  a  gloBi,  So  cojMO,  Bacchid.  iv.  4,  61  j  eajmrnut,  Rud.  ii.  1 , 
16.     Spalimg 

I  It  is  genendly  supposed  to  be  from  Lnpereit4,  a  name  of  Fan,  or  a 
priest  of  Pan.    Lvptrv*  is  thought  to  be  Inpot  anxtu. 

I  Ttom  MM,  ovu,  and  tavrtu.  Quintilian  adrnlts  (hat  this  is  the 
^nmrallr  received  deiivation.  though  be  himself  doet  tMt  MHotion  it, 
Stt^Hiraia  ia  from  iDhM,  for  lotiu,  and  towrtu. 

^  OdysB.  xi.  130  ;  xiiii.  377. 


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CH.  v.]  EDUCATION  OF  AN  OBATOR.  63 

however  appears  to  have  fonned  compouads,  moet  inel^piatlf 

of  a  preposition  and  two  other  words : 

Keni 

'  Sepandimlrwit,  inemrvietrvicum  ftatt, 

,         •*  The  broad-nosed,  crook-necked   flock   of  Nereus."     Com- 

'       poimdg,  however,  are  formed  either  of  two  emUrt  Latin  words, 

,        as  smperfiii,  tubterfitgi,  (tliough  it  is  a  question  whether  these 

are  indeed  formed  of  entire  words,*)  of  an  eutirt  and  in- 

eomplele  word,  as  maleeoluM;  of  an  incomplete  and   entirt 

word,  lis  noetivagutt  of  two  ineompUte  words,  aa  pediuequu* ; 

of  a  LaUa  and  a/ore>^n  word,  as  bieliniumi  of  a.  foreign  and 

a  Latin  word,  as  epitoyium  and  Antiealo ;  or  of  two  foreign 

^       words,  as  epirhediMtn,  for  though  the  preposition  irJ  is  Greek, 

and  rheda  Gallic,  and  though  neither  the  Greek  nor  the  Gaul 

uses  the  compound,  yet  the  Bomans  have  formed  their  word  of 

the  two  ibre^  words.    69.  Frequently,  too,  the  union  causes  a 

change  in  the  prepositions,  as  abatuUl,  au/vgit,  amitit,  thoi^h 

the  preposition  is  merely  ab,  and  coti,  the  preposition  being 

r'        eon  ;  and  so  igmavi,  erepti,  and  similar  compounds.    TO.  But  the 

composition  of  words  in  gsteral  is  better  suited  to  the  Greeks ; 

'-        with  us  it  is  less  successful ;  though  I  do  not  think  that  this 

results  from  the  nature  of  the  language ;  but  we  look  with  more 

4-  fiivour  on  foreign  compounds ;  and,  accordingly,  while  we  ad- 

mire    xugnxi^ita,    we    hardly    defend    incurvicervieim    from 

^        derision. 

^  71.  Words  are  proper  when  they  signify  that  to  which  thej 

j  wete  first  applied ;  melaphorieal,  when  tbey  have  one  signifi- 
k^  cation  hy  nature,  and  another  in  the  place  in  which  they  are 
,  '  used.  Common  words  we  use  with  greater  safety ;  new  ones 
I  we  do  not  fonn  without  some  danger ;  for  if  they  are  well  re- 
ceived, they  add  but  little  merit  to  our  style,  and,  if  rejected, 
L         they   tarn   to  jokes  against  us.      72.  Yet  we   must  make 

!         attempts ;  for,  as  Cicero  saya,  even  words  which  have  seemtd 
harsh  at  first,  become  softened  by  use. 
t  As  to  the  onomatopaia,  it  is  by  no  means  granted  to  O'jr 

F  *  The  pmpoaittong  «iifMr  tnd  niter  have  indeed  iort  their  acosDt  in 

'  these  compouiid  wrda  ;  see  leot.  27.    But  if  an;  one  ■uppoiM  that 

^-        tiiey  ue  therefore  not  conwouuded  of  entire  words,  he  muiC  dmj  thU 
mj  oompound  is  formed  of  entire  word*,  ainoe  one  of  the  word*  miut 
■woHHril;  lose  ite  accent.    SfMing.    This  eipkoatjon  wis  raggcstd 
i  af  Oetner. 


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54  QtrlNTtUAN.  [b.  I. 

langnage;  for,  if  yn  should  Tentnra  to  pmdnce  anjtfaiag  like 
tboee  justly  admired  eipressioru  U/^i  ffdt,  "  the  bow  twnnged," 
and  gl^t  hpdaX)tii,*  "the  eye  hissed,"  who  would  endure  if  ? 
We  should  not  even  dare  to  aay  halare,  "  to  bleat."  or  hin- 
nhe,  "  to  neigh,"  unless  those  words  were  supported  by  the 
•anctioD  of  antiquity. 


CHAPTER  VI. 

_,     „  ^  8  1— S.     AnJogy,  4—11.    Depurtnrea  from  it,  13—97- 

Btymolog?,  SS— S3.    AbuKs  of  i^  S4— 38.    Old  word<  S»-4I. 

Aotkoritj,  42.    thiBtom,  13 — 1& 

1.  Bt  speakers,  as  well  as  writers,  tliere  are  certain  rules  to 

be  observed.     Iianguage  is  based  on  reaaon,  anliquilg,  aalho- 

'la,  cuilom.     It  is  analogy,  and  sometimes  etymology,  that 

rords  the  chief  support  to  reason.  A  certain  majesty,  and,  if 
I  may  so  express  myself,  religion,  graces  the  antique.  Autho- 
rity is  commonly  sought  in  orators  or  historians  ;  for,  as  Xa  the 
poets,  the  obligation  of  the  metre  eicuses  their  phraseology, 
anless,  occasionally,  when,  though  the  measure  of  the  &et 
offers  no  impediment  to  the  choice  of  either  of  two  expressions, 
they  fancifi^Iy  prefer  one  to  the  other :  as  in  the  following 
phrases  :  Imo  de  itirpe  reciaum,  .^eritt  quo  congettere  palunt- 
bet,  Siliee  in  atidA,'*  and  the  like  ;  since  the  judgment  of  men 
eminent  in  eloquence  is  in  place  of  reason,  and  even  error  is 
without  dishonour  in  following  illustrious  guides.  Cuatim, 
however,  is  the  surest  preceptor  in  speaking ;  and  we  must  use 
phraseoli^,  like  money,  which  has  the  public  stamp. 

But  all  these  particulars  require  great  judgment,  especially 
analogy:  which,  translaUng  it  closely  from  Greek  into  Latin, 
people  have  called  proportion.  4.  What  it  requires  is,  that  a, 
writer  or  speaker  should  compare  whatever  is  at  all  doubtful, 
with  Bomediing  similar  concerning  which  there  is  no  doubt,  bo 
as  to  proTe  the  uncertain  by  the  certain.     This  is  done  in  two 

•  niv.  128;  OdyMt  it  884. 

+  Tii^.  .^Cd.  liL  208;EcLiH.6g;  i.  Ifi.  Telv  with  rq^  to  «fir^ 
Tirgil  sdbareB  to-  the  rale  of  the  gremmtiijuu,  that  it  ia  hubcuIum 
wboD  used  of  treea,  feminine  when  nsed  of  p<  «... 

(eminiite  in  Honea.     Sitex  WM  mon  frequant^  Di 


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CH.  VI.]  EDUCATION  OF  AH   OBATOK.  65 

ways  :  by  a  eompariten  of  similar  words,  in  respect  chiefly 
to  their  last  sjlli^lea  (for  which  reason  the  words  that  have  but 
ooe  syllable  are  said  not  to  be  accountable  to  analogy),  sad  by 
looking  to  diminulive*.  5.  Comparison,  in  nouns,  shows 
either  their  gender  or  their  deetetuion  ;  ttieir  gender,  as,  when 
it  is  inquired  whether  funis  be  masculine  or  feminine,  panh 
may  be  an  object  of  compajison  with  it ;  their  declention,  as, 
if  it  should  be  a  subject  of  doubt  whether  we  sliould  aay  kac 
dontu  or  hac  domo,  and  donumm  or  domorum,  domui,  anui, 
manui  may  be  compared  with  each  other.  0.  The  formation 
of  diminutives  ahoms  only  the  gonder  of  words,  as  (that  I  may 
take  the  same  word  for  an  example)  funiculus  proves  that  funi» 
is  masculine.  7.  There  is  also  similar  reason  for  compariaon 
ia  verbs ;  as  if  any  one,  following  the  old  writers,  should  pro- 
Qounce  fervere  with  the  middle  sellable  short,  he  would  be 
convicted  of  speaking  incorrectly,  since  all  verbs  which  end 
with  the  letters  e  and  o  in  the  indicative  mood,  when  they 
have  assumed  the  letter  e  in  the  middle  syllables  in  tbe  infini- 
tive, have  it  neceasarily  long,  as  prandeo,  pendeo,  spondto, 
prandire,  pendere,  spondere.  8-  Bat  those  which  have  o 
only  in  the  indicative,  when  they  end  \iith  the  same  letter  e  in 
the  infinitive,  shorten  it,  as  lego,  dim,  cutto,  legere,  dicere, 
eurrere  ;  although  there  occurs  in  Lucilins, 

Fervit  ayaa  et  ftrcet  /  fervit  nitnc,  ferret  ad  anaatn. 
"  The  water  boils  uid  nill  boil ;  it  boilB  now,  uid  will  boil  iar  a  jtti.' 

But  with  all  respect  to  a  man  of  aoch  eminent  learning,  if 
he  thinks  fervit  similar  to  enrrit  and  legit,  ferto  wilt  be  a  word 
like  cvrro  and  lego,  a  word  which  has  never  been  heard  by 
me.  But  this  is  not  a  jnst  comparison;  for  sertit  ia  like 
fermO,*  and  be  that  follows  this  analogy  must  say/ereire  as 
well  as  servire.  10.  The  present  indicative  also  is  sometimes 
discovered  from  the  other  moods  and  tenses  ;  for  I  remember 
that  some  people  who  had  blamed  me  for  using  the  word 
pepigi,  were  convinced  by  me  of  their  error ;  they  had  allowed, 
ind^d,  that  the  beat  authors  had  used  pepigi,  but  denied  that 
analc^  permitted  its  use,  since  the  present  indicative  pariscor, 
as  it  had  the  form  of  a  pnssive  verb,  made  in  the  perfect  tense 
paelui  sum.  11.  But  1,  besides  adducing  tbe  authority  of 
*  A  very  proper  observatioa  of  Quintiliui ;  for  when  did  the  tAnni 
Dstion  ermt  belong  to  the  third  canji;gB.tiaii )    folding. 


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B<t  QuiNTiLiAN.  [a  L 

orators  and  hiatoriana,  DiiuDt&ined  that  prpigi  was  rIsci  sup- 
ported bv  analogy ;  for,  as  we  read  in  tlie  Twelre  Fables,  ni 
ita  pagunt,  1  found  cadunt  simikr  to  pagunt.  Hhence  Lhe 
present  indicative,  though  it  had  fiillen  into  disuse  through 
timo,  was  evideally  pago,  like  eado;  and  it  was  therefore 
eertain  that  wo  say  pepigi  like  eecidi.  IS.  But  we  must  re- 
member that  the  course  of  aual«^  cannot  be  traced  through 
all  the  parts  of  speech,  as  it  is  in  many  cases  at  variance  with 
itself."  Learned  men,  indeed,  endeavour  to  justify  some 
departures  from  it,  aa,  wfaea  it  is  remarked  bow  much  l^mi  and 
luput,  thoi^h  of  similar  terminations  in  the  nominativo.  differ 
in  tlieir  cases  and  numbers,  the;  reply  that  the;  are  not  of  the 
same  sort,  since  lepai  is  epicene,  and  lupu*  masculine ; 
although  Varro,  in  the  book  in  which  he  relates  thej^rigin  of 
the  city  of  Rome,  usee  ivpvt  as  feminine,  following  Euniiis  and 
Fabius  Pictor.  13.  But  those  same  grammarians,  when  they 
are  asked  why  aper  makes  apri.  and  pater  palrit,  assert  that 
the  first  is  declined  absolutely,  and  the  second  with  reference 
to  something  ;f  and,  besides,  as  both  are  derived  from  the 
Greek,  tbey  recur  to  the  rule  that  var^c  gives  palrU,  and 
tiwfav  apri.  14.  But  how  will  they  escape  from  the  fact 
that  nouns,  which  end  with  the  letters  h  and  t  iu  the  nomina 
tivu  singular,  never,  even  though  feminine,  end  with  the 
syllable  rit  in  the  genitive.^  yet  that  Vtwis  makes  t^eneriti 
and  that,  though  nouns  ending  in  es  have  various  endings  in  the 
genitive,  yet  their  genitive  never  ends  in  that  same  syllable  rit, 
when,  nevertheless,  C«rM  obliges  us  to  say  Cererij  f  15.  And 
whiit  Khali  I  say  of  tboee  parts  of  speech,  which,  though  all  of 
similar  commencement,  proceed  with  different  inflexions,  as 
Alba^  makes  jilbani  and  j4lbeinet,  Volo,  volui  and  volavif 

*  To  n;  that  aDatooT  I*  at  variance  with  itHlf  is  ui  inconect  mnda 
or  exprsBaioQ.  QulDtman  meani  that  wa  often  tind  departures  IrtiiD 
■dbIc^  where  we  might  expect  to  see  strict  adhercace  to  it. 

t  Ad  aiijuid.]  Aper  being  expreased  without  reference  to  iinything 
else,  while  pater  hms  relation  to  j(Zhu,-  but  thii  distinction  cumot 
account  for  the  difference  in  the  genitive  caee*.  jtd  atiguid  ia  taken 
from  the  TpAc'  ^t  ia  the  Categorise  of  Arietotie.  "Ad  aliqiad  dictum 
est  qnod  sine  iateUectu  illius  ad  quod  dictum  eat,  profeni  non  potei^ 
ntJUiai,  temu.'    FriiciMi,  p.  A80,  ed.  Putsch,    f^aldimg. 

;  He  foi^t  Idlmt,  wru,  aa  w*  are  reminded  b;  Tarnebns. 

f  There  are  tno  towns  named  .ilba,  one  in  Lstium,  from  which 
eomeB  A  Ihani,  tlie  other  on  the  Uke  FuiriDUS,  whose  inhabitanta  are 
oiled  AOenta.     Varro,  de  L.  L.  lib.  viL 


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OH.  Tl.}  RDUCATIOM  Or  IN  ORATOR.  67 

i-'or  that  verbs,  which  end  with  tbn  letter  o  in  the  first  person 
singular,  are  variously  funned  in  the  perfect,  analogj  itself 
admits,  as  endo  makes  ceeidi,  ipondeo,  tpopondi,  pingo  pinxi, 
lego  leg*,  pono  poiui,  frango  fregi,  laudo  lattdavi ;  lA.  since 
analogy  was  not  seat  down  from  heaien,  when  men  were  first 
made,  to  give  them  rules  for  speaking,  but  was  discovered  after 
men  had  beguu  to  speak,  and  aAer  it  was  observed  how  each 
word  in  speaking  terminated.  It  is  not  therefore  founded  on 
reason,  but  on  example ;  nor  is  it  a  law  for  speaking,  but  the 
tnere  result  of  observation ;  so  that  nothing  but  custom  has 
been  the  origin  of  analogy.  17.  Yet  some  people  adhere  to  it 
with  a  most  unpteasantlj  perveree  attachment  to  exactness ;  so 
that  thej  will  saj  audaciier  in  preference  to  audaeler,*  though  all 
orators  adopt  the  Utter,  and  etnicacii  instead  of  emievit,  eonire 
instead  of  coin.  Such  persons  we  may  allow  to  say  aiidiriMie, 
and  aeivitte,-f  tribunate,  ondfaeUileT;  let' them  also  have  their 
fragali*,  instead  of  frvgi,  for  how  else  can  frugalilas  be 
fbrmed?  m.  Let  them  also  prove  that  eMtuin  millia  titimmun 
and  _^em  Deuot  are  two  solecisms,  since  they  err  in  both 
case  and  number;}  for  we  were  ignorant  of  this,  forsooth,  and 
were  not  merely  complying  with  custom  and  convenience,  as  in 
most  cases,  of  which  Cicero  treats  nobly,  as  of  everything  else, 
in  his  Orator.  10.  Augustus,  too,  in  his  letters  wiitten  to 
Caiua  Cffisar,  j  corrects  him  for  preferring  to  say  ealiduni  rather 
than  catdam,  \\  not  because  calidum  b  not  I<atin,  but  because 
it  is  unpleasing,^  and,  as  be  has  himself  expressed  it  bv  a 
Greek  word,  vtihiytr. 

*  Bee,  mpecting  this  Word,  the  eommentot<a«  on  IJTy,  zzii.  2B, 
uid  especiallj  Duker  ond  Dmkanboroh  on  xL  66.     Spalding. 

t  Yet  audirUK  and  tcvniie,  imlesi  aur  texts  be  extremely  corrupt, 
have  bean  oaed  bj  viiten  in  muij  pasugeB.  Perhaps  QnintiUan, 
tlit<r*fare,  only  meant  to  blame  those  who  said  that  we  ought  alwajs  to 
nae  titoee  uncontracted  Tonna;  tor  Cicero,  Onit.  o.  IT,  wyB  plemtm 
ttr/mm  rtcU  did  et  inmiinHlim  utUtUi.     Spalding. 

I  Ab  if  eierj  body  else,  ejoept  thoae  critdca,  wa«  igniwaut  that 
niMntnuni  a  for  tmtMnorum,  snd  deun  for  deonat.     Sea  Cic.  Oral.  c.  AS. 

§  The  son  of  Agrippa,  and  adopted  aon  of  Anguatus,  whoas 
li'tlers  to  him  an  ^  lost,  except  a  fragment  preiervad  by  AuIub 
Gfllliiu,  I*.  7. 

I  ColomeBioa  snppoMi  that  calidmt  vaa  rejected  on  account  of  its 
ilmilari^  in  lound  to  caiiidui. 

1  Qttta  til  orftofiwi.]  Burmann  ingenioualy  conjecture*  guia  t  Ml 
Blt'uwn.    But  tlie  text  ui  probably  eorraol. 


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69  QoumLiAS.  |;b.  i, 

SO.  All  tbie  indeed  the;  consider  as  mere  igSomm, 
"ortlioepy,"  which  I  by  no  means  set  aside:  for  what  is  bo 
nec«8SiU7  as  coirectnesa  of  speech  ?  I  think  that  we  ought  te 
adhero  to  it  as  Ibt  as  poswhle.  and  hi  moke  persevering  resist- 
Auce  against  iunovatmB ;  but  tn  retain  words  that  are  obsolete 
and  disused,  is  a  species  of  impertinence,  and  of  puerile  osteti- 
tatiou  in  little  thii^  SI.  Let  the  extremely  learned  man, 
urbo  has  saluted  you  without  an  aspirate,  and  with  the  second 
syllable  lengthened,*  (for  the  verb,  he  will  say,  is  avire.)  say 
also  calefaeere  and  eoniervaeiue  rather  tbao  what  we  say:t 
and  with  these  let  him  join  face,  dice,  and  ihe  like.  23.  His 
way  is  tbe  right  way ;  who  will  deny  it  1  but  a  smoother  and 
more  beaten  road  is  close  by  tbe  side  of  it.  There  is  nothii^, 
however,  with  which  I  am  more  offended,  than  that  these  men, 
led  away  by  oblique  cases,  permit  themselves,  I  do  not  say  not 
to  find,  but  even  to  alter  nominative  cases,  as  when  ebur  and 
robur,  so  spoken  and  written  by  the  greatest  authors,  are  made 
to  change  the  vowel  of  tbe  second  syllable  into  o,  because  their 
genitives  are  reborit  and  ebmris.  and  because  aulfiiT  and  j'ecur 
preserve  tbe  vowel  u  in  the  genitive.  For  which  reason  also 
jecwr  and  feinuT  have  raised  disputes.  23.  This  change  of 
theirs  is  not  leas  audacious  than  if  they  were  to  substituie  the 
letter  o  for  u  in  the  genitive  case  of  stilfvT  and  gutiur,  because 
tborU  and  roborit  are  formed  with  o;  after  tbe  example  ot 
Anionius  Onipho.f  who  acknowledges  that  Tobur  and  ebur  are 
proper  words,  and  even  marnmr,  but  would  have  the  plurali 
of  them  to  be  robvra,  ebura,  marniiiTa.  94.  But  if  they 
had  paid  attention  to  the  affinity  of  letters,  they  would  have 
understood  that  roborit  is  as  fairly  formed  from  robtir  aa 
mililis,  limtin,  from  milei,  limes,  or  judieia,  vindteia,  from 
iudex,  vindex,  and  would  have  observed  some  other  forms  tx) 
which  I  have  adverted  above.§  35.  Do  not  similar  nominative 
cases,  as  1  remarked,|!  diverge  into  very  dissimilar  forma  in 

*  Safiog  Jtl  initead  of  MavX,  whiali,  tl-figli 


i*  K unalj  ealfaare  tmA  fnawriiitwe. 

j  An  smiOBUt  gnunmitrian  aud  rbotorician,  whose  school  ii  said 
to  have  been  frequented  by  muiy  great  men,  and  btsu  bj  Cioeni 
himself  after  be  wu  pnetor.  Bee  Suetoniui  oa  Eminent  OrBmiuu  iaus. 
f.  vil  1  Macrob.  Sat  iii.  IS. 

%  I.  1,  ]£. 

i  Bum.  12  and  IS. 


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ob.'Tl]  xdccation  or  ak  oratob.  5« 

the  obliqne  casM,  Eis  Virgo,  Jtmo  ;  fiuut,  Ivtitt ;  eutpiM,  pufpi*  t 
Knd  a  thousand  others  ?  It  happens,  too,  that  some  oouns  an 
not  used  in  the  plural,  others  not  in  the  singular ;  some  are 
indeclinable ;  some  depart  altogether  from  ihe  form  of  thdr 
DOminatiTes,  as  Japiter.  30.  The  same  peculiarit;  happens 
in  verbs,  as  fero,  tuti,  of  nhicli  the  preterperfect  is  found.* 
and  nothing  more.  Nor  is  it  of  much  importance,  nfae^er 
those  unused  parts  are  actually  not  in  existence,  or  nhetber 
tbej  are  too  harsh  to  be  used ;  for  what,  for  eumple,  wilt 
progenies  make  in  the  genitive  singular,  or  what  wilt  tpet  make 
in  the  genitive  plural?  Or  how  will  owire  and  mere,  form 
themselves  in  the  perfect  passive,  or  in  the  passive  participles? 
37.  It  is  needless  to  advert  to  other  words,  when  it  is  even 
uncertun  whether  ienmUu  makes  ttnattu  eenatui,  or  te»ati 
lenato.i  It  appears  to  me,  therefore,  to  have  been  not 
anhappity  remarked  that  it  is  one  thing  to  speak  Latin,  and 
another  to  speak  grammar.  Of  analtyy  I  have  now  sud 
enough,  and  more  than  enough. 

Etymology,  vrhjcb  inquires  into  the  origin  of  words,  is  called 
by  Cicero  itotalioa,  because  its  designation  in  Aristotle  is 
«ii/*ffa\iit,  that  is,  nota ;  for  to  a  literal  rendering  of  iru/MiMylce, 
which  would  be  veriloquium,  Cicero  himself,  who  forcned  that 
word,  is  averse.  There  are  some,  who,  looking  rather  to  the 
meaning  of  the  word,  call  it  origination.  S9.  This  part  of 
grammar  is  sometimes  of  the  utmost  use  ;  as  often,  indeed,  as 
the  matter,  concerning  which  there  is  any  dispute,  stands  in 
need  of  interpretation ;  as  when  Marcus  Coelius  would  prove 
that  he  was  a  homofmgi,  "a  frugal  man,"  not  because  he  was 
temperate,  (for  on  that  point  he  could  not  speak  fabely.)  but 
becanse  he  was  profitable  to  ndoy,  that  is  Jntetnonn.  from 
whence,  he  said,  was  derived  fmgality.X   A  place  is  accordingly 

*  The  pretfsperfeot  uid  the  tfliwea  formed  from  it.  Tin  text  i^ 
ffro,  fuZi,  a^tu  pnifanliHH  peTfedum,  eC  tUltriui  no»  invmtlVT,  at  whloh, 
u  SuJdiug  b&;b,  the  conatroctioD  is  not  VNy  alow.  Ha.  however, 
rightly  determines  tbat  Ml>  must  be  the  antecedent  to  cu/m,  and  not 
unhappily  proposefl  to  read  nil  for  non. 

t  The  old  gnuDQiaTiani  (ste.  Futwh.  pp.  10  and  713)  viy  that  tba 
Donnii  of  the  fourth  declenBion  andently  oKifoTmed  to  the  searakd. 
But  I  do  not  remember  that  any  writer  haa  used  .anuto  ,■  ttmati,  in  ttt* 
genHiTa,  oecmia  frequently  in  Siihirt.    SpoZiJMy, 

t  On  what  oonnon,  or  in  what  apteeh,  Harcoi  CffiUiu  ho  lactrijously 
argned,  I  do  not  find  recorded.  That  hia  morals  were  not  of  tht 
pore^  Cicero,  who  defends  bim,  admits.    Spalding. 


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00  OUINTILIAK.  [b  L 

aiuigned  to  etymologj-  in  dofinitioiiB.  30.  Sumetimes,  also, 
it  endeaTOure  to  distjuguish  barbarous  &om  poliM  words;  aa 
when  a  question  arises  whether  Siuil;  should  be  called 
Triquetra  or  Triquedra,*  end  whether  we  should  say  mtridiet 
or  medidiaf'\  and  similar  questions  concerning  other  words 
which  yield  to  custom.  31.  But  it  carries  with  it  much  learn- 
ing, whether  we  employ  it  in  treating  of  words  sprung  from 
the  Greek,  which  are  vei;  numerous,  eapecially  those  inflected 
according  to  the  .^^lic  dialect,  to  which  our  language  has  most 
simiiitude,^  of  in  inquiring,  from  our  knowledge  of  ancient 
history,  into  the  names  of  men,  places,  nations,  cities;  whence 
come  the  names  of  the  BnUi,  Publicotte,  Pici;  why  we  ay 
LatiuTU,  Italia,  Beneventum  t  what  is  our  reason  for  using 
the  terms  Capitol,  Qxirinal  bill,  and  ArgiUtunt.% 

33.  I  would  now  allude,  also,  to  those  minuter  poiuts,||  on 
which  the  greatest  lovers  of  etymology  weary  themselves;  mep 
who  brit^  back  to  their  tme  rfcrjvutton.^  by  various  and  mani- 
fold arts,  words  that  have  become  a  little  distorted,  shortening 
or  lengthening,  adding,  taking  away,  or  interchanging  letters 
or  syllables.  In  this  pursuit,  through  weakness  of  judgment, 
t^ey  run  into  the  most  contemptible  absurdities.  Let  contul  be 
(1  make  no  objection)  from  "  coiuutiinjr "  or  from  "judging,"  for 
the  ancients  called  eotuutere  "judicare,"  whence  still  remains 
the  phrase  rogat  boni  eoatulat,  that  is,  Aontun  judicet.  SH. 
Let  it  be  old  age  that  has  given  a  name  to  the  tenate,**  for  the 
senators  are  fathers ;  let  rex,  rector,  and  abundance  of  other 
words,  be  indisputably  from  regot  nor  would  I  dispute  the 
ordinary  derivation  of  tegula,  regula.ff  and  other  words  similar 


to  euphony. 

1  Sua  Fo»ter  on  Accent  and  Qutuititj,  p  93.  teag,  Spalding  ref*  rs 
to  a  theais  by  Sehkrdunui,  Lndi^  IT76,  entJUed  Latuta  UagHa  iii 
tiuiUriut  Ungiia  Orceea. 

g  See  Servius  on  Virg.  Xa.  riii,  345 ;  Uwj  i.  19. 

H  Theae  remnrka  QnintiliBn  direct!  at  Vuro,  who  addnued  Hiree 
books  on  thii  subject  to  Cicero,  and  M  numy  to  Bq>tiniiiu,  u  well  m 
other  writerB  who  were  perpetually  referring  to  etymology,  a  predjca 
which  leema  to  have  had  Um  orifriu  in  flato'i  (^tylui,  whrae  it  ia 
(aid  that  no  word  is  umd  without  a  reaaon.     Tumtbtu. 

%   VmratfPi.]  ■Etv„..,:    So  Cio.  Orat.  o.  48.     CoKnUe  vermlen. 

tt  The  quantity  of  the  Arat  ajllabte  of  theae  wordi  might  seem  to 
uak*  the  rvosived  deriTition  (ruDi  tigo  and  rqio  doubtful.     Sj^alding. 


D,j,,..;uL,Coogk' 


tm.  VI.]  KDUCATION   Of  iS  OR&TOR.  91 

to  them  ;  let  eUuiU,  also,  be  from  calare,  "  to  call  togeOtn," 
and  let  lepat  be  for  levipes,  and  vulpti  for  volipeM.  34.  But 
Bhall  we  also  allow  words  to  be  derived  from  eo»trarie»,  as 
taeut,  "  a  grove,"  from  luceo,  "  to  shine,"  because,  being  thick 
with  phade,  parum  lueet,  it  does  not  shine  ?*  As  ludiu,  "  a 
ecbool,"  from  ludo,  "  to  play,"  because  tt  ia  as  &r  as  poesiblo 
from  pta;  ?  As  Dili*,  "  Pluto,"  from  divet,  "  rich,"  because 
be  is  b;  no  means  rich  ?  Or  shall  we  allow  homo,  "  man,"  to 
be  from  hmmiu, "  the  ground,*'  because  he  was  sprung  from 
the  ground,  as  if  all  animals  had  not  the  same  origin,  or  as  if 
the  first  men  had  given  a  name  to  the  ground  bef<»«  thej  gave 
one  to  themselves?  Shall  we  allow  verba,  "words,"  to  be 
from  aer  verberatiu,  "  beaten  air  ?"  35.  Let  us  go  on,  and 
we  shall  get  so  far  that  itelta,  "  a  star,"  will  be  believed  to 
be  Itminia  ttillm,  "a  drop  of  light,"  the  author  of  which 
derivation,  an  eminent  man  in  literature,  it  would  be  un- 
generous for  me  to  name  in  regard  to  a  point  on  which  he 
is  censured  b;  me.  36,  But  those  who  have  recorded  such 
etymologies  in  books  have  themselves  set  their  names  tc 
thiem ;  and  Ctuus  Graniust  thought  himself  extremely  clerei 
for  saying  that  cieUbei,  "  bachelors,"  was  the  same  as  eatitet, 
"  inhabitants  of  heaven,"  because  they  are  alike  free  from 
a-  most  heavy  burden,  resting  his  derivation,  too,  on  an  ar- 
gument from  the  Greek,  for  he  affirmed  that  iiiiiai(X  was 
used  in  the  same  sense.  Nor  does  ModestuaS  yield  to  him 
in  imagination,  for  be  says  that  because  Saturn  cut  off  the 
genitalia  of  Calvx,  men  who  have  no  wives  are,  therefore, 
called  calibet.  37.  Lucius  £liusj|  declares  that  piluita, 
"  pUegm,"  is  so  called  quia  pelat  vitam,  because  "  it  aims 
at  life."  But  who  may  not  be  pardoned  after  Varro,  who 
wished  to  persuade  Cicero^  (for  it  was  to  him  that  he  wroto 

•  ThiB  dtwimtion  has  bauad  into  a.  provirb.     Tmrro,  da  L.  L.  p.  8, 

givM  on  equally  wonderful  derivatiou  of  cabHi,  from  cttando,  {OmI 
opM-fwK  at.    Spalding, 

t  1  have  not  been  able  to  discover  inytiiing  of  a  gnmmarkn  of 
tbat  nama.     Spalding. 

X  Quaai  ^li  Si^t  Vouiiu  derivta  ctdtit  from  EOirQ  ud  XtiT*^ 
quam  toiXnii,  earau  Ueto  iHipfHfi. 

S  Saatooin*  on  Eminent  Orammeriani,  o.  iz. 

)i  Ad  interpretation  of  the  carmina  S<di<iTwnt  by  Cuui  Xlim,  a  man 
w^  acqaaiDted  wiUi  Latin  literature,  is  dted  by  Varro  da  I«  L.,  vi.  1. 
6»B«r.     No  Lociui  .£liua  is  known. 

^  To  whom  the  bookaile  Lingul  I^ttiiU  on  iiuaribu4. 


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69  QDlNTtUAW.  [B.  I 

:hU),  thflt  ager,  "  a  field,"  is  so  called  because  in  to  agalitr 
aliqaid,  "  sometfaing  is  done  in  it,"  and  that  graculos,  "  jack- 
dan'H,"  are  so  named  because  they  fly  gregatim,  "  in  flocks," 
though  it  is  evident  that  the  one  is  derived  from  the  Greek, 
and  the  other  from  the  cries  of  the  birds  themseWes  ?  But 
of  such  importance  was  it  to  Va«o  to  derive,  that  mertda 
"  a  blackbird,''  he  declared,  was  so  named  because  it  flies 
alone,  as  if  mera  rolant.  Some  have  not  hesitated  to  apply 
to  etjrmology  for  the  origin  of  ereiy  name  or  word ;  deducing 
Longtu  and  Jtufiu,  as  I  remarked,*  from  peraonal  pecnliaritiea; 
ttrepere  and  mumiarar*  from  particular  sounds ;  with  which 
they  join,  also,  certain  derivatives,  as  velox,  "swift,"  deduced 
Irom  veloeita*,  "  swiftness,"!'  and  the  greater  number  of  com- 
pounds (as  being  simitar  to  them),  which,  doubtless,  have  their 
or^n  from  something,  but  demand  no  exercise  of  ingenuity, 
for  which,  indeed,  except  on  doubtful  points,  there  is  no 
opportunity  in  these  investigations. 

38.  Words  derived  from  antiquity  have  not  only  illustrious 
patrons,  but  also  confer  on  stjle  a  certain  majesty,  not  un- 
attended with  pleasure ;  for  they  have  the  authority  of  age, 
and,  as  they  have  been  disused  for  a  time,  bring  with  them 
a  charm  similar  to  that  of  norelty.  40.  But  there  is  need 
of  moderation  in  the  use  of  them,  in  order  that  they  may 
not  occur  too  frequently,  nor  show  themselves  too  manifestly, 
since  nothing  is  more  detestable  than  afiectalion  ;  nor  should 
they  be  taken  from  a  remote  and  already  forgotten  age,  as 
aro  topper,  "  quickly."  antigcrw,  "  very  much,''J  exanelare,  "  to 
draw  oat,"  protapia,  "a  race,"  and  the  verses  of  the  Salii, 
which  are  soircely  understood  by  the  priests  themselves.  41. 
Those  verses,  however,  reUgion  forbids  to  be  changed  ;  and  we 
must  use  what  has  been  consecrated  ;  but  how  faulty  is  speech, 
of  which  the  greatest  virtue  is  perspicui^,  if  it  needs  an  inter- 
preter! Oousequently,  as  the  oldest  of  new  vrords  wilt  be 
the  best,  so  the  newest  of  old  words  will  be  the  best. 

•  L*,26. 

+  H  «  vdooHitB  dieitm-  veloz.]  Ths  inbriantive  k  ganerally  ooB- 
■idered  to  b«  derived  from  the  »dieotive.  It  seeinB  not  mir«a8«i>b)« 
to  luppnw  tfaet  the  text  mnit  be  oomipt,  uid  that  some  fanciful 
derivation  of  v^ox  origlnall;  filled  the  jdaoe  which  vdteiialt  now 


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TH.  VL]  BDDOATION   OF  AN   ORATOB.  AS 

4S.  The  case  is  similarwitb  regard  to  authority;  for  thoagh 
be  may  seem  b>  commit  no  &ult  who  usne  those  words  which 
the  greatest  writers  have  handed  down  to  him,  jet  it  is  of 
much  importance  for  him  .to  consider,  not  onlj  what  words 
they  used,  but  bow  far  they  gave  a  sanction  to  them ;  for 
no  one  would  now  tolerate  from  us  tubuTckinabundut,  "  de- 
TOuriag,"  or  lurehinabundai,  "  voracious,"  though  Cato  waa  the 
fttther  of  them  ;  nor  would  people  endure  lodicei,  "  blankets,'* 
in  the  masculine  gender,  though  that  gender  pleases  Pollio; 
nor  gladiola  for  "  little  swords,"  though  Messala  has  used  it; 
nor  parriddataty  "  parricide,"  which  was  thought  scarcely 
endurable  in  Cielius  ;*  nor  would  CaWost  induce  me  t«  use 
coUai,  "  necks ;"  all  which  words,  indeed,  those  authors  them- 
selves  would  not  now  use. 

48.  There  remains,  therefore,  etutom,  for  it  would  be  almost 
ridiculous  to  prefer  the  language  which  men  have  spoken  rather 
than  that  which  they  now  speak ;  what  else,  indeed,  is  old 
laoguage,  but  the  old  manner  of  speaking  ?  But  even  for 
following  custom  judgment  is  necessary  ;  and  we  must  settle, 
in  the  first  place,  what  that  is  which  we  call  cusUim;  44.  for  if 
custom  be  merely  termed  that  which  the  greater  number  do,  it 
will  furnish  a  most  dangerous  rule,  not  only  for.  language,  but, 
what  is  of  greater  importance,  for  life.  For  where  is  there  so 
much  virtue  that  what  is  right  can  please  the  majority  ?  J  As, 
therefore,  to  pluek  out  katri,^  to  cvt  th«  hair  of  the  head  in  a 
twxemon  of  ring>.\\  and  to  drink  to  exeeu  in  tite  bath.^  what- 
ever country  those  practices  may  have  invaded,  will  not  become- 
the  outom,  because  no  one  of  them  is  undeserving  of  censure, 
though  we  bathe  and  clip  our  hair,  and  takt  our  m«ah  together 
according  to  custom,  so,  in  speaking,  it  is  not  whatever  has 
beceme  a  vicious  practice  with  many,  that  is  to  be  received  aa 
a  rule  of  language.    4Fi.  Fur,  not  to  mention  how  the  ignorant 

'  I  nDdamttind  the  hiatoruui.    Sptddw^. 

■(■  CaiuH  LiciniuH  Calms,  the  orator,  meotioDed  with  commoidBtiini 
br  Cicero,  Brut.  b.  82.  See  Wetbol  on  Epirt.  ad  Div.  xv.  21.  H*  ii 
often  mentioned  by  Quintiliui.    SptHS^. 

i  Oi  irXtioi'ic  iiiEol,  said  Bine. 

i  FeKt.]  The  eitreinely  deliiate  plucked  the  hur  from  their  Mat 
with  tweeien.  or  ramoved  it  by  other  meiuB.  Jut.  Sat  viii  114; 
SuetoD.  CiEB.  45,  Olfa.  13,  et  alibi  ;  Aol.  Oell.  vli.  12. 

q  Compare  lii.  IS,  47  ;  Juvenal,  vi  502;  Suvt.  Ner.  61. 

^  Lampridiui^  Conmiod.  c.  11 ;  Jn  (jwii  batneit  td^al. 

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01  guranLUK.  ib.  t. 

eommonl;  epeak,  we  know  tliat  whole  theatres,  and  all  tha 
crowd  of  the  circus,  have  frequentlj  uttered  borbaroua  ex- 
clamations.* Custom  in  speaking,  therefore,  I  shall  call  the 
i^reement  of  the  educated;  as  I  call  cuatom  in  living  the 
agreement  of  the  good. 


CHAPTER  VII. 

Of  orthography,  t  1-  IMatJDotion  of  wordi  of  doubtful  aignification, 
3—6.  CompoutioD  with  prapositioni,  7 — 9.  On  tht  letter  k, 
JO,  Ortbographj  mibserrient  to  ougtom ;  mntique  Hpelling,  11 — 
27.  DiOenmoe  between  spelling  and  proDonciBtion,  SS,  29.  Ne> 
eainty  of  judgment,  30— S£.  QuintJliiLn  defends  his  remarks  on 
thie  subject,  8S— Sfi. 

1.  SiKCE  we  have  mentioned  what  rules  are  to  be  followed 
in  speaking,  we  must  now  specify  what  are  to  be  observed  b; 
writers.  What  the  Greeks  call  igityfafia,  we  maj  call  tlte 
art  of  writing  correctly;  an  art  which  does  not  consist  in 
knovfing  of  what  letters  every  syllable  is  composed  (for  thia 
study  is  beneath  the  profession  even  of  the  grammarian),  but 
exercises  its  whole  subtilty,  in  my  opinion,  on  dubious  points. 
2.  As  it  is  the  greatest  of  folly  to  place  a  markf  on  all  long 
syllables,  since  meet  of  them  are  apparent  from  the  veiy 
nature  of  the  word  that  is  written,  yet  it  is  at  times  necessary 
to  mark  them,  aa  when  the  same  lett«r  gives  someiimes  one 
sense  and  sometimes  another,  according  as  it  is  short  or  long  ; 
thus  maha  is  distinguished  by  a  mark,  to  show  whether  it 
means  "  a  tree  "  or  "  a  bad  man  ;"  3.  palm,  tee,  signifies  one 
thing  when  its  first  syllable  is  long,  and  another  when  its 
second  is  so;  and  when  the  same  tetter  is  short  in  the 
nominative  and  long  in  the  ablative,  we  have  generally  to 
be  informed  by  this  mark  which  quantity  we  are  Ui  adopt. 

•  The  oustomaiy  language  of  the  multitude,  therefore,  U  not  to  bo 
,   Bomething  nmilar  to  tha 


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CH.  VII.J  BDOCATION  OF  AM   UvlTOR.  £9 

4.  Grammarians  have  in  like  maaner  thought  that  tha 
following  distJDCtion  should  be  ebserved  ;  namely,  that  ne 
should  write  the  preposition  ex,  if  the  word  epeelo  waB  com- 
pounded with  it,  with  the  addition  of  «  in  the  secood  Bjllable, 
exspecto;  if  ^cfo,  without  the  «.  0.  It  has  been  a  distJDCtioD, 
also,  observed  by  many,  that  ad,  wlien  it  was  a  preposition, 
should  take  the  letter  d,  but  when  a  copjunctiou,  the  letter 
( i*  and  that  own,  if  it  signiGed  time,  should  be  written  with 
a  q  and  two  u's  following,  but  if  it  meant  accompaniment, 
with  a  0.  6.  Some  other  things  were  even  more  trifling  than 
these,  as  that  quicquid  should  have  a  c  for  the  fourth  letter, 
lest  we  should  eeem  to  ask  a  double  queetioii,t  and  that  we 
should  write  qaotidie,  not  cotidie,  to  show  that  it  was  for  ^lot 
di^mt.  But  these  notions  have  already  passed  away  among 
other  puerilities. 

7.  It  is  however  a  question,  in  writing  prepositions,  whether 
it  is  proper  to  observe  the  sound  which  they  make  whan  joined 
to  another  word,  or  that  which  they  make  when  separate,  as, 
for  instance,  when  I  pronounce  the  word  obtinuit ;  for  our 
method  of  writing  requires  that  the  second  letter  should  be  A  ; 
while  the  ear  catches  rather  the  sound  of  ;i ;  ^  8.  or  when  I  say 
(fflmunts,  for  the  letter  n,  which  the  compoeition  of  the  word 
requires,  is  influenced  by  the  sound  of  the  followiug  syllable, 
and  changed  into  another  ni.  P.  It  is  also  to  be  olMerved,  ia 
dividing  compound  words,  whether  you  ought  to  attach  the 
middle  consonant  to  the  first  or  to  the  second  syllable  ;  for 
arugpex,  as  its  latter  part  is  from  ipeetare,  will  assign  the 
letter  s  to  the  third  syllable  ;  ahiemiut,  as  it  is  formed  of  a&- 
almencia  teraeli,  "  abstinence  from  wine,"  will  leave  the  s  to  the 
first  syllable.  10.  As  to  it,  1  think  it  should  not  be  used  in 
any  words,  except  those  which  it  denotes  of  itself,  so  that  it 
may  be  put  alone. §  This  remark  I  have  not  omitted  to  make, 
because  there  are  some  who  think  It  necessary  when  a  follows ; 
though  there  is  the  letter  c,  which  suits  itself  to  all  vowels. 

*  The  dietinctioD  therefore,  betwepn  ad  and  at,  which  we  scnipi^ 
lously  observe,  I  Bhoold  suppose  that  Quintilian  disregaj^ed.     Spaldiag. 

t  Quid!  quidt 

t  la  manuscripte  we  frequently  find  oplinav,  which  is  proved  from 
this  passaga  to  be  not  always  a  mistake  of  tha  copyists.  It  is  iijd«ud 
difficult  t«  prsssrva  the  grave  sound  of  b  when  {  followi  j  before  d,  ui 
in  obdneert,  it  u  vaiy  msy.    Spolding. 

I  S«i  L  4,  B. 


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66  QUITtTILIAN.  [&£ 

11.  Butorthc^raphysabmitsUicustODi.ftnii has  therefore!^ 
quenti;  been  altered.  I  say  nothiug  of  those  ancient  times  whec 
there  were  fewer  letters,  tmd  wheD  their  shapes  were  diSereut 
from  these  of  oura,  and  their  natures  also  different,  as  that  of  0 
among  the  Greeks,  which  was  sometimes  long  and  sometimoa 
■hoit,  and,  as  among  us,  was  sometimes  put  for  the  syllable 
whiuh  it  expresses  by  its  mere  name.*  lit.  I  say  nothing  also 
of  d,  among  the  ancient  Latins,  being  added  f  as  the  last 
letter  to  a  great  number  of  words,  as  is  apparent  from  the 
rostral  pillar  erected  to  Caios  Duellius  in  the  forum ;  |  nor 
nor  do  I  speak  of  ff  being  used  in  the  same  nuuiQer,§  as,  on 
the  puhinar  \\  of  the  Sun,  which  is  worshipped  near  die  temple 
of  Komulus,  is  read  vespeniff,  which  we  take  for  petpervgo. 
13.  Nor  is  it  necessary  to  say  anything  hereof  the  interchange 
of  letters,  of  which  I  have  spoken  above ;%  for  perhaps  as  they 
wrote  they  also  spoke. 

■  That  is,  for  the  interjection. 

f  Ul — i—uliimam  adjecfiBa^  Haw  ia  this  accuntire  goTemedT  R 
uema  to  ba  wanting  after  ut :  utet  (traoseo  w.)  d  <Mmam,  to. 

X  This  we  ma;  oiu^lveB  see,  *■  the  bug  of  thia  ancient  monnmeDt 
has  been  pr«Berved  even  to  our  timea,  and  a  repreaentation  of  it  is 
given  in  a  treatiEfl  bjr  PsMr  Ciacoonius,  nhenoB  Onevius  hns  copied  it 
into  hie  Floriia,  p.  166 ;  and  it  a  alao  to  be  found  in  Qruter,  p.  404. 
TliB  letters  are  not  yet  oblite-atod ;  and  we  read  fvffnandod  for  pvg. 
nando  ;  marid  for  mart ,-  AidatoTtd  for  dtctotort ;  »(  oAoif  for  vn  aUo  ; 
vamaled  pradad  for  navaU  prieda.  Hore  azamples  are  given  by  Vosajn^ 
Art  Qromm.  ii.  14.     Spaldijig. 

i  Of  tbia  addition  1  find  no  eianipla  in  monnmenlal  inBcriptions ; 
and  Quintiliaa  himself  appears  to  intimate  that  it  was  more  rare  tHaa 
the  preceding.  It  is  probable  that  the  aocienta,  instead  of  vapere, 
uaed  vapeT%  like  noetu,  an  ablative  case,  as  is  proved,  from  Enoiua,  bj 
VoaeiuB,  ds  AnaL  ii  13.  To  this  they  added  g,  veiperug,  which  the 
contemporariea  of  Quintilian  erroneously  supposed  (for  QuintiliaQ 
himaelf  rejscta  the  supposition)  ti>  be  for  vttpeivgineia,  regarding  it  aa 
a  curtailed  instead  of  a  lengthened  word.    Spaldi»g. 

II  In  what  sense  Quintilian  uaes  this  word  is  by  no  means  cleat>. 
That  the  letters  were  enabroiderad  on  the  pvli-inar,  or  couch,  with  the 
needle,  ss  Qesner  in  bis  TbaaauruB  supposes,  (eems  a  conjecture  quite 
inadmissiblo ;  but  there  were  jndi-inaria  made  of  solid  msterial,  in 
imitation  of  real  couches,  on  which  the  letters  might  have  been 
engraved.  But  it  appears  beet  to  take  fvlrniar  in  the  ssDae  of  a 
IcmpU  in  vihitA  pulYinsria  loere  ipread.  In  Liiy  iii.  62,  we  may 
auppose  palrinanion  to  be  used  in  thia  aenae  ;  and  we  may  also  refer 
to  Tacitus,  Ann,  it.  74.  folding.  Thia  sense  of  tlie  word  it 
abDndantl;  established  in  Schellisr'B  Latin  Lexicon. 
H  J.  4, 12-17. 


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CH  Tn.]  EDUOATIOK  OF  AN   ORATOR  07 

14.  It  was  for  a  long  time  a  very  common  custom  not  te 
double  the  eemiTOweU ;  wMe.  on  tte  other  hand,  even  down 
to  the  time  of  Accius  and  later,  they  wrote,  as  I  have  re> 
nmrked,"  long  syllabloa  with  tiro  vowels.  15.  Still  longer 
continued  the  practice  of  using  e  and  i  together,  joining  them 
in  the  same  manner  as  tba  Greeks  in  the  diphthong  t\.  This 
practice  was  adopted  for  a  distinction  in  cases  and  aumbeia, 
BS  LuciliuB  t  admonishes  us : 


and  afterwards, 

Jf cnJaA  JtMWK  a/i4x»  B,  wttm  Am  Airn 

However  this  addition  di  e\&  both  superfluous,  since  i  has  the 
nature  as  well  of  a  long  as  of  a  short  letter,  and  also  sometimes 
inconvenient;  for  in  those  words  which  have  e  immediately 
before  the  last  syllable,  and  end  with  %  long,  we  should  use,  if 
we  adopted  that  method,  a  double  e,  as  attreei,  argenteei,  and 
the  like ;  and  this  would  be  extremely  embarrassiug  to  those 
who  are  beiug  taught  to  read ;  17.  as  happens  also  among  the 
Greeks  by  the  addition  of  the  letter  i,  which  they  not  only 
write  at  die  end  of  dative  cases,  but  sometimes  even  in  the 
middle  of  a  word,  as  AHI2THI,||  because  e^molt^,  in  making 
a  division  of  the  word  into  three  syllables,  requires  that  letter. 
18.  The  diphthong  ai,  for  the  second  letter  of  which  we  now 
substitute  e,  our  ancestors  expressed,  with  a  varied  pronuucia- 

•  L  «,  10. 

t  He  wrote  mle>  or  grommaLr  in  versa.  StgiaM.  Wbether  theea 
femarkB  an  grojiunaticB]  pointa  were  introduced  among  Lie  Bataree,  or 
were  sepanta  camptwitianB,  critioa  amnot  infonD  lU. 

t  That  ia,  "  Now  the  bo^g  (pwri)  are  oome  ;  make  the  concliuioi]  * 
Bed  i,  that  the  boya  {pMeretf  m^  be  made  plural."  The  ■  was  inserted 
to  diBtiDguiah  the  plural  from  the  genitive  ungular. 

S  Spalding  cwDaidera  that  fur  it  used  in  the  quotation  in  tba  sense 
of  termu.  If  ao,  the  senie  will  be,  "  To  a  liar  and  a.  alave  {mendaci 
'un^iM)  yon  aholl  add  t,  when  you  ahall  order  to  give  to  ■  slave  ;"  i  (., 
when  you  shall  nae  the  datiTe  case,  which  was  to  end  in  a  to  dis- 
tinguish it  from  the  ablative.  See  Velius  Longua,  Putsch,  p.  2330  ; 
AnL  OeU.  liii.  25. 

\\  For  XpffTJi,  the  dative  case  of  Xj/arfit,  a  lobber.  Qryphina's 
edition,  for  >»  (m  tjflabat,  hai  m  dwai  tyUahta,  which  Bormaiui 
would  adopt,  making  the  lUviaion  Xtfi — n-^i,  or  Xp — irry.  Tl^e  fliat 
■yUabls  of  the  word  requires  an  iota,  as  coming  from  Xiiu,  "  booty." 

r  a 


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6S  QDWTILUir.  [B.  L 

tion,  by  a  and  i,  soma  nsiitg  it  in  all  csseB  like  the  Oreeln 
others  oDly  in  the  singular,  nhen  they  had  to  form  a  gettitiTe 
or  dadre  case,  whence  Virgil,  a  great  lover  of  antiquity,  has 
inserted  in  his  versen  picttU  vettu,  and  aulai;  but  in  the  pluntl 
number  of  such  nouns  they  use  e,  as  SyUae,  Oalbat.  1 9.  There 
is  on  this  point  also  a  precopt  of  Lucilius,*  which,  as  it  is  ex* 
pressed  in  a  great  number  of  verses,  whoever  is  incredulous 
about  it  may  seek  in  hia  ninth  book. 

SO.  I  may  mention,  too,  th&t  in  the  time  of  Cicero,  and  some- 
what ,ltit«r,  the  letter  i,  as  often  as  it  occurred  between  two  long 
Towels,  or  followed  a  long  vowel,  was  doubled,  as  eatuta,  eaitua. 
divittionet ;  for  that  both  he  and  Virgil  wrote  in  this  way,  their 
own  hands  show.  SI.  Buttbose  of  a  somewhat  earlier  period 
wrote  the  word  jam,  which  we  express  with  two  t'a,  with  only 
one.  Thntoprtntus,»uuninut,  should  take  t  as  their  middle  letter, 
v^ich  among  the  ancients  was  u,  is  said  to  have  been  brought 
about  by  an  inscription  ta  Caius  Cssar.t  32.  The  ward  here  we 
now  end  with  the  letter  e ;  but  I  still  find  in  the  hooks  of  the 
old  comic  writers  Htri  ad  me  vmtit;'^  which  same  mode  of 
spellii^  is  found  in  the  letters  of  Augustus.g  which  he  wrote 
or  corrected  with  his  own  hand,  33,  Did  not  Cato  the 
Censor,  also,  for  dicam  and/actum,  write  dteem  exiijaeiem  fU 
and  did  he  not  observe  the  same  method  in  other  verbs  which 
terminate  in  a  similar  way  ?  This  is  indeed  manifest  from  his 
old  writings,  and  is  remarked  by  Messala  in  his  book  on  the 
letter  t.  SHie  and  quote  occur  in  the  writings  of  many 
autiiors ;  but  whether  the  authors  themselves  intended  thoni 
to  be  written  thus,  I  do  not  know  ;  that  Livy  spelled  them  in 
that  way.  I  learn  from  Pedianus,  who  himself  imitated  Livy  ; 
we  end  those  words  with  the  letter  i. 

36.  Why  need  I  allude  to  vorHeei  and  vonut    and  other 

■  This  ra«eept  U  loit.    It  uemi  to  hava  been  ■imilar  to  thftt  of 

Higidiue  ^gulua,  which  we  find  in  Aul.  Q«E  ziii  35.    Sf<ddmg. 

t  Caligula,  who  first  adopted  thU  title  of  opHmtu  maxcmut;  Sueton. 
0.  S2.  The  Bair.e  mi>d«  of  ap«UiDg  coDtinued.  sa  appears  from  ao 
liwcriptton  to  Trajan  in  Ornter,  p.  247,  and  Reinea.  iii.  IS,  16.    Bur- 

i«  aim  AoL  OeU. 


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OH.  Tn.]  rauoATioit'  or  am  okator.  6t 

nmilar  vords,  in  nhich  Scipio  AfricaDua  is  said  to  have  firat 
changed  the  second  letter  into  tf  36.  Oar  tutors  wrote 
eemuia  and  teruam  with  the  lett«rB  u  and  o,  cerium,  tervorA, 
in  order  that  the  same  two  vowels,  following  each  ether,  might 
not  coalesce  and  be  confounded  in  the  aome  sound  ;  the;  are 
now  written  with  two  u's,  on  the  principle  which  I  have 
stated  ;*  though  in  neither  way  is  the  word  which  we  conceive 
exactly  eipressed.  Nor  was  it  without  advantage  that 
Claudius  introduced  the  ^olic  letterf  for  snch  cases  21.  It 
is  an  improvement  of  the  present  day  that  we  spell  eui  with 
the  three  letters  which  I  have  just  written ;  for  in  this  word, 
when  we  were  boys,  they  used,  making  a  veiy  offensive  sound, 
911  and  oi,  only  that  it  might  be  distinguished  from  qui. 

28.  What  shall  I  say,  too,  of  words  that  are  written  othe^ 
wise  than  they  are  pronounced  ?  Omm*  is  spelled  with  the 
letter  e.  which,  inverted,  means  a  woman ;  for  that  women 
w^e  called  Caia,  as  well  aa  men  Oiii,  t^fipeara  even  from  our 
nuptial  ceremonies.}  29.  Nor  does  Oncitu  assume  that  letter,  in 
designating  a  pmnomen,  with  which  it  is  sounded.  §  We  read, 
loo,  eolumtia  and  eonsuletW  with  the  letter  n  emitted;  and 
Subura,  when  it  is  des^poated  by  three  letters,  takes  «  as  the 
third.^  There  are  many  other  peculiarities  of  this  kind ;  but  I 
fear  that  those  which  I  have  noticed  have  exceeded  the  limits 
of  so  unimportant  a  subject. 

30.  On  all  such  points  let  the  giammarian  use  his  own 
judgment,  tor  in  this  department  it  ought  to  be  of  the  greatest 
authority.  For  myself,  I  think  that  all  worde,  (unless  custom 
has  ordered  otherwise,)  should  be  written  in  conformity  with 
(heir  sound.    31.  For  this  is  the  use  of  letters,  ta  preserve 

■  See  I  4,  n. 

+  See  L  *,  7. 

ila  which  the  womui  said,  Ubi  (a  Catai,  ihi  ego  Caia. 
For  it  is  muked  Cm.,  Dot.  u  it  ought  to  be,  6'n.     Spaldiag.    But 
he  ii  inclined,  not  without  reason,  to  tliiok  the  worda  tn  jM-mtonmw 
luita  a  gloBsema. 

II  Siding  olMerves  thkt  he  knows  of  no  eiunple  of  tha  otnlaaioii 
of  n  in  colmima.  Cot.  &nd  Coo.  ware  tha  oTdinu?  abbreviatiaDB  of 
erntnl  and  contula, 

H  VuTO  de  Ling.  Lat,  lib.  iv.  darivM  Salnirra  from  a  pagft  Bailed 
'AbmtonM,  and  Buppoaes  that  it  was  originally  Suaua,  that  the  e  wM 
■fterwarda  changed  into  &,  and  that  Sitbuia  waa  then  tranafornuid  into 
SHbarro.  Wa  Sequent];  see  Sue.,  aaya  Spoiling,  aa  the  detdgnation  <4 
the  Subiuran  nr  Saauan  tribe  in  tb«  inuaiptioiia  of  Oruter. 


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70  QUISTILU.-*.  [B.  I. 

words,  and  to  restore  tliem,  like  a  deposit,  to  readers ;  and 
they  ooght,  therefore,  (o  express  exactlj  what  ne  are  to  say, 

S2.  These  are  the  most  important  points  as  to  speaking  and 
writing  correctlr.  The  other  two  departments,  those  of  speak 
ing  with  significance*  and  elegance,  I  do  not  indeed  take 
away  bom  the  grammarians,  but,  as  the  duties  of  the  rheto- 
rician remain  for  me  to  explain,  reserve  them  for  a  more 
important  part  of  my  work. 

33.  Yet  the  reflection  recurs  to  me,  that  sodm  will  regard 
those  matters  of  which  I  have  just  treated  as  estremelj  trifling, 
and  even  as  impediments  to  the  accomplishment  of  anything 
greater.  Nor  do  I  myself  think  that  we  ought  to  descend  to 
extreme  solicitude,  and  puerile  disputations,  about  them ;  I  even 
consider  that  the  mind  may  he  weakened  and  contracted  by 
being  fixed  upon  them.  34.  But  no  part  of  grammar  will  be 
hur^il,  except  what  is  superfluous.  Was  Cicero  the  less  of 
an  orator  bscaose  he  was  most  attentive  to  the  study  erf 
grammar,  and  because,  as  appears  from  his  letteis^  he  was  a 
rigid  exactor,  on  all  occasions,  of  correct  language  from  his 
son  ?  Did  the  writings  of  Julius  Ctesar  On  Analogp  diminish 
the  vigour  of  his  intellect?  Or  was  Meseala  teas  elegant  as  a 
writer,  because  he  devoted  whole  books,  not  merely  to  dngle 
words,  but  even  to  single  letters  ?  These  studies  are  iqjuriouH. 
not  to  those  who  pass  through  them,  but  to  tliose  who  dwell 
immoderately  upon  them. 


CHAPTER  VIII. 


Of  reading,  %  1 — 1.  Antbon  to  b*  read,  GnA  and  Latin,  J — ]£. 
Duiy  of  the  erHiUDHiui,  IS — 1T>  Of  lecture*  on  birtorical  rwtd- 
iDg,  18—21. 

1 .  Readikg  reroaioH  to  be  considered ;  in  which  how  a  bty 
may  know  when  to  take  breath,  where  to  divide  a  verse, f 

*  SijpafK'mttrJ]  Spaldiog  inteipreta  tbii  word  b;  ftrmcui,  clari. 
But  it  lignifles  Bometbiog  more;  it  implies  epeiikiiig  wiU  propriety, 
yuang  langnnga  raited  to  the  sabjeot,  uid  pntting  "  proper  worda  in 
Ittapcr  placea." 

i-  Venrnn  di^iagwrt.']  That  ia,  to  divide  ■  verse  proparlj  in  loadings 
fo  W  not  to  ruD  alwajB  on  to  the  end  of  it,  uid  there  drop  the  voica. 
That  Qulutiliui  ii  ipeakiiig  of  tha  reading  of  poetry,  la  apparent  from 


D,j„..;^L,  Cookie 


OH.  Vm.J  BDUCATIOH   OF  AN   OEATOE.  71 

where  the  sense  is  concluded,  where  it  begius,  when  the  voice 
is  to  be  raised  or  lowered,  what  is  to  be  uttered  with  unj'  par^ 
ticular  intlexiou  of  sound,  or  what  ia  to  be  pronounced  with 
greater  «lowness  or  rapidity,  with  greater  animation  or  gentle- 
ness than  other  passages,  can  be  taught  only  in  practice,  it. 
There  ia  but  one  direction,  therefore,  which  I  have  to  give  iu 
this  part  of  mj  work,  namely,  that  he  mag  be  able  to  do  aL 
Ihii  titvceuj%lljf,  let  him  anderMland  what  he  read*. 

Let  his  mode  of  reading,  however,  be,  above  all,  manly, 
uniting  gravity  with  a  certain  degree  of  sweetness ;  and  let 
not  his  reading  of  the  poets  be  like  that  of  prose ;  for  it  is 
verse,  and  the  poets  say  that  they  sing;  yet  let  it  no: 
degenerate  into  sing-song,  or  be  rendered  effeminate  with  un- 
natural softness,  as  is  now  the  practice  among  most  readers ; 
on  which  sort  of  reading  we  hear  that  Caius  C»sar,  while  he 
was  still  under  age,  observed  happily  to  some  one  that  was 
practising  it,  "  If  you  are  singing,  you  sing  badly ;  if  you  pre- 
tend to  read,  you  nevertheless  sing."  3.  Nor  would  I  have 
proiopopeia  pronounced,  as  some  would  wish  them,  after  the 
manner  of  actors ;  though  I  think  there  should  be  a  certain 
alteration  of  the  voice  by  which  they  may  be  distinguished 
from  those  passages  in  which  the  poet  speaks  in  his  own 
person. 

4.  Other  points*  demand  much  admonition  to  be  ^vea  on 
them ;  and  care  is  to  be  taken,  above  all  things,  that  tender 
minds,  which  will  imbibe  deeply  whatever  has  entered  ihem 
while  rude  and  ignonnt  of  everything,  may  learn,  not  only 
what  is  eloquent,  but,  still  more,  what  is  morally  good.     6, 
It  has  accordingly  boen  an  excellent  custom,  that  reading  fr^_^ 
■  should    commet'ce    with    Homer    onH     Virgil,    althougn,    to    ' 
understand  their  merits,  there  is  need  of  maturer  judgment ;        \,- 
but  for  the  ocquisiiion  of  judgment  there  is  abundance  of  time ; 
for  (h^  will  not  be  read  once  only.     Iu  the  meantirae.  let  thet 
mind  mf  the  pupil  be  emlted  with  the  sublimity  of  the  beroicl 
terse,  conceive  ardour  from  the  magnitude  of  the  subjects,  and|  ' 

the  next  ■htUoh;  aad  he  had  pnrioaBlr,  i.  4,  2  mentioDed  in 
Btruction  In  the  tsading  of  the  poets  as  part  of  the  grammarian'i  dutj 

*  Beaide*  the  mere  method  of  mding,  caution  ia  to  be  used  as  te 
the  autijeote  read  ;  aod  moral  bBtruetion  ihould  be  occasianal^ 
introdooed  during  the  le»OD,  according  aa  the  matter  majr  auggeat  it^ 


D,j,,..;uL,Coo^lc 


) 


/be  .i 
Irqo! 


_j  imbued  witb  tlie  noblest  sentimenla.  6.  The  reading  of 
tragedies  ia  beneficial ;  tie  It/rie  jioets  nouriah  the  mind,  pro- 
tidod  that  you  select  from  them,  iiot  merely  authors,  but 
portiQ;i3  of  their  worka;  for  the  Greeks  are  licentious  in 
^^many  of  their  writings,  and  I  should  be  loath  to  interpret 
Horace  iu  certain  ]jas8age8.  As  to  elegy,  at  least  that  nhich 
■,  treats  of  love,  and  hendecasyllablea,*  and  poems  in  which 
there  are  portions  of  Sotadic  verses,  (for  concemmg  Sotadic 
verses  themselves  no  precept  need  even  be  mentioned,)  let 
them  bo  altogether  kept  awaj',  if  it  be  possible ;  if  not,  let 
thorn  at  least  be  reserved  for  the  greater  strength  of  mature 
age.t  7  Of  comedy,  which  maj  contribute  very  much  to 
eloquence,  as  it  extends  to  all  sorts  of  characters  and  passions, 
I  will  state  a  little  further  on.  in  the  proper  place,  the  good 
which  I  think  it  may  do  to  boys  ;  when  their  morals  are  out  of 
danger,  it  will  be  among  the  subjects  to  be  chiefly  read.  It 
is  of  Menander  that  I  speak,  though  I  would  not  set  aside 
other  comic  writers ;  for  the  Latin  authoi's,  too,  will  confer 
some  benefit.  8.  But  those  writings  should  be  the  subjects  of 
lectures  for  boys,  which  may  best  nourish  the  mind  and 
enlarge  the  thinking  powers ;  for  reading  other  books,  which 
relate  merely  to  erudition,  advanced  life  will  afford  sufficient 
time. 

The  old  Latin  authors,  however,  will  be  of  great  use,  though 
most  of  them,  indeed,  were  stronger  in  genius  than  in  art. 
Above  all  they  will  supply  a  copia  verborum ;  while  in  tlieir 
tragedies  may  be  found  a  weightiness  of  thought,  and  in  their 
comedies  elegance,  and  something  as  it  were  of  Atticism.  9. 
There  will  be  seen  in  them,  too,  a  more  careful  regard  ta 
regularity  of  structure  than  in  most  of  the  modems,  who  have 
considered  that  the  merit  of  every  kind  of  composition  lies 
solely  in  the  thoughts.  Purity,  certainly,  and,  that  I  may  so 
express  myself,  manliness,  is  to  be  gained  from  them ;  since 
we  ourselves  have  fallen  into  all  the  vices  of  refinement,  even 
in  our  manner  of  speaking.  10.  Let  us,  moreover,  trust  to 
the  practice  of  the  greatest  orators,  who  have  recourse  to  the 

*  Uoder  thin  nune  we  nnderstaiid  ohlefly  Phalncian  voaea,  tucb.  u 
-     CatulluB  vfTote.     Tvinthtu. 

f  Quintiliiui  aeema  to  Ijave  been  tiA«id  of  giving  a  pupil  Sotadio 
verees,  uid  others  of  an  efienunate  cbsracter  and  full  of  tmchaica, 

Kd   a    nu"     -   '-"    -■    -■—  -    -■ 
Jding. 


D,j„..;uL,  Cookie 


CH  VIII.]  EDUCATION   OF  AN  ORATOB.  TJ 

poems  of  the  ancients,  as  well  for  the  support  of  their  ugu* 
ments,  as  for  the  adornment  of  their  eloquence.  11.  For  in 
Cicero,  most  of  alt,  and  frequently,  also,  in  Asinius,  and 
others  nearest  to  his  times, "^e  see  verses  of  Enniui,  Aeeiut, 
Pacuviut,  LMeiUui,  Terence,  Cacitiut,  and  other  poets, 
iutroduced,  with  the  best  efibct,  not  only  for  showing  the  learn- 
ing of  the  speakers,  but  for  giving  pleasure  to  the  hearers, 
whose  ears  find  in  the  charms  ^jioetrj  a  relief  from  the  want 
of  elegance  in  forensic  pleading./  13.  To  this  is  to  be  added 
no  mean  advantage,  as  the  -ami&kers  confirm  what  thej  have 
stated  by  the  aenliments  of  the  poets,  as  by  so  maTiy  testi- 
monies. But  those  first  observationa  of  mine  Lave  reference 
rather  to  boys,  the  latter  to  more  advanced  students,*  for  the 
love  of  letters,  and  the  benefit  of  reading,  are  bounded,  not  by 
the  time  spent  at  school,  bat  by  the  extent  of  life. 

13.  In  lecturing  on  the  poets,  the  grammarian  must  attend 
also  to  minor  points ;  so  that,  after  tiding  a  verse  to  pieces,  t^ 
he  may  require  the  parts  of  speech  to  be  specified,  and  the 
peculiarities  of  the  feet,  which  are  necessuy  to  be  known,  not 
merely  for  writing  poetry,  but  even  for  prose  composition  ;  and 
that  be  may  distinguish  what  words  are  barbarous,  or  mis- 
applied, or  used  contrary  to  the  rules  of  ihe  language ;  14. 
not  that  the  poets  may  dius  be  disparaged,  (to  whom,  as  tbey 
are  commonly  forced  to  obey  the  metre,  so  much  indulgence 
is  granted,  that  even  solecisms  are  designated  by  other  names 
in  poetry,  for  we  call  them,  as  I  have  remarked,t  metaplasms, 
tchematisnii,  and  tckemala,X  and  give  to  necessity  the  praise 
of  merit,)  but  that  the  tutor  may  instruct  the  pupil  in  figura- 
tive terms. §  and  exercise   his  memoiy.     15.  It  is  likewise 

*  Priora  iSa — hm  ttquoMa.']  'RiS  former  ani  the  directioiu  whioli 
Quintiliaa  had  given  abwut  the  reading  of  the  poeta ;  the  laMcr  tliB 
obaervatiaiu  which  lie  bad  mode  about  Uia  introduction  of  their  vcmes 
in  prose  compouHoa.  Spaldiiig.  But  Spalding  thioka  that  the  word* 
pnnra  uid  sejuenfto  are  autre  intsTpretatioiiB  which  have  crept  into 
tbe  iait  trom  tha  mar^a. 

t  I.  6,  53. 

t  Metajtatmiat  ia  anj  ohaage  id  <ihe  form  of  a  word,  effected  by 
ajAarrni^  paragoge,  or  any  other  figure,  .Sdiemaiitmi  and  ickanata 
liave  the  same  meaning  ;  and  Spalding  thinlEB  it  pouible  that  the 
former  may  have  been  introduoed  into  tha  test  by  some  iDcoirenl 
transoriber. 

9  Arlijtcialiavt  commortere.]  That  ia,  weoiWo  ariii /rejwniinnnwlq 
radit-t  iliKfJittimt.    Spalding. 


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Ti  qmsmiix.  [ai. 

oaefol,  unong  the  fint  mdimentB  of  inetnictioii,  to  abiv;  in 
how  111U17  senses  ettch  word  may  be  understood.  Aboat 
floMeituta,  too,  that  is,  words  not  in  general  use,  no  small 
attenuon  is  requisite  in  the  grammatical  profession.  16.  With 
■till  greater  care,  faoweTer,  let  him  teacb  all  kinds  of  tropes, 
from  which  not  only  poetry,  but  even  proae,  receives  the 
greatest  ornament,  as  well  as  the  two  sorts  of  tchevtala  or 
figures,  called  figures  of  speech  and  figures  of  thoughL  My 
observations  on  these  figures,  as  well  as  those  on  tropes,  I  put 
off  to  that  portiou  of  m;  work  in  which  I  shall  have  to  speak 
of  the  embellishments  of  composition.  17.  But  let  the  tutor, 
above  all  thiogn,  impress  upon  the  minds  of  his  pupils  whal 
ment  there  is  in  a  just  disposition  of  parts,  aud  a  becoming 
treatment  of  subjects ;  what  is  well  suited  to  each  character ; 
what  is  to  be  commended  in  the  thoughts,  and  what  in  the 
words ;  where  diffusencss  is  appropriate,  and  where  contraction. 
18.  To  these  duties  will  be  added  explanations  of  historical 
points,  which  must  be  sufficiently  minute,  but  not  carried  into 
superfluous  disquisitions ;  for  it  will  suffice  to  lecture  on  facts 
which  are  generally  admitted,  or  which  are  at  least  related  b; 
eminent  authors.  To  examine,  indeed,  what  all  writers,  even 
the  most  contemptible,  have  ever  related,  is  a  proof  either  of 
extravagant  laboriousness,  or  of  useless  ostentation,  and  chains 
and  overloads  the  mind,  which  might  give  its  attention  to  other 
things  with  more  advanU^e.  19.  For  be  who  makes 
researches  into  all  sorts  of  writings,  even  such  as  are  unworthy 
to  be  read,  is  capable  of  giving  his  time  even  to  old  women  s 
tales.  Tot  the  writings  of  grammarians  are  full  uf  noxious 
matters  of  this  kind,  scarcely  known  even  to  the  very  men  who 
wrote  them.  20.  Since  it  is  known  to  have  happened  to 
Didymus,*  than  whom  no  man  wrote  more  books,  that,  when 
be  denied  a  certain  story,  as  unworthy  of  belief,  his  own  book 
containing  it  was  laid  before  him.  21,  This  occurs  chiefly  in 
fabulous  stories,  descending  even  to  what  is  ridiculous,  and 
sometimes  licentious;  whence  every  unprincipled  grammarian 
has  the  liberty  of  inventing  many  of  his  comments,  so  that  he 
may  lie  with  safety  concerning  whole  books  and  authors,  as  it 
may  occur  to  him,  for  writers  that  never  existed  cannot  be 
produced  against  him.  In  the  better  known  class  of  auUiors 
■  He  i»  aud  by  AtheIueu^  iv.  p.  ISD,  to  have  written  thne  thouMud 
Stu  himdrad  books ;  by  S«ii«^  Kp.  SS.  four  thouauid. 


D,j„..;uL,  Cookie 


,CH.  a.]  EDDOITION  OF  AH  OIUTOB.  70 

the;  ua  often  exposed  b/  the  curious.  Hence  it  shall  be 
■ccouQted  by  me  among  the  merits  o(  a  grunmaiian  to  bt 
ijfnorant  of  aonu  things. 


CHAPTER  IX. 


1.  Two  of  the  departments,  which  this  profession  undertakes, 
have  now  been  concluded,  namely,  the  art  of  speaking  cor- 
rectly, and  the  explanation  of  authori;  of  which  they  call  the 
one  methodice  and  the  other  hialoriee.  Let  us  add,  howerer, 
to  the  business  of  the  grammarian,  some  rudiments  of  the  art 
of  speaking,  in  which  tbe;  ma;  initiate  their  pupils  while  still 
too  joung  for  the  teacher  of  rhetoric.  2.  Let  boys  learn,  then, 
to  relate  orally  the  fobles  of  .£sop,  which  follow  next  after  the 
nurse's  stories,  in  pl^n  langiu^e,  not  rising  at  all  abovt 
mediocrity,  and  afterwards  to  express  the  same  simplicity  ii 
writing.  Let  them  leam,  too,  to  take  to  pieces  the  verses  o 
the  poete,  and  then  to  express  them  in  different  words;  one 
afterwards  to  represent  them,  somewhat  boldly,  in  a  paraphrase, 
in  which  it  is  allowable  to  abbreviate  or  embellish  certain  parts, 
provided  that  the  sense  of  the  poet  be  preserved.  3.  He  who 
shall  succeBsfully  perform  this  exercise,  which  is  difficult  even 
for  accomplished  professors,*  will  be  able  to  leam  anything. 
Let  *e»tences,  also,  and  chriiE,  and  ethologitt,^  be  written  by 

*  I  confesa  that  I  bstitat*  at  thu  passage,  doubting  whether  a  work 
which  a  difficult  even  amaiimimatit  froftinrnbiu,  can  properly  be 
imposed  upon  boya.  1  ud  inclined  to  think,  therefbre,  that  tbow 
wards  must  be  taken  ea  an  iblatiie  rather  than  a  dative,  in  the  aeni« 
of  "  under  the  [nstnictioD  of  occompliihed  profeaaors."  Tet  such 
coDBtnictton  ie  ceitiuniy  harsh,  and  unlike  that  of  Quintilioo. 
Spalding. 

f  "A  tenleiKi  is  the  enunciation  of  soiue  genertl  propositiol^ 
exhorting  to  Boinething,  or  deterring  ftotn  aometbing,  or  showing 
what  something  is."  I^cinu,  citing  from  Eermogenaa,  p.  1333,  c£ 
Putsch.  "  What  the  Greeks  call  KP''«>  ii  the  relation  of  some  sayins 
or  action,  or  of  both  together,  showing  its  intention  clearly,  and 
having  generally  some  moral  instrucljon  in  view."  Prisdan,  it.  p. 
1332.  "  Of  the  ethologia,"  anva  Spalding,  "  we  oajinot  find  any  suoh 
dear  and  exact  definition.'  It  seems  to  have  been  a  descrifilion  oi 
fUustlntion  of  the  niurala  or  character  of  a  penoo. 


D,j„..;uL,  Cookie 


T6  qunrnUAK.  [B.  L 

the  learner,  mth  the  occasbna  of  the  sayingB  added  acoordit^ 
to  the  gramraari&na,  because  these  depend  upon  reading.  The 
nature  of  all  these  is  Bimilar,  but  their  fonn  different ;  because 
s  imttmee  is  a  general  proposition ;  ethology  b  confined  to 
certain  persona.  4.  Of  cKritB  several  sorts  are  specified :  one 
similar  to  a  sentence,  which  is  introduced  with  a  simple  state- 
ment, Hi  laid,  or  He  maa  aecuiloined  to  say:  another,  which 
ioclades  its  subject  in  an  answer :  He,  being  atkad,  or,  wh«n 
this  remark  teat  made  to  him,  replied;  a  third,  not  unlike 
the  second,  commences,  When  tome  one  had,  not  laid,  but 
d(me,  tomething.  5.  Even  in  the  acts  of  people  some  think 
that  there  is  a  chria,  as,  Cratet,  having  met  with  an  ignorant 
hoy.  beat  hie  tutor :  and  there  is  another  sort,  almost  like  this, 
which,  however,  the;  do  not  venture  to  call  b;  the  same  name, 
but  tenn  it  a  ^timdtf ;  as,  Milo,  having  been  accuetomed  to 
carry  the  eame  calf  every  day,  ended  by  carrying  a  bull.'  In 
all  these  forms  the  declension  is  conducted  through  the  same 
cases,  tflnd  a  reason  may  be  given  as  well  for  acts  as  for  say- 
ings. /Stories  told  by  the  poets  should,'!  think,  be  treated  by 
boys,  not  with  a  view  to  eloquence,  but  for  the  purpose  of 
increasing  their  knowledge^/  Otlier  eKercises,  of  greater  toil 
and  ardour,  the  Latin  teachers  of  rhetoric,  by  abandoning 
them,  have  rendered  the  necessary  work  of  teachers  c» 
grammar.  The  Greek  rhetoriciaQS  have  better  understood  tlie 
weight  and  measure  of  their  duties. 

*  lliU  U  an  Kcoinple,  conveying  aometJiing  of  the  nature  of  moral 
instruction  ;  it  illustrate  the  effects  of  persevoniaae,  and  ot  tba 
regular  diadiarRe  of  any  duty. 

+  Per  eotdan  cmm.]  The  marpn  of  Gryphius  has  per  omna  eanii, 
and  eo  Philander  admonishes  tia  to  read.  The  chriit  might  commeoco 
Willi  any  cnee  ;  thus,  Cato  dixit  liierantni  radica  avtar/u  tat,  ^rtKttu 
jWM-adioTa.  CatOAu  didum  ferttir  literantm,  iSic.  OaliHii  hoe  diclwn 
Iribuititr,  tc  Catmtim  dixitte  ferunt,  to.  Tit,  Oatt,  dirint,  Ac.  A 
Ckl<me  Mm  dialuia  at  to. 


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CH  X.]  BDDOATIOH  OP  A«   ORATOB,  77 

CHAPTER  X 

Of  oilier  rtadiei  pnliminar;  to  that  of  riietori<^  |  ].  Vtotnitj 
of  Uwm,  Si — B.  Anthorit;  of  ths  ancients  in  fkTunr  of  leun- 
ing  miuic,  9 — IS.  Union  of  mudc  with  graniiniuv  17 — 31. 
Utility  of  mniic  to  the  orator,  22—30.  What  rort  ot  mnaio  to 
be  ctudied,  81—33.  Utility  of  geometry,  84— ST.  Geometriotl 
proo^  38 — 4S.  AHtronomj ;  examples  ot  the  benefit  attendinE  a 
knowled^  of  it,  M — 1». 

1.  These  remarks  I  have  made,  as  brieflj  as  I  could,  upon 
grammar,  not  bo  as  to  examine  and  spe^  af  eveiy  tlung. 


which  would  be   an  infinite  task,  but  merely  of  the   miat   / 

eBBBnlJal  points.     I  BhaU  now  add  aome  coniiinB  obafliTfttinns  /    , 

oa  the  other  departments  of  study, 

jtould  be  initiated  before  they  are  c 

rhetoric,  in  order  that  that  circle  of  iustruction,  which  the 


nts.  I  ahaU  now  add  aome  concinB  obaerTfttinns  /  / 
departments  of  study,  in  which  I  think  that  boys  / 
tiated  before  they  are  committed  to  the  teacher  of  / 


Greeks  call'iyxvxijot  mui$la,  may  be  completed. 

2.  For  about  the  same  age  the  study  of  other  accomplish- 
ments must  be  commenced ;  concerning  which,  as  they  are 
themselves  arts,  and  cannot  be  complete  without  the  art  of 
oratory,*  but  are  nevertheless  insufficient  of  themselves  to 
form  an  orator,  it  is  made  a  question  whether  the;  are  neces- 
sary to  this  art.  3.  Of  what  service  is  it,  say  some  people, 
for  pleading  a  cause,  or  pronoimcing  a  legal  opinion,  to  know 
how  equilateral  triangles  may  be  erected  upon  a  given  line  ?  Or 
how  will  he,  who  has  marked  the  sounds  of  the  lyro  by  their 

*  Et  me  ftrfecta  (tne  arandi  tnenfid  mm  poMwit.l    Bnnauin  and 

moit  of  the  recent  editors,  have  tt  auftrfetta  tint  Am  orancU  tcitnlia 
mm  polttl,  from  a  coajectun  of  Regius.  Five  maniuctipts,  gayg  Bur- 
luBjin,  omit  tlie  mm  before  pouwst.  But  Spalding's  reiujing,  whicb  u 
that  of  the  majority  ot  the  best  manuBoripta,  seams  to  be  right 
Burmann's  would  set  saido  all  necesaitj  for  the  tollowing  qneition ; 
tun  tint  huic  opercB  ntceMarUe,  gweritw :  if  the  art  of  oratory  could  not 
be  perfHct  without  those  other  arta  or  sdeaceB,  there  would  ba  no  need 
of  loqiiiriug  whether  those  arta  or  sciencea  were  necessary  to  ths  art  ot 
oratory.  What  Quintilian  says  is,  that  those  arta  or  sciences  cannot 
be  perfect  without  the  art  of  oratory,  that  is,  that  lie  art  of  oratory  is 
necessary  to  them,  sad  that  it  is  then  to  be  inquired  whether  thuj  are 
necessary  to  the  art  of  oratory.  Spalding's  eipianation  is,  that  some 
knowledge  of  language,  or  Uie  art  of  oratory,  is  neceasaiy  to  the 
nDdentanding  and  teaching  of  the  arta  ;  matuematics,  for  iaatiinae, 
cannot  be  clearly  au4  ^ci«!lUy  tauglit  or  studied  without  th«  lud  ot 
Mrrect  laognage. 


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TS  Qunnnuir.  [b.  l 

names  ftod  interr&ls.  defend  an  accused  person,  or  direct  con- 
sultations, tlie  better  on  tfaat  account  ?  4.  They  maj  perhaps 
reckon,  slso,  many  speakers,  effectiTe  in  erety  way  in  the 
&rum,  wha  have  never  attended  a  geometrician,  and  who 
know  notliing  of  musicians  except  by  Uie  common  pleasure  of 
listening  to  them.  To  these  olraervers  I  answer  in  the  first 
■place  (what  Cicero  also  irequentlj  remarks  in  his  book  ad- 
dressed to  Brutus*),  that  it  is  not  such  an  orator  as  is  or  has 
/been,  that  is  to  be  formed  hy  ua,  but  that  we  have  conceived 
I  in  our  mind  an  idea  of  the  perfect  orator,  an  orator  deficient 
in  no  point  whatever.  5.  For  when  the  phikKophen  would 
form  their  inw  man,  who  is  to  be  perfect  in  every  respect, 
and,  as  thej  saj,  a  kind  of  mortal  god,  they  not  only  believe 
that  be  should  be  instructed,  in  a  genetal  knowledge  of  divine 
and  humui  things,  but  conduct  him  throi^h  a  coarse  of 
questions  which  are  certainly  little,  if  you  consider  them 
merely  in  themselves,  (as,  sometimes,  through  studied  subtleties 
of  aigument,)  not  because  questions  about  horn*  f  or  eroeodiiaX 
can'form  a  wise  man,  but  because  a  wise  man  ought  never  to 
be  in  error  even  in  the  least  matters.  6.  In  like  manner,  it 
is  not  the  geometrician,  or  the  musician,  or  the  other  studies 
which  I  efasll  add  to  theirs,  that  will  make  the  perfect  orator 
(who  ought  to  be  a  wise  man),  yet  these  accomplishments  will 
eontribute  to  bis  perfection.  We  see  an  antidote,  for  example, 
and  other  medicines  to  heal  diseases  and  wounds,  compounded 
of  many  and  soioerimes  opposite  ingredienta,  Irom  the  various 
qualities  of  which  results  that  single  compound,  which  resem- 
bles none  of  Uiem,§  yet  takes  its  peculiar  virtues  from  them 

*  Sae  the  Ontor  »A  M.  Brntum,  c.  1  and  29. 

■f-  CeriUma.'\  Sc.  qtuittiona,  coflima,  ambiatUtala.  PuiEling  que*- 
Uniu,  wbloU  wem  to  have  bad  their  name  Rom  the  folloiring  B7II0- 
siaiD  :  "  You  have  whst  joo  have  not  lost ;  but  you  have  not  lost 
bomi :  therefDre  70a  h&ve  homa"  See  Sen.  Ep.  Lib.  v.,  and  PoUtian, 
Hiaoell.  c.  64. 

X  OrocodiliTta.l  Named  from  the  following  qnation :  A  crocodile, 
having  wised  a  womaa'e  eoo,  aaid  that  he  would  reatore  him  to  her,  if 
■ha  would  tell  him  truth  ;  she  replied,  "  you  will  not  reatoie  him  ; " 
ouriit  tbe  CTOoo4ile  to  have  restarod  the  child  or  not ) 

f  Barum.}  There  ia  nothing  in  the  teit  to  which  this  word  a 

,       ■<,_.,>. Tee  that  AerMi  haa  been  loel  fro  _ 

tl  faonHA  ahoold  be  altered  into 


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CH.X.|  CDJCATIOK  OP  AW  OIUTUS.  19 

all:  7.  mQt«  insects,  too,  compose  the  exquisite  flavour  of 
faoney,  inimitable  b;  human  reason,  of  various  sorts  of  flowers 
and  juices  ;  and  shedl  «e  nonder  that  eloquence,  than  whiub 
ihe  providence  of  the  gods  has  given  nothing  more  excellent 
to  men,  requires  (he  ud  of  man;  arts,  which,  even  though  thej 
ma;  not  appear,  or  put  themselves  forward,  in  the  course  of  a 
speech,  yet  contribute  to  it  a  secret  power,  and  are  silentlj 
felt?  8.  "People  have  been  eloquent," 'some  one  ma;  saj, 
"without  these  arts ;"  but  1  want  a  perfect  orator.  "  They 
contribute  little  assistance,"  another  may  observe ;  but  that,  to 
which  even  little  shall  be  wanting,  will  not  be  a  whole ;  and 
it  will  be  agreed  that  perfection  is  a  whole,  of  which  though 
the  hope  may  be  on  a  distant  height  as  it  were,  yet  it  is  for  us 
to  suggest  eveiy  means  of  att&ining  it,  that  something  more,  at 
least,  nmy  thus  be  done.  But  why  should  our  courage  &il 
us  ?  Nature  does  not  forbid  the  formation  of  a  perfect  orator; 
and  it  is  disgraceful  to  despair  of  what  is  possible. 

fl.  For  myself,  I  could  be  quite  satisfied  with  the  judgment 
of  the  ancients ;  for  who  is  ignorant  that  music  (to  speak  of 
that  science  first)  enjojed,  in  the  days  of  antiquity,  so  much, 
not  only  of  cultivation,  bnt  of  reverence,  that  those  who  were 
musicians  were  deemed  also  prophets  and  sages,  as,  not  to 
mention  others,  Orpheus  and  Lmut,  both  of  whom  are  trans 
mitted  to  the  memoi;  of  poeteritj'  as  having  been  descended 
from  the  gods,  and  the  one,  because  he  soothed  the  rude  and 
barbarous  minds  of  men  by  the  wonderful  effect  of  his  strains, 
as  having  drawn,  after  him  not  only  wild  beasts,  but  even 
rocks  and  woods.  10,  Timagenes*  declares  that  music  was 
the  most  ancient  of  sciences  connected  with  literature ;  an 
opinion  to  which  the  most  celebrated  poets  give  their  support, 
according  to  whom  the  praises  of  gods  and  heroes  used  to  be 
sung  to  the  lyre  at  royal  banquets.  Does  not  Villi's  lopas, 
too,  sing  erratttem  tunam  splhqve  labores,  "  the  wandering 
moon,  and  labours  of  the  sun;"  tho  illustrious  poet  thus 
plainly  asserting  that  music  is  united  with  the  knowledge  of 

•  A  (Wend  of  Asiniua  PoUio,  mraiioned  also  x.  1,  M.  Ho  was 
disliked  b;  Auguelus  fur  his  fieedom  of  speech,  but  wia  diBtinguisbed 
for  hiB  merits  m  a  historiuL  See  L.  Seneoa  de  Ir^,  &  23  ;  M.  Beneci^ 
Controv.  uiiv. ;  uid  Voesiue.  who  bu  collected  many  paniciiUM 
«onceimDg  him,  de  Hiit  QrKo.  i.  24,    Ijpalding. 


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so  QtnNTaiur.  I**-  >■ 

divin«  diin^?  If  this  positioa  be  granted,  music  vill  be 
necfiSRary  also  for  the  orator ;  for,  as  I  observed,*  (Ms  part  of 
learning,  which,  after  being  neglected  by  orators,  has  been 
taken  up  by  the  philosophere,  was  a  portion  of  our  business, 
and,  wi^out  the  knowledge  of  such  subjects,  there  can  be  no 
perfect  eloquence. 

13.  Nor  can  any  one  doubt  that  men  eminently  renowned 
for  ivisdora  have  been  cultivators  of  music,  when  Fytbagoias, 
and  those  who  followed  him,  spread  abroad  the  notion,  which 
they  doubtless  received  from  antiquity,  that  the  world  itself 
was  constructed  in  conformity  with  the  laws  of  music,  which 
the  tyre  afterwards  imitated.  13.  Nor  were  they  content, 
moreover,  with  that  concord  of  discordant  elements,  which 
they  call  affMria,  "  harmony."  hut  attributed  even  sound  to 
the  celestial  motions ;  for  Plato,  not  only  in  certain  other 
passages,  but  especially  in  his  Timteus,  cannot  even  he  under- 
stood except  by  those  who  have  thoroughly  imbibed  the 
principles  of  this  port  of  learning.  What  shall  I  say.  too,  of 
the  philoaophers  in  general,  whose  founder.  Socrates  himself, 
was  not  ashamed,  even  in  his  old  age,  to  learn  to  play  on  the 
lyre?  Id.  It  is  related  that  the  greatest  generals  used  to 
play  on  the  harp  and  flute,  and  that  the  ttoofs  of  the  Laccdw 
monians  were  excited  with  musical  notes.  What  other  effect, 
indeed,  do  horns  and  trumpets  produce  in  our  legions,  since 
the  louder  is  the  concert  of  their  sounds,  so  much  greater  is 
the  glory  of  the  Romans  than  that  of  other  nations  in  war  ? 
15.  It  was  not  without  reason,  therefore,  that  Plato  thought 
music  necessary  for  a  man  who  would  be  qualified  for  engt^ng 
in  government,  and  whom  the  Greeks  call  ^o>jtix{(.  Even  the 
cjue&  of  that  sect  which  appears  to  some  extremely  austere, 
and  to  others  extremely  harsh,  were  inclined  to  think  that 
some  of  the  wise  m^ht  bestow  a  portion  of  their  attention  on 
this  study  Lycutgus,  also,  the  m^er  of  most  severe  laws 
for  the  Lacedeemonians,  approved  of  the  study  of  music.  1 8. 
Nature  herself,  indeed,  seems  to  have  given  music  to  us  as  a 
benefit,  to  enable  us  to  endui'e  labours  with  greater  &ci1ity: 
fi>r  musical  sounds  cheer  even  the  rower ;  and  it  is  not  only 
in  those  works,  in  which  ihe  efforts  of  many,  while  some 
pleasing  voice  leads  them,  conspire  together,  that  music  is  of 
aviul,  but  the  toil  even  of  people  at  work  by  themselves  finds 
*  Proasm.  Met.  14. 


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OH.X.j  BDDCATIOM   OF  AK   ORATOR.  PI 

itself  soothed  by  aoDg,  however  rude.*  17.  T  appear,  however, 
to  be  making  a  eulogy  on  this  finest  of  arts,  rather  than  con- 
necting it  with  the  orator.  Let  us  pass  lightly  over  the  fact, 
then,  th&t  grammar  and  musicf  were  once  united;  since 
Archytas  and  Aristoxenae,  indeed,  thought  grammar  compre- 
hended under  music  ;t  and  that  thej  themselves  were  teachers 
of  both  arte,  not  only  Sophran§  shows,  (a  writer,  it  is  true,  only 
of  mimes,  but  one  whom  Plato  so  highly  valued,  that  he  is  said 
to  have  had  his  books  under  his  head  when  he  was  dying.)  but 
also  Eupolis,  whose  Prodamus||  teaches  both  music  and  gram- 
mar, and  Maricas,  that  is  to  say,  Hyperbolus,  confesses  that 
he  knmei  nothing  of  tmmc  but  Ittten,  18.  Aristophanes, 
also,  in  more  than  one  of  his  comedies,^  shows  that  boys  were 
accustomed  to  be  tbus  instructed  in  times  of  old  :  and,  in  the 
Hypobolimffius**of  Menander,  an  old  man,  laying  before  a 
father,  who  is  claiming  a  son  ^m  him,  an  account  as  it  were 
of  the  expenses  that  he  had  bestowed  upon  his  education,  says 

*  Versa  aweetena  boil,  however  rude  th«  aauod ; 

All  at  her  wurk  tlie  village  moidea  lings ; 

Nor,  wbile  ehe  turna  the  giddy  wheel  oround, 

Revolves  tlie  sod  vicUgitudea  af  thiags. 

Repeated,  from  ■  forgotten  volume  of  poeme,  bj  Johnson  to  BoaweU. 

"Croonio'  to  a  hody'B  sel'," 
■aidBunia, 

"  Does  weal  eneiigh." 
t  The  audenta  regarded  chie£]7  the  origin  of  the  word  miincc  (from 
ftuuaatj,  beatowing  it  on  whatever  contributed  to  the  cultivation  of  the 
mind ;  as  gymMutiet  comprebeoded  all  that  formed  the  eierciae  of  the 
body.  These  departmonta  of  inatruotioo  for  youth  are,  however,  fre- 
quently mentioDfid,  aa  by  Xenophon  de  Republ.  Locedaiu.,  ypififiaro, 
lieveiii),  EQi  ri  la  iraXalnTp^.     Spaiding. 

i  Music  being  understood  in  the  sense  given  to  it  in  tJie  precediug 
note,  grammar  would  be  a  portion  of  it. 

S  On  Sopliroa,  see  Fabric.  Bibl  Or.  p.  493,  ed.  Hajles;  and  Smith's 
Biog.  and  MythoL  Dictionary. 

I|  Whether  Frodaraua  waa  the  name  of  a  comedy,  aa  Ueurnna 
thinlu,  may  be  doubted ;  he  was  perhapi  only  one  of  the  characters  ia 
■  dmna.  But  that  Maricas  waa  the  name  uf  a  comedy  of  Eupolis,  is 
well  agreed  among  authora.  There  ia  an  allusion  to  it  in  the  Clouils 
of  Aristophanes,  tbt.  653,  who  intimatea  that  the  play  was  written  to 
expoae  Hyberbolue,  a  pestilent  demagogue.     Spalding 

11  iVbn  uno  fi&ro.]  Spalding  coDJeoturea  loM,   That  it  is  the  diamatiat 
Aristophanes  who  ia  meant,  he  aays,  tliure  can  be  no  doubt ;  but  what 
writer  has  ever  applied  the  vrord  libtr  to  a  play  I 
■•  Tha  Suppositjtioua  Sou. 


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B9  QnurriUAN.  [r  l 

that  k»  kiu  paid  a  grtat  deal  to  muticimnt  and  geowttUr*. 
19.  Hence  too  it  was  coatomar;  at  banquets  that  tbe  \jn 
ahould  be  handed  roond  after  the  meal:  and  Themislooles, 
on  wmfeaaiug  that  he  knew  not  hon  to  pla;,  "  was  accounted," 
ta  use  ^e  words  of  Cicero,  "but  imperfecdy  educated." 
Among  the  Bonuins,  likewise,  it  waa  usnal  to  introduce  lyres 
and  flutes  at  feests.  The  verses  of  the  Salii  also  have  Uieir 
tune;  and  these  customs,  as  thej  were  all  established  by 
Numa,  prove  that  not  even  \>j  those,  who  seem  to  have  been 
rude  and  given  to  war,  vras  the  oultivatdon  of  music  n^lected, 
as  far  aa  that  age  admitted  it.  %V.  It  passed  at  length, 
indeed,  into  a  proverb  among  the  Gauls,  that  tha  uneducated 
had  no  commerce  either  tntA  the  Miuei  or  the  Qraeet. 
ru  44iwk  f  ^^'  ^"'  ^*'  ""  consider  what  peculiar  advantage  he  who  is 
J'  "^  I  to  be  an  orator  may  exjftect  from  music.  Music  has  two  kinds 
j    j1  I  of  measures,  the  one  in  the  »ound$  of  the  voice,"  the  other  in 

I  I  the  motiont  of  the  body ;  for  in  both  e.  certain  due  regulation 
lis  required.  Aristoxenas  the  musician  divides  all  that  belongs 
I  to  the  voice  into  hi/tii,  "  rhythm,"  and  /tif^t  '/i/tirge;  "  mo- 
I  lody  in  measure ;  of  which  the  one  consists  in  mudulation,  ■ 
I  the  other  in  ringing  and  tunes.t  Are  not  all  tbeiie|  qualjfi. 
I  cations,  then,  necessary  to  the  orator,  the  one  of  which  relatea 
to  gesture,  the  second  to  the  collocation  of  words,  and  the 
third  to  the  inflexions  of  the  voice,  which  in  speaking  are 
extremely  numerous?  23.  Such  is  undoubtedly  the  case, 
unless  we  suppose,  perchance,  that  a  regular  stmcture  and 
emooth  combination  of  words  is  requisite  only  in  poems  and 
songs,  and  is  superfluous  in  making  a  speech ;  or  that  com- 
position and  modulations  are  not  to  be  varied  in  speaking,  as 
in  music,  accordii^  to  the  nature  of  the  subjecL     34.  Music, 

.    -    .  „.-.-.  '   .*oli»n  h»rp, 

free  and  uame&auTOd  melody  ;  the  other,  the  melody  of  aaj  regular 

r  muido  that  he  luu  mentioned  linoe 
..  .  .  and  these  parts  are  three;  the  lileiit 

muaic  >if  graceful  motion,  the  muelo  of  well  omuiged  wordi,  ud 

g  Compoiilio  it  nmiH,]  Spalding  haeitates  at  the  word  comfotitio,  and 
would  willingly  eject  it  fruiD  the  text,  not  seeing  how  it  differ*  from 
mpuiuriu  iraiueil  lately  preceding.  ConipotUio,  however,  aeems  to  refer 
to  the  due  b-eodiag  of  Bonnda;  copiAuio  U  the  jonctiOD  of  words 
without  reference  to  tlieil  aouud^ 


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OH.Z.]  BSUCATtOM   OF  AH   OBATOB.  A3     , 

however,  bj  meana  of  the  tone  and  modulation  of  the  r<HC6.  / 
expresses  sublime  thoughts  with  grandeur,  pleasant  ones  with 
sweetness,  and  ordinarf  ones  with  calmness,  end  aympathisea 
in  its  whole  art  with  the  feelings  attendant  on  ^hat  is  ex- 
pressed. S5.  In  oratflty,  accordingly,  the  raising,  lowering,  or 
other  inflexion  of  the  voice,  tends  to  move  the  feelings  of  the 
hearers ;  and  we  try  to  excite  the  indignation  of  the  judges  in 
one  modulation  of  phrase*  and  voice,  (that  I  may  again  use 
the  same  term.t)  and  their  pit;  in  another;  for  we  see  that 
minds  are  affected  in  diSereot  ways  even  by  musical  instni 
ments,  though  no  words  cannot  be  uttered  by  them. 

S6.  A  graceful  and  becoming  motion  of  the  body,  also, 
which  the  Greeks  call  lipiS/iJii,  is  necessary,  and  cannot  be 
sought  from  any  other  art  than  music;  a  qualification  on 
which  uo  small  part  of  oratory  depends,  and  for  treating  on 
which  a  peculiar  portion  of  our  work  is  set  apartj  If  an 
orator  shall  pay  extreme  attention  to  his  voice,  what  is  so 
properly  the  business  of  mnaic?  But  neither  is  this  depart- 
ment of  my  work  to  be  anticipated ;  so  that  we  must  confine 
ourselves,  in  the  mean  time,  to  the  single  example  of  Caiua 
Oracchus,  tlie  most  eminent  orator  of  his  time,  behind  whom, 
when  he  spoke  in  public,  a  muedctan  used  to  stand,  and  to  give, 
widi  a  pitch-pipe,  which  the  Greeks  call  rmAgin,  the  .tones  in 
which  bis  voice  was  to  be  exerted.  28.  To  this  be  attended 
even  in  his  most  tiu'bulent  harangues,  both  when  he  frightened 
the  patricians,  and  after  he  began  to  fear  them. 

For  the  sake  of  the  leas  learned,  and  those,  as  they  say,  "  of 
a  duller  muse,"  I  would  wish  to  remove  all  doubt  of  the  utility 
of  music.  SO.  They  will  allow,  assuredly,  that  the  poets 
should  be  read  by  him  who  would  be  an  orator ;  hut  are  uiey,§ 
then,  to  be  read  without  a  knowledge  of  music?  If  any  one 
B  SO  blind  of  intellect,  'however,  as  to  hesitate  atwut  the  read- 
^  of  odier  poets,  he  will  doubtless  admit  that  those  should 

*  OoBoeationit.]  That  is,  eoltiKatimU  vtrionum,  phmseology  or  atyliL 

t  Whether  by  "  same  teria "  he  meaas  voice  or  modutation  it  ia  not 
MWy  to  decide  ;  bub  I  think  Toaiidalvyn.     .^laidmg. 

t  Book  iL  c  S.  Aa  he  is  to  treat  fully  OD  the  gubject  there,  he  will 
not  antidpaba  here.  ' 

9  The  student  will  obaerte  that  the  U  and  illot  in  the  text  are  to  b* 
ematrasd  thua  :  nwn  igitur  hi  tint  miuice  legendi  1  »nd  ilio$  certi  con. 
DMierH   Itgeitdot,   &.B.      SpiJdlng   proposes  alterationB,    but    withom 
oacaanty.    By  Mutic  is  meant  a  knowledge  of  metn  uid  melody. 
O   -4 

D,j„..;uL,  Cookie 


84  QTIINTILIAH.  [ftL 

bo  tead  who  have  writtea  poems  for  the  lyrs.  30.  On  thest 
mattera  I  should  bave  to  enlarge  more  fully,  if  I  recommended 
this  as  a  new  study ;  but  since  it  bas  been  perpetuated  from 
the  meet  ancient  times,  even  from  tbose  of  Chiron  and  Acbillee 
le  our  own,  (among  all,  at  least,  who  have  not  been  averse  to  a 
regular  course  of  mental  discipline,)  I  must  not  proceed  to 
make  the  point  doubtful  b;  anxiety  to  defend  iL  31.  Thougli 
I  consider  it  sufBciendy  apparent,  however,  from  the  very 
examples  which  I  have  now  given,  what  music  pleases  me, 
and  to  what  extent,  yet  I  think  that  I  ought  to  declare  more 
KprcBsly,  that  that  sort  of  music  is  not  recommended  by  me, 
which,  prevailing  at  present  in  tlie  theatres,  and  being  of  an 
effeminate  character,  languishing  with  lascivious  notes,  bas  iQ 
a  great  degree  destroyed  whatever  numliness  was  left  among 
US  ;  but  tbose  strains  in  which  the  praises  of  heroes  were  sung, 
and  which  heroes  themselves  sung ;  not  the  sounds  of  psal- 
teries and  languishing  lutes,*  which  ought  to  be  shunned  even 
by  modest  females,  but  the  knowledge  of  the  principles  of  the 
art,  which  is  of  the  highest  efficacy  in  exciting  and  allaying  the 
passions.  32.  For  Pythagoras,  as  we  have  heard,  calmed  a 
party  of  young  men,  when  ni^ed  by  their  passions  to  offer 
violence  to  a  respectable  family,  by  requesting  the  female 
musician,  wiio  was  playing  to  them,  to  change  ber  strain  to  a 
spondaiif  measure  ;t  and  Ghrysippus  assigns  a  peculiar  tune 
for  the  lullabylt  of  nuraes,  which  is  used  with  children.  33. 
There  is  also  a  subject  for  declamation  in  the  schools,  not 
unartfully  invented,  in  which  it  is  supposed  that  a  flute-p]ayer,S 
who  had  played  a  Phrygian]]  tune  to  a  prieiit  while  he  was  aacri- 

*  Ptalteria — tpadieiu.'\  He  meuu,  if  I  (m  not  mistaken,  ioBtrumenta 
•f  on  BitTBmely  effeminate  chiracter,  rendered  ao  by  the  eitr»ordiniii7 
number  of  strings.  Spalding.  Of  thej/tafJurnotliiDg  ie  known  but  thai 
it  was  a,  striDsed  instninient,  ntuaed,  probably,  from  the  wood  l,$padix, 
A  paisi-irantk)  of  wliich  it  wus  made,  Pollux  iv.  fi9.    Aul,  QeU.  iii.  9. 

J  Which  was  more  grave  and  eolemu. 
AUeiXaiiimi.']  We  can  hardly  think  this  word  genuine.    Hemster- 
hastUB   coiijeetui«d  lalUuitmi,    from  tallart,   "to  sing  luUaby."      See 
Spalding^s  notefl. 

§  Ptmilur  fiSicen — accviarij]  Spalding  very  justly  observes  that  the 
eonBtruetion,  and  the  general  uaaga  of  the  verb  jwno  with  refcroaoa  to 
■nbjecte  of  declamation,  require  tidicinem  ;  unless  aeauari  be  altered 
ta  ocduofuj,  which  would  be  on  tbe  wliole  a  lesa  eligible  emendation. 

i  Hon  eiciting  the  I'hrygian  measure  was  ma;  be  «een  in  J:<ia- 
bUchiu's  Life  of  Fytbagatas,  c  S^  It  was  first  used  in  the  enthuiia^.tie 


D,j„..;uL,  Cookie 


tJH  1.]  EDDCATION   OF  AS  ORATOR.  8B 

&amg,  is  accused,  after  the  priest  has  been  driven  to  madness, 
and  has  thrown  himself  over  a  precipice,  of  having  been  the 
cause  of  his  death ;  and  if  such  causes  have  to  be  pleaded  bj 
an  orator,  and  cannot  be  pleaded  without  a  knowledge  of 
music,  how  can  even  the  most  prqudiced  forbear  to  admit  that 
this  art  is  necessary  to  our  profession  ?  "1 

84.  As  to  geometry,  people  admit  that  some  attention  to  it  is 
of  advantage  in  tender  j^ears ;  for  they  allow  that  the  thinking  V*     ' 
powers  are  eicited,  and  the  intellect  sharpened  by  it, and  that        p^' 
a  quickness  of  [jercepdon  is  thence  produced ;  but  they  fancy  "  ''     j, 
that  it  is  not,  like  other  sciences,  profitable  after  it  has  been  ,  <,  "f^      • 
acquired,  but  only  whilst  it  is  being  "studied.     3S.  Such  is  the     ,  ,  ,- 
common  opinion  respecting  it.     But  it  is  not  without  reason 
that  the  greatest  men  have  bestowed  extreme  attention  on  this  '' 

science ;  for  as  geometiy  is  divided  between  numbere  and 
figures,  the  knowledge  of  nwmhen,  assuredly,  is  necessary  not 
only  to  an  oral^r,  bnt  to  every  one  who  has  been  initiated  even 
in  the  rudiments  of  learning.     In  pleading  causes,  it  is  very]  /     ^i,.'l(i 
often  ia  request ;  when  the  speaker,  if  be  hesitates,  I  do  not  sayl 
about  the  amount  of  a  calculation,  but  if  he  even  betray,  bn    ^ 
any  uncertain  or  awkward  movement  of  bis  fingers,  a  want  oi^  j  ,/'*'* 
confidence  in  his  calculations,  is  thought  to  be  but  imperfectH  '  '  > 
accomplished  in  his  art.     36.   The  knowledge  of  linear Ji^rt^ 
too,  is  frequently  required  in  causes ;  for  lawsuits  occur  con4 
cemii^  boundaries  and  measures.     But  geomett^  has  a  still) 
greater  connexion  with  the  art  of  oratory. 

37.  Order,  in  the  first  place,  is  necessary  in  geometry ;  and 
is  it  not  also  necessary  in  eloquence  ?  Geoinetiy  proves  what 
follows  from  what  precedes,  what  is  unknown  from  what  is 
known ;  imd  do  we  not  draw  similar  conclusions  in  speaking  ? 
Does  not  the  well  known  mode  of  deduction  from  a  number 
of  proposed  questions  consist  almost  wholly  in  syllogisms? 
Accordingly  you  may  find  more  persons  to  say  that  geometry 
is  allied  10  logic,  than  that  it  is  allied  to  rhetoric.  36.  But  \ 
even  an  orator,  though  rarely,  will  yet  at  times  prove  logically, 
for  he  will  use  syllogisms  if  his  subject  shall  require  them,  and 
will  of  necessity  use  the  enthymem,  which  is  a  rhetoricd 
Byll(^isu,     Besides,  of  alt  proofs,  the  strongest  are  what  are 

norod  osremonies  of  the  Phrfgiaa  or  Berscjntliiaii  motber.  Laotaa 
in  his   HarmoQideB,  near  the   begiuning.  mentioiu   rA  IvQunf,  "tiu 

divine  finy,"  ot  tlia  Phrmiaa  melodj.    S^miding. 

D,j„..;uL,  Coptic 


M  qctNTiLiAy.  [b.1. 

cftlled  geometrical  demonstrations;*   and  what  does  oratot7 
make  its  object  more  indUputabl;  tbaa  proof? 

Geometry  oft^a,  moreover,  hj  deroonatration.  proves  what  b 
apparently  true  to  be  false.  This  is  also  done  with  respect  (o 
numbers,  by  means  of  certain  figures  which  they  call  -^ttudp- 
■/fftf!ai,f  and  at  which  we  were  accustomed  to  play  when  wo 
were  boys.  But  there  are  other  questions  of  a  higher  nature. 
For  who  would  not  believe  the  asserter  of  the  following  pro 
position:  "Of  whatever  places  the  huundarj-  lines  measure 
the  same  length,  of  tlioae  places  the  areas  also,  which  are 
contained  by  those  lines,  must  necessarily  be  equal?"  40.  But 
this  proposition  is  fallacious ;  for  it  niaiies  a  vnst  difference 
what  figure  the  boundaiy  lines  may  form  ;  and  historiauM.  who 
hiive  thought  that  the  dimensions  of  islands  are  suffioiently 
indicated  by  the  space  traversed  in  sailing  round  tliem,  have 
been  justly  censured  by  geometricians.}  41.  i''or  the  ue^arer 
to  perfection  any  figure  is,  the  greater  is  its  capacity ;  and  if 
the  boundary  line,  accordingly,  shall  form  a  circle,  which  of  all 
plane  figures  is  the  most  perfect,  it  will  embrace  a  lai^er  area 
than  if  it  shall  form  a  square  of  equal  circumference.  Squares, 
again,  contain  more  than  triangles  of  equal  circuit,  and  trian- 
gles themselves  contain  more  when  their  sides  are  equal  than 
when  they  are  unequal.  43.  Some  other  examples  may  per- 
haps he  too  obscure;  let  us  take  an  instance  most  easy  of 
comprehension  even  to  the  ignorant.  There  is  scarcely  any 
man  who  does  not  know  that  the  dimensions  of  an  acre  extend 
two  hundred  and  forty  feet  in  length,  and  the  half  of  that 
number  in  breadth ;  and  what  its  circumference  is,  and  how 
much  ground  it  contains,  it  is  easy  to  calculate.  43.  A  figure 
of  a  hundred  and  eighty  feet  on  esch  side,  however,  has  the 
same  periphery,  but  a  much  larger  area  contained  within  its 
four  sides.  If  any  one  tliinks  it  too  much  trouble  to  make  the 
calculation,  he  may  learn  the  same  truth  by  means  of  smaller 
■lumbers.  Ten  feet  on  each  side  of  a  square,  will  give  forty 
fi>r  the  circumference,  and  a  hundred  for  the  area;  hut  if 

'Or  *  linesr  demooEtntiaiiB.''     Compan  v.  10,  7. 

f  (U  theee  no  eiunple  is  to  be  found. 

X  "Of  Buch  censure,"  saj-B  Spalding,  "  I  End  no  instance  among  ths 
Buthorg  of  antiquity,  tbougb  Fithceug.  in  hie  note  on  this  pussage,  say* 
ttwt  PolybiuB  and  Thuoydidea  were  blamed  on  that  account  by  ftwilui 
In  his  commentiLry  an  Euolid's  Elementa."  He  odds  tbat  ha  has 
■MTcb«d  in  the  junaga)  htdioated  by  Fitbteiia,  to  Qo  purpose. 


D,j„..;uL,  Cookie 


•JU.  X.J  EDUCATIOK   OF  AK  ORATOK.  87 

there  were  fifteen  feet  ou  each  side,  and  five  at  each  end,  thay 
vould,  with  the  same  circviit,  deduct  a  fourth  part  from  iha 
area  inclosed.  44.  If,  again,  nineteen  feet  be  exteoded  in 
parallel  tines,  only  one  foot  apart,  they  will  contain  no  more 
squares  tiisa  those  along  wbiuh  the  ptu^lets  shall  be  drawn ; 
and  yet  the  periphery  will  be  of  the  same  extent  as  that  nhich 
incloses  a  hundred.  Thus  the  further  you  depart  from  the 
form  of  a  eqoare,  the  greater  will  be  the  loss  to  the  area.  4S. 
It  may  therefore  happen  even  that  a  smaller  area  may  be 
inclosed  by  a  greater  jwripheiy  than  a  larger  one.*  Such  is 
th«  caoe  in  plane  figures;  for  on  bills,  and  in  valleys,  it  is 
evident  even  to  the  antaught  that  there  is  more  ground  than 
sky.t 

46.  Need  I  add  that  geometty  raises  itself  still  higher,  so  as 
even  to  ascertain  the  system  of  the  world?  When  it  demon-  '^ 
straies,  by  calculations,  the  r^ular  and  appointed  movements  y 
of  the  celestial  bodies,  we  learn  that,  in  that  avstem.  there  is  / 
nothing  unordained  or  fortuitous;  a  branch  of  knowledge 
which  may  be  sometimes  of  use  to  the  orator.  47.  When 
Pericles  freed  the  Athenians  from  fear,  at  the  time  that  they 
were  alarmed  by  an  ecli{ise  of  the  sun,  by  eipluuing  to  them  ^' 
the  causes  of  the  phenomenon ;  or  when  Sulpidue  Gsllus,  in 
the  army  of  Paulus  .£milius,  made  a  speech  on  an  eclipse  of 
the  moon,  that  the  minds  of  the  soldiers  might  not  be  terri- 
fied as  by  a  supernatural  prodigy,  do  they  not,  respectively, 
appear  to  have  discharged  the  duty  of  an  orator?  48.  Had 
Nicias  been  possessed  of  such  knowledge  in  Sicily,  he  would 
not  have  been  confounded  with  similar  terror,  and  have  given 
over  to  destruction  the  finest  of  the  Athenian  armies  ;  as  Dion, 
we  know,  when  he  went  to  overthrow  the  tyranny  of  Diony- 
sins,  was  not  deterred  by  a  similar  phfenomenun.  49.  Tbough 
the  utility  of  geometry  in  war,  however,  be  put  out  of  the 
question,  though  we  do  not  dwell  upon  the  &ct  that  Archime- 
des alone  protracted  the  siege  of  Syracuse  to  a  great  extent, 
it  is  suf6«»ent,  assuredly,  to  establish  what  I  assert,  that 
Dnmbers  of  questions,  which  it  is  difficult  to  solve  by  any  other 

*  Thai  >right4Tig1ed  triangle,  whoH  bnaa  ii  8  feet.  perpMidioilUr  8 
tMt,  and  hypotaniiae  10  feet,  will  oontMU  H  iquara  feet  wltJiia  ■ 
periphery  of  24  feet ;  while  a.  pamllelngraiD  12  het  long,  uid  1  finA 
broad,  will  eoatum  odIj  13  equBie  feet  within  a  periphery  of  -JS  f«eL 

+  Suppueing  the  ak;  to  be  a  flat  surTuce. 


D,j„.„^L,  Cookie 


W  QriNTIUAV.  [R  I. 

mntbod,  as  those  about  the  mode  of  dividing,  about  division  to 
intinitj,  and  about  the  rate  of  progressions,  are  accustomed  to 
bo  solved  bj  those  geometrical  demonslrations ;  so  that  if  an 
orator  has  to  speak  (as  the  next  book'  will  shoir)  on  all  sub- 
jecU,  no  man,  assuredly,  can  become  a  perfect  oratot  without 
a  knowledge  of  geometiy. 


CHAPTER  XL 


Inltructioii  to  he  reoe!T«<1  tima  the  aotor,  t  1 — S.  Be  tlionid 
correct  fHulta  of  proDundntjon,  t — 8.  E«  ahoDld  glv*  direotiona 
lu  to  luok  nnd  gesture,  9 — 11.  Fwaagei  from  puyi  sheuld  be 
recited  by.  the  pupil,  12,  13.  Passagea  bIso  from  ipeechEa,  14. 
Eierdaea  of  the  palteBtn  to  be  prkcttsed,  IS— 19. 

I.  Sous  time  is  also  to  be  devoted  to  the  actor.f  but  onlj 
so  far  as  the  future  orator  requires  the  art  of  delivery ;  for  I  do 
not  wish  the  boj,  whom  I  educate  for  this  pursuit,  either  to  be 
broken  to  the  shrillness  of  a  woman's  voice,  or  to  repeat  the 
tremulous  tones  of  an  old  man's.  3.  Neither  let  him  imitate 
the  vices  of  the  drunkard,  nor  adapt  himself  to  the  baseness 
of  the  slave  ;  nor  let  him  learn  to  display  the  feelings  of  love, 
or  avarice,' or  fear;  acquirements  which  are  not  at  all  neces- 
sary to  the  orator,  and  which  corrupt  the  mind,  especially 
while  it  is  yet  tender  and  uninformed  in  early  youth ;  for 
frequent  imitation  settles  into  habit.  It  is  not  even  every 
(jeHture  or  motion  that  is  to  be  adopted  from  the  actor;  ^ 

'it  to  regulate  both   to  a.  rprtJiin  rli^qi-pp, 

appearn  1  g  Tri'  S"  fheatrical  ch  aracter,  auij_ 
-■^ -'.vacant   eltEer'in'Iirs'^Toob.  or  ^)riB 
if  there  is  any 
IFiese  "pBtnTSTthe  first  object  of  it 
should  be  that  it  may  not  appear  to  be  art. 

•  C1l21. 

f  Comadt,']  Properly  &  comio  sotor ;  but  I  have  tlioiight  it  luffldeot 
to  traDsUte  it  by  "  Bclor*  aimpljr.  "The  comio  aotors,"  obBerres 
TumebuB,  "  were  eminently  ski]l^  in  the  geBtnreg  requiiite  for  good 
delivery." 

I  fxcurttoniii't.l  By  OKWiio  Quintilian  meana  procimio,  or  "step- 
ping forward,"  in  which  the  orator  ought  to  indulge  but  e^dom,  and 
onlir  for  a,  moment,  that  he  may  not  appear  dttctirrtTi,  "  to  run  up  and 
down."     Tv,TJiAat. 


D,j„..;^L,  Cookie 


Hi 


CB.XI.]  EDUCATION  OF  AN   OXATOR. 

4,  Wbat  is  then  the  duty  of  the  teacher  as  to  these  particU' 
lai's?  Z^t  him.  in  the  first  place,  correct  faulis  of  pronuncia- 
tion, if  there  be  any,  so  that  the  worda  of  the  learner  may  b 
fully  expressed,  and  that  every  letter  may  be  uttered  with  il 
proper  aound.  For  we  find  inconvenience  from  the  two  great 
weakness  or  too  great  fulnexs  of  the  sound  of  some  letters ; 
Honae,  as  if  too  harsh  for  us,  we  utter  but  imperfectly,  or 
change  them  for  others,  not  altogether  dissimilar,  but.  aa  it  were, 
emoother.  5.  Thus  X  takes  the  place  of  g,  in  which  even  / 
Demosthenes  found  difficulty,  (die  nature  of  both  which  letters  | 
is  the  same  also  with  us.)  and  when  c,  and  similarly  g,  are  \ 
wanting  in  full  force,  they  are  softened  down  into  t  and  d.*  j 
ft.  Those  niceties  about  the  letter  »,-|;  such  a  mnster  will  not 
even  tolerate ;  nor  vii\  he  allow  bis  pupil's  words  to  sound  in 
his  throat,  or  to  rumble  as  from  emptiness  of  the  mouth  ;  nor 
will  he  (wbat  is  utterly  at  variamie  with  purity  of  speaking) 
permit  him  to  overlay  the  simple  sound  of  a  word  with  a.  fuller 
sort  of  pronunciation,  which  the  Greeks  call  nara-nvXatt^iyot : 
-I  term  by  which  the  sound  of  flutes  is  also  designated,  when, 
after  the  holes  are  stopped  through  which  they  sound  the  shrill 
notes,  tbey  give  forih  a  bass  sound  through  the  direct  outlet 

8.  The  teacher  will  be  cautious,  likewise,  that  concluding  I 
syllables  be  not  lost ;  that  his  pupil's  speech  be  all  of  a  similar  I 
.'liaiacter;  that  whenever  be  bos  to  raise  bis  voice,  the  effort  may 
■be  that  of  his  lungs,  and  not  oftiis  head  ;  that  his  gesture  may 
be  suited  to  his  voice,  and  his  IMkS  iSTiis  gesture.  9.  He  will 
have  to  take  care,  also,  that  the  face  of  his  pupil,  while  speaking, 
look  straight  forward ;  that  his  lips  be  not  dif^torted ;  that  no| 
opening  of  the  mouth  immoderately  distend  his  jaws;  that) 

"  Afl  in  the  imperfect  pronimeiation  of  oliildren,  who,  ioatead  of 
cars,  would  uy  liira,  tiiBt«Bii  of  Galba,  Daiha,  Tht«  eofteaing  <£  ex- 
preiBion  ir  ridiculed  hy  Lucion  in  his  .li'sq  ^uivifttTw.     Spaldiitg. 

+  I  freely  oonfeaa  mvuHf  igoomnt  what  tboao  niceties  were,  h  I 
have  foiiad  no  passage  nniong  the  aucienta  in  wl>ich  thej  nre  noticed. 
There  ia  a  quotation  from  .liUuB  DionysiuB,  however,  wWch  Bemater- 
bufiui  hi  LuciaD.  Jiidic.  Vocnlium  adduces  from  Eiiatathius  ad  IL  K. 
p.  813:  ",j:iiuaDionjaiiia  aaye."  renmrkB  Euatatbius,  "that  Periclea 
waa  reported  to  have  dlaliled  the  configumtion  of  the  month  in  pro- 
noiincing  the  letter  eigroa,  aa  widening  it  urgracBfuIlv,  and  to  have 
exerdsed  himaetf  in  uttering  it  before  a  looking-gUu."  By  th« 
"  nicettea,'  therefore,  mny  be  meant  an  aSected  auppreasion  of  the  hiu 
in  prononndng  the  letter.     Spalding. 


D,j„.„^L,  Cookie 


00  QUINTILTAN.  [B.  I, 

hh  fiice  be  not  turned  up,  or  his  eyes  cast  down  too  much, 
or  his  head  iucliued  to  eitiier  side.  10.  The  bee  offends  in 
various  ways;  I  have  seen  many  speakers,  whose  eye-brows 
were  raised  at  eretj  effort  of  the  voice ;  those  of  others  1  have 
seen  oontnct«d  ;  and  those  of  some  even  disagreeing,  as  they 
turned  up  one  towards  the  top  of  th«  head,  while  with  the 
other  the  eye  itself  was  almost  concealed.  To  all  these  mat- 
ters, as  we  shall  hereafter  show,  a  vast  deal  of  importance  is 
to  be  attached  ;  for  nothing  can  please  which  is  nnbecoming. 

13.  The  actor  will  also  be  required  to  teach  bow  a  nanutive 
should  be  delivered  ;  with  what  authority  persuasion  should  be 
enforced;  with  what  force  anger  may  show  itnelf;  and  what 
tone  of  voice  is  adapted  to  excite  pity.  This  instruction  he  will 
give  with  the  best  effect,  if  he  select  particular  passages  from 
plays,  such  as  are  most  adapted  for  this  object,  that  is,  such  as 
most  resemble  pleadings.  13.  The  repetition  of  these  passages 
will  not  only  be  most  beneficial  to  pronunciatbn,  but  also 
highly  efficient  in  fostering  eloquence.  14.  Such  may  be  the 
pupil's  studies  while  immaturity  of  ^e  will  not  admit  of  any- 
tbiug  higher ;  but,  as  soon  as  it  shall  be  proper  for  him  to 
read  orations,  and  when  he  shall  he  able  to  perceive  their 
beauties,  then,  I  would  say,  let  some  attentive  and  skilful  tutor 
attend  him,  who  may  not  only  form  his  style  by  reading,  but 
oblige  him  to  learn  select  portions  of  speeches  by  heart, 
and  to  deliver  them  standing,  with  a  loud  voice,  and  exactly  as 
he  will  have  to  plead ;  so  that  be  may  consequently  exercise 
by  pronunciation  both  his  voice  and  memoty. 

16.  Nor  do  I  thiuk  lliat  those  orators  are  to  be  blamed  who 
have  devoted  some  time  even  to  the  masters  in  the  paltestra. 

1  do  not  speak  of  those  by  whom  part  of  life  is  speut  among 
oil,  and  the  rest  over  wine,  and  who  have  oppressed  the  powers 
of  the  mind  by  excessive  atteution  to  the  body;  (sueh  characters 
1  should  wish  to  be  as  far  off  as  possible  from  the  pupil  that  I 
am  training;)  18.  but  the  same  name*  is  given  to  those  by 
whom  gesture  and  motion  are  formed ;  so  that  the  arms  may 
be  properly  extended ;  that  the  action  of  the  hands  may  not 
be  ungraceful  or  unseemly  ;  that  the  attitude  may  not  be  un- 
becoming ;  that  there  may  be  no  awkwardness  in  advancing 
the  feet ;  and  that  the  head  and  eyes  may  not  be  at  variance 

., ^f  polanfriri.  palmtn 

u  Spalding  obaerveB,  ol 


D,j„..;uL,  Cookie 


en  XII.]  ED0CATIOB   OF  AM  OIUTOR.  91 

with  the  turn  of  the  rest  of  the  body.  1 7.  For  no  one  will  deaj 
that  all  such  particuUrs  larm  a  part  of  delivery,  or  will  aepa- 
Tats  delivery  itself  from  oratory ;  and,  assuredly,  the  orator 
muit  not  disdain  to  learn  nlut  be  most  practise,  especially 
when  this  ehiranomia,  which  is,  as  is  expressed  hy  the  word 
itselt  the  iaw  of  getture,  had  its  origin  even  in  the  heroio 
ages,  and  was  approved  by  the  most  eminent  men  of  Greece, 
«ven  by  Socrates  himself:  it  was  also  regarded  by  Plato  as  a 
part  of  the  qualifications  of  a  public  man.  and  was  not  omitted  by 
Chrysippus  in  the  directions  which  he  wrote  concerning  the  edu- 
cation of  children.  18.  The  Lacedasmonians,  we  have  heard, 
had,  among  their  exerciaes,  a  certain  kind  of  dance,  as  con- 
tributing to  qoalify  men  for  war.  Nor  was  dancing  thought  a 
disgrace  to  the  ancient  Romans ;  as  the  dance  which  continues 
to  the  present  day,  under  the  sanction  and  in  the  religions  ritea 
of  the  priests,  is  a  proof;  as  is  also  the  remark  of  Crassus 
in  the  third  book  of  Cicero  de  Oralore,  where  he  recommends 
that  an  orator  thotild  adopt  a  bold  and  manlg  action  of  bodg,  not 
learned  front  the  theatre  and  the  player,  but  from  the  eamp,  or 
even  front  the  palaitra ;  the  olffiervation  <rf  which  discipline 
has  descended  without  censure  even  to  our  ijme.  19.  By  me, 
however,  it  will  not  be  continued  beyond  the  years  of  boyhood, 
nor  in  them  long ;  for  I  do  not  wish  the  gesture  of  an  orator 
to  be  formed  to  resemble  that  of  a  dancer,  but  I  would  have 
some  infiueuce  from  such  juvenile  exercises  left,  so  that  the 
gracefuluess  communicated  to  us  while  we  were  learning  may 
secretly  attend  us  wheu  we  are  not  thinking  of  oui  move* 


CHAPTER  XII. 


So  tfr  to  b«  eiit«rtlJtied  leat  boji  ihoiild  be  engaged  in  too  many 
■tadiea,  if  Judgment  be  ueed  ;  euuaplea  of  the  number  of  thingi 
towhidi  the  litinun  mind  can  ittnndkt  once,  %  1 — T.  Bojg  eadure 
■tudf  with  ^iiitond  patibiica,  !t— 11.     Abuadanca  of  time  far  all       i 
necBUaij  aoquiremento,   12 — IS.     Unnuoiuble  pretext!  for  not    J 
punning  atndy,  10 — 19, 

1.  It  is  a  common  question  whether,  suppoung  all  these 
things  are  to  be  learned,  they  can  all  be  tau^t  and  acquired  ^ 
at  the  same  time ;  for  some  deny  that  this  is  possible,  as  the 


D,j„.„_,  Cookie 


K  QUimtUAlf.  [b  I 

mind  must  be  confused  and  wearied  b;  so  man;  studies  of 
ditferent  tendency  for  which  neither  the  nndersUnding,  noi 
the  body,  nor  time  itself,  can  suffice  ;  and  even  though  m&tare 
age  may  endure  soch  labour,  yet  that  of  childhood  ought  not 
to  b«  thus  burdened. 
s^  S.  But  these  reasoners  do  not  understand  bow  great  the 

V  power  of  the  buman  mind  is ;  that  mind  which  is  so  busy  and 
active,  and  which  directs  its  attention,  so  to  speak,  to  every 
quarter,  so  thatitcannotevenconfineitsetf  to  do  only  one  thing, 
>  but  bestows  its  force  upon  several,  not  merely  in  the  same  day, 
but  at  the  same  momeuL  3.  Do  not  players  on  the  harp,  for 
example,  exert  their  memory,  and  attend  to  the  sound  of  their 
voice,  and  the  various  inflexions  of  it,  white,  at  the  same  time, 
they  strike  part  of  the  strings  with  their  right  hand,  and  pull, 
atop,  or  let  loose  others  with  their  left,  while  not  even 
their  foot  is  idle,  but  beats  time  to  their  playing,  all  these 
acta  being  doue  simultaneously  ?  i.  Do  not  we  advocates,  when 
surprised  by  a  sudden  necessity  to  plead,  say  one  thing  while 
we  are  thinking  of  what  is  to  follow,  and  while,  at  the  very 
same  moment,  the  inveution  of  arguments,  the  choice  of 
words,  the  arrangement  of  matter,  gesture,  delivery,  look,  and 
attitude,  are  necessarily  objects  of  our  attention  ?  If  all  these 
considerations,  of  so  varied  a  nature,  are  forced,  as  by  a  single 
effort,  before  our  mental  vision,  why  may  we  not  divide  the 
hours  of  the  day  among  different  kinds  of  study,  especially  as 
variety  itself  refreshes  and  recruits  the  mind,  while,  on  the 
contrary,  nothing  is  more  annoying  than  to  continue  at  one 
uniform  labour  ?  Accordingly  writing  is  relieved  by  reading, 
and  the  tedium  of  reading  itself  is  relieved  by  changes  of 
subject,  i.  However  many  tilings  we  may  have  done,  we 
are  yet  to  a  certain  degree  fresh  for  that  which  we  are  going 
to  begin.  Who,  on  the  contrary,  would  not  be  stupified,  if  he 
were  to  listen  to  the  same  teacher  of  any  arc,  whatever  it 
might  be,  through  the  whole  day?  But  by  change  a  jierson 
will  be  recruited;  as  is  the  case  with  respect  to  food,  by 
varieties  of  which  the  stomach  is  re-invigoraiod,  and  is  fed 
with  several  sorts  less  unsatisfactorily  than  with  one.  Or  let 
those  otjeclors  tell  me  what  other  mode  there  is  of  learning. 
Ought  we  to  attend  to  the  teacher  of  grammar  only,  and  then 
to  the  tea(;her  of  geometry  only,  and  cease  to  tbiiik,  daring  th* 
Mcuud  course,  of  what  we  learned  in  the  first?     Should  we 


D,j„..;^L,  Cookie 


OH.  xil]  bduoat:os  of  ax  oiutob,  OS 

then  transfer  ouraelves  to  Ute  mnsician,  our  previona  studie* 
being  still  allowed  to  escape  us  ?  Or  while  we  are  studying 
Latin,  ought  we  to  pay  no  attention  to  Greek  ?  Or,  to  make 
an  end  of  m;  questions  at  once,  ought  we  to  do  nothing  but 
what  comes  last  before  us?  7.  Why,  then,  do  we  not  giva 
eimilar  counsel  tiD  husbandmen,  that  they  should  not  cultivate 
at  the  same  time  their  fields  and  their  vineyards,  their  olives 
and  otber  trees,  and  that  they  should  not  bestow  attention  at 
once  on  their  meadows,  tbeir  cattle,  their  gardens,  and  their 
bee-hives  ?  Why  do  we  ourselves  devote  some  portion  of  oar 
time  to  our  public  business,  some  to  the  wants  of  our  friends, 
some  to  our  domestic  accounts,  some  to  the  care  of  our  persons, 
and  some  to  our  pleasures,  any  one  of  which  occupations  would 
weary  us,  if  we  pursued  it  wilLout  intermission  ?  So  much 
more  easy  is  it  to  do  many  things  one  after  the  other,  Uian  to 
do  one  thing  for  a  long  time. 

8.  That  boys  will  be  unable  to  bear  the  fotigue  of  many  i 
studies,  is  by  no  means  to  be  apprehended ;  for  no  age  suffers 
less  from  fiitigue.  This  may  perhaps  sppear  strange ;  but  we 
may  prove  it  by  experience.  9.  Fur  minds,  before  they  are 
hardened,  are-  more  ready  to  learn ;  as  is  proved  by  the  fact 
that  children,  within  two  years  after  they  can  fairly  pronounce 
words,  speak  almost  the  whole  language,  tfaoi^h  no  one  incites 
them  to  learn ;  but  for  how  many  years  does  the  Latin  tongue 
resist  the  efforts  of  our  purchased  slaves  1  Yon  may  well 
understand,  if  you  attempt  to  teach  a  grown  up  person  to  read, 
that  those  who  do  everything  in  their  own  art  with  excellence, 
are  not  without  reason  called  nuJo/ucMi,  that  is,  "  instructed 
from  boyhood."  10.  The  temper  of  boys  b  better  able  to  bear 
labour  than  that  of  men ;  for,  as  neither  the  falls  of  children, 
with  which  they  are  so  often  thrown  on  the  ground,  nor  their 
isawliag  on  hands  and  knees,  nor,  soon  after,  constant  play. 
and  running  all  day  hither  and  thither,  inconvenience  their 
bodies  so  much  as  those  of  adults,  because  they  are  of  little 
weight,  and  no  burden  to  themselves,  so  their  minds  like- 
wise, I  conceive,  suffer  less  from  fatigue,  because  they  exert 
themselves  with  less  effort,  and  do  not  apply  to  study  by 
putting  any  force  upon  themselves,  but  merely  yield  them- 
selves to  others  to  be  formed.  11.  Moreover,  in  addition  to 
the  other  pliancy  of  that  age,  they  follow  their  teachers,  as  it 
were,  with  grealor  conAdeuce,  and  do  not  set  themiielves  Ui 


D,j„..;uL,  Cookie 


94  QonmLUv.  iKt 

measure  what  they  ha.ve  already  done  Consideration  about 
labour'  U  as  jet  unknown  to  them ;  and,  as  we  oarselres  have 
frequently  experienced,  toil  has  less  effect  upon  the  powers 
than  thought-t 

13.  Nor  will  they  ever,  indeed,  have  more  disposable  time ; 
because  all  improvement  at  this  age  is  from  hearing.  When 
the  pupil  shall  retire  by  himself  to  write,  when  he  shall  pro- 
dace  and  compose  from  bis  own  mind,  he  will  then  either  not 
hare  leisure,  or  will  want  inclination,  to  commence  each 
exercises  as  I  have  specified.  13.  Since  the  teacher  of  gram- 
mar, therefore,  cannot  occupy  the  whole  day,  and  indeed  ought 
not  to  do  so,  lest  he  should  di^^t  the  mind  of  his  pupil,  to 
what  studies  nan  we  better  devote  hb  fr^mentary  intervals. 
so  to  term  them,  of  time  ?  14.  For  I  would  not  wish  the 
pupil  to  be  worn  out  iu  these  exercises ;  nor  do  I  desire  that 
be  shoald  sing,  or  accompany  songs  with  musical  notes,  or 
descend  to  the  minutest  investigations  of  geometry.  Nor 
would  I  make  him  like  an  actor  in  delivery,  or  lilie  a  dancing- 
master  in  gesture ;  thoi^h,  if  I  did  require  all  such  qualifica- 
tions, there  would  still  be  abundance  of  time ;  for  the  imma- 
ture port  of  life,  which  is  devoted  to  learning,  is*  long ;  and  I 
am  not  speaking  of  slow  intellects  15.  Why  did  Plato,  let 
me  ask,  excel  in  all  these  branches  of  knowledge  which  I 
think  necessary  to  be  acquired  by  him  who  wonld  be  an 
orator?  He  did  ao,  because,  not  being  satisfied  with  the 
instru'tion  which  Athens  could  afford,  or  with  the  science  of 
the  Pythagoreans,  to  whom  be  had  sailed  in  Italy,  he  went 
^so  to  the  priests  of  Egvpt,  and  learned  their  mysteries. 

16,  We  shroud  our  own  indolence  under  the  pretext  of 
difficulty;  for  we  have  norealloveof  our  work;  nor  is  eloquence 

•  ZaborU  JHdKium.']  Whea  thay  ire  told  to  eiMute  uty  tuk.  they 
do  not  reflect,  like  people  of  maturer  yean,  and  tiy  to  tona  t  judgtMnl, 
whetfaur  it  is  worth  while  to  do  it  or  not,  but  set  about  it  at  once.  I 
take  this  to  be  the  seiue  of  the  word>.  The  French  tranalator,  In 
Didot'g  editdon,  rendera  them,  "ils  ne  Conouwent  pas  encore  os  que 
</eiit  que  le  Teritable  trHVaiL" 

■^  Minui  oficU  lentat  faligaiio  quim  eeglliUio.]  I  see  that  the** 
W(»i1b  are  not  understood  by  some.  CofriUitio  applies  to  him  who 
produceM  Homething  from  his  own  mind  ;  faiigaiio  to  him  who  merel; 
eieeutoa  the  orders  of  othera,  whether  by  labour  of  body  or  of  mlDd. 
Spaldinff.  The  French  traailator  followa  Spaldisg'a  interpretation : 
"il  ee.  m  ina  p^nible  de  remplir  une  tichs  donn^  que  de  produir* 


D,j„.„_,  Cookie 


^.Xlt.]  EDnCATIOlT  OP  AK  OKATOR.  Bft 

ever  eouglit  hj  na,  because  it  is  the  most  hoaourabta  and  nobla 
of  attainmeuts,  or  for  ite  own  Bake ;  but  we  apply  ourselves  to 
labour  only  with  mean  views  and  for  sordid  gain.  17.  Plenty 
of  omtorH  may  speak  in  the  fonim,  with  my  pennisaion,  and 
acquire  riches  also,  without  such  accomplishments  as  I  recom- 
mend ;  only  may  every  trader  in  contemptible  merchandise  be 
richer  than  they,  and  may  the  public  crier  make  greater  profit 
by  tus  voice !  I  would  not  wiah  to  have  even  for  a  reader  of 
this  work  a  man  who  would  compute  what  returns  his  studies 
will  brin^  him.  18.  But  he  who  shall  have  conceived,  aa 
with  a  divine  power  of  imagination,  the  very  idea  itself  of 
genuine  oratory,  and  who  shall  keep  before  his  eyes  true 
Sequence,  the  queen,  as  an  eminent  poet  calls  her,  of  the 
world,  and  shall  seek  his  gain,  not  from  the  pay  that  he 
receives  for  his  pleadings,  but  from  his  own  mind,  and  from 
contemplation  and  knowledge,  a  gain  which  is  enduring  and 
indepeudent  of  fortune,  wilt  easily  prevail  upon  himself  to 
devote  the  time,  which  others  epend  at  shows,  in  the  Campus 
Martius,  at  dice,  or  in  idle  talk,  to  say  nothing  of  steep  and 
the  proluDgalJou  of  banquets,  to  the  studies  of  geomet^  and 
music ;  and  how  much  more  pleasure  will  he  secure  from  such 
pursuits  ttutn  from  uuintellectual  gratifications  I  10.  For 
divine  providence  tias  granted  this  favour  to  mankind,  that 
the  more  honourable  occupations  are  also  the  more  pleasing. 
But  the  very  pleasure  of  these  leSections  has  carried  me  too 
far.  Let  what  I  have  said,  therefore,  suffice  concerning  the 
studies  in  which  a  boy  is  to  be  instructed  before  he  enters  on 
more  important  occupations ;  the  next  book  will  commence, 
as  it  were,  a  new  subject,  and  enter  on  the  duties  of  tbt 
teacher  of  rheturic. 


Digiiizcdt*  Google 


CHAPTER  I. 

Bi^  we  not  pat  uadsr  ilie  prnEBsaor  of  rhetoria  enrlj  anongh ;  leasona 
why  the;  should  begin  to  receiTa  iiiitractioa  fWim  him  at  an 
earlier  age,  %  1 — 3.  The  profsssioQa  of  tbe  gntmmariaa  and 
teacher  of  rhetoric  iliould  be  in  eome  degree  united,  4 — 13. 
I.  It  has  been  a  prevalent  cuatom  (which  daily  gains 
ground  more  and  more)  fur  pupils  to  be  sent  to  the  teachers 
of  eloquence,  to  the  Latin  teacliers  always,  and  to  the  Greeks 
sometimes,  at  a  more  advanced  age  than  reasou  requires.  Of 
this  practice  there  are  two  causes:  that  the  rhetoricians, 
especially  oar  own,  have  relinquished  a  part  of  their  duties, 
and  that  the  grammarians  haie  appropriated  what  does  not 
belong  to  them.  Q.  The  rhetoricians  think  it  their  business 
merelj  to  declaim,  and  to  teach  the  art,  and  practice  of 
declaiming,  confining  themselves,  too,  to  deliberative  and 
judicial  subjects,*  (for  others  they  despise  as  beneath  tbeir 
profession,)  while  the  grammarians,  on  their  part,  do  not 
deem  it  sufficient  to  have  taken  what  has  been  left  them, 
(on  which  account  also  gratitude  should  be  accorded  them.)  but 
encroach  even  upon  prosopopeia^  and  snaso^f  speeches, 
in  which  even  the  very  greatest  efforts  of  eloquence  are  dis- 
played. 3.  Hence,  accordingly,  it  has  happened,  tliat  what 
was  the  first  business  of  the  one  art  has  become  the  last  of  the 
other,  and  that  boys  of  an  age  to  be  employed  in  higher  de- 
partments of  study  remain  sunk  in  the  lower  school,  and 
*  The  other  department  of  eloquence,  the  demoaBtrative  or  epidfidic, 
which  ought  to  comoumd  the  attention  of  rhetoricians,  they  despiie. 
ThuB  in  the  epeecbsB  of  Ssoeca  the  father,  we  gee  only  nutsruc  and 
eontrovfitia,  delibenilJTe  nnd  judicial  addreBBea  ;  and  in  the  deolama- 
tioDS  drculated  under  the  name  of  Quiatilian  we  find  nothing  but 
mere  anUroveitia.  folding,  Quintiliaa  wotUd  have  narrativea,  or 
rtatementfl  of  factB,  eulopes.  and  invectiTes,  to  form  part  of  the  flrat 
eierdbCB  in  rhetoric,  aa  will  appear  hereafter.     CapperimUr. 

f  By  proiopopeiit  we  must  here  understand  speeches  suited  to  tiie 
charactoTB  of  parsons  by  whom  they  are  supposed  to  liave  been  spoken. 
Quintilian  speiaks  of  them  in  b.  ii.  o.  8.  Hegiat.  Such  are  the 
speeches  in  Liiry  and  other  historiaOB.     Turmbtu. 

t  Sumoriat.']  Speeches  of  the  kind  which  they  cnll  (MiJtmftr^ 
diffcriug  from  cmiiTOferiuB,  which  is  a  term  properly  applied  ouJy  tu 
judicial  pleadingB,  Cafprronitr.  The  t«rui  twuoria  included  ijoth 
fermanTg  and  ditmaurs  Bpeaulies. 


L,  Google 


0B  l]  education  of  an  oiutob.  9T 

practise  rhetoric  ander  the  gramioaritui.  Thoa,  what  is 
eminentlj  ridioulotts,  a  yoath  seems  unfit  to  be  sent  to  a 
teacher  it  declamation  until  he  already  knows  how  to  declaim. 

4.  Let  us  aaeigD  each  of  theee  profeasioDB  ita  due  limits. 
Let  grammar,  {which,  turning  it  into  a  Latiu  word,  the;  have 
called  literatura,  "  literature,")  know  ita  own  boundaries, 
especially  as  it  is  so  far  advanced  beyond  the  humility  indicated 
by  its  name,  to  which  humility  the  early  grammarians  restricted 
themselves ;  for,  though  but  weak  at  ita  source,  yet,  having 
gained  strength  from  the  poets  and  historiaiis.'  it  now  Sows 
on  ill  a  full  channel ;  since,  besides  the  art  of  speaking  cor- 
rectly, which  would  otherwise  be  far  from  a  comprehensive  art, 
it  has  engrossed  tlie  study  of  almost  all  the  highest  depart- 
ments of  learning ;  5.  aud  let  not  rhetoric,  to  which  the  power 
of  eloquence  has  given  its  name,  decline  its  own  duties,  or 
r^oice  that  the  task  belonging  to  itself  is  appropriated  by 
another;  for  while  it  neglects  its  duties,  it  is  almost  expelled 
from  its  domain.  6.  I  would  not  deny,  indeed,  that  some  of 
those  wIk)  profess  grammar,  may  make  such  progress  in  know- 
ledge as  to  be  able  to  teach  the  principles  of  oratot? ;  bnt, 
when  they  do  so,  they  will  be  diecharging  the  duties  of  a 
rhetorician,  and  not  their  own. 

7.  We  make  it  also  a  subject  of  inquiry,  when  a  boy  may 
DC  considered  npe  for  learning  what  rhetoric  teaches.  In 
vihich  inquiry  it  is  not  to  be  considered  of  what  age  a  boy  is, 
but  what  progress  he  haa  already  made  in  his  studies.  That 
I  may  not  make  a  long  discussion,  I  think  that  the  question 
tfhen  a  boy  ought  to  be  aent  to  the  teacher  of  rhetoric,  is  best 
decided  by  the  answer,  when  he  ihalt  be  qvalijied.  8.  But 
this  veiy  point  depends  upon  the  preceding  subject  of  con- 
sideration ;  for  if  the  office  of  the  grammarian  is  extended 
even  to  suasoiy  spfleches,  the  necessity  for  the  rhetorician 
will  come  later.  If  the  rhetorician,  however,  does  not  shrink 
from  tlie  earliest  duties  of  his  professiou,  his  attention  ia 
required  even  from  the  time  when  the  pupil  begins  narra- 
tions,'^ and  produces  his  little  exercises  in  praising  and 
blaming.  0.  Do  we  not  know  that  it  was  a  kind  of  exercise 
cmong  the  ancients,  suitobib  for  improvement  in  eloquence,  for 

*  Wbom  the  grw  tauant  underttike  to  eiplain  and  Qlnatiate.   Gy^ 

t  A  immiiUniibitt  itntim.]  Bewnre  of  tniing  St  for  potl.    /^"Hin j. 


D,j„..;uL,  Cookie 


OS  QoumuAN.  [&n. 

pupils  to  ?peAk  on  thetei*  common  plaeef.f  and  other  qiiM- 
tions,  (without  embracing  particular  circumatanceB  or  persons,) 
on  which  causes,  as  well  real  as  imagiuarj,  depend?  Hence 
it  is  evident  how  dishonoutablj  the  profession  of  rhetoric  has 
ftbaadoned  that  department  which  it  held  originally,}  and  for 
a  long  time  solely.  10.  But  what  is  there  among  thoM 
exercises,  of  which  I  have  jnst  now  Bpoken,§  that  does  not 
relate  both  to  other  matters  peculiar  to  rhetoricians,  and. 
indispntabty,  to  the  sort  of  causes  pleaded  in  courts  of  jostice? 
Have  we  not  to  make  statements  of  facts  in  the  forum?  I 
know  not  whether  that  department  of  rhetoric  is  not  most  of 
all  in  request  there.  11.  Are  not  eulc^  and  invective  often 
introduced  in  those  disputations  ?  Do  not  common  places,  as 
well  those  which  are  levelled  against  vice,  (such  as  were  com- 
posed, we  read,  by  Cicero,  ||)  as  those  in  which  ijuestions  are 
discussed  generally,  (such  as  were  published  by  Quintus  Hor- 
tensius,  as.  Ought  we  to  trtul  to  light  proofs  f  and  for  teitneitet 
and  against  witnoaei.)  mix  themselves  with  the  inmost 
substance  of  causes  ?  1 2.  These  weapons  are  in  some  d^ree 
to  be  prepared,  that  we  may  use  them  whenever  circumstances 

*  By  tluB  term  QuintilUn  mouiB  gwmtHnu*  injhita,  on  rather  ride 
of  which  a  rbetorioiui  may  speak  with  plmuwMlity.  Thia  kind  of 
eien^Be  was  in  uH  in  Cicero'a  tim^  when  what  we  now  call  dectniKa- 
tiauf,  aa  Seneca  obBenea,  were  called  liaa.  Turnebus.  7%ttet,  at 
gwatioaet  i7{fii&a,  ore  queetiona  or  topics  not  circumscribed  b;  any 
particulars  relatiiiK  to  perBODa,  plscea.  or  timea ;  tieta  b«ng  thui 
dtstin^piiahed  fi-um  hypoiheif.  Cspperonier.  See  ii.  i,  21 ;  iiL  6,  G,  7  ; 
Clo.  Orat.  c.  11,  86  ;  Topic  c  21.     Spaidmg. 

+  "Caamiata  toei^  says  Tumebua,  "are  general  di«qiiiBitiona  on 
pointa  of  morality  ;  or  qiuationa  on  poiuU  of  law,  on  whicb  the 
speaker  might  take  rither  the  affirmative  or  uegstive  aide  ;*  as  hoK  far 
— I.  ..  --imt  tntaatei,  or  wkat  credil  ^(mid  be  given  to  vrittai 


X  Suetonius  obaerrea  that  the  old  thetoriinuis  employed  themselrM 
greatly  in  progymrvuwala.     Tumebua. 

{  He  means  at  the  end  of  sect.  8.    Spaidiag. 

H  Qeaner  very  properly  refera  to  the  end  of  the  preface  to  the 
Pofadoxet,  where  Cicero  observes  that  he  used,  for  the  sake  of  ei- 
moise,  to  occupy  himEelf  about  the  Bittri  of  the  soboola,  that  is,  on 
qnaations  having  no  reference  to  particular  circumstanoeH  or  persons. 
....  But  whether  "we  read"  should  be  undeniMod  aa  aigai^ing 
diat  Quintiliaa  had  himself  read  Cicero's  compositions,  or  that  he  had 
merely  seen  some  reference  to  them  in  some  other  writer,  we  bav* 
nothing  to  enaUe  us  to  decide.  The  latter  suppositian  appears  to  ma 
the  mora  probable.    SptiUing. 


D,j„.„^L,  Cookie 


OH.n.]  IDU(UTIOH  OF  AX  OKA.TOB,  09 

reijuire.  He  wbo  shall  suppose  that  these  matters  do  not 
oonceni  the  orator,  will  think  that  a  statoe  is  not  began  when 
its  limbs  are  casL*  Nor  let  any  one  blame  this  haste  of  mine 
(as  some  will  consider  it)  on  the  aupposition  that  I  think  the 
pupil  who  is  to  be  committed  to  the  professor  of  rhetoric  is  to  be 
altogether  withdrawn  from  the  teachers  of  grammar.  13.  To 
these  also  their  proper  time  shall  be  allowed,  nor  need  there 
be  any  fear  that  the  boy  will  he  overburdened  with  die  lessons 
of  two  masters.  His  labour  will  not  be  increased,  but  that 
which  was  coofoanded  under  one  master  will  be  divided ;  and 
each  tutor  will  thus  be  more  efficient  in  his  own  pronnce. 
This  method,  to  which  the  Greeks  still  adhere,  has  been  disre- 
garded by  the  Latin  rhetorioiaus,  and,  indeed,  with  some 
appearance  of  excuse,  as  there  have  been  others  to  take  their 
dnty.t 


CHAPTER  IL 


Choice  of  a  teacher,  g  1 — (.  How  the  taacbar  Bliould  conduct  htnuelf 
towards  hie  papila,  S — S.  How  the  papila  should  behtve,  9 — 13. 
Some  additional  obwrratioiu,  li,  IS, 

1.  As  soon  therefore  as  a  boy  shall  have  attained  sooh  pm- 
ficiency  in  his  studies,  as  to  be  able  to  comprehend  what  we 
have  ^led  the  first  precepts  of  the  teachers  of  rhetoric,  hi> 
must  be  put  under  the  professors  of  that  art. 

3.  Of  these  professors  the  morals  must  first  be  ascertained ; 
a  point  of  which  I  proceed  to  treat  in  this  part  of  my  work, 
not  because  1  do  not  think  that  the  same  examination  is  to  be 
made,  and  with  the  utmost  care,  in  regard  also  to  other  teachers, 
(as  indeed  I  have  shown  in  the  preceding  book.J)  but  because 
the  very  age  of  the  pupils  makes  attention  to  the  matter 
BtJU  more  necessary.  8.  For  boys  are  consigned  to  these 
pro''e8sors  when  almost  grown  up,  and  continue  their  studies 
under  them  even  after  they  are  become  men  ;  and  greater  care 

*  Sec  AiutoUe'i  Rhetoric,  i.  IS. 

t  Nuuel;  the  grsmmarisns  who  oontinua  their  instrnetion  wren  afUol 
ytSt  ire  put  under  the  rhetoiiciBiL 

:s«c.6. 


L,  Google 


100  QDINTILIAK.  (^RIL 

must  in  consequence  be  tidopted  with  regard  to  diem,  in  order 
tliat  the  parity  of  the  master  may  secure  their  more  teudei 
years  from  curruption,  and  his  authority  deter  their  bolder  age 
from  licentiouBneBS.  i.  Nor  is  it  enough  that  he  give,  in 
himself,  an  example  of  the  strictest  morality,  unless  he  regnlate, 
also,  by  severity  of  discipline,  the  oonduct  of  those  who  come 
to  receive  his  instrucdons. 

Let  him  adopt,  then,  above  all  things,  the  feelings  of  k 
parent  towards  his  pupils,  and  consider  that  he  succeeds  to  the 
place  of  those  by  whom  the  children  were  entrusted  to  him. 
5.  Let  him  neiUier  have  vioes  in  himself,  nor  tolerate  them 
in  others.  Let  his  austerity  not  be  stem,  nor  his  a&bility  too 
easy,  lest  dislike  arise  from  the  one,  or  contempt  from  the 
otbor.  Let  him  discourse  g'equentiy  o»  what  is  honourable 
and  good,  for  the  ofteuer  be  admonishes,  the  more  seldom  will 
be  have  to  chastise.  Let  him  not  be  of  an  angry  temper, 
and  yet  not  a  conniver  at  what  ought  to  be  correctod.  Let 
him  }>e  plain  iu  his  mode  of  teaching,  and  padent  of  laboor. 

hilt,  pithsr  diligfinjj  in  flTR/^riny  taaha  than  fnnH  nf  ffiviny  t.h^m 


__^^____  reply  readily  to  those  who  pat 

quesdons  to  him,  and  question  of  his  own  accord  those  who 
do  not.  In  commending  the  exercises  of  his  pupils,  let  him  be 
neither  ni^ardly  nor  lavish  ;  for  the  one  qutuity  begets  dislike 
of  labour,  and  the  other  self-complacency.  7.  In  amending 
what  requires  correodon,  let  him  not  be  harsh,  and,  least  of  all, 
not  reproachful ;  for  that  very  ciroumetance,  that  some  tutors 
blame  as  if  they  hatod,  deters  many  young  men  from  their 
proposed  course  of  study.  Let  him  every  day  say  something, 
and  even  much,  which,  when  the  pupils  hear,  they  may  carry 
away  with  them,  f<u-  though  he  may  point  out  to  them,  in  their 
course  of  reading,  plenty  of  examples  for  their  imitadon,  yet 
the  living  ooiee,  as  it  is  called,  feeds  the  mind  more  nutrldously, 
and  especially  the  voice  of  the  teacher,  whom  his  pupils,  if 
ihey  are  but  righdy  instructed,  both  love  and  reverence.  How 
much  more  readily  we  imitate  those  whom  we  like,  can  scarcely 
be  expressed. 

9.  The  liber^  of  standing  up  and  showing  exu'ntian.    n 

giving  applause,"  as  is  done  under  most  teachers,  is  by  no  means 

to  be  allowed  to  boys  ;  for  the  approbadon  even  of  young  men, 

*  Not  to  th«  muter,  but  to  one  snotlMr,  m  3paldiog  obeeirca,  and 

u  Bpp«n  frcM  wba.t  foUowi. 


L,  Cookie 


a.n.3 


EDtTCATIOK  OF  AS  OUTOE. 


101 


when  the;  listen  to  otbers,  ought  to  be  but  temperate.  Hence 
it  wit]  result  that  the  pupil  wiir  depend  on  the  judgment  of 
the  master,  and  will  think  that  he  has  expressed  properly 
whatever  shall  have  been  approved  by  him.  10,  But  that 
most  mischievous  poliUneu,  as  it  is  now  termed,  which  is  shown 
by  students  in  tbeii  praise  of  each  other's  compositions,  what- 
ever  be  their  merits,  is  not  only  nnbeooming  and  theatrical,' 
and  foreign  to  strictly  regnlated  schools,  but  even  a  mot 
destructive  enemy  to  stady,  for  care  and  toil  may  well  appear 
euperflooua,  when  praise  is  ready  for  whatever  the  pupils  have 
produced.  11.  Those  therefore  who  listen,  as  well  as  he  who 
speaks,  oi^t  to  watch  the  countenance  of  the  master, 
they  will  thus  discern  what  is  to  be  approved  and  what  to  be 
condemned  ;  and  thus  power  will  be  giuned  from  oompoeition, 
and  judgment  from  being  heard-f  12.  But  now,  eager  and 
ready,  they  not  only  start  up  at  every  period,  but  dart  forward, 
and  cry  out  with  indecorous  transports.  Ihe  compliment  is 
repaid  in  kind,  and  upon  such  applause  depends  the  fortune  of 
a  declamation  ;  and  hence  result  vanity  and  self-conceit,  inso- 
much  that,  being  elated  with  the  tumultuous  approbation  of 
their  class-fellon's,  they  are  inclined,  if  they  receive  but  little 
prsise  from  the  master,  to  form  an  ill  opiuion  of  him.  19. 
But  let  masters,  also,  desire  to  be  heard  themselves  with  atten- 
tion  and  modesty ;  for  the  master  ought  not  to  speak  to  suit  the 
taste  of  his  pupils,  but  the  pupils  to  suit  that  of  the  master. 
If  possible,  moreover,  his  attention  should  be  directed  to 
observe  what  each  pupil  commends  in  his  speeches,  and  for  what 
reason  ;  and  he  may  then  r^oice  that  wlut  he  says  will  giv4 
pleaaure.  not  more  on  his  own  account  than  on  that  of  bis 
pupils  who  judge  with  correctness. 

14.  That  mere  b<^  should  sit  mixed  with  young  men,  I 
do  not  approve ;  fbr  though  suob  a  man  as  ought  to  preside 
over  their  studies  and  conduct,  may  keep  even  the  eldest  of 
his  pupils  under  control,  yet  the  more  tender  ought  to  be 
separate  from  the  more  mature,  and  they  should  all  be  kept 

*  Sadk  aa  ia  givai  by  RpscUton  in  Ui«  tlieatn ;  see  i.  9, 9.   Bpalihtg. 

QoIn^Un  apnean  *Iiki  to  inUmat«  the  uinnocnry  of  the  appIaoseL 

t  BkttaafiMata»to>aiiitgtt,o»Mtii>tu}udiiMim.']  The  Hytt  mauit  i« 
that  of  the  iptakar  or  leailer  bimaelf,  who  bringi.  with  him  from  haDM 
■  vrittcn  tiHsch,  whioh  ii  the  audiiio  or  "  nr^tatjon  heard "  by  his 
fen[iw.«tndeuta  that  fbmt  the  audienoa.    ^atdiag. 


D,j„.„uL,  Google 


ma  QUINTILUN.  LB.1I 

free,  oot  merely  from  the  gmlt  of  liconUouanesa,  but  eveii 
from  ths  suspicion  of  it.  16.  This  point  I  thought  proper 
briefly  to  notice;  that  the  mast«r  and  bis  school  should  be 
clear  of  gross  vice,  I  do  not  suppoee  it  necessary  to  intimate. 
And  if  there  in  any  father  who  would  not  shrink  from  flagrant 
vice  in  cbooaing  a  tutor  for  his  son,  let  him  be  assured  that  aU 
other  rules,  which  I  am  endeavouring  to  lay  down  for  the 
benefit  of  youth,  are,  when  this  consideration  ia  disregarded, 
useless  to  him. 


CHAPTER  III. 

A  pupil  ibould  be  pot  under  an  eminant  twober  it  finrt;  not  under  an 
infarior  one,  I  1 — 3.  Mistakes  of  parenta  aa  to  tliii  poiot,  S,  4. 
Tbe  beat  teacher  can  t«Bah  UtQe  UuDgs  beit,  ai  well  an  gteat  oiiea, 
E — 9.  The  pnpiU  of  eminent  teocben  will  afford  better  examples 
to  eadi  oihat,  10—12. 
I.  Nob  is  the  opinion  of  those  to  be  passed  in  silence,  who, 
eren  when  they  think  boys  ht  for  the  professor  of  rhetoric, 
imagine  that  he  is  not  at  once  to  be  consigned  to  the  most 
eminent,  but  detain  him  for  some  time  under  inferior  teachers, 
with  the  notion  that  moderate  abihty  in  a  master  is  not  only 
better  adapted  for  beginning  instruction  in  art,  but  easier  for 
comprehension  and  imitation,  as  well  as  leas  disdainful  of 
undertaking -the  trouble  of  the  elements.  3.  On  this  head  I 
think  no  long  labour  necessary  to  show  how  much  better  it  is 
to  be  imbued  with  the  best  instructions,  and  how  much  diffi- 
rulty  is  attendant  on  eradicating  faults  which  have  once  gained 
ground,  as  double  duty  falla  on  succeeding  masters,  and  the 
task  indeed  of  unteacliing  is  heavier  and  more  important  than 
that  of  teaching  at  first.  3.  Accordingly  they  say  that 
Timotheus,  a  famous  instructor  in  playing  the  flute,  was 
accustomed  to  ask  as  much  more  pay  from  those  whom 
i^other  had  taught  as  from  those  who  presented  themselves 
"to  'hiin  in  a  state  of  ignorance.  .  The  mistakes  committed  in 
the  rilatter,  however,  are  two ;  one,  that  people  think  inferior 
teachers  sufficient  for  a  time,  and,  from  having  an  easily 
ealidfled  appetite,  are  content  with  their  instructions;  (such 
aupineness,  though  deserving  of  reprehension,  would  yet  be 


D,j,,.2cjt,  Google 


CH.ni.]  CD(;(U.TtOM  OF  AK  ORATOK.  109 

in  some  degree  endurable,  if  teachers  of  tliat  class  taught 
Duly  worse,  and  not  Ities ;)  the  other,  wliicb  if  eren  mors 
common,  that  people  imagine  that  those  who  have  attained 
eminent  qualifications  for  speaking  will  not  descend  to  inferior 
matters,  and  that  this  is  sometimes  the  case  because  tbej 
disdain  to  bestow  attention  on  minuter  points,  and  sometimes 
because  they  cannot  give  instruction  in  them.  b.  For  m}' 
part,  I  do  not  consider  him,  who  is  unwilling  to  t«ach  little  -^' 
things,*  in  the  unmbor  of  preceptors  ;  but  I  ai^ue  that  the 
ablest  teachers  can  teach  little  tilings  best,  if  thej  will ;  first, 
because  it  is  likelj  that  he  who  excels  others  in  eloquence,  has 
gained  the  most  accurate  knowledge  of  the  means  hy  which 
men  attain  eloquence ;  6,  secondlj,  because  method.t  which, 
-with  the  best  qualified  instructors,  is  always  plainest,  is  of 
great  efBcacy  in  teaching;  and  lostlj,  becaose  no  man  rises  to 
such  a  height  iu  greater  things  that  lesser  fade  entirely  fnmi  his 
view.  Unless  indeed  we  believe  that  though  Phidias  made  a 
Jupiter  well,  another  might  have  wroi^ht,  in  better  style  than 
he,  the  aoceasories  to  the  decoration  of  the  work ;  or  that  an 
orator  may  not  know  how  to  speak ;  or  that  an  eminent  phy- 
sician may  be  unable  to  cure  trilling  ailments. 

T.  Is  there  not  then,  it  may  be  asked,  a  certun  height  of 
eloquence  too  elevated  for  the  immaturity  of  boyhood  to  com- 
prehend it?  I  readily  confess  that  there  is;  but  the  eloquent 
professor  must  also  be  a  man  of  sense,  not  ignorant  of  teach- 
ing, and  lowering  himself  to  the  capacity  of  the  learner ;  as 
any  fast  walker,  if  he  should  happen  to  walk  with  a  child, 
would  give  him  his  hand,  relax  his  pace,  and  not  go  on  quicker 
than  his  companion  could  follow.  8.  What  shall  be  said,  too, 
if  it  geneially  happens  that  instructions  given  by  the  most 
learned  are  &r  more  easy  to  be  understood,  and  more  per- 
spicuous ttian  those  of  others?  For  perspicuity  is  the  chief  -\- 
TJrtue  of  eloquence,  and  the  less  ability  a  man  has,  the  more 
he  tries  to  raise  and  swell  himself  out,J  as  those  of  short 
stature  exalt  themselves  on  tip-toe. §  and  the  weak  use  most 

■  Camp.  i.  i,  2S. 

f  FiUio.']  Ratio  IB  the  mme  ta  iheoria  ;  oppowd  to  praxU.  AmUhii/. 
QuiDtiliai)  meani  method  ;  sad  intJinateB  that  the  more  learned  teachei 
itill  be  more  methodical,  the  lesa  learned  less  methodicaL     Tnmelnu. 

i  DUatare.]  In  alltuiou,  perhaps,  to  ttie  fable  of  tbe  frog  and  tL( 
ex,  Phicdr.  l  24.    Spalding. 

i  StaimrA  bream  t»  digitoi  tngvatur.]  An  Uliutratien  borrowed  bj 


D,j„..;uL,  Cookie 


104  QUiNTILUW.  [B.1I 

threats.  9.  Aa  to  those  whose  style  is  inflatod,  displaying  a 
vitiated  taste,  and  who  are  fond  of  soundiug  words,*  or  fomty 
from  any  other  mode  of  vicioua  affectation,  I  am  convinc^ 
that  they  labour  under  the  fault,  not  of  strength,  but  of  weak- 
neas,  as  bodies  are  swollen,  not  with  healtji,  but  with  diseaee, 
and  as  men  who  have  erred  from  the  straight  road  generally 
make  stoppages.f  Accordingly,  the  less  able  a  teacher  is,  the 
more  obscure  will  he  be. 

10.  It  has  not  escaped  my  memory,  that  I  said  in  the 
pi'ecading  book,}  (when  I  observed  that  education  in  schoola 
was  preferable  to  that  at  home,)  that  pupils  commencing  their 
studies,  or  but  little  advan<«d  in  them,  devote  themselves 
more  readily  to  imitate  their  school-fellows  than  their  master, 
such  imitation  being  more  easy  to  them.  This  remark  may 
be  understood  by  some  in  such  a  sense,  that  the  opinion  which 
I  now  advocate  ma;  appear  inconsistent  with  that  which  I 
advanced  before.  11.  But  such  inconsisieucy  will  be  far 
from  me ;  for  what  I  then  said  is  the  very  best  of  reasons 
why  a  boy  should  be  consigned  to  the  best  possible  instructor, 
because  even  the  pupils  under  him,  being  better  taught  thao 
those  under  inferior  masters,  will  either  speak  in  such  a 
manner  as  it  may  not  be  objectionable  to  imitate,  or,  if  they 
commit  any  faults,  wilt  be  immediately  corrected,  whereas  the 
less  learned  teacher  will  perhaps  praise  even  what  is  wrong, 
aud  cause  it,  by  his  judgment,  to  recommend  itself  to  those 
JohDBon  in  hie  Life  of  Gray,  who,  he  bhjb.  is  "  tati  bj  wnlking  on  tip- 

*  Tumidot,  el  corraplo$,  ti  linns^.]  The  tamtdi  ai«  those  who  are 
foolishl;  amlntiaiiB  of  sublimity ;  the  eormpH,  tboee  who  are  olwsja 
aiming  to  say  aumetfaiag  witty  or  clever  ;  the  HumM,  those  who  seek 
for  fiue-Boundiag  words  ood  phrases.    BMin. 

t  Desertitnt.'}  lievertunt  in  hotpitia,  go  to  seek  lod^ng  for  the  night, 
and  thus  arrive  at  a  later  period  at  their  place  of  deatdiiabion,  which,  if 
tbey  had  kept  to  the  right  rood,  they  might  have  reached  on  the  day 
on  which  the;  started.  Spalding.  An  obicure  passage,  and  perhaps 
not  free  from  uasoundness.  The  seoood  comparison,  like  the  first, 
ought  to  indicate  something  wrong  iying  Md  under  the  appearance  of 
what  is  right.  .  .  .  We  may  guppoee  that  those  who  have  quitted  the 
right  bwik.  Bed  for  deivilieMla,  bye-roads,  for  the  sake  of  amusing 
themselves,  or  of  shortening  the  remunder  of  their  jonmey.  RoUin. 
The  reader  may  use  his  judgment  as  to  which  of  these  two  illustrationi 
\a  .0  be  pretbrred.  That  of  Rolliu  may  receive  somethin)}  like  suppoii 
from  Uv.  ii.  T  t  jB  UgeiMtii  tdnl  denriteiiia  am<ma — qaaiwttn, 
;  C.  3,  sect.  3& 


.,  Cookie 


on.tv.]  BDUCAnoK  or  an  orator.  105 

vho  listen  to  it.  13.  Let  a  master  therefore  be  excellent  m 
well  in  eloquence  as  in  morals ;  one  ^ho,  like  Homer's 
Phtenix,"  ma;  teach  his  pupil  at  once  to  speak  and  to  act. 


CHAPTER  IV. 

Blenenta[7  eieroises,  S  1.  HturatiTH,  or  lUteniMltl  of  IkAm,  3 — 4. 
Exnbsranoe  in  earlj  oompoflitionB  bettw  thaji  Hterility^  4-^8.  A 
teacher  Hhoutd  uot  bfl  without  imagination,  or  too  much  given  to 
find  fault  with  his  pupil's  attempts,  8 — 14.  The  pupii'a  eompo* 
utioos  should  be  wi-Hten  with  great  core,  IS — IT.  Exercisea  in 
eonflimation  and  refatation,  18,10.  In  oommpndation  and  oanmira 
of  remarkable  men,  20— 21.  Common  plaoea,  22,  38.  These*,  24, 
25.  KeBBOQB,  26.  Written  preparatioDS  for  pleadings  27 — 32. 
Pnise  and  censure  of  particular  lawB,  83—40.  Deokmatjona  on 
fictitious  eutgects  a  later  luTention,  41,  42. 

I  SHALL  now  proceed  to  state  what  I  conceive  to  be  the 
first  dudes  of  rhetoricians  in  giving  inetniction  to  their 
pupils,  putting  off  for  a  while  ue  consideration  of  what  ia 
alone  called,  in  commou  langiuge,  the  art  of  rhetoric ;  for  to 
me  it  appears  most  eligible  to  commence  with  that  to  which 
the    pupil  has  learnrd  something  similar  under  the  gnun- 


£.  Since  of  narrationt,  (besides  that  which  we  use  in 
pleadings,)  we  understand  that  there  are  three  kinds  ;  the 
jable,f  which  is  the  subject  of  tragedies  and  poems,J  and 
which  is  remote,  not  merely  from  truth,  but  from  the  appear- 
ance of  truth  ;§  the  arffumfiUiua,  which  comedies  represent, 
and  which,  though  false,  has  a  resemblance  to  truth  ;|{  and 
the  hUlort/,  in  which  is  contained  a  relation  of  facta;  and 
since  we  have  consigned  poetic  narratives  to  the  giammarians,^ 

■  Diod,  ix.  4S2. 

t  Or  mjtfaDlogical  gabject. 

i  That  IB  tpic  poema,  in  which  w«  And  tnnoh  that  is  at  Tarianee,  not 
onlv  with  truth,  but  with  probability ;  oarratiTee  which  Aiiatotle  in 
hi)  Toetics  colla  aXoyn,  aiinara.     Cappenmier. 

i  Am  the  fablee  of  Atreue  and  Thjeetes,  Hedea,  Iphigenia,  and  all 
the  atoriea  of  metamori  >ho««.     Cio.  Rhetor,  i  IS.     CamerariuM. 

11  Aa  appraachiag  nrorer  lo  <i«ture  and  the  toal  eventa  of  life. 

1  Bonk  1.  o.  4. 


D,j„.„^.,Coo^Ji: 


105  QurarouK.  [^B II. 

let  tlie  historical  form  the  commencement  of  study  ondei  the 

rhetorician ;  a  kind  of  nsirstiTe  which,  as  it  has  nkira    of 

^  truth,  has  also  more  of  suhsUnce.     3.  What  appears  to  me 

the  best  method  of  narrating,  I  will  show  when  I  treat  of  the 

judicial  part  of  pleading.*     In  the  meantime  it  will  suf&ce  to 

intimate  that  it  ooght  not  to  be  dry  and  j^une,  (for  what 

necessity  woald  there  be  to  bestow  so  much  pains  upon  study, 

if  it  were  thought  sufficient  to  state  &cts  without  dress  or 

decoration  ?)  nor  ought  it  to  be  erratic,  and  wantonly  adorned 

,  with  &r-fetcbed  descriptions,  in  which  many  speakers  indulge 

'  with  an  emulation  of  poetic  licence,     i.  Bollt  these  kinds  of 

QBrratire  are  faulty ,  yet  that  which  spriugs  from  poverty  ia 

worse  than  that  which  comes  from  exuberance. 

From  boys  perfection  of  style  can  neither  be  required  nor 
expected  ;  but  the  fertile  genius,  fond  of  nobte  eSbrts,  and 
Gonceivii^  at  times  a  more  than  reasonable  degree  of  ardour, 
is  greatly  to  be  preferred.  Nor,  if  there  be  somettiing  oi 
exuberance  in  a  pupil  of  that  age,  would  it  at  all  displease  me. 
I  would  even  have  it  an  object  vrith  teachers  themselves  to 
nouriah  minds  that  are  still  tender  with  more  indulgence,  and 
to  allow  tliem  to  bo  satiated,  as  it  were,  with  the  milk  of 
more  liberal  studied.  The  body,  which  mature  age  may  after- 
wards  nerve,  may  for  a  time  be  somewhat  plumper  tban  seems 
desirable.  6.  Hence  there  is  hope  of  strength ;  while  a 
child  that  baa  tlie  outline  of  all  his  limbs  exact  commonly 
portends  weakness  in  subsequent  years.  Let  that  age  be 
daring,  invent  much,  and  delight  in  what  it  invents,  tliough 
it  be  often  not  sufficiently  severe  and  correct.  The  remedy 
for  exuberance  is  easy ;  barrenness  ia  incurable  by  any  labour. 
7.  ITiat  temper  in  boys  will  afford  me  little  hope  in  which 
mental  effort  ia  prematurely  restrained  by  judgment.  1  like 
what  is  produced  to  be  extremely  copious,  profuse  even  beyond 
the  limits  of  propriety.  Yeara  will  greatly  reduce  auper- 
fiuity ;  judgment  will  smooth  away  much  of  it ;  something 
will  be  worn  off,  as  it  were,  by  use,  if  there  be  but  metal 
from  which  something  may  be  hewn  and  polished  oS;  and 
such  metal  there  will  be,  if  we  do  not  make  the  plate  too  ibiu 
nl  first,  to  that  deep  cutting  may  break  ^  8.  That  I  bold 
such  opinions  concerning  this  age,  he  will  be  less  likely  tu 

•  Book  h.  a.  S. 


..Cookie 


CH.IV.]  KDUOATIOll   OF  AS  OKATOH.  107 

wonder  who  shall  hftye  read  what  Cicero*  says :  "  1  wish 
fecundity  in  a  young  man  to  give  itself  iiill  acope." 

4bove  all,  therefore,  and  especially  ibr  boys,  a  dry  moMter  is 
to  be  avoided,  not  less  than  a  dty  soil,  void  of  all  moistare,  for 
plants  that  are  still  tender.  Under  the  influence  of  sudi  k 
tutor,  they  at  once  become  dwarfish,  looking  as  it  wore 
towards  the  ground,  and  daring  to  aspire  to  nothing  abore 
every  day  talk.  To  them,  leanness  is  in  place  of  hedth,  and 
weakness  in3t«ad  of  judgment ;  and,  while  they  think  it 
sufficient  to  be  free  from  fault,  they  fall  into  the  fanlt  of 
being  free  from  all  merit.  Let  not  even  maturity  itself, 
therefore,  come  too  faat;  let  not  the  musl^  while  yet  in  th^ 
vat,  become  mellow,  for  so  it  will  bear  yean,  and  be  impiovtal 
by  age 

10.  Nor  is  it  improper  for  me,  moreover,  to  offer  this  ad- 
monition ;  that  the  powers  of  boys  sometimes  sink  under  too 
great  severity  in  correction ;  for  they  despond,  and  grieve,  and 
at  last  hate  their  work,  and,  what  is  most  pr^ndicial,  while 
they  fear  eveiy  thing,  they  cease  to  attempt  any  thing. 
11.  There  is  a  similar  convicldon  in  the  mindi  of  the  culti- 
vatoiB  of  trees  in  the  country,  who  think  that  the  knife  must 
not  be  applied  to  tender  shoots,  as  they  appear  to  shrink  iivm 
the  atoel,  and  to  be  unable  as  yet  to  bear  an  incision.  12.  A 
teacher  ought  therefore  to  be  as  agreeable  as  possible,  that 
remedies,  which  are  rough  in  their  own  nature,  may  be 
rendered  soothing  by  gentleness  of  hand  ;  he  ought  to  praise 
some  parts  of  his  pupils'  performances,  to  tolerate  some,  and 
to  alter  others,  giving  his  reasons  why  the  alterations  are 
made ;  and  also  to  make  some  passages  clearer  by  adding 
something  of  bis  own.  It  will  also  be  of  service  tAo  at  times, 
for  the  master  to  dictate  whole  subjects  himself,  which  the 
pupil  may  imitate  and  admire  for  the  present  as  his  own. 
IS.  But  if  a  boy's  composition  were  so  faulty  as  not  to  admit 
of  correction,  I  have  fonnd  him  benefited  whenever  I  told  him 
to  write  on  the  same  subject  c^n,  after  it  bad  received  fresh 
treatment  from  me,  observing  that  "  he  could  do  still  better," 
since  study  is  cheered  by  nothing  more  than  hope. 
14.  Difierent  ages,  however,  are  to  be  oorrpeted  in  diSitrent 
ways,  and  work  is  to  be  required  and  a^nded  according  to 
the  degree  of  the  pupil's  abilities.  I  usfli  to  aay  to  boys  when 
•  Da  0~i  H.  2ir 


D,„i.2cjt,  Google 


108  gvnmuAN.  [bji 

fiey  attempted  any  thing  eztisTt^uit  or  verbose,  that  "  I  wae 
•Btiafied  with  it  for  tha  preseot,  but  that  a  time  would  come 
when  I  should  not  allow  them  to  produce  compoeitiong  of  such 
ft  character."  Thus  thej  were  satisfied  with  their  abilities,  and 
jet  not  led  to  form  a  wrong  judgment 

15.  But  that  I  may  return  to  the  point  from  which  I 
digressed,  I  should  wish  narrationi  to  be  composed  with  th« 
utmost  possible  care ;  for  as  it  is  of  service  to  boys  at  an  early 
age,  when  their  speech  is  but  just  commenced,  to  repeat  whal 
they  haTe  heard  in  order  to  improve  their  faculty  of  speaking ; 
(let  them  accordingly  be  made,  and  with  very  good  reason,  to 
go  orer  their  story  again,  and  to  pursue  it  from  the  middle, 
either  backwards  or  forwards ;  but  let  this  be  done  only  while 
they  are  still  at  the  knees  of  their  t«acber,  and,  as  they  can  ia 
nothing  else,  are  beginning  to  connect  words  and  things,  that 
they  may  thus  strengthen  their  memory;)  so,  when  they  shall 
have  attained  the  command  of  pure  and  correct  language,  ex- 
temporary garrulity,  without  waiting  for  .thought,  or  scarcely 
taking  time  to  rise,"  is  the  of&pring  of  mere  oatentatiouB 
boastmlness,  16.  Hence  arises  empty  exultation  in  ignorant 
parents,  and  in  their  children  contempt  of  application,  want  of 
all  modesty,  a  habit  of  speaking  in  the  worst  style,  the  practice 
of  all  kinds  of  faults,  and,  wlut  has  often  been  fatal  even  to 
great  proficiency,  an  arrogant  conceit  of  their  own  abilities. 
17.  There  will  be  a  proper  time  for  acquiring  facility  of 
speech,  nor  will  that  part  of  my  subject  be  lightly  passed  over 
by  me ;  but  in  the  mean  time  it  will  be  sufficient  if  a  boy  with 
all  his  care,  and  with  the  utmost  application  of  which  that  age 
is  capable,  can  write  something  tolerable.  To  this  piactice  let 
him  accustom  himself,  and  make  it  natural  to  him.  He  only 
will  snccead  in  attaining  the  eminence  at  which  we  aim,  or 
the  point  next  below  it,  who  shall  learn  to  speak  correctly 
before  he  learns  to  speak  rapidly. 

IB.  To  narrations  is  added,  not  without  advantage,  the  task 
of  reeling  and  confirming  them,  which  is  called  Ammua^  and 
Morasxtu^.f     This   may  he   done,  not  only  with   regard  to 


t  The  meaiMDg  of  tbeg«  terms  is  prattf  wall  intimsted  by  QuiotJlIu 
liiinKlf ;  ivaanii^  is  refutalion,  and  KArfunfn^  is  iMMrtioo.  Tumebna 
Mora  CDucernirg  them  mB;  be  Be«a  in  Aphthomm. 


D,j„.„^L,  Cookie 


CH.IV.']  IDDOATIOir  OF  AH  OBATOB.  101 

fabulous  snlgecta,  and  such  aa  are  related  in  poetry,  but  with 
regard  even  to  records  in  oar  own  onnala ;  as  if  it  be  inquired 
whether  it  is  credible  that  a  erote  Milled  upon  the  head  of 
Falerivi  when  he  teat  fighting,  to  annoy  the  face  and  eyet  of  hit 
Gallie  enemy  uilh  hit  beak  amd  mngi,*  tiiere  will  be  ampls 
matter  for  discussion  on  both  sides  of  the  question ;  IS.  as 
there  \nll  also  be  concerning  the  terpent,  of  which  Se^tio  it 
laid  to  have  been  frorn.f  as  well  as  about  the  wolf  of  Roaulmi, 
and  the  Egeria  of  Numa.  As  to  the  histories  of  tlie  Greeks, 
there  is  generally  licence  in  them  similar  to  that  of  the  poets. 
Questions  are  often  wont  tn  arise,  too,  concerning  the  time  or 
place  at  which  a  thing  is  said  to  have  been  done  ;  sometimes 
even  about  a  person ;  aa  Livy,  for  instance,  is  frequently  in 
doubt,  and  other  historians  differ  one  from  another.  .  ' 

SO.  The   popil   will    then   proceed   by  degrees  to  higher  V 
efforts,  to  praiie  iltnttrioiu  characters  and  eentmre  the  im- 
moral ;  an  exercise  of  manifold  advantage ;  for  the  mind  is 
thus  employed  aboot  a  multipKcity  and  variety  of  matters; 
the  understanding  is  formed  by  the  contemplation  of  good  and 
evil.     Hence  is   acquired,   too,   an   extensive   knowledge  of 
things  in  general ;   and  the  pupil  is  soon  furnished  with 
examples,  which  are  of  great  weight  in  every  kind  of  ctmses, 
and  which  he  will  use  as  occasion  requires.     31.  Next  succeeds     , 
exercise  in  comparison,  which  of  two  characters  is  the  better  or  ■* 
the  worse,  which,  thoi^h  it  ia  mantled  in  a  similar  way,  yet 
both  doubles  the  topics,  and  treats  not  only  of  the  nature,  but 
of  the  degrees  of  virtoes  and  of  vices.    But  on  the  mana^ment 
of  praise  and  the  coutraty,  as  it  is  the  third  part  of  rhetoric, 
I  shall  give  directions  in  the  proper  place.} 

92.  Common  placet,  (I  speak  of  those  in  which,  without 
specifying  persons,  it  ia  usual  to  declaim  i^ainst  vices  them- 
selves, as  against  those  of  the  adulterer,  the  gamester,  tht 
licentious  person,)  are  of  the  very  nature  of  speeches  on  trials 
and,  if  you  add  the  name  of  an  accused  party,  are  real  accu- 
sations. Tliese,  however,  are  usually  altered  from  their 
treatment  as  general  subjects  to  something  specific,  as  when 
the  subject  of  a  declamation  is  a  blind  adulterer,  a  poor 
gamester,  a  licentious  old  man.     S8.  Sometimes  also  they  havs 

•  LivT,  book  Yii. ;  AoL  OdL  U.  3. 

1  B.  til.  0.  T. 


b,  Google 


Ill)  QuiimuAir.  ^B.tL 

their  tue  in  a  defence;  for  we  occaaioually  speak  in  favour 
of  luxurg  or  lieentiouineM  ;*  and  a  procurer  or  parasite  £■ 

^.  sometimes  defended  in  such  a  wftj,  tmtt  we  advocate,  not  the 

X  perBon.l  bat  the  vice, 

134.  The»es,  which  are  drawn  from  the  compariaon  of  things, 
as  ahether  a  eoantry  or  eity  life  it  more  deairable,  and  tehether 
the  merit  of  a  lawyer  or  a  soldier  it  the  greater,  are  eminently 
proper  and  copious  subjecta  for  eiercise  in  speaking,  and  con- 
tribute greatlj  to  improvement,  both  in  the  province  of  persua^ 
aion  and  in  dbcuasiona  on  trials.  The  tatter  of  the  two 
sul^ects  just  mentioned  is  handled  with  great  copiousness  bj 
Cicero  in  his  pleading  for  Munena.  36.  Sach  theses  as  the 
following,  ahelher  a  man  ought  to  marry,  and  ahether  political 
offieet  should  be  toughl,  belong  almost  whoijj  to  tlie  deli- 
lierative  species,  for,  if  persons  be  but  added,  they  will  be 

■•  suasory.J 

36.  My  teachers  were  accustomed  to  prepare  us  for  eotgee- 
tural  caMei§  bj  a  kind  of  exercise  iar  from  useless,  and  very 

I  pleasant  to  us,  in  which  thej  desired  us  to  investigate  and 
show  why  Venw  among  the  Lacedamoniant  wot  represented 
armed;  ||  ahg  Cupid  was  thought  to  be  a  boy,  and  winged,  and 
armed  with  arrows  and  a  torch,%  and  questions  of  a  simikt 
nature,  in  which  we  endeavonred  to  ascertain  the  intention,  or 
object  about  which  there  is  so  often  a  question  in  controver- 
sies.    This  may  be  regarded  as  a  sort  of  cArin.'* 

J  37.  That  such  questions  as  those  about  witnesses,  ahether 
v-  ought  always  to  believe  them,  and  concerning  arguments, 

I  vhether  we  ought  to  put  aay  trust  in  trijting  ones,  belong  to 

*  Q«aiwt  oburrefl  th>t  Cioero  lus  done  samething  of  thU  kind  in  tui 
amtioD  Ajt  Cgsbua,  though  with  great  caation  and  modesty.  There  is 
certainly  some  palliation  of  t^se  vicee  ofiered  in  □.  17—21.    Raiding, 

t  For  then  it  would  cease  to  be  a  toeut  conintunfi,  and  become  a 
eautt.    Spalding. 

it  Sttaaoria,  pomiasoiy  or  diasuoeory,  i.e.  delibflrative. 

S  In  which  it  i»  inqnired  whether  a  thing  ia,  or  is  not ;  why  any- 
thing is  as  it  is ;  with  what  intention  auytliing  was  done.  Such 
questions  were  naid  to  belaog  to  the  sUiitis  eotyeciMroHi ;  see  b.  viL 
c.  2.     Cappennier. 

II  The  cause  ia  sud  by  LoctantiuB,  lost.  Div.  L  20,  to  have  been  tbi 
hnvery  eihihited  by  the  Spartan  women  on  a  eertdn  occasion  sgainsl 
the  Meeaeniana,  when  s  temple  wsa  voWMl  to  P«ftw  amata, 

K  See  Propert.  ii,  8. 

•■  See  i.  »,  *. 


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OH.IV.J  EDUCATIOK  OF  AN   ORATOR.  JII 

Ibrensic  pleading,  is  so  manifest  that  aomo  speakera,*  not 
undistinguished  in  civil  offices,  have  kept  them  ready  in  writ 
ing,  and  have  carefully  commiUed  them  to  memoiy,  that, 
nhenever  opportuni^  should  oiler,  tlieir  extemporoi^  epeechei 
might  be  decorated  with  them,  as  with  ornaments  fitted  into 
them.t  £8.  By  which  practice,  (for  I  cannot  delay  to  express 
my  judgment  on  the  point,)  they  appeared  to  me  to  confers 
great  weakness  in  themselves.  For  what  con  such  men  pro- 
duce appropriate  to  particular  causes,  of  which  the  aspect  is 
perpetually  raried  and  new  ?  How  can  they  reply  to  qnestiona 
propounded  by  the  opposite  party  ?  How  can  they  at  once 
meet  otyections,  or  interrogate  a  witness,  when,  even  on  topira 
of  the  commonest  kind,  such  as  are  handled  in  most  causes, 
they  are  unable  to  punue  the  most  ordinaiy  thoughts  in  any 
wo^s  but  those  which  they  have  long  before  prepared  ?  30. 
When  tbey  say  the  same  tiings  in  various  pleadings,  their 
cold  meat,  as  it  were,  served  up  over  and  over  again,  must 
either  create  loathing  in  the  speakers  themselves,  or  their 
unhappy  household  furniture,  which,  as  among  the  ambilJous 
poor,  is  wom  out  by  being  used  for  several  different  purposes, 
must,  when  detected  so  often  by  the  memoiy  of  their  hearers, 
cause  a  feehng  of  shame  in  them  ;  30.  especially  as  there  is  ^^ 
scarcely  any  common  place  so  common,  which  can  incorporate! 
well  with  any  pleading,  unless  it  be  bound  by  norae  link  toL  /' 
the  peculiar  question  under  consideration,  and  which  will  not!  ^ 
showj  that  it  is  not  so  much  inserted  as  attached  ;  31.  either) 
because  it  is  unlike  the  rest,  or  because  it  is  veiy  frequently 
borrowed  without  reason,  not  because  it  is  wanted,  but  because 
it  is  read; ;  as  some  speakers,  for  the  sake  of  sentiment,  in- 
troduce the  most  verbose  common  places,  whereas  it  is  from 
the  sulgect  itself  that  sentiments  ought  to  arise.  9S.  Such  V 
remarks  are  ornamental  and  useful  if  they  spring  from  the  | 
question,  but  every  remark,  however  beautiful,  unless  it  tends  |-r 
to  gain  the  cause,  is  certainly  superfluous,  and  sometimes  | 

*  As  Hortennui ;  see  ii.  1, 11.    Spalding. 

t  AnilnniUu.)  The  word  Bi^iGea  lUijthiDg  that  in  inHrbtd  in  or 
^plied  to  any  ottier  thing.  ThuB  iu  Cicero  mbltmata  b  nied  for 
onwrnsnta  attached  to  gold  and  lilver  vases,  capable  of  being  taken  oil 
•t  plealure.     HolUn. 

J  Appareatgut.]  The  eenae  of  the  teit  is  clear,  but  the  conBtructlon 
obscure  ;  nor  has  an;  satiafactoiy  expluiatiou  or  emeod*tian  of  it 
bMD  propoaed. 


D,j„..;^L,  Cookie 


119  '>UIHTILUN, 


Li.n 


even  ■aoi'onaj  Bui  this  digressioD  baa  been  Bufficiently  pro 
lotted. 

93.  The  praitt  or  eenture  of  lates  requiies  mora  mature 
powers,  such  as  may  almost  gufflce  for  the  ver;  highest  efforts. 
Whether  this  exercise  partakes  more  of  the  nature  of  delibera- 
tive or  controversial  oratoi?,  is  a  point  that  varies  according  to 
the  custom  and  right  of  particular  nations.  Among  the 
Greeks  the  proposer  of  laws  was  called  to  plead  before  the 
judge ;  among  the  Romans  it  was  customary  to  recommend  or 
disparage  a  law  before  the  public  assembly.*  In  either  case, 
however,  few  arguments,  and  those  tdmost  certain,t  are 
advanced ;  for  there  are  but  three  kinds  of  laws,  relating  to 
tacred,  public,  or  private  rights.  S4.  This  division  has  regard 
chiefly  to  the  commendation  of  a  law,];  as  when  the  sp^er 
extols  it  by  a  kind  of  gradation,  because  it  is  a  law,  because  it 
is  public,  because  it  is  niade  to  protnate  Ike  aorihip  of  the  goeU. 
3S.  Points  about  which  questions  uauallj  arise,  are  common  to 
all  lawsjS  for  a  doubt  may  be  started,  either  concerning  the 
right  of  him  who  proposes  the  law,  (as  concerning  that  of 
Publiui  Clodivi  who  wot  accused  of  not  haoing  been  properly 
created  tribuiie,\\)  or  concerning  the  validity  of  the  proposal 
itself,  a  doubt  which  may  refar  to  a  Tariety  of  matters,  as  for 

*  CertuD  judges  were  appointed  by  the  asnemblj  of  the  peopl« 
called  Bomethtta,  before  whom  the  proposer  of  >  new  law  had  to  apper>r 
and  support  it;  hi>  adverssriee  were  the  defenders  of  the  old  law 
which  the  new  one  would  abrogRte.     Spalding. 

t  Fare  cerlo.]  In  oppoaitioD  to  tile  particulani  to  which  ha  oUudea  la 
the  following  section,  de  giii&tu  ^tkcrt  toltt,  i.t.,  dihitari.  The  orgn- 
mente  adTaoeed  in  farour  or  condemnation  of  a  law  ara  gonerully  snch 
aa  can  have  but  one  tendency,  that  is,  to  prove  the  law  to  be  either 
eitremel;  good  or  extremely  bad  ;  they  are  vet;  Beldam  such  aa  oan 
be  turned  to  advaatoge  on  rather  aide  of  the  qo^ton.    Spalding. 

X  It  is  only  howerec  tlie  old  law  that  can  be  thtu  prausd ;  for  the 
new,  when  it  is  proposed,  is  not  properly  a  law.     Spaiding, 

S  The  points  meant  by  QuintiUon,  says  Spalding,  are  such  as  rsgtiA. 
the  mere  form  and  mode  <^  propoang  or  brmging  forward  a  law ;  tat 
whether  a  law  was  good  or  bad  wonld  t,^ftm  from  the  uatore  and 
tendency  of  it. 

II  ClodiuB,  being  n  patrician  by  birth,  could  not  he  made  a  tribmu 
of  the  people,  without  having  been  first  made  a  plebeian  by  adoption. 
Cicero  mamtained  that  his  adoption  had  been  irregular.  Pro  Domo.  e. 
13—17,  where  reference  is  also  made  to  the  auitpica  and  to  thrn 
arktt-dagt ;   on  which  the   reader   may  OMisult   KroesM'*  Clana 


Digiiizcdt*  Google 


H.IT.]  KDUOArmN   OF  AN  OKATOS.  US 

tnatsiioe,  tfkelher  the  propoKtl  has  been  publiihed  on  three 
mtarket  dM/a,  or  whether  the  Uw  isaj  be  said  to  have  beea 
proposed,  or  to  be  proposed,  on  an  improper  day,  or  contrary 
to  proteitt,  or  to  the  aiupieet,  or  in  any  other  way  at  variance 
with  legitimate  proceeding*;  or  whether  it  be  oppoted  to  any 
law  tlill  in  J^ce.  36.  But  such  comiderationB  do  not  eDt«( 
into  itieae  early  eierciBee,  which  ore  without  any  allusion  to 
persons,  timee,  or  putiealar  causes.  Other  points,  whether 
treated  in  real  or  fietitioua  discussions,  are  much  the  same ; 
for  the  fiuilt  of  any  law  most  be  either  in  uorda  or  tn  matter. 
87.  As  to  words,  it  is  questioned  whether  they  be  tufficienthf 
exjtreitive ;  or  whether  there  U  any  ambigvily  in  them ;  as  to 
matter,  whether  the  law  i»  eontiitent  with  itielf;  whether  it 
ought  to  have  reference  to  patt  Ume,  or  to  inditidwtU.  Bat 
the  most  common  inquiry  is,  whether  it  be  proper  or  expedient. 
38.  Nor  am  I  ignorant  that  of  this  inquiry  many  divisions 
are  made  by  most  profesaois  ;  but  I,  under  the  term  proper, 
include  oomistency  with  jntliee,  piety,  religion,  and  other 
Bimilar  virtues.  The  consideration  (tt  justice,  however,  is 
usually  discussed  with  reference  to  more  than  one  point ;  for 
a  question  may  either  be  raised  about  the  subject  of  the 
law,  as  whether  it  be  deterving  of  punithment  or  reward,  or 
about  die  measure  of  reaard  or  pvnithmeni,  to  which  an  ol^ec- 
tion  may  be  taken  as  well  for  being  too  great  sa  too  little.  30. 
Expediency,  also,  is  sometimee  determined  by  tlie  nature  oi 
the  measure,  sometimee  by  the  circumstances  of  the  time. 
As  to  some  laws,  it  becomes  a  question,  whether  they  can  be 
enforced.  Nor  ought  students  to  be  ignorant  Hmt  kws  are 
sometimes  censured  wholly,  sometimes  partly,  as  examples  of 
both  are  afibrded  us  in  highly  celebrated  orations,  40.  Nor 
does  it  escape  my  recollection  that  there  are  laws  which  are 
not  proposed  for  perpetuity,  but  with  regard  to  temporary 
honoiui  or  commands,  such  as  the  ManiUan  law,  about  which 
there  is  an  oration  of  Cicero.  But  concemii^  these  no  direc- 
tions can  be  given  in  this  place ;  for  they  depend  npon  the 
peculiar  nature  of  the  subjects  on  which  the  discusdon  is 
raised,  and  not  on  any  general  consideration. 

41.  On  such  subjects  did  the  ancients,  for  the  most  part, 
exercise  the  faculty  of  eloquence,  borrowing  their  mode  of 
argument,  however,  from  the  logicians.  To  speak  on  fictitious 
cases,  in  imitation  of  pleadings  in  the  forum  or  in  public  couu- 


D,j„..;uL,  Cookie 


114  QUINTTLUN.  [l.A 

eita;  is  generally  allowed  to  have  become  a  praetiM  among 
tho  Gieeks,  about  the  time  of  Demetrius  Phalereos.  49. 
Whether  that  sort  of  exercise  waa  in* enud  by  him,  I  (as  I 
have  acknowledged  also  in  another  book*)  have  not  eoooeeded 
in  discovering ;  nor  do  those  wbo  afl^m  most  positively  that  hfl 
did  invent  it,  rest  Ibeir  o^nnion  <hi  anj  miter  at  good  an- 
thoritjr;  bat  Uiat  the  Latin  teat^is  of  ebqueoce  commenced 
this  practice  towards  the  end  of  the  life  of  Looiaa  Craasus, 
Cicerot  tells  oa;  of  which  teach«s  the  most  eminent  was 
Plotius. 


CHAPTER  V. 


ooinpomtim  m^  aomatimes  be  read,  to  exetOM  tlui  pupil's  jud^ 
maii,  10—13.  UaefulDeas  at  thia  excrciae,  14—17.  Beat  satJiDn 
to  be  read  at  an  earlj  age,  18 — 30.  The  pupil  ahould  be  oautioiia 
of  imitatiiig  veiy  onraent  or  veiy  modem  writei^  21 — SS. 

I.  But  of  the  proper  mode  of  declaiming  I  shall  speak  a 
little  further  on ;  in  the  mean  yAah,  aa  we  are  Seating  of  the 
&iBt  rudiments  of  riietoric,  I  shoold  not  omnt,  J  think,  to 
observe  how  much  the  professor  woold  contribute  to  the 
advancement  of  his  pupils,  if,  aa  the  explanation  of  the  poeta 
is  required  from  teachers  of  graauoar,  so  he,  in  like  manner, 
would  exercise  the  pupils  ui^er  bis  core  in  the  reading  of 
history,  and  even  BtUl  more  in  that  of  speecbea ;  a  practice 
which  I  myself  have  ^opted  in  the  case  of  a  few  popils,  whose 
aga  required  it,^  and  whose  parents  thought  it  woi^d  be  ser- 
viceable to  them.  2.  But  though  I  then  deemed  it  an  ex- 
cellent method,  two  circumstances  were  obetructiona  to  the 

*  H  that  ackoowledgmeDt  was  mads  in  the  book  Dt  Ca\uu  (7orn>p<(t 
SlaqiiKntia,  it  di>e>  not  ooctir  in  the  DiaJogue  which  we  have  under 
that  title.    Spalding. 

t  De  Ont.  iii.  21.  Concemlng  Plotiiu,  see  Snel  de  Clar.  Rhet.  Mp. 
2 ;  Seneca  Kbet.  p.  ItU  Bqi. ;  Vuro  in  bagm.  p.  3S9  BifL ;  Quintjliu, 
xi.  3,  lis.    iS^aMtn$r. 

X  For  most  of  his  pupDi,  aoooi^ing  to  the  euatom  <d  the  Botnao^ 
'    '  ^  QuintiUM  at  too  tdnoMd  an  as*.  See  &  1,  sect.  1  and  9. 


D,j„..;uL,  Cookie 


'■] 


EDCCATIOM  OF  AN  OKATO*. 


pracdce  of  it ;  that  long  cnstom  had  eatahlished  a  different 
node  of  teaching  and  that  the;  were  mostlj  full-growD  youths, 
who  did  not  require  that  exercise,  that  were  forming  diem- 
•elves  on  my  nu>del.  3.  But  though  I  should  make  a  neir 
discovery  ever  eo  late,  I  should  not  be  ashamed  to  recommend 
it  for  the  future.  I  know,  however,  that  this  is  now  done 
among  the  Greeks,  but  chiefly  by  assistaitt-masteia,  edoce  the' 
time  would  seem  hardly  sufGcient,  if  the  professors  were 
always  to  lecture  to  each  pupil  as  he  read,  8.  Such  lecturing, 
indeed,  as  is  given,  that  boys  may  follow  the  wtiliug  of  an 
author  eaeSy  and  distinctly  with  their  eyes,  and  such  even  as 
explains  the  meaning  of  every  word,  at  all  uncommon,  that 
oocurs,  ie  to  be  regarded  as  far  below  the  profession  of  a 
teacher  of  rhetoric 

5.  But  to  point  out  the  beauties  of  authors,  and,  if  occasion 
ever  present  iteeU^  their  foulta,  is  eminently  consistent  with 
that  profession  and  engagement,  by  which  he  offers  himself  to 
the  pablio  as  a  master  of  eloquence,  especially  as  I  do  not 
require  such  toil  from  teachers,  that  they  should  coll  their 
pupils  to  their  lap,  and  labour  at  the  reading  cd  whatever  book 
each  trf  them  may  fancy.  8.  For  to  me  it  seems  easier,  as 
well  as  far  more  advsiitageous,  that  the  master,  after  calling 
lor  silence,  should  appoint  some  one  pupil  to  read,  (and  it  will 
be  beet  that  this  du^  should  be  imposed  on  them  by  turns,) 
that  they  may  thus  accustom  themselves  to  clear  pronuncia-| 
lion;  7.  and  then,  after  explaining  tlie  cause  for  which  the 
oration  was  composed,  (for  so  that  which  b  said  wil]  be  better 
Bndeistood,)  that  he  should  leave  nothing  unnoticed  which  is 
important  to  be  remained,  either  in  (he  ihought  or  the  lav' 
guage;  that  he  should  observe  what  method  is  adopted  in  the 
exmrdhm  for  condliating  the  judge ;  what  eleameu,  brevity, 
~^  and  apparent  sineeritg,  is  diiiplayed  in  the  ttatement  of  facta  ; 
what  dnit/n  there  is  in  certain  passages,  and  what  weU  eon- 
'  cealed  artifiet ;  (for  that  is  the  only  true  art  in  pleading  which 
-cannot  be  perceived  except  by  a  skilful  pleader;)  8,  what 
judgment  appears  in  the  division  of  the  matter ;  how  subtle 
and  nt^ent  ie  the  art/timentation ;  with  what  force  the  speaker  ; 
excites,  with  what  amenity  he  soothes :  what  severity  ia  shown 
in  his  invtetivet,  what  urbanity  in  his  jtaU;  how  he  com-  ' 
manda  the  feelings,  forces  a  way  into  the  understanding,  and 
makes  the  opinions  of  the  judges  coincide  with  what  ha 
I  a  I 


D,j„..;uL,  Cookie 


lie  QUINTILIAN.  £b.U 

I  asserts,  n.  In  regard  to  the  ilyU,  toe,  he  should  notice  aof 
/  •xpressioD  that  ia  pecoliarl;  appropriate,  elegant,  or  sublime ; 
I  ivheD  the  ampUfieatiov  deserves  praise;  what  quality  is  op- 
I  posed  t'l  it,  what  phrases  are  happi'y  metapkorieal,  what 
i  figures  of  speech  are  used,  what  part  of  tfie  eon^otilitm  il 
,'  ''  Bmeoth  and  polished,  and  yet  manly  and  vigoroua.y 
''  10.  Nor  is  it  without  advantage,  indeed,  that  inelegant  and 

I  taxHty  speeches,  yet  auch  as  many,  from  dniraviiy  of  taste, 
I  would  admire,  ^auld  be  read  before  boys,  and  that  it  should 
be  shown  how  many  expressions  in  them  are  inappn^riate, 
obscure,  tumid,  low,  mean,  afiected,  or  effeminate;  expressions 
which,  however,  are  not  only  extolled  by  many  readeia,  bat, 
what  is  worse,  are  extolled  for  the  very  reason  that  they  are 
f^  vicione ,  1 1 .  for  straight-forward  language,  naturally  expressed, 
seems  to  some  of  us  to  have  nothing  of  genius ;  bnt  what^^vei 
departs,  in  any  way,  from  the  common  course,  we  admire  as 
something  exquisite ;  as,  with  some  persons,  more  regard  L 
shown  for  figures  that  are  diBt«rt«d,  and  in  any  reaped 
monstrous,  than  for  such  ae  have  lost  none  of  the  advantagea 
of  ordinary  conformation.  19,  Some,  too,  who  are  attracted 
by  appearance,  think  that  there  is  more  beauty  in  men  who 
are  depilated  and  smooth,  n'ho  dress  their  locks,  hot  from  the 
curling-irons,  with  pins,  and  who  are  radiant  with  a  com- 
plexion not  their  own,  than  unsophisticated  nature  can  give; 
as  if  beauty  of  person  could  be  thought  to  spring  from  cor- 
rupdon  of  manners. 

13.  Nor  will  the  preceptor  be  under  the  obligation  merely 
U)  toach  these  things,  but  frequently  to  ask  questions  upon 
them,  and  try  the  judgment  of  his  pupils.  Thus  careleasnesi 
will  not  come  upon  them  while  they  listen,  nor  will  the  instntc 
tions  that  shall  be  given  fail  to  enter  their  ears ;  and  they 

I  will  at  the  same  time  be  conducted  to  the  end  which  is  sought 
in  thia  exercise,  namely  that  they  themselves  may  conceive 
and  understand.  For  what  ahjflcLjiavejvtL'n  teaching  them. 
iuUhst.they  may  not  always  require  to  be  tauBlit_? 

14.  I  will  venture  to  say  that  thia  sort  of  diligent  exercise 
will  contribute  more  to  the  improvement  of  students  than  all 
Ute  treatises  of  all  the  rhetoricians  that  ever  wrote  i  which 
doiibtleas,  however,  are  of  considerable  use,  but  their  scope  is 
more  general ;  and  how  indeed  can  they  go  into  all  kinds  of 
questions  that  arise  almost    eveiy  day?      15.   So,   though 


D,j„..;uL,  Cookie 


CB.T.]  KDtJCATIOH  OP  AS  O&JLTOK.  HI 

eertain  general  precepts  are  given  in  the  militaiy  art,  it  wi| 
jet  be  ckT  &r  more  advantage  to  kuow  what  plan  any  leadec 
lias  adopted  wisely  or  imprudentlj,  and  in  what  place  or  at 
what  time ;  for  in  almost  eveiy  art  precepts  are  of  much  less 
avail  than  ptKcdcal  experiments.  16.  Shall  a  teacher  declaim 
that  he  may  be  a  model  to  his  hearera,  and  will  not  Cicero 
and  DemosliieneB,  if  read,  profit  them  more?  Shall  a  pupiL 
if  he  commits  &mlts  in  declaiming,  be  ooirected  before  the 
reat,  and  will  it  not  be  more  serviceable  to  him  to  correct  the 
speech  of  another?  Indisputablf ;  and  even  more  t^reeable  ; 
for  every  «ne  prefers  that  others'  faults  should  be  blamed 
rather  than  his  own.  IT.  Nor  are  there  wanting  more  argu- 
ments for  me  to  ofTer ;  bat  the  advantage  oS  this  plan  can 
escape  the  observation  of  no  one  ;  and  I  wish  that  there  ma' 
not  be  M  much  unwiUingoess  to  adopt  it  as  there  will  be 
pleasure  in  having  adopted  it.* 

18.  If  this  method  be  followed  there  will  remain  a  question 
not  very  difficult  to  answer,  which  is,  what  authors  ought  to 
be  read  by  beginners?  Some  have  recommended  inferior 
wiitera,  as  they  thought  them  easier  of  comprehension  ;  others 
have  advocated  the  more  florid  kind  of  writers,  as  being  better 
adapted  to  nourish  the  minds  of  the  young.  10.  For  my 
part,  I  would  have  the  beat  authors  commenced  at  once,  and  .  y 
read  always;  but  I  would  choose  the  dearest  in  stjle.  and  V' 
fnost  int^j^j(f^^p^« ;  recommending  Livyi  for  iuBtanceT^  bo 
read  by  boys  rather  than  Sallust,  who,  however,  ia  the  greater 
histoiiaUit  but  to  understand  him  there  is  need  of  some  pro 
ficiency.  20.  Cicero,  as  it  seems  to  me,  is  agreeable  even  to 
b^ptmers.  and  sufficiently  intelligible,  and  may  not  only  profit, 
out  even  be  loved;  and  neit  to  Cicerc^  (as  livy^  advises,) 
Buch  authors  as  moet  resemble  Cicero. 

SI.  There  are  two  points  in  style  on  which  I  think  that  the 
greatest  caution  should  be  used  in  respect  to  boys:  one  is 

*        *  Oaooer  vwyjodidoud;  obaerra  UutJMwt  should  beinaaitad  in     \ 
tlw  tazt  batmen  jitdM  and  iton  diiflieMt. 

■t  Tbtov  has  been  much  diHumon  unong  critics  m  to  whether  Ue 
In  He  hitlmia  major  at  auoar  te  to  be  reierred  to  S^iut  or  livj ;  but 


a  who  refen  to  Uartial,  ut.  191 ;  TelL 


k  ought  to  be  referred  to  SalluBt,   will  not  be  doiibt«d^  w 
haldins  obnrvei,  b;  any  one  who  refen  to  Uartii '  "  " 

fU.  iL  »:  laM.  Ann,  iu.  80  ;  Sen.  Rbet  p.  2T4. 

t  Qnintillaii  TanaU  tlili  adrice  at  Livj  In  z.  1,  B9,  where  ha  nj* 
Hut  it  wsi  ijven  m  s  letter  to  bia  ion.  But  tiwlettoiu  lost.  .^poMMV* 


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116  QtmiTtLuir.  fB.tL 

th&t  na  mut«r,  &om  being  too  maoh  an  admimr  of  antiqtiitf, 
should  (tllow  them  to  harden,  aa  it  were,  in  the  reading  of  tha 
Oraochi,  Cato  *  and  other  like  authors ;  for  the^  wodd  thos 
become  anoouth  and  drj :  since  thej  cannot,  as  yet,  ^Qde^ 
stand  their  force  of  thougbt,  and,  content  vith  adopting  their 
.8^)e,  idiich,  at  the  time  it  was  written,  was  doubtless  ex 
cellent,  but  b  quite  nnsuitable  to  oar  day,  thej  will  t^pear  to 
themselves  to  resemble  those  eminent  men.  99.  The  other 
point,  which  is  the  opposite  of  the  former,  is,  lest,  being 
captivated  with  the  fiowers  of  modem  affectation,  &6j  should 
be  so  Bsdooed  by  a  corrupt  kind  of  pleaeure,  as  to  love  that 
luscious  manner  of  writing  which  is  the  more  agreeable  to  the 
minds  of  vouth  in  proportion  aa  it  has  more  affinity  with 
them.  33.  When  their  taste  is  formed,  however,  and  ont  of 
danger  of  being  corrupted,  I  should  reoommend  them  to  read 
not  only  the  ancients,  (from  whom  if  a  solid  and  manly  force 
of  thonght  be  adopted,  while  the  rust  of  a  rude  e^  is  cleared 
oif,  our  present  style  wiU  receive  additional  giaoe,)  bat  also 
the  writers  of  the  present  day,  in  whom  there  is  much  merit. 
Hi.  For  nature  has  not  condemned  us  to  stupidity,  bnt  we 
ourselves  have  changed  our  mode  of  speaking,  and  hare 
indulged  onr  &nciea  more  than  we  ou^t;  and  thus  the 
ancients  did  not  excel  us  so  much  in  genius  as  in  severity  ot  - 
manner.  It  will  be  possible,  ther^ore,  to  select  from  the 
tnodems  many  qualities  for  imitation,  but  care  mast  be  token 
that  they  be  not  contaminated  with  other  qualities  with  which 
they  are  mixed.  Yet  that  there  have  been  recently,  and  are 
now,  many  writers  whom  we  may  imitate  entirely,  I  would  not 
only  allow,  (for  why  should  I  not?)  but  even  affirm.  3S.  But 
who  they  are  it  is  not  for  everybody  to  decide.  We  may  even 
err  with  greater  safety  in  r^nrd  to  the  an(nenta ;  and  I  would 
therefore  defer  the  reading  «^  the  modems,  that  imitation  may 
not  go  before  judgment. 


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BDDCATIOS  or  AS  ORATOR. 

CHAPTER  VI. 


1.  There  haa  been  aim  a  diversitj  of  practice  among 
teachers  in  the  following  Aspect.  Some  of  them,  oot  ood- 
flaiiig  diemadves  to  giving  directions  as  to  the  diviBion  of  anj 
Bul^t  which  they  ossignsd  their  pupib  for  declamation, 
developed  it  more  full;  b;  speaking  on  it  themselves,  and 
amplified  it  not  only  with  proofs  but  with  appeals  to  the 
ibeUngs.  9.  Others,  giving  merely  the  first  oi^lines,  ex- 
patiated after  the  decUm^tionB  were  oompoeed,  on  ivbatevec 
points  each  pupil  had  omitted,  and  polished  some  passages 
with  no  less  care  than  they  would  have  used  if  they  had  them- 
selves bees  nsing  to  speak  in  public. 

Both  methods  are  beneficial ;  and,  therefore,  for  my  owa 

C,  I  give  no  distinction  to  either  of  them  above  the  other ; 
.  if  it  shonld  be  necessary  to  follow  only  one  of  the  two. 
it  will  be  of  greater  service  to  point  out  the  right  way  at  first, 
than  to  ncall  those  who  have  gone  astray  from  their  errors ; 
3.  first,  because  to  the  subsequent  emendation  they  merely 
listen,  but  the  preUminary  division  they  cany  to  their  medita- 
tion and  theii  composition  ;  and,  secondly,  because  they  more 
willingly  attend  to  one  who  gives  direetiona  than  to  one  who 
finds  bults.  Whatever  pupils,  too,  are  of  a  high  spirit,*  are 
apt,  especially  in  the  present  state  of  manners,  to  be  angry  at 
adroonitioQ.  and  offer  silent  resistance  to  it.  4.  Mot  that 
faults  are  therefive  to  be  less  openly  corrected  ;  for  regard  is 
to  be  had  to  the  other  pupils,  who  will  think  that  whatever  the 
master  has  not  amended  is  right  But  both  methods  should 
be  united,  and  used  as  occasion  may  require.  To  beginners 
should  be  given  matt»  deB^ed,t  as  it  were,  beforehand,  iu 
proportion  to  the  abilities  of  each.  But  when  they  shall 
appear  to  have  formed  themselves  sufficiently  on  their  model. 


ing  hi*  opinion     . 

thought  that  th«  word  mesot  atate  provec^iora. 

f  Pn^oTBiata.'i  A.  mebiphorical  expresaiau  borrovad  from  srchitectB, 
who  skeMi  ont  their  work  either  by  Ktogn^aa,  •cbuyrapAtii,  oc 
Ht^o^rapAM.    Tumebui. 


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130  QUIHTILUir  [s.n 

a  few  brief  directions  may  be  given  them,  following  nbioh, 
they  may  advance  by  tbeir  own  atrength  without  any  Bapport. 

6.  It  b  proper  that  they  should  sometimes  be  left  to  tbem- 
eelvee,  lest,  from  the  bod  habit  of  being  always  led  by  thft 
efforts  of  others,  they  sfaonld  lose  all  capacity  of  atlemptii^ 
and  producing  anything  for  tbemselvM.  But  wfaen  they  seem 
to  judge  pretty  accurately  of  what  ought  to  be  said,  the  labour 
of  the  teacher  b  almost  at  an  end;  though,  should  they  still 
commit    errors,   they  must    be   again   put    under  a  guide. 

7.  Something  of  this  kind  we  see  birds  practise,  which  divide 
food,  collected  in  tbeir  beaks,  among  tbor  tender  and  helpless 
young  ones ;  but,  when  they  seem  sofficiently  grown,  teach 
tbem,  by  degrees,  to  venture  ont  of  the  neet,  and  flutter 
round  their  place  of  abode,  themselves  leading  the  way ;  and 
at  last  leave  their  stret^tb,  when  properly  tned,  to  the  open 
Bky  and  their  own  self-confidence.* 

*  Talcrina  FUoaui^  viL  8T6 : 

Qnalis  ftdbuc  teneriw  luprtmiun  pallida  ftcotuB 

Hatar  ab  eicebo  prodmit  in  afirn  nido, 

Hortatarqns  Beqai,  brevibuBque  iDBnrgere  pannis  ; 

lUoB  ctenilei  pnmuB  ferit  horror  Olympi ; 

Jamqne  redin  togan^  adauetaqoe  quEeriiur  ubor. 

As  when  the  aoziotu  dam  bar  tender  young 

Leads  from  tbeir  lof^  nest  to  loftier  akies, 

INddinr  tbem  tollow  bta,  and  riae  upborne 

On  haU-nown  wings ;  the  Uue  eipanne,  fint  tried, 

Strikea  uiem  with  draul ;  they,  flntteriug,  ohirp  for  leave 


Of  wbioh  lines  the  germ,  oa  Bornuum  ramarka,  is  found  ia  OtI^ 
Met  viU.  SIS  1 

Telnt  alea  ab  alto 

Qoe  tenenm  prolem  prodoxit  in  a6ra  nido, 

Hortatorqua  atqai. 
The  aimila  ii  very  happily  adopted  by  QoldHnith; 

And  M  a  bird  each  fond  andeammt  tries. 

To  Inn  her  new-fledged  offlipiing  to  tlie  ['rit. 


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IDDCATIOM  OF  AK  ORATOR 


CHAPTER  VII. 


1.  Ohx  ehuige,  I  think,  should  certainly  be  mad«  in  what 
is  cuBtomaiy  wiib  regard  lo  the  age  of  which  we  are  e^»e«kiDg. 
Pupils  sliould  not  be  obliged  to  learn  by  heart  what  thej  have 
cotupoBed,  and  to  repeat  it,  as  is  usual,  on  a  certain  day,  a 
task  which  it  is  fetbeia  that  principally  exact,  thinking  that 
their  children  then  only  study  when  they  repeat  frequont 
declamatioiis ;  whereas  proficiency  depends  chiefly  on  the  dili- 

+—  gent  cultivation  of  s^le,  S.  For  though  I  would  wish  boya 
to  compose,  and  ta  spend  much  time  in  that  employmeut,  yet, 
as  to  learning  by  heart,'  I  would  rather  recommend  for  that 
purpose  select  pasaages  fmia  orations  or  histories,  or  any  other 
sort  of  writiugB  deserving  of  such  attention.  3.  The  memory 
will  thus  be  more  efficiently  exercised  in  maatering  what  is 

— V  another's  than  what  is  their  own  ;  and  those  who  shall  have 
been  practised  in  this  more  difficult  kind  of  labour,  will  fix  in 
their  minds,  without  trouble,  what  they  themselves  bavs 
composed,  as  being  more  familiar*  to  them ;  they  will  bIbo'  \ 
accustom  themselves  to  the  best  compositbns,  and  they  will 
always  have  in  their  memory  something  which  tliey  may 
imitate,  and  will,  even  without  being  aware,  re^produco  that 
feshion  of  style  which  they  have  deeply  impressed  upon  theii 
minds.  4.  They  will  have  at  oonunaud,  moreover,  an  abun- 
dance of  the  beat  words,  phrases,  and  figures,  not  sought  for 
the  occa^on,  but  offering  themselves  spontaneously,  as  it 
were,  from  a  store  treasured  within  them.  To  this  is  added^ 
the  power  of  quoting  the  happy  expressions  of  any  author, 
which  is  agreeable  in  common  conversation,  and  useful  in 
pleading ;  for  phraaes  which  are  not  coined  for  the  sake  of  thq 
in  hand  have  tiie  greater  weight,  and  often  gain  09 


more  ^plause  than  if  they  were  our  own. 

6.  Yet  pupils  should  sometimes  be  permitted  to  recite  what 
they  themselTee  have  written,  that  they  may  reap  the  foil 


*  Spalding  nMotfimiliarlmt  In  hU  t«xt,  bat  hai  m  doubt  thai 
fammaria,  ^van  iij  Obracbt,  U  lh«  tra«  reading,  . 


dwind,*  Tins  peroiorioii  will  most  properly  be  gnu)t«d 
whon  tbey  have  produced  umathii^  more  polished  tfaau  ordi- 
nary,  tfa&t  the;  may  thus  be  preBeuted  «rim  some  return  for 
their  atud;,  and  r^oioe  that  they  have  deserved  to  recite  their 
oompoeition. 


CHAPTER  nil. 

TuWtf  of  talsnt  and  diipoaition  in  pupils  raqniiM  Tsris^  of  trMt- 
DMDt,  1 1 — B.  How  tax  an  indination  tot  any  nrttoolar  tine  6f 
■to^r  ■kould  ba  cBoooiafed  and  ooltinted,  I — 15. 

1.  It  is  generally,  and  not  without  reason,  r^arded  as  aa 
•zccUeut  quality  ia  a  master  to  obaerve  accurately  the  differ- 
ences of  ability  in  those  whom  he  has  undertaken  to  instruott 
and  to  ascertain  in  what  direotion  the  nature  of  each  particu- 
larly inclines  him ;  for  there  is  in  talent  an  incredible  variety ; 
nor  are  the  forms  of  the  mind  fewer  than  those  of  the  body^ 
S.  This  may  be  underatood  even  &om  oratora  themselves,  who 
differ  so  much  from  each  other  in  their  style  of  spee^ng,  that 
no  one  is  like  another,  thoi^h  moat  of  diem  have  set  them* 
selvee  to  imitate  those  whom  they  admired.  3.  It  has  also 
been  thought  advantageous  by  most  teachers  to  matnict  each 
pupil  in  such  a  manner  as  to  cherish  by  learning  the  good 
^qualities  inherited  from  nature,  so  that  tlie  powers  may  be 
assisted  in  their  progress  towards  the  object  to  which  they 
ohieSy  direct  themselves.  As  a  master  of  palBatrio  exercises, 
when  he  enters  a  gymnasium  full  of  boys,  is  able,  after  Hying 
their  strei^th  and  comprehension  in  every  possible  way,  to 
decide  for  what  kind  of  exercise  each  ought  to  be  trtuned ; 
4.  so  a  teacherf  of  ebquence,  they  say,  when  he  has  clearly 
(tberarved  which  boy's  genius  delights  most  in  a  concise  and 

■  That  la,  Oi»  applauu  of  tbeSx  fellow  atddanta.  If  they  merely 
mota,  and  did  not  reoita,  they  would  gmin,  ai  Spalding  oben-vea,  tLa 
.eommandation  of  the  nuurter  <m1y. 

i-  Ad  prae^pUfttni.']  The  aeauaativa  dapenda  on  Mmething*  tindei> 
•teoda  whioh  must  be  aought  in  the  praoediiig  utile  vitum  at,  aimU,  or 
■omaUiinK  aimilar,  being  anpplied.  That  Qnintilian  ia  repeating  tha 
ninion  <a  otbeM  la  ahown  by  the  tnl^janotivea  makteat,  punt,  faciat. 

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«B.TnL  XDUCATtOK  Of  AH  OKATOK.  1M 

polished  nisrttier  of  speaking,  and  which  in  a  ipirited,  ur 
gr&Te,  or  smooth,  or  rongh,  or  brilliant,  or  elegant  one,  «ill  eb. 
accommodate  his  instructions  to  each,  that  he  will  be  aktanced 
in  that  doparCment  in  which  he  shows  most  ability ;  i.  becaosb 
nature  attains  £ir  greater  power  when  seconded  tiy  cultoTe; 
and  he  that  is  led  contmrj  to  ostore,  cannot  moke  d<ie  prth 
greaa  in  the  etndieB  for  which  he  is  nnfit,  and  makes  thosb 
Ulenta,  for  the  exercise  of  which  be  seemed  bom,  weaker  bjr 
neglecting  to  cultivate  them.  V 

6.  This  opinion  eeems  to  me  (fbr  to  him  Oiat  fbllowa  reason 
there  is  free  exercise  of  judgment  even  in  opposilioU  tb 
reoeited  persoarions)  just  ouy  in  part.  To  dtetinguiBh  pecu^ 
liaiides  of  talent  is  absolutelj  neceseaty ;  and  to  make  (»oioe 
of  particular  studies  to  suit  them,  is  what  no  man  woold  dii^ 
countenance.  7.  Fm*  one  youth  will  be  6lter  fof  the  Btnilf  tit 
history  than  another ;  one  will  be  qualified  for  writii^  poetry, 
another  for  the  study  of  law,  and  some  perhaps  fit  only  to  i* 
sent  into  the  fields.  The  teacher  of  rhettnio  wiU  decide  Ut 
accordance  with  these  pecniiarities.  Just  as  the  master  of  thi 
paUatra  will  make  rme  at  his  pupils  a  runner,  another  a  bcner, 
another  a  wrestler,  or  fit  him  for  any  other  of  the  exercises  that 
are  practised  at  the  sacred  gomes. 
'-\  8.  But  he  who  is  destined  for  public  speaking  must  sttir4 
to  excel,  not  merely  in  one  accomplishmeut,  but  in  all  thA 
accomplishments  that  are  requisite  for  that  art,  eteH  thotigh 
Soma  of  them  may  seetn  too  difficult  for  him  when  h«  id  leam^ 
ing  them ;  for  instnicfjon  would  be  altogether  superfluons  ^ 
the  natural  state  of  the  mind  were  sufficient  9,  If  a  popil 
that  is  vitiated  in  taste,  and  tnrgid  in  his  style,  as  maity  uei 
is  put  under  our  care,  shdl  we  allow  him  to  go  on  in  his  own 
way  ?  Him  ihM  is  di?  and  j^nne  in  hie  manner,  ahall  we  not 
nourish,  and,  aa  it  were,  clothe?  F(v  if  it  be  necessai?  til 
prune  something  away  from  certwn  pupils,  why  should  it  no^ 
be  allowable  to  ^d  something  to  others  ?  10.  Tet  I  would  not 
fight  against  nature ;  for  1  do  not  think  that  any  good  quality « 
which  is  innate,  dioatd  be  detracted,  but  that  whaterer  is 
inactive  or  deficient  should  be  invigorated  or  supplied.  Vfsa 
that  famous  teacher  Isocrates,  whose  writings  are  not  stronget 
proofs  that  he  spoke  well,  than  his  ediolare  Uiat  be  tai^ht  veiY, 
inclined,  when  he  fi>rmed  ench  an  opinion  of  Ephorus  ant) 
Theopompna  as  to  say  that  "  the  <hu  wanted  tht  rein  and  tht 


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VU  QniKTtLIAir.  fB.IL 

9iher  Ae  ifttr,"*  to  think  that  the  alowness  in  tha  diill«i,  and 
tlie  ardoui  in  the  more  impetuous,  were  to  he  fostered  by  eda- 
catjon  7  On  the  contrary.t  be  thought  that  (he  qualities  <4 
each  ought  to  be  mixed  with  those  of  the  other.  lH.  We  must 
80  &r  Bccommodate  ovirselvee,  however,  to  feeble  intellects, 
that  ^j  may  be  trained  onlj  to  that  to  which  nature  invites 
them  ;  for  thus  the;  will  do  with  more  success  the  onlj  thing 
which  they  con  do.  But  if  richer  material  fall  into  our  hands, 
bom  which  we  justly  conceive  bopes  of  a  true  orator,^  no 
rhetorical  excellence  must  be  left  unstudied.  13.  For  tfaongh 
each  a  genius  be  more  inclined,  as  indeed  it  must  be,  to  tEe 
flxercise  of  certain  powers,  yet  it  will  not  be  averse  to  that  <rf 
othera,  and  will  render  them,  by  stndy,  equal  to  those  in  which 
it  naturally  excelled ;  just  as  the  ekiliut  trainer  in  bodily 
exercise,  (that  I  may  adhere  to  my  former  illustration,)  wiU 
not,  if  he  undertakes  to  form  a  pancratiast,  teach  him  to 
strike  with  his  fist  or  his  heel  only,  or  instruct  him  merely  in 
wrestling,  or  only  in  certain  artifices  of  wrratling,  but  will 
practise  Mm  in  everything  pertaining  to  the  pancratiastic  art 
There  may  periiaps  be  some  pupil  unequal  to  some  of  these 
exercises.  He  must  then  apply  cbieSy  to  that  in  which  he 
can  succeed.  H.  For  two  things  are  especially  to  be  avoided ; 
one,  to  attempt  what  cannot  be  accomplished ;  and  the  other, 
to  divert  a  pupil  firom  what  he  does  well  to  something  else  for 
which  he  is  less  qualified.  But  if  be  be  capable  of  instroo- 
tion,  the  tutor,  like  Nicostratus  whom  we,  when  youi^,  knew 
tX  an  advanced  age,  will  bring  to  bear  upon  him  every  art  of 
instruction  alike,  and  render  him  invincible,  as  Nicostratus 
was  in  wrestling  and  boxing.^  for  success  in  both  of  which  con- 

*8m  ClcdeOnt.iU.B;  Brat  0.  56;  bIbo  QuinttLx.  1.74.    Con- 
'inkan,  Hishaia  Ocatomiii,  p.  BT.    Jfyalc" 
oriOrarttw.]   I  bava   taksa   a  little 

;■■■,  OB  aoQOiint  of  mother  preceding  "      "^ 

with  extuA  IHsntlneu,  would  Wdly  pie 
■duUr  win  «a*Uv  ms  the  seiue, 

t  In  yud  iwrtM  ad  mem  oraiorit  timut  OgffrtnL]  "  On  which  w* 
b»vs  jaMlj  Tiaem  to  the  hope  of  an  orator.'  "  Aggridi  ad  ipem,"  ei^t 
Bpalung,  "for  M  toltera  m  iptm;  and  m>  giMl  for  jud  Maii,  eupm 


I  A  panoratiut  and  wreitlei.  Bee  Patuan.  v.  21.  The  eSTinft  tfi 
wm4vv  wivTn  aai  Mudirrparov,  wbich  ocmm  twioa  ia  Snidai,  i| 
i)'w  and  Hudrrfarot,  U  laid  W  tebr  ta  a  flaf er  of  tlut  nanw. 


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CH.IZ.]         KDUCATION  OF  AK  OBATOB.  138 

tests  he  waa  crowned  on  the  some  day.  15.  Hovr  much  more 
must  such  training,  indeed,  be  pursued  b;  the  teacher  of  the 
fiituiv  orator!  For  it  is  not  enough  that  he  should  speak 
couciself,  or  artfuU;,  or  Tehementlj,  any  more  than  for  a 
Binging  master  to  excel  in  acute,  or  middle,  or  grave  tones 
only,  or  even  in  particular  subdivisions  of  them :  since  elo- 
quence is,  like  a  harp,  not  perfect,  unless,  with  all  its  strings 
Stretched,  it  be  in  unison  mim  the  highest  to  the  lowest  note. 


CHAPTER  IX. 
Pnpjl^  ihould  regard  UibIt  tutors  aa  intsUactnal  paranta. 

1.  Hatino  spoken  thus  fully,  concerning  the  duties  of 
teachers,  I  give  pupils,  for  the  present,  only  this  one  admoni- 
tion, that  they  are  to  lore  their  tutore  not  less  than  their  studies, 
and  to  regard  them  as  parents,  not  indeed  of  their  bodies,  but 
of  their  minds.  2.  Such  affection  contributes  greatly  to  im- 
provement, fbr  pupils,  under  its  influence,  will  not  only  listen 
mth  pleasure,  but  will  believe  what  is  bmght  tbem,  and  will 
desire  to  resemble  their  instructora.  They  will  come  together, 
in-assembling  forschool,  with  pleasure  and  cheerfulness ;  they 
will  not  be  angi;  when  corrected,  and  will  be  delighted  when 
praised  ;  and  they  will  strive,  by  their  devotion  to  study,  to  be- 
come  as  dear  as  possible  to  the  master.  3.  For  aa  it  is  the 
duty  of  preceptors  to  teach,  so  it  is  tliat  of  pupils  to  show 
themselves  teachable ;  neither  of  these  duties,  else,  will  be  of 
avail  without  the  other.  And  as  the  Reneraljon  of  man  is 
effected  by  both  parents,  and  as  you  will  in  vain  scatter  seed, 
unless  the  furrowed  ground,  previously  softened,  cherish  it, 
eo  neither  can  eloquence  come  to  its  growth  unless  by  mutual 
agreement  between  him  who  communicates  and  him  who 
i»oei*eii. 


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>a 


pnotioe,  i — IS. 

1.  Wbbh  the  pupil  has  been  well  instructed,  and  sufficiently 
ezerciBed,  in  these  preliminary  studies,  which  are  not  in  them- 
seWes  inconsiderable,  but  members  and  portions,  as  it  were,  Oi 
higher  branches  of  teaming,  the  time  will  have  nearly  arrived 
for  entering  on  deliberative  imd  judicial  subjects.  But  befbre 
I  proceed  to  speak  of  those  matters,  I  must  say  a  few  words 
on  the  art  of  declaoiation,  which,  though  the  most  lacently 
invented*  of  all  exercises,  is  indeed  by  far  the  most  useful. 
S.  For  it  comprehends  within  itself  all  those  exercises  of  which 
I  have  been  treating,  and  presents  ns  with  a  very  close  resem- 
blance to  reality ;  and  it  ha^  been  so  much  adopted,  accordingly, 
that  it  is  thought  by  many  sufficient  <^  itself  to  form  orat<»y, 
since  no  excellesce  in  continued  speaking  can  be  specified, 
which  is  not  found  in  this  prelude  t  to  speaktng.  8.  The 
practice  however  has  so  d^nerated  through  the  fiuilt  of  the 
teachers,  that  the  Ucense  kni  ignorance  of  declaimers  have  beea 
among  the  chief  causes  that  have  corrupted  eloquence.  But 
of  that  which  is  good  by  nature  we  may  surely  make  a  good 
use.  4.  Let  therefore  the  subjects  themselves,  which  shaU  be 
imagined,  be  as  like  as  possible  to  truth ;  and  let  deolamationa 
to  the  ntmoet  extent  that  b  practicable,  imitate  those  plead- 
ings for  which  they  were  introduced  as  a  preparation.  6.  For 
as  b>  mapciam,l  and  the  peitiiettee,  and  traclei,^  and  tttp- 

•  8m  L  4, 11,  42. 

t  Mtdilalimt.']  Tht,t  ia  /tiXirq,  or  exereUe.     C^ipBronier. 

{  Siuih  •  flubject  RB  that  of  tbe  tCDtti  of  the  declamatioDa  ascribed 
to  Qnintillm,  entitlad  Stpatelintin  Imxuiialmn, 

S  Pastitentiun,  tt  reaponaB.]  TheBB  two  words  appear  to  refer  to  tin 
aama  lattjeot,  which  ia  that  of  the  SSflth  declamation  of  (hoie  called 
Qgintilian'a :  A  people  BtifFering  from  pestilenrte  sent  a  deput;  to 
aonault  an  oracle  about  a  remed; ;  the  anawer  given  him  waa  that  hM 
moat  norifioe  hia  own  khi.  On  hia  return  he  coiamanicated  the  oracle 
to  hia  ion,  but  concealed  it  from  the  public  authoritisa,  telling  them 
that  they  had  to  perfoim  certain  Haored  ritee.  Wlien  the  ritea  wern 
flniahed,  the  peatiiaaoe  did  not  abate ;  nud  tbe  son  then  put  Limaelf  tn 


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Cn.X]  SDCOATIOK  07  ATI  OSATOB.  ]4T 

nolAen  mor«  ervet  thtat  ikete  of  tmtfedif,  and  other  aubjecU 
.more  imaginaiy  tbaa  tbsee,  we  ahsU  in  vain  seek  them  among 
aptmtiona  and  interdieU.*  What,  then,  it  ma^  be  aaid,  shall  we 
never  safier  students  to  handle  such  topica  as  are  abore  belief, 
and  (to  eay  the  truth)  poetical,  so  that  they  may  expatiate  and 
exult  in  their  su^ect,  and  swell  forth  as  it  irere  into  full 
bod;  ?  f  0.  it  nould  indeed  be  best  not  to  Buffer  them  ;  but 
at  least  let  not  the  aabjects,  if  grand  and  turgid,  appear  also, 
to  him  who  regards  them  wi^  severe  judgment,  foolish  and 
-v  ridiculous ;  so  that,  if  we  must  grant  the  use  of  soob  topics,  let 
the  declaimer  swell  himself  occasiiHnlly  to  the  full,  provided 
be  understands  that,  as  fow-footed  animals,  wheu  they  have 
been  blown  with  green  fodder,  are  cured  by  losing  blood,  and 
thus  letuTD  to  tooi  suited  tu  maintaio  their  strength,  so  mast 
-t>  hia  turgidity  t  be  dinunished,  and  v^atever  ooirupt  humours  ha 
lias  ooBtracted  be  disohaiged,  if  be  wishes  to  be  healthy  and 
strong ;  for  otherwise  his  empljr  swelling  will  be  hampered^  at 
the  first  attempt  at  any  real  pleading. 

T.  Those,  aasuredly,  who  think  that  the  whole  exercise  of 
declaiming  is  altogedier  different  Irom  forensic  pleading,  do 
BOt  see  even  the  reaaon  for  which  that  exercise  was  instituted. 
8.  For,  if  it  is  no  preparation  for  the  forom,  it  is  merely  like 
theatrical  ostentatiou,  or  insane  raving.  To  what  purpose  is 
it  to  instruct  a  judge,  who  has  no  existence  ?  To  state  a  ease 
that  all  know  to  be  fictitious?  To  bring  proofs  of  a  point  on 
which  no  man  will  pronounce  sentence  ?  This  indeed  is  nothiog 
more  than  ixiffing  ;  but  how  ridiculous  is  it  to  excite  our  feelt 
ings,  and  to  work  upon  an  audience  with  anger  and  sorrow, 
nnless  we  are  preparing  ourselves  by  imitations  of  batde  for 
serious  contests  and  a  regular  Md?    9.  Will  there  then  be 

imtb.  After  Oe  pesttlflBae  hftd  nibnded,  the  bUwr  wh  komusd  <4 
treasan  to  the  Btata.  Sae  tlso  Dedanat.  384,  tmd  the  lath  and  4Srd 
of  tioee  ascribed  to  Calphurtuus  Flaocus. 

*  Law  tenuB ;  iponno  was  when  a  litigant  engaged  to  pay  a  oartain 
sum  ot  money  if  he  loat  the  cause  ;  an  itUerdict  was  when  the  prg^r 
ordered  or  forhade  anything  to  be  done,  ohieSy  in  ragard  to  property. 


f  Qaaii  in  curput  tOTii.'}  Compare  ft  4,  sect.  6, 

JAd^ia,  fat. 
DqfrAe»dthtr.'\  Not  equiv&lmt  to  Huvnietw  or  ojruMivtKr,  but  te. 
fc  aravm  d^erdmr  0  aitmatit,  m   s^wdtn  n«MJ«n«     See  i.  1,  3Ql 


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IM  QuurriLuir.  [t.11. 

no  diSerenr«,  it  may  be  asked,  between  the  mode  of  speaking 
at  the  bar,  and  mere  exercise  in  dedanutioa  ?  I  answer,  that 
if  we  speak  for  the  sake  of  improvement,  there  will  be  no 

i  difference.  I  wish,  too,  that  it  were  made  a  part  of  the  exer- 
cise to  use  names  1  *  that  causes  more  complicated,  and  requir- 
ing Icngerplaadings,  were  invented  i  that  we  were  less  afraid  of 
words  in  daily  use  ;  and  that  we  were  in  the  habit  of  mingling 
jests  with  our  declamation  ;  all  which  points,  however  we  may 
have  been  practised  in  the  aebools  in  otlier  lespects,  find  tu 
uovicea  at  the  bar. 

ttO.  But  even  if  a  dedamatioii  be  composed  merely  for  dis- 
play, we  ought  sorely  to  exert  our  voice  in  some  ^gree  to 
please  the  audience.  For  even  in  those  oratorical  composi 
bona,  which  are  doubtless  based  in  some  degree  upon  trnth,  but 
are  adapted  to  please  the  multitude,  (auch  as  are  the  panegy- 
rics which  we  read,  and  all  that  epideietvi  kind  of  eloqaence,) 
it  is  allowable  to  use  great  elegance,  and  not  only  to  acknow- 
ledge the  efforts  of  art,  (which  ought  generally  to  be  concealed 
in  forensic  pleadings.)  but  to  display  it  to  those  who  are  called 
leather  for  the  purpose  of  witnessing  it.  13.  Dedamatioo 
therefore,  as  it  is  an  imitation  of  real  pleadings  and  delibei» 
tions,  ought  closely  to  resemble  reality,  but,  as  it  carries  with 
it  something  of  ostentation,  to  clothe  itself  in  a  certain  ele- 
gance. 13.  Such  is  the  practice  of  actors,  who  do  not  pro- 
nounce exactly  as  we  speak  in  common  conversation,  for  such 
pronunciation  wotdd  be  devoid  of  art ;  nor  do  they  depart  far 
from  nature,  as  by  such  a  fault  imitation  would  be  destroyed  ; 

t'but  tbey  exalt  the  simfdidty  of  ^miliar  discourse  with  a  cer- 

(  tain  scenic  grace. 

14.  However  some  inconveniences  will  attend  ns  from  the 
nature  of  the  subjects  which  we  have  imagined,  especially  aa 
many  particulars  in  them  are  left  uncertain,  which  we  settle  aa 
suits  our  purpose,  as  age,  fortune,  ehUdren,  parents,  ttrmglh, 
latM,  and  maanert  of  citiet;  aud  other  things  of  a  similar 
kind.  16.  Sometimes,  too,  we  draw  arguments  from  the  very 
faults  of  the  imaginary  causes.     But  on  each  of  these  points 

*  Which  were  not  introdnceii  In  dscUmatioM ;  for  paler,  tgramtleidn, 
oMiMlui,  mptor  were  used  u  eeueral  terma,  i«ideriiig  the  whola  per- 
formance leu  ukimated,  and  leu  like  reality.  In  Muatoria  oratttnua 
peraons  were  spedfied.  btil  to  tbem  QuintUiui  weaiB  to  make  n» 
nfomce  in  then  ramuti.    Sfolding. 


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CH-XI.]  EDDCATIOX  or  JUT  ORATOR.  121 

ve  ehall  spesk  in  its  pix^r  place.  For  tbough  the  irtio)« 
object  of  &e  woi^  inWoded  b;  ue  has  regard  to  the  forma- 
tion of  au  orator,  yet,  leet  students  may  think  anything  nant^ 
ing,  we  ehall  not  omit,  in  passing,  wlwtevfir  ma;  occur  thai 
faiily  relates  to  &e  teaching  of  the  schools. 


CHAPTER  XI. 

dome  think  instnicUon  in  oratoi?  unneoeeMty,  S  1,  3.    BoMt*  uid 
pncdoea  of  the  ignorant^  8 — 6.    Some  atudj  on^  parbi  of  thaii 

Bpeecbes  ;  want  of  couneiioti  in  their  matter,  ^  "!■ 

1.  Fbou  this  point,  then,  I  am  to  enter  upon  that  portion 
of  the  art  nith  which  those  who  have  Mmtt«(l  tbe  preceding 
portions  usually  commence.  I  seo,  however,  that  some  will 
oppose  me  at  tbe  veiy  threshold;  men  who  think  that 
doquenco  has  no  need  of  rules  of  this  kind,  and  who,  satisfied 
with  tbeir  own  natural  ability,  and  the  comnioa  methods  of 
teaching  and  exercise  in  the  schools,  even  ridicnle  my  dili- 
gence; following  the  eiample  of  certain  professors  of  great 
reputation.  *  It  wa^^ne  of  those  charactenr-I  believe,  who, 
being  asked  what  tk^QraW  and  what  A^ougkt^an,  answered 
that  "  hqjid  not  StiSgHiut  that,  if  it  hail  any  relation  to  his 
enlject,  rtwould  b6ioun3'in  his "  ^eclamatioD .  v.  Anotuer 
of  them  repliM  K  ft  p^TSAn  who  BBEed~Emr"  whether  he  was  a 
follower  (^  Theodoms  or  Apollodorus,"  "  I  am  a  prize- 
fighter."* Nor  could  he  indeed  have  escaped  an  avowal  of 
his  ignorance  with  greater  wit.     But  such  men,  as  they  have 

*  Ptrnmlmili  Theodoreiu  bd  Apollodoreua  es«et,  Ego,  vimat,  pmnna- 
lainiB  anm.]  Theodoms  and  Apollodorus  were  veil-known  metoiiciaoe, 
often  mmtioned  by  Quintiliiui,  and  leaden  of  portiea.  That  par- 
mtdarita  ugDifies  one  who  favoured  the  gladiators  in  the  theatre  and 
arena,  called  TliriKa  from  their  armoar,  has  been  Bfaowu  b;  the  com- 
meotatoTB  on  Suet.  Domit.  o.  10,  ,  .  .  The  man.  to  whom  Quintilian 
alludes  iotdmatee  that  be  knew  whom  to  bvour  in  the  arena  and  the 
eircuR,  bnt  that  for  partiee  among  rhetoriciana  he  had  no  care.  Gt»aa\ 
"  It  is  almoat  the  aame  a«  if  a  person,  upon  being  asked  Tihether  h* 
were  a  NospinaliBt  or  a  BA^ist,  were  to  reply,  '  I  am  a  C.irtbusian, 
that  ia,  I  do  Dot  care  for  or  do  not  know  the  name*  Noriluiliit  asd 
Bealist."    &cheller'e  LaiiMU,  b.v.  ]>i»tiiWai«( 


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1M  ^UINTtUAK.  fM.1l 

Mbdnod  vmiimit  TBpnt«  thioiigb  the  gaoiaem  of  theif 
natural  powera,  nsd  toro  sttaMcl  man;  things  even  worth;  oi 
rememtmnoe,  hHe  had  vm;  man;  iaitatora  that  reBeudtlft 
them  in  tyrtigmce.  bat  Ter;  l«w  that  appFoacb  thnn  in 
ability.  8>^>^  aake  it  ^eir  boaat  that  thev  apeak  from 
impulse,  and  merely  eiert  their  natural  powera ;  and  "^  that 
therg'iaTig  aHWi  of  ynmta  ut  wraiwiuiailL  KTSEtitToua'auideL-tfl. 
Ijutonly  ot  grand  t^^lite,  to  h^r_which  the  audltfij^BilChe 
aovliWi,vm  uf  which  ihetest  are  the  offspring  nf  »iiiiir». 
■omeness.  4.  Tn  inejitatian,  alao,  as  they  use  no  method, 
tbey  either  wut,  often  for  some  days,*  looking  at  the  ceiliug 
lor  some  great  thoo^t  that  may  Bpontnneously  present  itselfi 
or,  exciting  themselves  with  inarticulate  sounds,  aa  with  -a 
trumpet,  they  adapt  the  wildest  gestures  of  body,  not  t 
Btterance,  but  to  uie  eio^tation  of  words. 

6.  SmpArii^ore  they  have  conceived  anyCi  _ 
certain  f^Md^fwler  which  something  ^^^^^^^ 
introdDoei^~h&l,  after  tnodulatiag  their  wwls  to'themselved, 
aloud  and  for  a  long  time,  they  desert  their  proposed  arrange- 
ment, trom  deapauing  of  die  possibility  of  forming  any 
ocmnesion,  and  then  turn  to  one  train  of  ideas,  and  again  to 
another,  all  equally  comoton  and  hackneyed.  6.  Those  how- 
ever who  seem  to  have  moet  method,  do  not  bestow  their 
eflbrts  on  fictitioiu  caoses,  bat  on  common  topics,  in  which 
they  do  not  direct  their  view  to  any  cratain  oliject,  but  throw 
out  detached  thoughts  as  they  occur  to  them.  7.  Hence  it 
happens  that  their  speech,  being  unconnected  and  made  up  of 
dinerent  pieces,  cannot  hang  together,  but  is  like  the  note- 
books of  boys,  in  whioh  they  enter  promiscnonsly  whatever  has 
been  uommended  in  the  decltunations  of  others.  Yet  they 
sometimes  strike  out  fine  sentiments  and  good  thoughts  (for  so 
in.leed  they  are  aoeustomed  to  boast) :  but  barbarians  and 
■laves  do  tise  same ;  and,  if  this  be  sufficient,  there  is  no  art 
St  all  in  eloquenee 


...        .,      ,,  .    ..  -  ^ 1  be  itmdi  out  of  the  test, 

Cmp.  zl.  ^  leO ;  1. 1,  II. 


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CB.XIL]  BDtJOA.TlON  OF  AM  OUTOB.  131 

CHAPTER  Xlt 

Why  the  Ignoiwit  often  uam  to  qteak  with  more  force  tliui  th« 
harmd,  1 1 — S.  They  attack  mon  boldly,  and  an  hut  aihud  irf 
failura,  4,  B.  But  they  cumot  choow  jodiciouily,  or  prove  with 
effect,  6.  Their  thoughts  tomrtimea  ittikiiig,  1.  Appareat  dis 
advantagea  of  learned  poliih,  8.  Unleanied  nieakcn  often 
Tigoroua  id  deliTety,  9,  10.    Ooeaaumatly  loo  nndi  admired  ^ 


I.  I  HTTST  not  foitwar  to  acknowledge,  however,  that  people 
m  general  adopt  the  notion  that  the  unleanied  appear  to  speak 
mm  more  fbrce  than  the  learned.  But  this  opinion  has  its 
origin  chiefly  in  the  mistake  of  those  who  judge  Mroneouely, 
and  who  think  that  what  has  no  art  has  the  more  energy ;  just 
as  if  they  should  oonoeive  it  a  greater  proot  lA  strength  to 
break  through  a  door  than  to  open  it,  to  rupture  a  knot  than 
to  untie  it,  to  drag  an  animd  than  to  lead  it  S.  By  euch 
persons  a  gladiator,  who  rushes  to  battle  without  any  know- 
ledge of  arms,  and  a  wrestler,  who  stragglee  with  the  whole 
force  of  his  body  to  efTect  that  whioh  he  has  once  attempted,  is 
called  so  much  the  braver;  though  ibe  latter  is  often  laid 
prostrate  by  his  own  strength,  and  the  other,  however  violent 
his  assAult,  is  withstood  by  a  gentle  turn  of  his  adversary's 

i'  3.  But  there  are  some  things  concerning  this  point  that  very 
naturally  deceive  the  unskilful ;  for  divition,  thou^  it  ie  of 
great  consequence  in  rJeadings,  diminishes  tfae  appearance  of 
strength ;  what  is  rough  is  imagined  more  bulky  than  what  is 
polished ;  and  objects  when  scattered  are  thought  more 
ntunerous  than  when  they  are  ranged  in  order. 

4.  There  is  also  a  certain  affinity  between  partjcular  excel- 
^  lences  and  faults,  in  eonsequence  of  which  a  railer  passes  for  a 
free  ipeaker,  a  rath  for  a  bold  one,  a  prolix  for  a  copious  one.. 
But  an  ignorant  pleader  nuls  too  openly  and  too  frequently,  to'K 
the  peril  of  the  party  whose  cause  he  has  ondertaken,  and  * 
often  to  his  own.  6.  Yet  this  practice  attracts  the  notice  of 
~  people  to  him,  because  they  readily  listen  to  what  they  would 
oot  themselvee  utter. 

Such  a  speaker,  too,  is  &r  from  avoiding  that  venturesome- 
*  TUmh,  vduntentiM  mukM*,  ezcfpfl  advatarU  auBil  oHKnItu.]  "  The 
flsxible  joint  of  the  aavenary  withstandi  him   [who  la]   of  violenl 
uaault  i"  wAoHCRtM  wjKlilt  being  a  geniuve  of  quality. 

K  a 

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14H  QUINTILIAIT.  '      [&  a 

iieas  nhich  lies  in  mere  expreaabo,*  and  makes  desperate 
efforta ;  whence  it  may  happen  that  he'  who  is  alwajs  seokiog 
Bometbing  extravf^nt,  may  aometimea  find  something  great; 
but  it  happena  only  seldom,  and  doea  not  oompeasate  for 
Diidoubted  faalts. 

6.  It  is  on  this  account  that  tmlearned  speakers  seem  obme- 
tiraes  to  have  greater  oo[uousnesa  of  language,  because  they 
pour  forth  every  thing ;  while  the  leamed  use  selection  and 
moderation.  Beaidea,  unlearned  pleaders  aeldom  adhere  to 
the  object  of  proriog  what  they  have  aaserted ;  by  this  meane 
they  avoid  what  appears  to  judges  of  bad  taste  the  drynees  ol 
questions  and  arguments,  and  seek  nothing  else  but  matter  in 
which  they  may  please  the  eats  of  the  court  with  senseless 

T.  Their  jSne  tentimenU  themselves,  too.  at  which  alone  they 
aim.  are  more  striking  when  all  around  them  b  poor  and 
mean ;  as  lights  are  most  brilliant,  not  amidst  shades  as 
Cicero  saya.t  but  amidst  utter  darkness.  Let  such  speakers 
therefore  be  called  as  ingenious  as  the  world  pleases,  provided 
it  be  granted  that  a  man  of  real  eloqueuce  would  receive  the 
praise  given  to  them  as  an  insult. 

8.  Stjtl  it  must  be  allowed  that  learning  does  take  away 
something,  as  the  file  takes  Bomethiog  from  rough  metal,  the 
whetstone  from  blunt  iostrumenta,  and  age  from  wine  ;  h\ki  it 
takes  away  what  is  faulty;  and  that  which  learning  haf 
polished  is  less  only  because  it  is  better. 

9.  But  such  pleaders  try  by  their  delivery  to  gain  the  repu- 
tation of  speaking  with  energy;  for  they  bawl  on  every 
occasion  and  bellow  out  every  thing  with  uplijted  hand,  as 

*  Itfitd  mioqitt  attervm,  mod  ett  in  docvliont  ipKl,  jwtrafwn,  mtxdf 
vilatJ]  Spaldiiig  ss;*  tiiat  b;  alitrtua  paictdum  is  meant  tbe  a(A«r  tcntt 
of  the  word  danger,  that  u,  the  figurativB  aenae,  it  being  need  here 
metaphorically,  ^Btinct  from  "veram  periciUun,"  real  danger.  He  should 
ratlier  have  said  that  we  ehoiUd  tmderstand  Quintilian  as  referring  to 
one  kind  of  jwrfcwium  which  lies  in  the  speaker's  matter  or  thoughtd, 
and  which  he  incurs  mtUediemdo,  sect,  i  ;  and  another  kind  which  liei 
Aet*ely  in  his  style  of  speaking,  in  elocJitimii  iptd,  iQ  which  he  is  always 
aimim;  at  something  grand  and  striking.  I  traneUte  ths  first  by 
"pei4T,"  and  the  second  by  "  venturesamenesa,*  as  thej  cannot  be  both 
readereit  by  the  same  wurd  in  English      Compare  C.  xL  Be<:t.  3. 

t  De  Orat.  ill  23.  The  reference  was  Snt  discovered  by  A.!- 
pieloreen.  Oesuer  justly  observe*  Chat  Quiutiliau  alludes  to  the  paw 
■  iajest 


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CS.Sm.]  EDCCATIOW  OF  AS  OSATOB.  -159 

the;  call  it,  raging  like  madmen  with  incesaant  action,  panting 
and  swaggering,  and  with  eveiy  kind  of  gesture  and  ntovement 
of  the  h<»d.     10.  To  clap  the  bands  together,  to  stamp  thei      , 
foot  on  the  ground,  to  strike  thf  thigh,  the  breast,  and  the)    / 
for«head  with  the  hand,  makes  a  wonderful  impression  on  aul/ 
audience  of  the  low^r  order,*  while  the  policed  speaker,  as  hq 
'knows  how  to  temper,  to  vary,  and  to  arrange  the  several 
parts  of  hia  speech,  so  in  deliver;  he  knows  how  to  adapc  hia 
action  to  evetj  variety  of  complexion  in  what  he  utters ;  tatdA 
if  any  rule  anpeara  to  him  •tuning  nf  itfuiatant  attendon.  it 

WOUI^     bf     fhat.    >in    flhri'"     l"f"     ^1~~J,^     tr.     h.     a„A     f»    aaa^  I 

jcodeet.     But  the  other  sort  of  speakera  call  that  force  which 
ouglit  rather  to  be  called  violence. 

1 1.  But  we  may  at  times  see  not  only  pleaders,  but,  what  is 
&r  more  disgraceful,  teachers,  who,  ^ter  having  had  some 
short  practice  in  speaking,  abandon  all  method  and  indulge  in 
every  kind  of  irregularity  oa  inclination  prompts  them,  and  call 
those  who  have  paid  more  r^ard  to  learning  than  themselves, 
foolish,  lif^esB,  timid,  weak,  and  whatever  other  epithet  of 
xeproach  occurs  to  them.  13.  l^et  me  then  congratulate  them 
as  hating  become  eloquent  without  labour,  without  method, 
without  study ;  but  let  me,  as  I  have  long  withdrawn  from  the 
duties  of  teaching  and  of  speaking  in  the  forum,  because  I 
thought  it  most  faanourable  to  terminate  my  career  while  my 
services  were  elill  desired,  console  my  leisure  in  meditating 
and  composing  precepts  which  I  trust  will  be  of  nse  to  young 
men  of  ahility,  and  which,  I  am  sure,  are  a  pleasure  to  myself. 


CHAPTER  XHL 


Qointjlian  doea  not  gjve  ral«  from  whloh  th«i«  ii  no  cl<^i«rturei 
pltadara  mint  set  sccarding  to  tlia  reqniaitioiui  of  their  Bubjeot% 
1 — 7.    What  an  omtor  baa  cUefly  to  keep  in  view,  and  bow  tu 
mlea  should  be  obierved,  8 — IT. 
1.  But  let  no  man  require   from  me  such  a  system   of 

precepts  as  is  laid  down  by  most  authors  of  booki  of  rules,  a 
■  Jfirl  ad  fiiBatim  einxium  facit.]  The  colour  or  dirt  of  the  toga, 

and  (till  more  of  the  (uhko,  whioh  manv  of  dia  poor  wore  without 

■OTtlliliK  over  It,  ehaiBcteriseB  a  multitade  of  the  lower  and  □nodu. 

eat«d  cUu  of  people.     So  Plio.  Ep.  viL  IT:  Hiot  jvofM  lordidot  tl 

fvSatot  revertrnvT.    See  Quint.  tL  4,  6.    Raiding. 


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194  qaumLiAit.  pB.n. 

^  system  in  which  I  should  have  to  make  ceiuin  lam,  fixed  b^ 
immutable  oeceasi^,  for  all  students  of  eloquence,  commencug 
with  the  ]»roffmwm,  and  what  most  be  the  character  of  it,  say- 
ing that  the  tiatemeni  of  faeti  most  come  next,  and  what  rule 
must  be  observed  in  stating  them ;  that  after  this  must  eomo 
the  propotUion,  or  as  some  have  preferred  to  call  it,  the  ««- 
euriion;*  and  then  that  ^re  must  be  a  «  eerlaim  enter  tf 
queglioni ;  adding  also  other  precepts,  which  some  apeaken 
observe  as  if  it  were  unlawful  to  do  otherwise,  and  as  if  thcj 
wero  acting  under  orders ;  9.  for  rhetorie  woold  be  a  very 
easj  and  small  matter,  if  it  could  be  included  in  one  short 
body  of  mles,  but  rnlea  mnst.  gnunmHr  ^  r'trTTti  Tn  iiit 
the  nature  of  each  individual  case,  the  time,  the  occasion,  imi 
necessity  iiseii  ^..ooPHeQuently,  one  lip'eat  quality  jo  sn  otatoi 
mSJafrelioa,  "because  he  must  turn  hia  tbongbts  in  varionb 
directions,  according  to  the  different  bearings  of  his  snl^ect. 
S.  What  if  you  slionid  direct  a  general,  that,  whecsver  he  draws 
up  his  troops  for  battle,  he  must  range  hia  front  in  Une,  extend 
hia  wings  to  the  right  and  left,  and  station  hia  cavalry  to  de> 
'  fend  his  flanks  ?  Snch  a  method  will  perhaps  be  the  best,  w 
often  as  it  is  practicable ;  but  it  will  be  subject  to  alteration 
from  the  nature  of  the  ground,  if  a  hill  come  in  the  way.  if  a 
river  inter]*ase,  if  obetrucdon  be  caused  by  declivities,  woods, 
or  any  other  obstacles:  4.  the  character  of  the  enemy,  too^ 
may  make  a  change  necessary,  or  the  nature  of  the  contest  in 
which  he  has  to  eng^e ;  and  he  will  have  to  fight,  sometimea 
with  his  troops  in  extended  line,  sometimes  in  the  form  of 
wei^es,  and  tn  employ,  sometimes  hia  auxiliaries,  and  some- 
times his  own  l^ons;  and  sometimes  it  will  be  of  advantage 
to  turn  his  back  in  pretended  fiight.  5.  In  like  manner, 
whether  an  exordium  be  necessary  or  superfluous,  whether  it 
should  be  short  or  long,  whether  it  ^nld  be  wholly  addressed 
to  the  judge,  or.  by  the  aid  of  some  figare  of  speech,  directed 
ot-cfiBionally  to  others,  whether  tlie  statement  of  facts  should 
be  concise  or  copious,  continuous  or  broken,  in  the  order  of 
events  or  in  any  other,  the  nature  of  the  causes  themselves 
must  show.  6.  The  case  is  the  same  with  regard  to  the  order 
of  examination,  since,  in  the  same  cause,  one  question  may 
ohf-a  he  of  advantage  tn  one  side,  and  another  question  to  the 
Othw,  to  be  asked  first;  for  the  precepts  of  oratoiy  are  not 
•  a«eb.i*.«.^4. 


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CB-XIII.]  KDUCAITON  OP  AIT  OKATOB.  lU 

established  by  lawB  or  public  decrees,  but  whaieser  it  con 

tained  in  them  was  discovered  bj  expediency.     7.  Yet  I  ahall 

not  deny  that  it  is  in  geneiBl  of  service  (o  attend  to  rulM^  or  J 

^-  should  not  writ*  any ;  but  if  expediency  shall  BUggekt  mny 

thing  at  variance  with  them,  ve  sfaall  have  to  folLtw   it 

doserting  the  authority  of  (eachera.  'j 

8.  For  my  part  I  ahalt,  above  all  Urings,  I 

Direot,  attain,  and  o'er  and  o'w  repeat,* 

that  an  orator,  in  all  his  pleadings,  ^loulti  keep  ^n^  thiggul 
in  view,  ahat  it  ftBroniiiiy.  and  mhal  U  ofgfdi^:  bnt  il  *- 
is  frequently  expedient,  and  somotimes  (vmnm^to  main 
some  deviations  from  the  r^ular  and  settled  onler,  aa,  m 
Statues  and  pictures,  we  see  the  dreaa,  look,  and  attitude, 
varied.  8.  In  a  statue,  exaetli/  upright,  there  ia  bat  verr 
litde  grHcefu1ueB8,t  for  the  &ae  mil  look  straight  foi 
vard,  the  arms  hang  down,  the  feet  will  b«  joined,  and  tht 
whole  figure,  from  top  (o  toe,  will  be  rigidity  itself;  but  a 
gentle  bend,  or,  to  use  the  expression,  motion  of  the 
body,  gives  a  certain  animation  to  figures.  Accordingly,  the 
hands  are  not  always  placed  in  the  same  position,  and  a 
thousand  varieties  are  given  to  the  countMiance.  10.  Some 
figures  are  in  a  ruuning  or  rushing  posture,  some  are  seated 
or  reclining,  some  are  uncovered,  and  others  veiled,  soma  par- 
take of  both  conditions.  What  is  more  distorted  and  elaborate 
than  the  Discobolus  of  UyTon?^  ^^  if  any  one  sboold  find 
fault  with  that  figure  for  not  being  upright,  would  he  not 
prove  himself  void  of  all  undenitanding  of  the  art,  in  which 
the  very  novelty  and  difScolty  of  the  execution  is  what  is  most 
deserving  of  praise?  11.  8nch  graces  and  charms  rhetorical 
figures  afford,  both  such  aa  are  in  the  thoughts  and  such  as 
lie  in  words,  for  they  depart  in  some  degree  from  the  ri^t 
line,  and  exhibit  the  merit  of  deviation  from  eomman  practice 
la.  The  whole  face  is  generdly  represent«d  in  a  painting,  yet 
Apellee  painted  the  figure  of  Antigonus  vrith  only  one  side  of 


into  wae^Hom. 

t  Quintilian  bsd  Mine  notian  of  tbe  waving  Una  of  beanty,  of 
which  Hi^artlk  hM  eo  abtj  tiMtad. 

;  See  PHii.  H.  K.  izxIt.  IS.    Luoiui  FbilopMud,  vol  viL"!).  MS, 


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186  nvamUAS.  [B.a 

his  toes  towards  the  epectator,  that  ita  diefiganmETDt  fium  th9 
loss  of  an  eye  might  be  <M>ncealed.  Are  not  some  things,  in 
like  manner,  to  be  ctHicealed  in  speaking,  whether,  it  mav  be, 
beoaiue  the;  ought  not  to  be  told,  or  becaose  the;  cannot  be 
expressed  as  Utej  deserre?  13  It  was  in  this  waj  that 
-Timanthea,  a  painter,  I  believe,  of  Cjtbiias,*  acted,  in  the 
picture  by  which  be  carried  off  the  prize  from  Colotes,  of 
Teium ;  for  irhen,  at  the  sacrifice  of  Iphigenia,  he  bad  repn- 
eented  Galchas  looking  sorrowAil,  Uljsses  more  sorrowfii],  and 
had  given  to  Meoelavs  the  utmost  grief  that  his  art  oould 
depict,  not  knowing,  aa  his  power  of  representing  feeling  was 
exhausted,  how  he  conld  fitly  paint  the  countenance  of  the 
fether,  he  threw  a  vnl  over  Ms  head,  and  left  bis  grief  to  be 
estimated  by  the  spectator  from  bis  own  heart  11.  To  this' 
,  device  is  not  the  remark  of  Sallust  somewhat  mmilar.  For  I 
think  it  belter  lo  say  nothing  emeeming  Carthage,  than  to  tag 
but  little  T  For  these  reasons  it  has  always  been  customary 
with  me,  to  bind  myself  as  little  aa  possible  to  rules  which  the 
Greeks  call  x«fcX»Mt,  and  which  we,  translating  the  word  as 
well  as  we  can,  term  univeriaUa  or  perpeltialia,  "  general"  or 
*'  constant ;"  for  roles  ere  rarely  found  of  such  a  nature,  that 
the]  may  not  be  shaken  in  some  part,  or  wholly  overthrown. 

But  of  rules  I  shall  speak  more  fully,  and  of  each  in  its 
own  place.  16.  In  the  mean  time,  I  would  not  have  young 
men  think  themselves  sufficiently  accomplished,  if  they  have 
learned  by  art  some  one  of  those  little  books  on  rhetorio, 
which  are  commonly  handed  about,  and  fan<^  that  they  are  thus 
safe  under  the  decrees  of  theory.  The  art  of  speaking  depends 
on  great  labour    jonstant   study,  varied   eieroi&e,   repeated 


c.  22;  Tal.  Hai.  viii.  11,  sit.  Bnt  it  hu  been  Jiutty  obHrred  tha' 
tbe  painter  took  the  hint  from  Earipidaa,  Iphig.  AuL  1550.  Spcdding. 
What  Euripidea  oifa  i^  that  "  Ag&meuiaon,  vhen  he  saw  Iphigeou 
going  to  be  eacrificed,  uttered  a  groan,  and,  turning  ava;  hia  h«d,  shed 
tearG,  Telling  hie  t&ea  with  his  robe."  Spalding  remark!  tliat  the 
doubt  Implied  in  opmor  refers  to  the  ooontrj  of  Timsiitbra,  Quintiliau 
not  being  oartwn  whether  be  waa  a  Cythnian  or  not ;  though  why 
Quintiliao  should  hare  been  bo  anxious  to  avoid  error  about  the 
p^ntei'a  countiy,  when  he  was  merely  making  a  passing  obserratlon 
on  his  picture,  it  is  not  easy  to  aay.  For  further  partiouUrB  tbout 
Timanthea  and  his  painting,  the  reader  Ui>y  cooxult  ScnitliB  Diet,  (d 
Biog.  and  MjthoL 


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<m.AT.] 


EDUCATION   OF  AK   OIUTOB. 


4ST 


triftk,  the  deepest  sagacity,  end  the  readiest  jadgment. 
£ut  it  is  assisted  bjr  rulesi  provided  that  the;  point  out  a  fait 
road,  and  not  one  single  wheel-rut,  from  which  he  who  thinks  il 
unlawful  to  decline,  must  be  contented  with  the  alow  progress 
of  those  who  walk  on  ropes.  Accoidinglj,  we  often  quit  tht: 
main  load,  (which  has  been  fbnned  perlmpa  b;  the  labour  of 
an  army,)  beii^  atti&cted  by  a  shorter  path;  or  if  bniget 
broken  down  by  torrents,  have  intersected  the  direct  way,  wi 
are  compelled  to  go  round  about ;  and  if  the  gate  be  stopped 
up  by  fbmes,  we  shall  Have  to  force  a  way  through  the  wail. 
17.  The  work  of  eloquence  is  extensive  and  of  infinite  variety, 
presenljiig  something  new  almost  daily;  nor  will  all  that  is 
poHsible  ever  have  been  said  of  it.  But  the  precepts  which 
have  been  tranemitted  to  us  I  will  endeavour  to  set  forth,  con- 
sidering, at  the  same  time,  which  of  them  are  the  most  valua* 
ble,  whether  anylhii^  in  them  seems  likely  to  be  changed  for 
the  better,  and  whether  any  additions  may  be  made  to  them, 
or  anything  taken  from  them. 


CHAPTER   XIV. 


I.  Soke  who  have  translated  firrsfix^  from  Grees  into 
Latin,  have  called  it  ars  oratoria  and  oratrix.  I  would  not 
deprive  those  writers  cf  their  due  praise,  for  endeavouring  to 
add  to  the  oopioumetis  (tf  the  Latin  language,  bat  all  Greek 
vrords  do  not  obey  our  will,  in  attempting  to  render  them  from 
the  Greek,  as  all  our  words,  in  like  manner,  do  not  obey  thai 
of  the  Greeks,  when  th^  tiy  to  express  something  of  ours  in 
their  own  tongne.  S.  litis  tianslatioQ  is  not  less  hareh  than 
the  euentia  and  entia  of  Flavins,*  for  the  Greek  titta :  nor  is 
*  It  ijs  probftble  tlutt  he  Ii  tiw  nm*  pencm  whom  writeri  in  ^enM*! 
mU  PspinuB  FkUvini,  a  aouteinfonTj  of  Seneoa,  »  philowipbw  imH 
tKqaamted  uM  iU  aoAv*  ^  lUngt,  u  he  is  o^ad  b;  Plut  H.  N. 
ixzTi.  2i.    Both  Uw  Seneeaa,  &tli^  and  sod,  sa;  a  gr«at  deiil  of  hlun. 


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118  QtmmuAK.  [B.n 

tt  indeecl  exact,  for  oratoria  will  be  taken  in  the  same  sense  as 
ftocirferiB,  oratrix  as  eloemlrix,  but  the  word  rhetoHee,  Oi 
which  we  are  speaking,  is  the  same  sort  of  word  as  ehqunlia, 
and  it  is  doubtless  used  in  two  senses  by  the  Greeks.  3.  Id 
one  acceptation  it  is  an  adjective,  an  rheloriea,  as  iracu 
piratiea :  in  the  other  a  subetantive,  like  philotophia  or  ami^ 
titia.  We  wish  it  now  to  luve  the  signi6cation  of  a  sub- 
stantive, just  as  Yia/i./uirixi  is  rendered  by  the  substantiTO 
lilerattura,  not  by  Uleratrix,  which  would  be  umilar  to  oratrix, 
nor  by  UUratoria,  which  would  be  aioiilar  to  oratoria;  but  for 
the  word  rkttoriet,  no  equivalent  Latin  word  lias  been  found.  ' 
4.  Let  us  not,  however,  dispute  about  the  use  of  it,  especially 
as  we  must  adopt  many  other  Greek  words ;  for  if  I  may  use 
tlie  terms  phyiietu,  untnckt,  geomelrei,  I  shat)  offer  no  un- 
seemly violence  to  them  by  attempting  to  turn  them  into 
Latin :  and  since  Cicero  himself  uses  a  Gre^  title  for  the 
books  which  be  first  «n>te  upon  the  art,  we  certainly  need 
be  nnder  no  apprehenaioa  of  appearing  to  have  nsbly  trusted 
the  greatest  of  oiatnrs  as  to  the  name  of  his  own  art. 

Rhetoric,  then,  (for  we  shall  henceforth  use  this  term  with- 
out dread  of  sarcastic  ot^ectione,)  will  be  best  divided,  in  my 
opinion,  in  such  a  manner,  that  we  may  speak  first  of  the  arl, 
next  of  the  artist,  end  then  of  the  »ork.  The  art  will  be  that 
which  ought  to  be  attained  by  study,  and  is  llie  knoaledge  how 
to  tpeak  well  llie  artificer  is  he  who  has  thoroughly  acquired 
the  art,  that  is,  the  orator,  whose  business  is  to  tpeak  ttell. 
The  work  is  what  is  achieved  by  the  artificer,  that  is,  good 
ipeaking.  All  these  are  to  be  considered  ander  specid  hmds  ; 
but  of  the  particulars  that  are  to  follow,  I  shall  speak  in  their 
several  places ;  at  present  I  shall  proceed  to  consider  what 
is  to  be  said  on  the  first  general  head. 


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What  riietflHo 


CH.ZV.}  RDDCATtOM   OF  AK   ORlTOn.  IM 

CHAPTER  XV. 

is,  S  1, 1  To  oall  It  1A<  pMMT  (/  wrMudtn^  U  to  glv* 
eat  definitian  of  Itj  8—0.  To  call  It  (Ac  ponnr  of  per- 
twiding  bj/  tptoA  U  not  nifflcUnt,  10,  11.  Other  definitions,  fs^ 
Sa  TW  of  QoreflH  in  Pkto ;  that  of  Plato  or  Soant«a  i«  th* 
Ru»dnu,  2i — SI.  That  of  Condna  Celm,  83.  Other  defl- 
nltion*  more  approved  b;  Qmntilian,  88—87.  Qnintiliui'*  own 
definitioii,  3S. 

1.  FiKST  of  all,  then,  we  have  to  oonaider  what  rhetoric  is. 
It  is.  indeed,  defined  in  various  ways ;  but  its  definition  gives 
rise  chiefly  to  two  conaidenUionB,  for  the  dispute  ia,  in  general, 
either  concerning  the  qualily  of  the  thinff  itielf,  or  eonceming 
the  comprehension  of  the  terms  in  which  it  is  defined.  Tm 
first  and  chief  difierenoe  of  opinion  on  the  snljjeot  ib,  that 
Bome  think  it  possible  even  for  bad  men  to  have  the  name  of  , 
orators  ;  while  others  (to  whose  opinion  I  attach  myeetf)  maiiv  I 
tain  that  the  name,  and  the  art  raF  which  we  are  speaking,  can  | 
be  conceded  only  to  good  men.* 

S.  Of  those  who  separate  the  talent  of  speaking  from  the 
greater  and  more  desirable  praise  of  a  good  life,  some  have 
called  rhetoric  merely  a  pouer,  some  a  teienee,  but  not  a  vir- 
tue,-f  some  a  hMt,  some  an  art,  but  having  nothing  in  com- 
mon  with  science  and  virtue ;  Hbme  even  an  abuse  of  art,  that 
is,  a  imxon^rla.l  3.  All  these  have  generally  supposed,  that 
the  business  of  oratory  lies  either  in  perfuuding,  or  in  iftakiog 
in  a  manner  adapted  to  pertuade,  for  such  ait^nay  be  attained 
hy  one  who  is  far  from  being  a  good  man./  The  most  comracm, 
definition  therefore  is,  that  oratory  it  the^wer  of  peri»adi*g.j 
What  1  call  a  power,  some  call  a  faevlly,  and  others  a  tatim, 
but  that  this  discrepancy  may  be  attended  with  no  amlriguitj, 

*  Thii  was  tha  opinkn  tX*o  of  Cito  tke  Ceiuor,  fiven  in  hii  book 
Dt  Oraton  addreBBed  to  hii  atm,  aa  appeaia  ftvm  Seneea  the  ftther, 
PrgeC  ad  CoDtrov.  L  L,  a  remarkable  paaaage,  and  worth;  of  attention 
tVom  the  etudiooB.  OrtOor  at,  Marte  JBi,  vtr  hoKiu  dietadi  ptrilKt. 
AntoniuB,  in  Cic  Da  Ont.  it  20,  diaijaguiihea  tba  OTator  from  the  good 
tnan,  aa  doei  alao  CHcero  himielf,  lovenL  L  8,  i.  See  Qaintilian  xiL 
1,  1  i  and  ProCBm.  tot.  op.  sect.  9.    fhfoldmg. 

t  s«o.  ao. 

i  We  call  that  art  a  taKorixt^a  which  hai  not  a  good,  bnt  ar  bad 
end,  a*  the  maglo  art ;  and  ■oma  abnaa  omtoij  to  the  hurt  of  theit 
lellow  ereaturea.     iwitehit. 


^' 


D,j„..;^L,  Cookie 


;i*0  QtmraiLuiT.  [a  a 

I  m«Rn  bj  power,  Him/u(.  4.  This  opinion  had  ita  origin 
firom  Isocntea,  if  die  treatise  od  the  art,  which  is  in  circulation 
under  his  name,  is  reallj  his.*  That  rhetorician,  though  he 
liftd  none  of  the  feelii^  of  those  who  defame  the  business  of 
the  orator,  gives  too  rad  a  definition  of  the  art  when  he  says, 
"  That  riietorio  is  the  ivorleer  of  perntation,  vtiivJt  dti/i,iBugy6c 
for  I  ehall  not  allow  myself  to  use  the  peculiar  tetnn  t  that 
Ennius  applies  to  Uarcua  Cethegus,  suada  medulla.  5.  In 
Plato  too,  Goi^ias,  in  the  Dialogue  inscribed  with  his  name, 
sajs  almost  the  same  thing;  hut  Plato  wishes  it  to  be  teceived 
aa  the  opinion  of  Oorgias,  not  as  his  own.  Cicero,  in  several 
passages}  of  his  writings,  has  said,  that  the  duty  of  an  orator 
la  lo  ipeai  in  a  viay  adapted  to  permade.  6.  In  his  books 
on  Rhetoric  also,  but  with  which,  doubtless,  he  was  not  satis- 
fied,!. ^^  m&kes  the  end  of  eloquence  to  be  pertuation. 
:  But  money,  likewise,  has  the  power  of  persuasion,  and 
interest,  and  the  authority  and  dignity  of  a  speaker,  and 
eien  his  very  look,  unaccompanied  by  language,  when  || 
either  the  remembnuice  of  the  services  of  any  indtTidual,  or 
a  pitiable  appearance,  or  beauty  of  person,  draws  forth  an 
Dpiniou.  7.  Thus  when  Antonius,  in  his  defence  of  Manius 
Aquilius,  exhibited  on  his  breast,  by  tearing  his  client's  robe, 
the  scars  of  the  wounds  which  he  had  received  for  hia 
country,  he  did  not  trust  to  the  power  of  his  eloquence,  but 
applied  force,  as  it  were,  to  the  eyes  of  the  Roman  people, 
mu,  it  was  thought,  were  chiefly  induced  by  the  sight  to 


SeeRDlm 


pist  ad  Div.  L  9.    H«  coiyaatares  Uut  tlura  uuy  hnve 

f  laocrataa  tbe  joiu^BT,  of  ApcJlanis,  a  disciple  of  tho 

ir  laootrntw,  menlJoned  tn  HarpocratioD  ^  Iracrdc)  uid  SuidkB. 

le  Ralmk.  Hiit,  Cat.  Oratt.  Qneoo.  prefixed  to  Batiliw  Lupus,  p.  M, 
WOT.    SptJding. 

f  i]EclHia(t<Hi&]  That  in,  tlie  peenllu'  tbrm  of  derinlJTe  from  the 
ptimltive  rtadeo.  See  viii.  S,  S3 ;  utd  Tarro  L.  L.  lib.  v.  p.  61,  ed.  Kp. 
QappenmAtr. 

X  De  Omt.  L  81 ;  Qnteit,  A^d.  i  S  i  De  Invent,  i.  S,  mA. 

I  He  sLowB  Mb  diantlK&ctioD  with  hli  SKetoriea,  or  booka  dt  In- 
matioM,  "qui  liU  sicdderint,'  Oiat.  L  £,  tntt.  See  Quint,  iil  1,  20  ; 
ill  S,  68,  63.    SptOdinff. 

g  Spaldinj^i  tazt  dm  ^ao,  but  I  have  adopted  jitim,  wbich  ha 
•nppoaaa,  in  hi*  note,  to  be  tjia  true  reeding,  raferring  to  Dnkanbon:h 
hd  Liv.  zitv.  84,  Whne  it  is  showa  lliat  (h«  and  fiMMi>  or  guon,  en 
eften  confinindsd. 


D,j,,..;uL,Cooj^|i: 


CB.ZV.]  muCATlOK  OF  AM   ORATOR.  141 

acquit  the  accused.  6.  That  Serviiu  Galba*  escaped  merefy 
through  the  pitj  which  he  excited,  when  he  not  only  produced 
'  his  own  little  children  before  the  assembly,  but  carried  round 
in  his  hands  the  son  of  Sulpidas  Gallue,  h  testjfled,  not  only 
by  the  records  of  otbets,  tut  by  the  speech  of  Cato.  9. 
I^uyue  too,  people  think,  was  freed  from  peril,  not  by  the  , 

pleadii^  of  Hyperidee,  tIlO(^;h  it  was  admirable,  but  by  the  ' 

exposure  of  her  %ure,  irhich,  otherwise  moat  strikiag,  he  had 
uncovered  by  opening  her  robe.  If,  then,  all  such  things  per- 
$%ade,  the  defiuition  of  which  we  have  spoken  is  not  satis- 
factory. 

10.  Those,  accordingly,  have  appeared  to  themselTes  morei 
exact,  who,  though  they  have  the  same  general  opinion  as  tol^ 
rhetoric,  have  pronounced  it  to  be  the  power  ofpermading  by  |y^^ 
tpeakimi.  This  definition  Gorgtas  gtver,~to  the  Dialogue  which] 
we  have  just  mentioiied,  being  fon^  to  do  so,  aa  it  were,  by' 
Socrates,  Theodectas,  if  the  treatise  on  ihetoric,  which  is 
inscribed  with  his  name,  is  his,  (or  it  may  rather,  perhaps,  as 
has  been  supposed,  be  the  work  of  Aristotle,)  does  not  dissent 
from  Gorgias,  for  it  is  asserted  in  that  book,  that  the  object  <A 
oratory  is  to  lead  men  by  speaking  to  Ihat  which  the  epeaker  h 

aishet.     1 1.  But  not  even  this  definition  is  sufficiently  com- 
prehensive ;  for  uot  only  the  orator,  but  others,  as  barlote,  flat- 
terers, and  seducers.t  persuade,  or  lead  to  that  which  they  i 
wish,  by  speaking.     But  the  orator,  on  the  contrary,  does  not  | 
always  persuade ;  so  that  sometimes  this  is  not  bis  peculi^ 
ol^ect ;  sometimes  it  is  an  object  common  to  hitu  with  others', 
who  ara  very  different  from  orators.     IS^^^'  Apollodorus I  ^Wi^cV      ) 
varies  but  little  from  this  defloition,  as  he  says,  that  the  first  |      ,             ' 
and  supreme  object  of  judicial  pleading  is  lo  pereaadt  the  I    '^         -A     " 
judge,  and  to  lead  him  to  whatever  opinion  the  tpeaker  thay  h  <?'   ' 
with,  for  he  thus  subjects  the  oratcr  to  the  power  of  fortune,  '       [ 
sq  that,  if  he  does  nqiajioceed  in  persuading,  he  cannot  retain 
the  name  of  an  orator/  1 3.  Some,  on  the  other  hand,  detaoh 
themselves  &om  all~coD3iderationB  as  to  the  event,  as  Aiialotle, 

*  WliBD  hs  waa  pnatior  in  Spain  he  had  pat  to  dntlk  a  bodj  of 
Luiitauiuis  after  pUdmng  Ihe  public  fulh  tbat  thrir  Uvea  alKnild  ba 
■pitredl  an  act  for  nhich  ho  ne«  acciis^  before  the  people  bj  tbs 
tribune  Libo,  who  was  suppoitel  bv  Coto.  TttrtebMt.  See  Go.  da 
Oral.  i.  68." 

t  Cbrr«ptor<(]  Qui  mares  ventintnr.  SpaUiiig.  Oe.  Ven.  ill  3 
Critil.  iL  1.     Not  iribert,  fur  they  seduoa  with  money,  not  wifh  words, 

D,j„..;uL,Coo^|i: 


[B.IL 


«bo  lajTB,  tha^orators  U  the  power  ofjinding  omt  wbaltwet  can 
uermadt  m  tpeakin^j  But  this  definition  has  not  only  tha 
lault  of  which  %ve  have  juat  spoken,  but  the  additional  one  of 


comprehending  nothing  bat  invention,  which,  without  elocu- 
tion, cannot  constitule  orator?.  14.  To  Henna^raa,  who  aaye^ 
that  the  object  of  oratory  i^  to  tpeak  penuoMvelg,  and  to 
others,  who  expreaB  themselves  to  the  same  purpose,  though 
not  in  the  same  words,  but  tell  us  that  the  olgect  of  oratoi;  ia 
to  fajr  all  tkat  Might  to  b*  Maid  n  order  to  pertitade,  a  suf* 
flcient  answer  was  given  when  we  showed  that  to  pertMode  is 
not  the  buaineas  of  the  orator  only. 

IS.  Various  other  opinions  have  been  added  to  these,  for 

some  have  thought  that  oratory  may  be  employed  about  alt 

tubjeeli,  others  only  about  politieal  affaire,  but  which  of  these 

notions  is  nearer  to  truth,  I  shall  inquire  in  (hat  part  of  my 

work  which  will  be  devoted  to  the  question.     10.  Aristotle 

seems  to  have  put  everything  in  the  power  of  oratory  when  he 

says,  that  it  is  tA«  power  of  iayim/\  on  every  tubjeel  whatever 

can  be  fowtd  to  perttiade :  and  such  is  the  case  with  Pa- 

/  trotdeSiJ  who,  indeed,  does  not  add  on  every  ntbjeel,  but,  as  ho 

/  makes  no  eioeptjon,  ehows  that  his  idea  is  the  same,  for  he 

I  calls  oratory  the  power  of  finding  ahalever  it  pertuasive  in 

\ipe»kiny,   both  wnich  definitions  embrace  invention  alone. 

TheodoruB,$  in  order  to  aToid  this  defect,  decides  oratory  to 

be   the  power  of  diecovering  and  expreiting,  with  elegance, 

whatever  it  credible  on  any  lubjeet  whatever.     17.  But,  while 

one  who  ia  not  an  orator  may  tand  out  what  is  credible  as  well 

as  what  is  persuasive,  be,  by  adding  on  any  eubject  whatever, 

grants  more  than  the  preceding  makers  of  definitions,  and 

allows  the  title  of  a  most  honourable  art  to  those  who  may 

■  T«r  SiMqffoi  ri  ivttxifitfav  irtBavav.     Bhat.  L  %  I. 

t  iKsnwKj  Though  thi^  is  the  readiDg  of  all  oopiw,  SpUding  jostlv 

obBerrea  tliat  it  oumot  b«  right,  aa  it  ia  at  variance  with  what  i>  aaid 

in  iBct.  18,  Bod  that  we  ought  to  read  iiwenintdi  or  K>methiiig  aimilBr. 

t  He  ia  mentioiied  again,  iiL  6,  44.    Ifothiug  more  U  known  of  him 

UutD  ii  to  be  lesniad  from  theae  twit  psaoagea. 

f  I  do  Dot  BDppaae  him  to  be  the  aame  Uiat  la  mentioned  In  aect.  SI, 
or  Quintilian  would  acarcelj  have  added  "  of  Ondara'  when  he  mau- 
ioned  him  the  uoond  time,  unleaa  he  had  intended  to  diatinguiah  the 
one  from  the  other.  We  muat  aappoee,  therefore,  that  it  ia  Theodorus  of 
Bysutium  who  ia  meant ;  ■  rhetorician  mentioced  hj  Piato  Phiedr. 
p.  2S1  E^  aa  well  as  bj  Quint,  iil  1,  11 ;  and  Bee  Cia  Brut,  c  12  ;  Otak 
*.12.     Riding. 


t,  Google 


eH.xv.j  KDncATieir  of  an  okatob.  U9 

penoade  ewa  to  crime.  IB.  Gorgiits,  in  Plato,  calls  himself 
B  master  of  perBuasion  in  oonrta  of  justice  and  other  asaem 
liliea,  and  sajs  that  he  treats  both  of  what  is  just  and  what  ia 
uqjast ;  and  Socntea  allows  him  the  art  of  penuadinff,  bat  not 


16.  Those  who  hare  not  granted  all  subjects  to  the  orator, 
have  nude  distinctions  in  their  definitions,  as  they  were  neces- 
sitated, with  more  anzietf  and  verbositj.  One  of  these  ia 
lAiistcn,  a  disd^e  of  Critol&us,  the  Peripatetic,  whose  defi- 
nilion  of  orator;  is,  that  it  is  the  *cimce  of  dueaveriny  and 
■exprtMing  what  ought  to  ht  laid  on  political  affain,  in  language 
■adapted  to  persuade  the  people.  SO  He  considers  oratory  a 
teienee,  because  he  is  a  Peripatetic,  not  a  virtue,  like  the 
Stoics,*  but,  in  adding  adapted  to  pertuade  the  people,  he 
throws  disfaononr  on  the  ait  of  oratory,  as  if  he  thought  it 
unsnited  to  perauade  the  learned.  Bat  of  alt  who  thiuk 
that  the  orator  is  to  discourse  only  on  political  questions,  it 
may  be  said,  once  for  all,  that  many  duties  of  tbe  orator  are 
Bet  aside  by  them ;  for  instance,  all  laudatory  speaking,  which 
is  the  ^ird  part  of  oratory.f  SI.  Theodoras,  of  Gadani,  (to 
proceed  with  those  who  have  thought  oratory  an  art,  not  a  fi 
virtue,)  defines  more  cautiously,  for  he  says,  (let  me  borrow 
tbe  words  of  those  who  have  translated  his  phraseology  from 
the  Greek,)  that  oratory  is  an  art  that  dtteotert,  and  judget,  /;  / 
and  enaneiaitt  with  tuitable  eloquence,  according  to  the  meature  n 
of  that  which  may  be  found  adapted  to  pertuading,  in  any  tu6- 
iect  connected  uith  poUtieal  affairs.  2-2.  Cornelius  Cekus,  in 
like  manner,  says  that  the  object  of  oratory  is  la  loeak  per-  ,-' 
maiively  o*  doui>{ful  and  political  mattere.     To  tiiese  dt.fi-   O 


1  2.  The  Stoice  nsceuarUy  held  this  opinion,  as  thej  oln  gsv* 
diaUelia  ood  phytia  the  name  of  twtaM,  Cia  de  I^n.  iij.  SI ;  and  at 
dialcetioi,  taken  in  iti  widest  seDiie,  oratorj  or  rhetoric  may  be  considerud 

.  u  ■  part.  Tbe  Stoics,  indeed,  mi^e  tbe  word  JniTTq/ii)  thu  basis  of  nil 
Uieir  definitions  of  Tirtuee  ;  see  Stob.  Eclof;.  p.  1S7,  ed.  Antv. ;  and 
Virtae  itself  is  defined  by  Uusonius  Rufus,  the  master  of  Epictetm,  as 

^isumjc^jw  not  taertlg  IheorOiad,  but  practical :  Stob.  SBrm.  p.  iOi,  ad. 
Tigur.    If  therefbie  the  definition  of  eloquence  in  the  text  had  pro- 

,o*«dedfroin  a  Stoic,  and  not  a  Peripatetic,  he  would  bavs  scbnowledged 

i,it  to  be  a  virtue  b;  the  very  admission  that  it  Was  knowledf^e.  See  c. 
SO  of  this  book.     :^)alding. 

t  The  tfiddctie,  the  oUrac  two  parti  being  the  ddOitraliti  and  th* 


D,j„.„_,  Cookie 


(U  OtTINTtLtAlf.  [kO, 

tiitions  there  are  some,  not  reiy  dissimitar,  given  bj  others, 
eiioh  as  this :  oratory  m  the  poieer  of  judging  and  ditcourtitig 
OH  such  civil  qualiont  at  are  mbmilted  li  it,  with  a  eertaiii 
persuativeneu,  a  certain  action  of  the  body,  and  a  certain  modt 
of  delivering  tnhal  it  exprettea.  33.  There  are  a  thousand 
other  definitions,  but  either  similar,  or  composed  of  simikr 
elements,  which  we  shall  notice  whoi  we  come  to  treat  upon 
the  subjects  of  oraloiy. 

Some  have  thot^ht  it  neither  a  power,  nor  a  aoienee,  nor  an 
art ;  Critolaus  calls  it  the  practice  of  tpeaking ;  (for  such  ii 
the  meaning  of  the  word  f^'Cq;)  Atbeosus,*  the  art  of  deeeie- 
ingA  31.  But  most  wntei^,  satisfied  with  reading  a  fev 
passages  from  Plato's  Oorgias,!  un^ilfully  extracted  b;  their 
predecesBora,  (for  they  neither  consult  the  whole  of  that 
dialogue,  nor  any  of  the  other  writings  of  Plato,)  have  fiJlea 
into  a  very  grave  error,  supposing  that  that  philosopher  enter- 
tained such  an  opidioo  as  to  think  that  oratory  wat  not  an  art, 
but  a  certain  ikilfulneai  in  flattering  and  pleasing;  25.  or,  es 
be  says  in  another  place,  the  hmulation  of  one  part  of  polity, 
and  the  fourth  tort  of  flattery,' for  he  assigns  two  parts  of 
polity  to  the  body,  medicine,  and,  as  they  interpret  it,  exercite, 
and  two  to  the  mind,  law  and  jiutiee,  and  then  calls  the  art  of 
cooki  the  flattery  or  simulation  of  medicine,  and  the  art  <^ 
dealer$  in  slave*  the  simulation  of  the  effects  of  exercite,  aa 
they  produce  a  false  complexion  by  paint  and  the  appearance 
of  strength  b;  unsoUd  fat ;  the  simulation  of  legal  science  he 
calls  sophistry,  and  that  of  justice  rhetoric.  S6.  All  this  is, 
indeed,  expressed  in  that  Dialogue,  and  uttered  by  Socrates, 
under  whose  person  Plato  seems  to  intimate  what  he  thinka-.; 
but  some  of  lua  dialogues  were  composed  merely  to  refute  thos* 
who  ai^ed  on  the  other  side,  and  are  called  iktyKriMl: 
others  were  written  to  teach,  and  are  called  iay/iMrixii!.  2't. 
But  Socrates,  or  Pkto,  thought  that  sort  of  oratory,  which  was 
then  practised,  to  be  of  a  dogmatic  character,  for  he  speaks  of 
it  as  being  xard  rwrs*  rii  rgWai'  3f  u/uit  ^^Xfriuitdi.g  "  ac- 
cording to  the  manner  in  which  you  manage  public  aflaira," 

*  He  ia  mentioned  ngmia,  UL  1, 16.  Nothing  more  te  knowii  of  UlB 
thui  is  to  be  learned  from  theae  two  ptswgea  of  QuintiliuL 

f  It  ia  BtranRe  tbat  uaoDg  tboae  who  said  tbat  oratory  waa  nritbar  a 
Bover,  nor  a  tctenee,  nor  on  art,  QuiDtiliah  ihould  rank  oDt  wiko  odlatJ 
ft  dia  "  art  of  deceiviag."     .'JinHin^. 

i  I'lato  Qorg.  •ect.  43,  teqg.  p.  4Slf,  ed.  Steph, 

I  tjeot.  ISO,  p.  500  C.  ■■'■': 


D,j„..;uL,Gooj^k' 


OH.XT.',  lEJCATIOB  OF  AN   OHATOR.  U^ 

•□d  und«W»>'ls  oratoiy  of  a  sincere  and  honourabte  nature. 
The  diapnte  vith  Goi^as  is  accordingly  thus  terminated:  "  It 
is  therefore  necessary  that  the  orator  be  a  just  man,  and  that 
the  juBt  man  should  wish  to  do  just  thinga.***  Q8.  When  tid» 
has  been  said,  Gorgias  is  silent,  but  Polua  resamee  the  subject, 
who,  from  the  ardour  of  youth,  is  somewhat  inconaideratei  and 
in  lepl;  to  whom  the  remarks  on  simulstioii  aud  flattery  are 
made.  Calliclea,  who  is  even  more  vehement,  epeaka  next, 
but  is  reduced  to  the  conclusion,  that  "  he  who  would  be  a 
true  orator  must  be  a  just  man,  and  must  know  what  is  juat  i"t 
and  it  is  therefore  evident,  that  oratory  was  not  considered  by 
'  Plato  au  evil,  but  that  he  thought  true  oratory  could  not  be 
sttoiued  by  any  but  a  just  and  good  man.  29.  In  the  Fhndrus 
he  sets  forth  still  more  clearly,  that  the  art  cannot  be  fully 
acquired  without  a  knowledge  of  justice,  an  opinion  to  which  I 
also  assent.  Would  Plato,  if  he  bad  held  any  other  senti- 
ments, have  written  the  Defence  of  Socrates,  and  the  Eulogy 
of  tl>oee  who  fell  in  detence  bf  their  country.)  compositiona 
which  are  certainly  work  for  the  orator?  90.  Bnt  he  has 
even  inveighed  against  that  class  of  men  who  used  their 
abilities  in  speaking  for  bad  ends.  Socrates  also  thought  the 
speech,  which  Lyeias  had  written  for  him  when  accused,  im^ 
proper  for  him  to  use,  though  it  was  a  general  practice,  at  that 
time,  to  compose  for  parties  appearing  before  the  judges 
speeches  which  they  themselves  might  deliver;  and  thus 
an  elusion  of  the  law,|  by  which  one  man  was  not  allowed 
to  speak  for  another,  was  effected.  81.  By  Plato,  also, 
those    who    separated    oratory   from  justice,    and   preferred 

*  Sect.  3£,  p.  480  C. 

t  Sect.  1S6,  p.  GOS  C. 

t  Plato  wrote  a.  funeral  ontjon  ou  wme  Atliemnil  who  liad  bllea 
io  battle  ;  &  compoaitioc,  uya  Cicero,  which  wu  (o  well  received,  that 
it  wu  recited  publicly  oa  a  certain  day  in  every  year.    Titnubut. 

i  Of  this  Uw  I  hHvu  found  no  mention  in  any  other  anther,  nor  hai 
taj  one  of  Qtiintilian'a  commeDtatori  paid  due  attention  to  ttiia 
pa«sage.  That  what  he  aajB  ia  true,  and  Oitt  it  waa  not  cuitomary  at 
Athena  for  one  man  to  ipeak  for  another,  eeema  to  be  ahown  by  tb« 
&ct  thftt  in  the  wcrka  of  the  Greek  oraton  tbe  litiganta  alwdjs  apeak 
for  themaeWea.  The  only  eiception  waa,  when  the  litigsot  had  not 
tbe  privilegie  of  apeakiag,  ae  Calliaa,  who  waa  a  attac,  ud  for  whom 
Lyaiae  ipoke  ;  {aee  L7B.  <  rat.  v.,  and  Wolf.  Prol.  in  Lept  p.  09 ;)  and: 
peraona  under  age,  anrl  women.  Spalding.  He  adda  a  few  Dior* 
ram&rfca,  which  tbe  reader  may  oonaait, 


D,j,,..;uL,Coo^|i: 


14«  QtnSTlLtAIt.  [bh. 

what  Is  pitibnble  to  what  is  true,  were  thought  no  proper 
l«achen  of  the  art,  for  ao  ho  sigai6es,  too,  ia  hie  Phndim. 
S3.  Comelim  Celsos,  moreover,  maj  be  thooght  to  have  been 
of  the  eame  opinion  with  those  to  whom  I  huTe  just  refemd, 
for  his  words  are,  the  orator  aimt  only  at  the  tewAlauee  of 
tnth ;  and  he  adda,  a  litde  after,  mot  purilg  of  emueiemee,  Ivt 
the  victory  of  hi*  eUent,  i*  the  reward  of  the  pleader.  Were 
suc^  osHertions  true,  it  would  become  ou);  the  worst  of  men  to 
f^fo  such  [lemicionB  weapons  to  the  roost  mischievoos  of  cha- 
racters, and  to  aid  dielwDesty  with  precepts;  but  let  those 
,'  who  bold  this  opinioD  consider  what  ground  they  have  for  it 
I  33.  Let  me,  for  my  part,  as  I  hare  midertaken  to  form  a 
/  ferfe^  orator,  whom  I  would  have,  above  ul),  to  be  a  yood 
I  man,  return  to  those  who  have  bettor  thoughts  of  the  art 
Some  have  prononnced  oratory  to  be  indenticat  with  civil 
polity;  Cicero  calls  it  a  part  of  civil  polity;  and  a  Icnoalcdge 
of  civil  polity,  he  thinks,  is  nothing  less  than  wisdom  itselC 
Some  have  made  it  a  part  of  philotophy,  among  whom  is 
laocrates.*  S4.  With  this  charactorf  of  it,  the  d^nition  that 
oratory  it  tke  teienee  of  tpeakimg  well,  agrees  excellently,  for 
it  embraces  all  the  virtues  of  oratoiy  at  once,  and  includes  also 
tho  charaoler  of  the  true  orator,  as  he  cannot  epeak  well 
unless  be  be  a  good  man.  89.  To  the  same  purpose  is  the 
definition  of  Ch^ppDs,  derived  from  Cleanthes,}  the  leienee 
of  leaking  properly.  There  are  more  definitions  in  the  samo 
philosopher,  but  iJm^  relate  rather  to  other§  questions.  A  defi- 
nition framed  in  these  terms,  to  pertuade  to  whet  is  »eees$ary, 
would  convey  the  same  notion,  except  that  it  makes  the  art 

*  Thli  We  m*;  mppoM  to  have  baen  uid  In  tha  loat  traatios  men- 
tioned in  leiifc,  t.     In  the  rat  of  his  writiDga  he  Iji  aocustomed  to  nae 
-     "       'f  with  man  IMitnde  thu  ww  nnwl ;  u  in  tha 


Puie^ric,  4  ^•fi  roif  Uvouc  ftXasofla.     Spalding. 

t  Buie  ijm  talatantta^]  That  ii,  eiWp,  finf,  tme\ 
■imimm  bano  tmm  Aetonon  iiKurigiii,  natimin,  mb 
•timuB.    CtaajMroRHT. 

{  "CSMDUaa  WTota  a  hM«ti»e  on  the  art  of  riiatoria.  and  k>  did 
O^jA'paat,  boi  Uwlr  wrltingi  wen  (rf  moh  *  nature  that  if  ■  man 
wiihed  tat  month  oloaed  for  aver  ba  hai  Dothiog  to  do  bat  raul  them.* 
Ciik  Aa  Fla.  iv.  S.  Ia  their  dafinitioD  the  aipreMion  doubtlaaa  iraa 
lifOAf  Xifitr,  inatead  of  id  MrMv,  whiah  ia  found  ia  Saxt.  Brnpir.  pL 
aSB,  and  bios.  UStt.  Tii.  41.    ^hMhv- 

S  Hm  to  «Mi^  whet&ar  oloqaonee  ia  to  be  attcibatad  to  a  good  man 

DigiLzcdt*  Google 


CU  JtVI.]  EDOCARON   OF  AM  OBATOR.  UT 

depeud  on  the  reeult.  30.  Areua*  de&aea  ontoij  well,  aaj 
ing  that  it  ia  to  ip««it  aacording  lo  the  exeeiUnee  of  ipeech 
Those  olao  exclude  bad  men  from  orUoij  who  consider  it  as 
the  knowledge  of  civil  dutiaa,  since  the;  deem  such  knowledge 
virtue ;  but.  thej  confine  it  within  too  nazrow  bounds,  and  to 
political  questions.  Albntiu8,t  no  obscure  professor  or  author, 
allows  that  it  ia  the  or J  e/  ipeaking  veil,  but  errs  in  giving  it 
limitfttions,  adding,  on  political  quelioiu,  and  mlh  probohiUty, 
of  both  which  restrictions  I  have  alread;  di^nsed ;  those,  (no, 
OM  men  of  good  intention,  who  consider  it  the  business  pf 
orator;  to  think  and  tpeak  rightly. 

37.  These  arealmost^  themoBtoelebrat«ddefini^ns,  and 
those  about  which   there  ia  the  soet  eontroreis;;    for  te 
discuas  all  would  neither  be  much  to  the  piupose,  nor  would 
be  in  my  power;  since  a  £x>lish  desire,  as  I  think,  baa  pre 
vailed  among  the  writers  of  treatises  on  rhetoric,  to  d^ne  ^, 
nMhing  in  the  same  terms  that  another  had  already  used ;  a  / 
vain-^rioua  practice  which  sh^  be  &r  from  me.     38.  For  I 
aludl  say,  not  what  I  shall  invent,  but  what  I  shall  improve ;  . 
as,  for  instance,  that  oratory  it  Iht  art  of  optaking  wWi,'!'^'^*^" 
«nce,  when  the  best  aShnlUM  U  UiUUd,  111)  WUU  wm  for  ^t-^ 
another  most  aeekfijr  a  worse. 

This  being  admitted,  it  is  evident  at  the  same  time  whal\ 
object,  what  highest  and  ultimate  end,  oratory  has ;  that  object  /      / 
or  end  which  is  called  in  Greek  riXofj  and  to  which  every  art  r   ^-z 
tends ;  &r  if  oratory  be  the  art  of  tftakittg  veli,  its  object  and 
BJtinuUe  end  must  be  to  *peak  well. 


CHAPTER  XVI. 


Oratofy  «dd  b;  aoma  to  be  a  parDidoui  art,  bManM  h  may  ba 
perv«t«d  to  bftd  mda,  fi  1 — I.  Wa  miRht  wy  Ui*  Mm*  at  cthat 
tUoga  tlut  are  allow^  to  be  beoeficud,  S,  6.  It*  aioelleiwa^ 
7^16.  The  abundant  ntonk  tlkat  it  makes  for  ooltJtslioD,  17 — 1% 
1.  Hext  comes  the  question  whether  oratory  u  utcjul;  for 

•  He  m«y  pouibly  bare  bean  the  Stoic  philoeopher  of  Alsundria, 
fcr  wboa*  Bake  Csnr  Octaviuiiu  apanKl  that  city  ;  aee  Plut.  in  Anton, 
p,  DCS  A.  Hia  nsme  is  aometimea  vritten  Ariua,  the  Oreek  being 
'Anttae.     Bee  Fabria  BibL  Qr.  Hari.  vol.  ili..  n.  510.    Snaldma. 


D,j„.„^L,  Cookie 


148-  QUUiviLUiT.  Il.n. 

some  Are  acciutomed  to  declaim  violently  against  it,  and,  what 
is  moat  uDgenerous,  to  make  use  of  the  power  of  oratory  to  la; 
accusntions  against  oratory  ;  S.  they  say  that  eloquence  it  thta 
which  tavea  the  wkkcd  from  punuhment ;  hy  the  dithimetty  tf 
which  the  innocent  are  at  limei  condemned;  hy  which  dt- 
liberalions  are  influenced  to  the  worie  i  by  which  not  only 
papular  seditions  and  tumults,  but  even  inexpiable  wart,  are 
excited  ;  and  of  which  the  efjicaey  it  the  greatett  when  it  exertt 
itself  for  falsehood  i^aituttrvth.  3.  Even  to  Socrates,  the  comic 
writers  make  it  a  reproach  that  he  taagkt  how  to  make  the  worte 
reason  appear  the  better  t  and  Plato  on  his  part  aays  that 
Tisias  and  Goi^iaB*  professed  the  same  art.  4.  To  these 
they  add  examples  from  Greek  and  Roman  history,  and  give  a 
list  of  persons  who,  bj  exerting  such  eloquence  as  was  mis- 
chievous, not  only  to  individuals  bot  to  commnnittee,  have 
disturbed  or  overthrown  the  constitutions  of  whole  states; 
asserting  that  eloquence  on  that  aceoont  was  banished  from  the 
state  of  Lacednmon,  and  that  even  at  Athens,  where  the 
orator  was  forbidden  to  move  the  passions,  the  powers  of 
eloquence  were  in  s  manner  curtailed. 

9.  Under  such  a  mode  of  reasoning,  neither  will  geuerala, 
nor  magistrates,  nor  medicine,  nor  even  wisdom  itself,  be  trf 
any  utility ;  for  Flaminius  t  was  a  general,  and  the  Gracchi, 
Satumini,  and  Glaucie  were  magistrates;  in  the  bands  of 
physicians  poisons  have  been  found ;  and  among  those  who 
abuse  the  name  of  philosophers  have  been  occasionally 
detected  the  moat  horrible  crimes.  6.  We  must  r^ect  food, 
for  it  has  often  given  rise  to  ill  health :  we  must  never  go 
under  roofs,  for  thej  sometimes  fall  upon  those  who  dwell 
beneath  them  ;  a  sword  must  not  be  foiled  for  a  soldier,  for  a 
robber  may  use  the  same  weapon.  Who  does  not  know  that 
fire  aud  wal«r,  without  which  life  cannot  exist,  and,  (that  I  may 
not  confine  myself  to  things  of  earth,)  that  the  sun  and  moon, 
the  chief  of  the  celestial  lumiuaries,  sometimes  produce  burU 
ful  effects  ? 

AngiutuB.  See  Senee.  Rhet.  Contr.  iii.  pnef.  p.  IBT  Bip.;  tlMo  Soaton. 
d«  Bbet.  6. 

■  "Tibias  and  OorgUa,  I17  the  power  of  word^  make  small  tbinga 
CMttt,  aDd  gr«:kt  things  sm^"     Plato  Phndr.  p.  SffI,  A.. ;  ue  also  p. 
irS,  A,  B,  C.     Spalding. 
*  Tbe  genenl  who  wu  defaat«d  Ij  Hannibal  at  the  btk«  Thra«i. 


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OH.XVL]  BbocAnoH  or  am  obatoa.  U9 

■  7.  Will  it  be  denied,  however,  that  the  blind  Appioa,  by  the 
Ibrce  of  iaa  eloquence,  broke  off  a  dishonourable  treaty  of  peace 
ftboat  l«  be  oonoluded  with  Pyrrboa?  Was  not  the  divine 
eloquence  of  Cicero,  in  oppositioB  to  the  agrarian  lavs,  even 
popular?*  Did  it  not  quell  the  darii^  of  Catiliue,  and  gain, 
in  the  toga,  the  honour  of  thankagiTiags,  the  highest  t  that  ia 
givHi  to  geuerak  victorious  in  the  field  ?  8.  Does  not  oratoiy 
often  free  the  alarmed  minds  of  soldiera  from  fear  and  per- 
Buade  them,  when  they  are  going  to  face  so  many  perils  in 
battle,  that  glety  is  better  than  life  ?  Nor  indeed  would  the 
LacedfeoMHiifms  and  Athenians  influence  me  mora  than  the 
pet^le  of  Bome,  among  whom  the  highest  respect  has  always 
been  paid  to  orators.  9.  Nor  do  I  think  that  founders  of  cities 
would  have  induced  their  unsettled  multitudes  to  form  them- 
selves into  communities  by  any  other  means  than  by  the  influ- ' 
ence  of  the  art  of  speaking ;  X  nor  would  legislators,  without  the 
utmost  poweroforatory,  have  prevailedon  men  to  bind  themselves 
to  submit  to  the  dominion  of  law,  10.  Even  the  veiy  rules 
for  the  conduct  of  life,  beautiful  ea  they  are  by  nature,  have 
yet  greater  power  in  forming  the  mind  wlten  &B  radiance  of 
eloquence  illumines  tbe  beauty  of  the  precepts.     Though  the 

i^ons  of  eloquence,  therefore,  have  effect  in  both  directions, 
s  not  just  that  that  should  be  accounted  an  evil  which  we 
may  use  Id  a  good  purpose. 

11.  But  these  points  may  perha^  be  left  to  the  considera- 
tion ot  those  who  think  that  the  substance  of  eloquence  lies 
in  the  power  to  persuade.     But  if  eloquence  be  the  art  of 
ipeakinii  ipeU^(^B  dofimdoa  which  X  adopt,)  so  l^t  a  true 
orator  must  be,  ahovu  alU  a  gsxtA  maa,  it  must  assuredly  b^J- 
acbiowledged  that  it  is  a  useful  art     13,  In  truth,  the' 
sovereign  deity,  the  parent  of  all  things,  tbe  architect  i^  the  <  - 
world,  has  distinguished  man  from  other  beings,  such  at  least 
as  were  to  be  mortal,  by  nothing  more  than  by  the  faculty  of 
speech.     13,  Bodily  frames  superior  in  size,  in  strength,  in 
firmness,   in  endurance,    in  activity,   we  see   among  dumb 

■  A  ipeecli  ■gainst  the  agnrian  lawi  ooold  not  have  been  well 
received  by  the  peopU^  without  bcdiig  in  ths  bighent  d^rae  fordble  and 
doqneut.  "Wlule  joa  apoke,  {O  Cioero  I)  the  tribaa  relin^iahed  the 
■gnxiu  Ikw,  thatia,  their  own  meat  and  drink."     Plin.  E.  V.  vii.  81. 

f  Bang  prelirainM7  to  ■  triumph,  bf  which,  howevtt',  it  waa  not 
alwava  followed.     Cic.  Ep.  ad  DIt.  iv.  E. 
$  a«e  Oeera  de  Inv.  L  2 ;  De  Orat.  L  8. 


D,j„..;^L,  Cookie 


leo  qmrmtiut.  [fctt 

enatorM,  taxi  olioerve,  too.  that  they  ha.fO  Itm  need  than  w« 
hare  of  external  asaittance.  To  walk,  to  feed  thentseWes, 
to  Bwim  over  water,  tliej  learn,  iu  less  time  than  we  can,  from 
nature  herself,  withoat  the  aid  of  any  other  teacher.  14. 
Moot  of  them,  also,  are  equipped  ogainet  cold  hj  the  pn)dnc4 
of  their  own  bodies ;  weapons  for  their  defence  are  bom  with 
them;  and  their  food  lies  before  their  &ces;  to  Ripplj  all 
which  wants  mankind  have  the  greatest  difficolty.  The 
divinity  has  therefore  given  ns  reason,  superior  to  aH  other 
qualities,  and  appointed  us  to  be  sharerv  of  it  vrith  the  im- 
morta]  gods.  15.  But  reason  could  neither  profit  us  so  much, 
nor  manifest  itself  so  plainly  within  us,  if  we  could  not  exjvess 
by  speech  what  we  have  conceived  in  our  minds ;  a  foeulty 
which  we  sea  wanting  in  other  animals,  br  more  than,  to'  a 
certain  degree,  nnderstanding  and  redection.  16.  For  to  con- 
trive halntations,  to  construct  nests,  to  bring  np  their  yoni^ 
to  hatch  them.*  to  lay  np  provision  for  the  winter,  to  prodvtx 
woAa  inimitable  I7  us,  (as  those  of  vrax  and  honey,)  is  perhaps 
a  proof  of  some  pcvtion  of  reason  ;  but  as,  though  they  do  such 
things,  they  are  witboiit  the  fiRolty  of  t^ieecb,  they  ate  called 
Annft  and  hratiimal.  IT.  Even  to  men,  to  whom  speedi  has 
been  denied,  of  how  little  avail  is  divine  reason  I  If,  therefon, 
we  have  recNved  from  the  gods  nothing  more  valuable  than 
speech,  what  can  we  consider  more  deserving  of  entdvstion 
and  exercise?  or  in  what  can  we  more  strongly  desire  to  be 
superior  to  other  men,  than  in  that  by  which  man  himself  is 
superior  to  other  animals,  especially  as  in  no  kind  of  exertion 
does  labour  more  plentifully  bring  its  reward?  18.  This  will 
be  BO  much  the  more  evident,  if  we  reflect  from  what  origin, 
and  to  what  extent,  the  art  of  eloquence  has  advanced,  and 
how  far  it  may  still  be  impmved.  19.  For,  not  to  mention 
how  beneficial  it  is,  and  how  becoming  in  a  man  of  virtne,  to 
defend  his  friends,  to  direct  s  senate  or  people  by  his  counsels, 
or  to  lead  an  array  to  whatever  enterprise  he  may  desire,  is  it 
not  extremely  honourable  to  attain,  by  the  common  under- 
standing and  words  irtueh  all  msn  nee^  so  high  a  degree  of 

*  Da  Qaj  then  brtng  then  tip  bafore  tktj  furtch  tlwm  t  Tet  Vbm 
eipr«ssioD  of  Homer  U  exactly  simlkr,  Irpafi)/  4?  lyimrro.  Spalding. 
Oathrie  igiiaTmitl]r  muxaert  (let  ma  be  pardoned  for  Dotiolng  so  sanUl 
ft  owttoi)  that  tmiwirr^  meant  to  aicliide  the  ydnng  onaa  ^m  tba 


D,j„.„_,  Cookie 


0H.XT1L]  RDUUTl.K  OP  AN  ORATOR.  ISl 

Hteem  and  glor;  u  to  appear  not  to  speak  or  plead,  bnt,  U 
was  tilt  case  with  Periclea,  to  hurl  forth  lighuting  and  tbund^  ? 


CHAPTER  XVII. 


Ontarj  is  Dunifeatly  an  &rt,  1 1 — i.  Tot  some  h&Te  duoied  that  it  u, 
U)d  mid  that  iti  power  is  wholly  from  n&turs,  G — 8.  Eiamplea 
ftom  otliar  trim,  B,  10.  Every  one  tfant  ipesks  ii  not  ui  oTator, 
II — 13l  Opiuisti  a(  AriitatJe,  li.  Other  chargM  i^;unat  oratory  ; 
tbat  it  hM  oo  peculiar  lubjact  or  matter,  and  that  it  aometimea 
deceiFSB,  IS — 18.  BefutAtion  of  these  chaigei,  19 — SI.  DuAdrlj 
ebjecled  to  it  that  it  has  no  proper  end,  22 — S6.  Not  pernicious 
beeauae  it  aometiinBa  mialeadB,  37— B«.  Anothar  objection,  that 
It  may  be  axerted  on  either  aide  of  a  qneation,  and  that  it 
ooutrailiota  itaolf;  anawered,  80 — 36.  t^tory  ia  iomeiiiuBi 
ignorant  of  tbe  truth  of  what  it  awaits ;  but  the  same  ia  the 
case  with  other  arte  and  BcieQoes,  30 — 10.  ConQrmation  of  ita 
being  an  art,  il  —43. 

1.  Thebb  would  be  no  end  if  I  should  allow  myself  to  ei- 
liatiftte,  and  indulge  m,v  inclination,  ou  this  head.  L«t  us 
proceed,  therefore,  to  the  question  that  follows,  ichelhtr  oratory 
be  AM  art.  2.  That  it  is  an  art,  every  one  of  thoso  who  have 
given  rules  about  doquence  has  been  so  far  from  doubting, 
that  it  is  shown  by  the  very  titles  of  th^ir  books,  that  tbey  ore 
written  on  the  oratorieal  art ;  and  Cicero  also  says,  that  what 
ia  called  oralarg  is  arl^ficiat  eloquenee.  This  distinctjon,  it  ia 
not  only  oratoiB  that  i^ve  claimed  for  themselves,  (since  they 
tuay  be  thought,  peiliaps,  to  have  given  their  [H^SMion  some- 
thing inore  than  its  due,)  but  ibo  philosophers,  the  Stoics,  and 
most  of  the  Peripatetics,  agree  widi  them.  3.  For  myself,  I 
confess,  that  I  was  in  some  doubt  whetb^  I  should  look  upon 
tliis  part  of  the  inquiry  as  necessary  to  be  cousidered ;  for  who 
is  80  destitute,  I  will  not  say  of  learning,  btit  of  the  common 
understanding  of  mankind,  as  to  itm^oe  that  tbe  work  of 
building,  or  weaving,  or  moulding  vessels  out  of  clay,  is  an 
art,  but  that  oratory,  the  greatest  and  noblest  of  works,  has 
attained  such  a  height  of  excellence  ailhoiU  being  an  art  ? 
Those,  indeed,  who  have  maintained  the  contrary  opinion,  I 
suppose  not  so  much  to  have  belieTed  what  they  advanced,  as 
to  have  been  desirous  of  ezercisina  their  powers  on  a  sul^ect 


D,j„..;^L,  Cookie 


U3  quiNTiLuir.  t&n 

of  difflcult7,  Lke  Poljcmtea,  when  b«  eoli^ized  Busiris  and 
ClyUemnestiu ;  though  he  is  eaid  also  to  hare  written  tha 
speech  that  was  delivered  againat  Socrates ;  nor  would  that  in* 
deed  have  been  inconsistent  with  his  other  compositioae.' 

5.  Some  will  have  oratory  to  be  a  natural  talent,  thoi;^h 
they  do  not  deny  that  it  nmy  be  asaiated  by  art.  Thus 
Aotonina,  in  Cicero  ie  Oratore,^  says  that  oratory  is  am  effect 
of  tAtervation,  not  an  art ;  but  this  is  not  advanced  that  we 
may  Tecoive  it  as  true,  bat  that  the  character  of  Antonioa,  an 
orator  who  tried  to  conceal  the  art  that  he  used,  may  be  sup- 
ported. 6.  But  Lysias  eeems  to  have  really  entertained  this 
opinion ;  for  which  the  argument  is,  that  the  ignorant,  and 
barbarians,  tmd  slaves,  when  they  speak  for  themselvea,  say 
something  that  resembles  an  exordium,  they  ttate  fact*,  prove, 
refiite,  and  (adopting  the  form  of  a  peroration)  deprecatw. 
1,  The  supporters  of  this  notion  also  avail  themselves  of  certain 
quibbles  upon  words,  that  nothing  that  prooeedt  from  art  mu 
before  art,  but  that  mankind  have  always  been  able  to  speak 
for  themselves  and  against  others ;  that  teachen  of  the  art 
appeared  only  in  later  times,  and  first  of  all  about  the  age  of 
Tisias  and  Coras ;%  that  oratory  was  therefore  before  art.  and 
is  consequently  not  an  art  6.  As  to  the  period,  indeed,  in 
which  the  teaching  of  oratory  commenced,  I  am  not  anxious 
to  inquire;  we  find  PluBuix,  however,  in  Homer,§  as  an 
instructor,  not  only  in  acting  but  in  speaking,  aa  well  as 
several  other  orators ;  we  see  all  the  varieties  of  eloquence  in 
the  three  general8,{|  and  contests  in  eloquence  prMiosed 
among  the  young  men,^  and  among  the  figures  on  the  shield 
of  Achilles**  are  represented  both  law-auita  and  pleaders.     9. 


;  CoTBz  wu  s  Sicilian,  who,  abont  i.a  ITO,  sacurad  lmn«dt  great 
infiucmce  at  SjrtaiaB  bj  tnvma  of  hia  ontoriisl  powen.  He  ii  nid 
to  have  been  the  aoiwMt  writer  on  rhetorio.  Tisiu  waa  bla  paf^. 
See  Cie.  Bnit.  12 ;  de  Orat.  L  20 ;  Quint,  iii.  1,  8. 

f  n.  ix.  432. 

II  The  copioiu  style  in  the  oratory  of  If  eator ;  the  tim/pb  in  tbat  of 
UeneUiu ;  and  tha  middU  in  that  of  UlysBBB.  See  AuL  GeU.  vii.  4  ; 
CiaAe  ad  B.  ill  31S.  Capperooipr  tkinka  thai  Pfacaaix,  UlyaaEa,  *tA 
Ajax  are  meaat,  the  Bpeakere  in  the  deputation  to  Adulleo.  luad  ix. 

%  a  IV.  284  !  Andre  Eoiiooi  IpioffiMf  mpi  aiVmv. 

"  a.  xviii.  *B7— 608. 


DigiLzcdt*  Google 


OT.ITn.]  HHJOATIOT  OF  AM  OEATOB.  16^ 

It  would  even  be  sufficient  for  me  to  observe,  thtt  tttrything 
vhiek  art  bat  brovghl  to  perfection  had  Hi  origU  in  nature, 
else,  irom  the  number  of  the  arts  moat  be  excluded  medicine, 
which  reeulted  from  the  observation  of  what  was  beneficial  or 
detiimeDtal  h>   heslth,  and  which,   as  some  think. 


wholly  in  esperiments,  for  somebody  had,  donbtlesa,  bound  up 
B  wound  before  the  dresnng  of  wonnds  became  an  art,  and  had 
allajed  fever  by  repose  and  abstinence,  not  because  he  saw 
the  reason  of  surh  regimen,  but  becaoae  the  malady  itself 
drove  him  to  it.  10.  Else,  too,  architeeluye  mast  not  be  con- 
sidered an  art,  for  the  first  generation  of  men  built  cottages 
without  art ;  nor  musie,  since  singing  and  dancing,  to  some  sort 
of  tune,  are  practised  among  all  natioos.  11.  So,  if  any  kind 
of  tpeaHn^  whatever  is  to  be  called  oratory,  I  will  admit  that 
oratory  existed  before  it  was  an  art ;  but  if  every  one  that 
speahs  is  not  an  orator,  and  if  men  in  early  times  did  not 
speak  as  orators,  our  reasoners  must  confess  Uiat  an  orator  is 
formed  by  art,  and  did  not  exist  before  art.  Tliis  being 
admitted,  another  argument  which  they  use  is  set  aside, 
namely,  that  that  hat  no  ameem  with  art  which  a  nan  leho  ha§ 
not  learned  it  can  do,  but  that  men  who  have  not  learned 
oratory  can  make  speeches.  12.  To  support  this  argumeDt 
they  observe,  that  Demades,*  a  watenuan,  and  .£schines,t  an 
actor,  were  orators ;  but  they  are  mistaken ;  for  he  who  has 
not  learned  to  be  an  orator  cannot  ptt^ieEly  be  AallMoee,  and 
it  may  be  more  justly  said,  tliat  those  men  learned  late  in  life, 
than  that  they  never  learned  at  all ;  though  .£scbines,  indeed,' 
had  some  introduction  to  learning  in  his  youth,  as  his  father 
was  a  teacher ;  nor  is  it  certain  that  Demadea  did  not  learo ; 
and  he  might,  by  constant  practice  in  speaking,  which  is  the 
most  efficient  mode  of  learning,  have  made  himself  master  of 
all  the  power  of  language  that  he  ever  possessed.  13.  But 
we  may  safely  say,  that  he  would  have  been  a  better  speaker 
if  he  had  learned,  for  he  never  ventured  to  mite  out  his 
Bpeechee  for  publication, it  tlioogh  '"o  know  that  he  produced 
considerable  ^ect  in  delivering  them. 

14.  Aristotle,  for  the  sake  of  investigation,  as  is  usual  with  him 
has  conceived,  with  his  peculiar  subtlety,  certain  arguments  at 

■  Saxt  Eml^r.  p.  291.  Fkbrio.  Harl.  iL  p.  SOS. 
t  DetnoBth.  pro  Cor.  p.  SOT,  814,  839,  ad.  Bdsk. 
i  Cio.  Bnit.  a.  9 ;  Quint,  zii.  10,  4B. 


..Cooj^lc 


XH  qtmnnuui.  [B.n, 

variuiM  nith  mj  opimon  in  fau  Or^Uos  ;*/but  he  1ms  mlao 
writWs  tbtee  booka  on  the  art  ofrhelfio,  inlE^  firat  of  which 
he  not  only  admits  that  it  ia  an  an,  hubaHowa  it  «  oonnezioQ 
with  civil  poUtj,  aa  well  as  with  logict  16.  Critolana,]  and 
AthenodorUB,  of  Rhodes,  have  advanced  many  argumenU  on 
the  opposite  side.  Agnon,$  by  the  vety  title  of  his  book,  in 
which  he  avows  that  he  brings  an  accusation  against  rhetoric, 
has  deprived  himself  of  all  claim  to  be  tnisted.j|  As  to  Epi- 
curus,^ who  shrunk  from  all  learning,  I  am  not  at  all 
surprised  at  him. 

16.  ThDSe  reasoners  say  a  great  deal,  but  it  ia  based  upon 
few  ailments;  I  shall  therefwa  reply  to  the  strongest  of 
'.  them  in  a  very  few  words,  that  the  diacassion  may  not  be 
I  protracted  to  an  infinite  length.  17,  Their  first  argument  is 
I  with  regard  to  the  tutjeet  or  matter,  "  for  all  arts,"  they  say, 
"  have  some  tabject,"  as  ia  true,  "  but  that  oratoty  has  no  pe- 
Jcufior  tMbjeet,"  ao  assertion  which  I  shall  subsequently  fvora 
to  be  false.  18.  The  next  argument  is  a  more  &lse  charge, 
for  "  no  art,"  they  say,  "  acquies4Ms  in  fiilse  conclusions,  since 
art  cannot  be  Aninded  but  on  perception,  which  is  always 
true ;  but  that  oratory  adopts  fkbe  conclusions,  and  is,  conse- 
quently, not  an  art."  19.  That  orUotj  sometimes  advances 
what  is  &lBe  instead  of  what  is  true,  I  will  admit,  but  I  shall 
not  for  that  reason  acknowledge  that  the  speaker  acquiesces  iu 
taXee  conclusions,  for  it  is  one  thiug  for  a  matter  to  appear  in 
a  certain  light  to  a  person  himself,  and  another  for  ttra  pereoa 
to  make  it  appear  in  that  light  to  otheni.  A  general  often 
employs  false  representations,  as  did  Hannibal,  when,  being 
hemmed  ia  by  Fablui,  he  tied  faf^ts  to  the  horns  of  oxen, 
and  set  them  oa  fire,  and,  driving  the  herd  up  the  opposite 
bills  iit  the  night,  presented  to  the  enemy  the  appearance  of  ft 

*  Tb»  wcH-k  is  lott.  Oiyllni  wu  the  taa  of  Xanopbon,  tlut  was 
Idlled  at  M-ntinni*  ArUtoUn  seenu  to  luve  borrowed  his  nuns  ;  and 
he  relatsd,  acoording  to  Diog,  Lsert.  u.  SS,  that  nuuiy  eulogies  wer* 
written  on  Qrylliu,  even  for  the  uke  of  pleaiuiig  hia  fiitlier.  The 
OrvUiu  of  AriBtoile  is  nentioDed  by  Diog.  Laert.  v.  22.     Spalding. 

■i  Ebst.  i.  2, 1. 

X  Compuv  ii.  16,  S3.    (Mi  hit  srgummti  ^wnit  orstoi;,  ase  Btxt. 


Enp.  p.  291,  202.     Spaidiy. 


AthenodoniH  u>d  Agnon  nothing  certain  u  knowo.    ^miIiu?^ 
u  The  title  of  hii  book  abowi  that  ha  ii  not  an  imnartU  judge. 
<g  Bae  xii-  2,  2i ;  Cid.  de  Fin.  i-  7. 


L,  Google 


3S.tVn.]  EDVCATIOH  07  Air  ORATOK.  lEi 

retiring  tcnnj ;  but  Hflnnibal  merelj'  decnred  Ftbltis ;  he  hinv 
•elf  knew  very  well  what  the  reality  was.  90.  TtaeoponiptM, 
the  Lacedemonian,  when,  on  cbongliig  elotfan  with  hit  wif*, 
he  escaped  from  priMn  in  the  diBgulse  of  a  womoti,  ceine  to 
no  &be  conclnsion  concerning  hiniMlf,  though  be  oonv^ed  t 
felse  notion  to  his  gnards.  80  the  orator,  wheneTer  he  pnU 
what  is  false  for  what  i»  true,  knows  that  it  is  fslse,  and  that 
he  is  slating  it  inatead  of  tmth ;  he  adopts,  therefore,  no  faUs 
conclusion  himself,  bnt  nierelj  misleads  another.  9l.  Cicero,  -j~/  ' ' 
when  he  threw  a  mist,  as  he  boasts,  over  the  eyes  of  the  jndgei 
in  the  cause  of  Cluentius,  was  not  himself  deprived  of  eight; 
Deris  a  painter,  when,  by  the  power  of  his  art,  he  makes  na 
fancy  that  some  objects  atand  oat  in  a  pictore,  and  other) 
recede,  unaware  that  the  objects  are  all  on  a  flat  sur&ce. 

its.  But  they  allege  also,  that  "  all  aita  hare  a  certain  de- 
finite end  to  which  tbey  are  directed ;  but  that  in  oratory  tbert 
ia  sometimes  no  end  at  all,  and,  at  other  times,  the  end  which 
is  professed  is  not  attained."  Hiey  speak  falsely,  howerer,  in 
this  respect  likewise,  for  we  have  already  shown,  that  anion 
haa  an  end,  and  have  stated  what  that  end  is,  an  end  which 
the  true  orator  wiD  always  attain,  for  he  will  always  tptai  ' 
vkH.  S8.  The  ol^ection  might,  perfaape,  hold  good  against  ' 
those  who  think  titat  the  end  of  oratory  is  lo  pertuadt,  bnt  my 
orator  end  his  art,  as  defined  by  me,  do  not  depend  upon  the 
result ;  he  indeed  who  speaks  directs  his  eSirts  towaida  lie- 
tory,  but  when  he  has  tpoke*  trell,  thongh  he  may  not  be 
victorious,  he  has  attained  the  tall  end  of  his  art  !U.  80  a 
pilot  is  desirous  to  gain  the  port  with  his  vessel  in  safety,  but 
if  he  is  carried  away  from  it  by  a  tempest,  he  will  sot  be  the 
less  a  pilot,  and  will  repeat  the  well -known  saying,  "Dfayl 
but  keep  the  helm  right!''*  36.  The  physician  makea  th* 
health  of  the  patient  his  object,  but  if,  tbrongh  the  violence  of 
the  disease,  the  intemperance  of  the  sick  person,  or  any  other 
drcumslance,  he  does  not  effect  his  purpose,  yet,  if  he  haa 

*  A.  prorertnil  exproaiMi,  from  the  Ot«<A:  ifiiv  rdv  vaSv :  a 
poTtioo  of  >  pray m  to  Neptnoe  :  Qruit,  0  Nmtnne,  thkt  I  ts^j  guide 
the  ibip  right.  SpaldiDg  refers  to  do.  »it  Q.  Ft.  L  8  j  Ep.  ad  Div.  xii. 
2S;  Sen.  Epioi  86  ;  Ariatid.  in  Bhod  MSod.  Jebb;  Stobnuu.  p.  5TT ; 
hidore,  Orig.,  wba  gives  from  Ennlas,  VI  el««n  rectum  tmeam, 
•MriMjw  guiemtmi  tiaa  Sen.  Cosi.  ad  U.  FU.  e.  IC  :  Ek«mua 
Ad»e.  iii  1,  38. 


D,j,,..;uL,Coo^lc 


1S8  qtmmuur  [b.ii 

done  eterything  Bcoording  to  role,  he  has  not  loet  sight  of  ths 
olgect  of  mediano.  So  it  is  the  otjject.of  an  mMot  J"  ap<»if 
welli  for  hia  art,  aa  we  nhaU  soon  show  still  more  clearly,  oon> 
■ists  in  the  oel,  add  not  in  the  remit.  !2B  That  other  dl^a* 
tion,  which  ie  n-equently  made,  must  accordingly  be  falas  abo* 
that  «ii  art  knotn  wi«R  it  hat  attained  iti  end,  but  that  orttiorg 
doet  not  kiuw,  for  every  speaker  is  aware  when  he  haa  spokeu 

/^ey  also  charge  oratory  with  having  recourse  to  vtcioue 
metinB,  which  no  true  aria  adopt,  because  it  advapcis  what  is 
fidse,  and  endeavours  to  excite  the  passions/  St/But  neither 
of  those  means  is  dishonourable,  when  if  is  useTTt^m  a  good 
uotivfl,  and,  consequently,  cannot  be  Ticiousy  To  tell  a  false- 
hood is  sometimes  allowed,  even  to  a  wise  man  ;*  and  the 
orator  will  be  compelled  to  appeal  to  the  feelings  of  the  judges, 
if  they  caunot  otherwise  be  induced  to  favour  the  right  side. 
38,  Unenlightened  men  sit  aa  judges.t  who  must,  at  times,  be 
deceived,  that  they  may  not  err  iu  their  decifiiona.  If  indeed 
judges  were  wise  men ;  if  assemblies  of  the  people,  and  every 
sort  of  pubUc  council,  consisted  of  wise  men ;  if  envy,  fiivour, 
prejudice,  and  fabe  witnesses,  had  no  influence,  there  would 
be  vety  little  room  for  eloquence,  which  would  be  employed 
almost  wholly  to  give  pleasure.  Q9.  But  as  the  minds  of  the 
hearers  waver,  and  truth  is  exposed  to  so  many  obstmctioDa, 
the  orator  must  use  artifice  in  his  efforts,  and  adopt  such  means 
as  may  promote  his  purpose,  since  he  who  has  turned  from  the 
right  way  cannot  be  brought  back  to  it  hut  by  another  toming. 
30.  Some  common  sarcasms  E^inat  oratory  are  drawn  from 
the  charge,  tliat  orators  speak  on  both  sides  of  a  question ; 
hence  the  remarks,  that  "no  art  contradicts  itself,  but  that 
oratory  contradicts  itself;"  that  "  no  art  destroy*  uhat  it  hat 
itself  done,  but  that  this  is  the  case  with  what  oratory  doee;" 
tliat  "  it  teaehei  either  what  ae  ought  to  say,  or  what  we 
ought  not  to  sag,  and  that,  in  the  one  case,  it  cannot  be  an  art^ 
because  it  teaches  what  is  not  to  be  said,  and,  in  the  other,  it 
cannot  be  on  art,  because,  when  it  has  taught  what  is  to  be 
said,  it  teachea  also  wliat  is  directly  opposed  to  it."     81.  Alt 

•  Cio.  Off.  K.  14, 16,  IT. 

i"  The  reader  wUl  remember  that  the  jvdiets  of  the  Romuis  were 
ri)liilar  to  our  jurymen,  but  more  □umerouii.  S»e  Aduit'i  Tj^^nmn 
IJitiijQitiee,  or  ^niUi'B  Diik.  of  Or.  and  Boio.  Ant, 

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CH.'XTIl]       KDUCATION  OP  AN  OKATOB.  167 

these  cbai^M,  it  is  evideot,  are  applicable  onl;  to  that  specieB 
of  oratory  which  is  repudiated  by  a  good  man  and  by  virtue 
herself;  since,  where  the  cause  is  upjust,  there  true  oratory 
has  DO  place,  so  that  it  can  hardly  happen,  even  in  the  most 
extraordinary  case,  that  a  real  orator,  that  is,  a  good  man,  will 
speak  on  both  sides.  93.  Yet,  since  it  may  hap[«n,  in  the 
course  of  things,  that  just  causes  may,  at  times,  lead  two  wise 
men  to  take  different  aides,  (for  the  Stoics  think  that  wise  men 
may  even  contend  with  one  another,  if  reason  leads  them 
to  do  so,*)  I  will  make  some  reply  to  the  ol^ections,  and 
in  such  a  nay  that  they  shall  be  proved  to  be  advanced 
groundleasly,  and  directed  only  against  such  as  allow  the 
name  of  orator  to  speakers  of  bad  character.  83.  For 
oratory  doet  nol  eontradiet  iUelf:  one  cause  is  matched  agaioM 
another  cause,  but  not  oratni;  against  itself.  If  two  men, 
who  have  been  taught  the  same  accomplishment,  contenil 
with  one  another,  the  accomplishment  which  they  havo  been 
tai^t  will  not,  on  that  acconnt,  be  proved  not  to  be  an  art ; 
for,  if  soch  were  the  case,  there  could  be  no  art  in  anus,  be- 
cause gladiators,  bred  under  the  same  master,  are  of^ 
matched  U^ether;  nor  would  there  be  any  art  in  piloting  a 
ship,  because,  in  naval  engagements,  pilot  is  often  opposed  to 
pilot;  nor  in  generalship,  because  general  contends  with 
general.  84.  Nor  does  oratory  dettroy  what  it  hat  done,  [m 
the  orator  does  not  overthrow  the  argument  advanced  by  him- 
self, nor  does  oratory  overthrow  it,  because,  by  those  who 
think  that  the  end  of  oratory  is  to  persuade,  as  well  as  by  the 
two  wise  men,  whom,  as  I  said  before,  some  chance  may  have 
opposed  to  one  another,  it  is  probability  that  is  sought ;  am} 
if,  of  two  things,  one  at  length  appears  more  probable  thad 
the  other,  (he  more  probable  is -not  opposed  to  that  which  pr& 
viously  appeared  probable ;  for  as  that  which  is  more  white  is 
not  adverse  to  that  which  is  less  whil«,  nor  that  which  is  more 
sweet  contrary  to  that  which  is  less  sweet,  so  neither  is  that 
which  is  more  probable  contraiy  to  that  which  is  lees  probabU. 
95.  Nor  does  oratory  ever  leaeh  what  we  ought  not  to  tay,  or 

*  Hie  Stoka  ware  oompelled  to  hold  tbia  opinion,  for  tbey  Bud  ttiat 
to  goTsm  a  state  ma  the  buBinesB  of  a  wise  nmn,  and  jet  could  not 
venture  to  affirm  that  a  wlae  mui  waa  to  be  tbond  in  any  partioular 
state  only,  I  cannot  at  this  moment,  however,  find  aaj  pawage  anumg 
the  ancient  authors  eipr«ady  to  that  effect,     ^aid/img. 


D,j„..;^L,  Cookie 


I&S  VJtsraiui.  it.li 

that  which  is  contrarjr  to  nhtt  we  ought  to  mj,  bat  that  which 
we  ought  to  Bftj  ia  whatever  cause  we  maj  t^te  in  hand.  3S. 
And  truth,  though  general!;,  is  not  alwaj's  to  be  defended; 
.  jthe  public  good  Sometimes  requires  that  a  falsehood  should  he 
faupported* 

In  Cicero's  second  book  De  Oratore,f  are  also  advanced 
the  following  objections:  Ihaf  art  hat  glace  i%  tUttfftieiiek 
arejeitcun,  but  that  the  pleading  of  an  orator  depends  o» 
optniaa,  not  on  knoieledge,  tinee  he  both  addreuei  himiel/  to 
thoie  who  do  not  hioui,  and  $ot»etimet  layi  what  he  bimtetf 
doet  ml  know.  87.  One  of  these  points,  whedier  the  judges 
hare  a  knowle^  of  what  ia  addressed  to  them,  has  nochuig 
0  do  with  the  art  of  the  orator ;  to  the  other,  that  t  '  ' 


jiaee  in  tbiru/t  wbieh  are  knoKn,  I  must  give  some  answer. 
{Oratory  b  the  art  of  speaking  well,  and  the  orator  knows  how 
to  spe^  welLJ  88.  But  it  is  said,  he  does  not  know  whether 
what  he  says  is  true ;  neither  do  the  philosophers,  who  s^ 
that  fire,  or  water,  or  the  four  elements,  or  indivisible  atoms, 
are  the  principles  from  which  all  things  had  their  origin,} 
know  that  what  they  say  ia  true ;  nor  do  those  who  calculate 
the  distances  of  the  stars,  and  the  m^nitudes  of  the  sun  and 
the  earth,  yet  every  one  of  them  calls  his  system  an  art  ;§ 
but  if  their  reasoning  has  such  effect  that  they  seem  not  to 
imagine,  but,  ftoai  the  force  of  their  demonstrations,  to  knoui 
what  they  assert,  similar  reasoning  may  have  a  simUar  effect 
in  the  cose  of  tha  orator.  S9.  But,  it  is  further  ui^ed,  he  doe« 
not  know  whether  the  cause  which  he  advocates  has  truth  on 
its  side ;  nor,  I  answer,  does  the  physician  know  whether  the 
patient,  who  says  that  he  has  the  head-ache,  really  has  it,  yet 
he  will  treat  him  on  the  assumption  that  his  assertion  is  true, 
and  iQwIicine  will  surely  be  allowed  to  be  an  art.  Need  I  aid; 
that  oratory  does  not  tUways  purpose  to  say  what  is  true,  bot- 
doettKtways  purpose  to  say  what  is  like  truth?  but  the_smitor 
must  know  whether  what  he  savs  is  like  truth  or  not/  10. 
^ijose  who  are  unfavourable  to  oratory  add,  that  pleaJere  often 
oefesd,  in  certain  causes,  thai  which  they  have  osaailedjn 
•thers;  but  this  is  the  fault,  not  of  the  art,  but  of  the  persc^ 

*  Comiwrfl  0.  7,  >ect.  27,  and  sect.  2T — 29  of  Uiis  ohaptvr. 
t  C.  T.  The  words  &r?  put  into  the  month  cf  AdIodim, 
X  Sm  the  fiiBt  book  of  Lucretius. 


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CH-ZTin.]         kducahon  of  as  okator.  ISQ 

TbeM  an  the  principal  cbuges  that  are  brought  a^ntt 
ontory.  There  ar«  othera  of  less  momeat,  but  dmmi  ftom 
thaaame  soarcea. 

41.  But  that  it  »  an  art,  may  be  prared  in  a  tbtj  few 
words;  for  whether,  as  Cleauthes  maintained,  ^n  art  u  a 
fffwer  Kvrttry  itt  tfftett  by  a  eotme,  that  is  by  mutiod,  no  man 
will  doubt  that  there  is  a  certain  conrae  and  meUiod  in 
(ffatoty ;  er  whether  that  definition,  approved  hj  almost  eveiy- 
body,  that  an  art  cotuittt  of  perceptions*  oowawtfitig  aad  «•-  y 
opmrating  to  some  end  tuefvi  to  lift,  be  adapted  also  L^  us,  we 
mte  already  Aovn  that  everything  to  which  this  definition 
applisB  is  to  be  found  in  oratory.  43.  Need  I  ehow  that  it 
depends  on  understanding  and  practice,  like  other  arts?  If 
logic  be  an  art,  as  is  generally  admitted,  oratoiy  must  certainly 
be  an  art,  as  it  differs  from  logic  rather  in  $p«eui  than  in  ' 
getuta,  Sor  must  we  omit  to  observe  that  in  whatever  pursuit 
one  man  may  act  according  to  a  method,  and  another  without 
rf^ard  to  tluit  method,  that  pursuit  is  an  art ;  and  that  in 
whatever  pursuit  he  who  has  learned  succeeds  better  than  he 
who  has  not  learned,  that  pureuit  is  an  art. 

43.  But,  in  the  pursuit  of  oratory,  not  only  will  the  learned 
excel  the  unlearned,  bnt  the  more  learned  will  escel  the  leas 
learned ;  otherwise  there  would  not  be  so  many  rules  in  it, 
or  so  many  great  men  to  teach  it.  This  onght  to  be  acknonb 
.tfdged  by  every  one,  and  especially  by  me,  who  allow  the  > 
attainment  of  oratory  only  to  the  man  of  virlna.  1 


CHAPTER  XVIII. 

1.  BrT  as  Bome  arts  consist  merely  in  an  insight  into  things, 
that  is,  knowledge  of  them,  and  Judgment  concerning  them, 
such  as  attrommy,  which  requires  no  act,  but  is  confined  to 
a  mere  understanding  of  the  matters  that  form  the  subject 


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160  Qunmuur.  [t.SL 

cf  it  (fi  iort  of  art  which  is  called  hi^iinx^,  "  th«oretK^); 
^  others  in  action,  the  Direct  of  nhich  liM  m.the  act.  aod  ii 
\/^  fillfilledis  it,  leaving  Dothingproduced  from  it  (a  sort  of  art 
which  is  called  wgemnxn,  '^praciic'').  as  dancing  ;  S.  othen  in 
jtroditction,  which  attain  tneir  end  in  tho  eucntian  of  J^. 
work  nhicli  ia  °"^"''"H  to  the  eje  (a  sort  which  we  call 
wwirm^i.  "  productif«").  aa  paintiag,  we  maf  pretty  safelj 
determine  that  oratoTji  consists  ia  act,  for  it  accompUshes  in 
the  act  all  that  it  has  to  do.  Such  indeed  baa  been  the  judg- 
ment pronounced  upon  it  bj  every  one. 

3.  To  me,  howem:.  it  appears  to  partake  ^reatlj  of  the  othe/ 
sort  of  uis ;  for  the  su^ect  uf  it  may  sometimes  be  restricted 
^to  contemplation  ;  since  there  will  be  oratoi;  in  an  orator  even 
though  he  be  talent ;  and  if,  either  designedly,  or  from  being 
disabled  by  any  accident,  be  has  ceased  to  pWd,  he  will  not 
cease  to  be  an  orator,  more  than  a  physician  who  has  left:  off  prac- 
tice ceases  to  a  physician.  4.  There  is  some  eqjoyment,  and 
perhaps  the  great«st  <^  all  enjoyments,  in  retired  meditation  ; 
and  the  pleasure  derived  from  knowledge  is  pure  when  it  ia 
withdrawn  from  action,  that  ia,  from  toil,  and  enjoys  the  calm 
contemplation  of  itself.  5.  But  oratory  will  also  effect  some- 
thing similar  U>  a  productive  art  in  written  speeches  and  histo- 
rical compositions,  a  kind  of  writings  which  we  justly  consider 
as  allied  to  oratory.  Yet  if  it  must  be  claased  as  one  of  the 
three  sorts  of  arta  wliich  I  have  mentioned,  let  it,  as  its  per- 
formance oonsiBts  chiefly  in  the  mere  act.  and  as  it  ia  most 
frequently  exhibited  ■»  aot,  be  colled  an  oeftne,  or  a  praelieat 
trt,  for  the  one  term  is  of  the  same  signification  as  the  o^ot^ 


CHAPTER  XIX. 

Mitore  and  art ;  natun  contribut«  mora  to  oratoTT,  In  rtadenta  at 
tuudarate  ability,  than  art  j  in  tiioae  of  gnater  talant^  ait  ii  of  mon 
•Tail;  aneiampla. 

1.  I  All  anare  that  it  is  also  a  q^uestion  whether  naturt  or 
Uarning  contributes  most  to  oratory.     This  inquiry,  however, 

*  Suoli  artti  we  call  "  adenosa.'    Hie  term  art  we  diatiDgniih  from 
■oimce  hj  applfing  it  onl;  to  tlut  wbioh  prodoon  MmaUkiu  as 

piinting.  anhiCeiitura. 


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0H.XIX1  KDUCATtOH   OF  AH   ORATOB.  16l 

tun  no  concern  with  the  stil^ect  of  my  worit ;  tot  a  perfect    ^ 
orator  cud  be  formed  only  with  the  aid  of  both ;  but  I  Uiink  it 
of  great  importance  how  for  ne  consider  that  there  is  a  ques 
tioQ*  on  the  point.    2/  If  you  suppose  either  to  be  indepeodentv 
of  the  other,  nature  wiTI  te  able  to  do  much  without  learning, 
but  i^mng  will  be  of  no  avail  without  the  assiBtance  of 
oati^Ty' But  if  they  be  united  in  equal  parts,  I  shall  be  .' 
iucliueil  to  think  that,  when  both  are  but  moderate,  the  iaflii- 
ence  of  nature  is  nevertheless  the  greater ;  but  finished  orators, 
I  consider,  owe  more  to  learning  than  to  nature.     Thus  the  best~^ 
husbandmancaunotimprove  soil  of  no  fertility,  while  from  fertile 
groand  somethii^  good  will  be  produced  even  without  the  aid  of 
the  husbandman ;  yet  if  the  husbandman  bestows  his  labour  on 
rich  land,  he  will  produce  more  effect  than  the  goodness  of  the 
soil  of  itself.    3.  Had  Praxiteles  attempted  to  hew  a  statue  out 
of  a  millstone,  I  should  have  preferred  to  it  an  unhewn  block 
of  Pariau  marble  ;t  but  if  that  statuary  had  fashioned  the 
marble,  more  value  would  have  accrued  Utit  from  his  work- 
manship than  was  in  the  marble  itself,  /in  a  word,  nature  is~^ 
the  material  for  learning ;  the  one  for^iT  and  the  other  is  <> 
fbnned.    Art  can  do  no&ing  without  material ;  material  has  \ 
its  value  even  independent  of  art ;    but  perfection  of  art  ia  oi   ) 
more  consequence  than  perfection  of  materiaO  -^ 


CHAPTER  XX. 


1.  It  is  a  question  of  a  higher  nature,  whether  oratory  is  to 
be  regarded  as  one  of  those  indifferent  arts,  which  deserve 
neither  praise  nor  blame  in  themselves,  but  become  useful  or 

*  Qmam—quattionem,']  Thii  is  obacurel;  eipraaad,  nja  Spalding ; 
but  jvom  il  equivalent  to  fuofent,  qudm  laii  (»mpreAfli«a«k 

f  The  lover  of  art  will  bardlj  agree  with  Quintiliui.  f^aUing. 
But,  >u  KoUin  obwrvea,  nothing  ooutd  have  been  leea  auitable  fur 
aculpture  than  the  atone  used  for  millatonei ;  and  Quintiliaii  might 
•uppooe  tliat  it  would  have  been  impoBsible,  even  loc  a.  Praxiteles,  t« 
have  prodaoed  eren  a,  tolerable  atatue  from  it^ 


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)«9  QmNTTUAK.  (&U. 

Otbttnriae  accaidii^  to  th*  chancbBra  of  tiHse  who  ^vaetiM 
them ;  or  Aether  it  is,  aa  many  oi  tke  philoac^ben  are  of 
opinion,  a  poaiuve  virtue.* 

3.  The  ns;,  indeed,  ia  which  many  hkve  proceeded  and  stiU 
prooeed  in  the  practice  of  speaking,  I  oooeider  either  as  im  art, 
iriv>/(t,  u  it  is  called,  (for  1  »ee  nombers  niBbing  to  spe^ 
without  rule  or  learning,  joet  as  impudence  or  hunger  has 
prompted  them,)  or  as  it  nere  a  had  art,  whic^  ve  term 
Kantrt^let;  for  I  imagine  that  tliere  have  been  manj  who 
have  exerted,  and  that  there  are  some  who  Kill  eiert,  their 
talent  in  BpeaUng  to  the  injury  of  mankind.  3.  There  is  aUo 
a  kind  of  /utmitrt^tSa,  a  run  imitation  of  art,  which  indeed 
has  in  itself  neither  good~iu>r  evU^'ltilta  mere  frivolous  exer- 
citie  of  skill,  each  as  that  of  the  man  who  sent  grains  of  vetches, 
shot  from  a  distance  in  anecesnon,  and  withtmt  missii^, 
through  a  needle,  and  whom  Alexandei',  after  witnessing  lus 
desteritj,  ia  said  to  hare  presented  with  a  bu^el  erf  vetches ; 
which  was  indeed  a  moat  suitable  reward  for  bis  performanoe.t 

i.  To  him  I  compare  those  who  spend  their  time,  with  great 
study  and  labour,  in  the  compoeition  of  declamations,  which 
they  strive  to  make  as  nnlike  as  possible  to  aoythiog  that 
happens  in  real  life. 

But  that  oratory  which  I  endeavour  to  tea(^,  <rf  which  I  con 
ceive  the  idea  in  m;  mind,  which  is  attainable  only  by  a  good 
man,and  which  alone  is  true  oratory,  must  be  r^arded  as  a  virtue.  ~i 

*  See  note  on  o.  16,  mcL  SO.  "  Virtma  are  distingnished  b;  Axia- 
tcitie  into  two  kinds,  the  ioidltcttial,  which  ore  nert«d  in  the  diBcovery 
of  bnith  &nd  the  aooompliahiuent  of  our  objeotB,  ondar  which  head 
oratory  may  be  included,  sa  it  ia  &n  (LTt ;  and  the  moral,  whiob  influence 
the  wlU,  aotioDB,  and  conduct,  onder  wiiicb  tiead  Quintiliui  ihcnra  that 
oratoiy  may  also  be  nuiked  »s  a  virtue.     Titmdrut. 

■f  It  haa  bean  a  question  what  sort  of  performnnoe  wo  should 
conceive  this  nuin's  to  have  been.  Nnudseua,  or  Naud^  in  his  ifyH- 
tagma  d<  Studia  Liia-ati,  cited  h;  B&jle,  ArL  Mncedoma,  note  8,  soya 
that  the  man  put  a  pea  in  bli  mouth,  and,  blowing  it  out,  made  it  slack 
upon  the  point  of  the  needle.  Ilis  interpretation  la  adopted  by  Bayle, 
and  by  Spalding ;  by  Bayla  with  the  utmoit  confldenoe,  and  by 
Spalding  v^th  eome  hedtation,  for  he  admits  that  the  verb  trnttrare  ia 
hardly  applicable  to  the  Bidng  of  p^  on  Uia  point  of  a  naedia.  For 
my  part,  I  oousider  ibai  thn  ezpreeaion  inienrt  in  aeam  wholly  forblda 
Ds  to  understand  anything  else  than  that  the  peas  were  driven  thFonvh 
file  needle's  eye.  We  may  suppoee  it  to  have  been  a  peouliar  needia, 
with  a  large  eye,  made  for  the  porpoee.  How  the  peas  irer«  impelled, 
ijuintiliui  lesvei  ua  to  ooiyectiim 


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CH.itX.]  BDDCIWOK  OF  AK  ORATOR.  103 

H  This  is  an  opinion  nfawh  the  philaw^bcn  eapport  bj  taany 
subtle  arguments,  but  which  sppears  to  me  to  be  more  dearlj 
established  b;  the  simpler  mode  of  pnx^  which  follows,  and 
which  ia^tfonliaHy  my  own.  What  is  said  b;  the  philosophers 
is  this  /jf  it.  is  a  qoalit;  of  virtue  to  be  oousiatent  with  itself 
as  to  whM  od^  to  be  dose  and  what  ooght  not  to  be  done, 
(that  qualitf.  namely,  which  is  calW^ruience,)  the  same 
^^■■^'i^JvjJl  have  its  office  as  to  what  ought  to  ^  said  or  not  to 
:be  s^y^fli  And  if  thei*  ore  virtues,  for  the  generation  of 
-whicEPeVen  b^ore  «e  reoeive  any  instmctioii,  certain  princi- 
ples and  seeds  are  given  us  by  nature,*  (as  for  tfaat  of  justice, 
«f  which  same  notion  is  manifested  even  in  the  most  ignorant 
and  the  most  barbarous,)  it  is  evident  that  we  are  so  formed 
origuially  as  to  be  able  to  speak  fbr  ourselves,  though  not 
indeed  perfectly,  yet  in  suoh  a  maimer  as  to  sbov  that  cer- 
.tain  seeds  of  the  &culty  of  eloquence  are  in  us.  T.  But  in 
those  arts  which  have  no  connexion  with  virtue,  there  is  not 
the  same  nature.f  As  there  are  two  kinds  of  speech,  there- 
fiara,  the  eontinaout,  which  ia  called  oratory,  and  the  eeneite, 
which  is  termed  lagu!,  (which  Zeno  thought  so  nearly  connected 
that  he  compared  the  one  to  a  clenched  fist,  and  the  other  to 
an  open  hand,)  if  the  art  of  disputation}  be  a  virtue,  there  will 
be  no  doubt  of  the  virtue  of  that  whidi  is  of  so  much  more 
■oble  and  expansive  a  nature. 

But  I  wish  the  reader  to  understand  this  more  fully  and 
plainly  from  what  is  done  by  oratory  ;  for  how  will  an  orator 
succeed  in  eulogy,  unless  he  has  a  clear  knowled^  of  what  is 
honourable  and  what  is  disgraceful  ?  Or  in  persuatvm,  unless 
be  understands  what  is  advantageous  ?  Or  in  judieial  pleadings, 
unless  he  has  a  knowledge  of  justice?  Does  not  orabny  also  de- 
maad  fortitude,  as  the  orator  has  often  to  speak  in  opposition  to 
the  turbulent  threats  of  the  populace,  often  with  perilous  defiance 
of  powerfiU  individuals,  and  sometimes,  as  on  l^  trial  of  Milo, 

■  The  Stoio  and  AoademlcB  taid  that  the  leedi  of  virtoM  waM 
innate  in  to,  and  thM,  if  ws  would  but  auffer  tb«m  to  grow,  thef 
Wuuld  seeuj  e  ua  a  h^  py  life.     Tamdmt. 

f   I  wixh  that  he  hn"  given  an  illustiatlon  of  thU  pOBltlon, 
X  Art  ditpiUatria.'\  That  ia,  dialectios  or  logic     If  mere  dry  tagl« 
be  B  virtue,  how  much  mor*  will  riob  and  forcible  elo^ntntoe  be  a 


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1S4  QUUmil&N.  [E.IL 

amidst  rarroundii^  weapons  of  soldiers  ?  So  that  if  nttoij  b« 
not  a  virtue,  it  cauuot  be  perfect* 

9.  If,  moreover,  there  is  a  sort  of  virtue  in  eveiy  species  of 
animaJs,  in  which  it  excels  the  rest,  or  the  greater  number,  of 
other  animals,  as  force  in  the  lion,  and  swifmess  in  the 
horse,  and  it  is  certain  that  man  excels  other  animob  in  reason 
and  epeech,  why  should  we  not  consider  that  the  distinctive 
virtue  of  man  lies  as  much  in  eloquence  as  in  reason? 
Crassus  in  Cicerof  justly  makes  an  assertion  to  this  effect: 
"  For  eloquence,"  says  he,  "  is  one  of  the  most  eminent  vir- 
toes  f  and  Cicero  lumself,  in  his  own  character,  both  in  his 
epistles  to  Brutus,]:  aod  in  many  other  passages  of  his  wiitingB,§ 
calls  eloquence  a  virtue. 

10.  But,  it  may  be  alleged,  a  vicious  man  will  sometimes  pro- 
duce an  exordium,  a  statement  of  fiusts,  and  a  series  of  argu- 
ments, in  such  a  way  that  nothing  shidl  be  desired  in  them. 
So,  we  may  answer,  a  robber  will  fight  with  great  bravery,  yet 
fortitude  will  still  be  a  virtue ;  and  a  dishonest  slave  will  bear 
torments  without  a  groan,  yet  endurance  of  pain  will  still  merit 
its  praise.  Many  other  things  of  the  same  nature  occur,  but 
from  different  principles  of  action.  Let  what  1  have  said, 
therefore,  as  to  eloquence  being  a  virtue,  be  sufficient,  for  of 
its  usefulness  I  have  treated  above. 

*  Od  the  contnuy,  if  oMorj  b«  ptrfeet  oratory,  it  mtut  iMOMmrilj 

t  De  Oret.  iiL  II. 

t  This  pauage  the  learned  have  in  vain  wniglit  in  the  Enatlea  tm 
Bmtiu  ;  HOT  fs  thaiT  diiappointment  at  all  woDderfiil,  if  Uie  IngBiiiou* 
and  learned  Tnnstall  In  right,  in  hia  Epiatle  to  HJddletoa,  in  condemn- 
ing tboae  eplatlea  aa  apuriauH.  Hia  oondemnation  has  an  authoritative 
aupporter  m  Buhoken,  ad  Tell.  Pat.  iL  12.  ^paiding.  Of  the  ipori- 
oua&eaa  of  the  epistlee  to  Brutus,  aa  they  are  sailed,  few,  aurely,  will 
now  be  found  to  doubt.  Snch  la  their  povertf  of  matter,  and  asecta- 
tioQ  of  Btjle.  that  it  ia  wondarful  that  Hiddleton  aboald  ever  1uit« 
tho  jght  them  comparable  to  the  genuine  letten  of  Cioero. 

fi  Fartit.  Orat  o.  38,  ioit ;  Acad.  Q,  i.  2. 


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CT-XXL]  BDtCATIOK  OF  IN  ORATOB.  I6S 

CHAPTER  XXI. 

Orlniona  u  fai  Oie  nibiect  of  rhetoric,  g  1 — 1.  That  of  Quintjliui, 
wliidi  agTSM  with  thiMe  of  Plato  tnd  Cicero,  6,  6.  Objectiona  to 
It  noticed,  7 — 11.  No  diipnto  between  rhetoric  and  philoaouhj 
about  their  ztepaetim  lubjecta,  12,  1 3.  The  om«r  not  obliged  M 
know  ercaTthing  14, 15.  He  will  often  apeak  better  on  uto  than-' 
tha  ntirtB  thenuslTea,  19~lt).  The  opinion  of  Quintiliui  ■up- 
ported  bf  thoM  of  otW  author^  SO — 33. 

1.  As  to  tli6  material  of  oratory,  mme  have  said  that  it  ia 
ipeeeh;  an  opinion  which  Qorgias  in  Plato*  is  r^reaent^d  as 
hdding.  If  this  b«  understood  in  such  a  way  that  a  discourse, 
oompowd  on  any  aut^ect,  is  to  he  termed  a  tpeech,  it  ia 
not  the  material,  but  the  work  ;  as  the  statue  is  the  work  of  a 
statnaty;  for  speeches,  like  statues,  are  produced  by  art.  But 
if  b;  diis  term  we  uudeiBtand  mere  words,  words  are  of  no 
effect  witfaont  matter,  S.  Some  have  said  that  the  material 
of  orabny  ia  pertnative  argmuenUi  which  indeed  are  part  of 
its  business,  and  are  the  produce  of  art,  but  require  material 
ioF  their  composition.  Others  say  that  its  material  is  quea- 
(nmm  of  eieU  admtHUtration ;  an  opinion  which  is  wrong,  not 
as  to  the  quality  of  the  matter,  but  in  the  restriction  attached  ; 
for  Buch  questions  are  the  sntgect  of  oratory,  but  not  Uie  only 
eut)iect.  9.  Some,  as  oratory  is  a  virtue,  say  that  the  sut^ect 
of  it  is  fAa  uhoU  of  humam  life.  Others,  as  no  part  of  human 
life  ia  affected  by  every  virtue,  b»t  most  virtues  are  concerned 
only  with  particular  portions  of  life,  (as  jwlice,  fortitude, 
Untperanee,  are  regarded  as  confined  to  their  proper  duties 
and  their  own  limits,)  say  that  oratory  is  to  be  restricted  to 
one  special  part,  and  assign  to  it  the  jtragmatie  department  of 
ethics^^  that  which  relate*  to  the  tratuaetiotu  of  civil  life.'t 
^yFor  my  part,  I  consider,  and  not  without  authorities  to 
,\  Bupp&rt  me,  that  the  materiiil  of  orato^Js  everythitig  that 
may  eome  b^ore  an  orator  for  diiaution./  For  Socn^  in 
Plato  seems  to  say  to  Gorgias*  that  thfitatter  nf  oratory  it 


d  jndkdal  oaueea.     ZWiwiiu,     Or  that  which  reUtea  to  the  scti  of 
ei  ril  life,  or  the  oondact  of  a&ira  in  genenL    Coppcr^ninv 
t  Qois.  p.  diD— tM. 


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net  in  words  bmt  in  thingi.  In  tfae  Pfasdnis*  he  plainlj  ■horn 
that  oratory  has  pkce,  not  only  in  judicial  proceedings  and 
political  deliberations,  but  also  in  private  and  domestic  mat* 
t«rs.  Hence  it  is  manifest  that  thia  was  the  opinion  of  Plato 
hiinself.f  5.  Cicero,  too,  in  one  passage,}  calls  the  Diai«rial 
of  oratorj  the  topics  which  are  submitted  to  it  for  disonssion, 
but  supposes  that  particular  topics  only  are  submitted  to  it. 
But  in  another  passage  $  he  gives  his  opinion  that  an  orator 
has  to  speak  upon  all  subjects,  expressing  himself  in  the 
following  words :  "  The  art  of  the  orator,  however,  and  hia 
very  profession  of  speaking  well,  seems  to  undertake  and 
(>romise  that  he  will  speak  elegantly  and  copiously  on  what- 
ever subject  may  be  proposed  to  him.*  6.  In  a  third  passage,!) 
also,  he  says:  "  But  1^  an  orator,  whaterer  occurs  in  haman 
life  fsince  it  is  on  human  life  that  an  onttor's  attention  is  tO" 
he  fixed,  as  the  matter  (hat  comes  under  his  considemtira) 
ought  to  have  been  examined,  heard  oi,  read,  discussed, 
handled,  and  managed." 

7.  But  this  material  of  oratory,  as  we  define  it,  that  is,  the 
subjects  that  come  before  it,  some  have  at  one  time  stigmatiEed 
M'i  indefinite,ir  bX  another  as  not  belonging  to  oratory,  and  hare 
cilled  it,  as  Uius  characterised,  an  art  eireitmeiirrtn»,  an  mtaiMXj 
discursive  art,  as  discoursing  on  auy  kind  of  sul^ect.  6.  Widi 
such  as  make  these  obserrstions  I  have  no  great  qnarrel ;  iar 
they  allow  that  oratory  speaks  on  all  matters,  though  they  deny 
that  it  has  any  pecularntormiii,  because  its  material  is  manifold. 
9.  But  though  the  material  be  manifold,  it  is  not  infinite ;  and 
other  arts,  of  less  consideration,  deal  with  manifold  material, 
as  arekileelurt,  for  instance,  for  it  has  to  do  with  everything 
that  is  of  use  for  buildmg ;  and  the  art  of  engraviHS,  which 
works  with  gold,  silver,  brass,  and  iron.  As  to  ttrttfttHre,  it 
extends  itself,  besides  the  metals  whidi  I  have  just  namod, 
to  wood,  ivoty,  marble,  glass,  and  jewels.  1 0.  Nor  will  a  topic 
ecaae  to  belong  to  the  ontor  becanse  the  professor  of  another 
art  may  treat  of  it ;  for  if  I  should  ask  what  is  the  material  of 

•  P.  26]  A. 

t  Aa  b«ing  put  into  tiia  mouth  of  Soonttea. 

t  DoOrati.  Ifi;  Inv,  i  4. 

I  De  Omt.  L  6. 

II  D»  Ortt.  iii.  14. 

T  Ii^nitam-l  Indefinite,  IndfllBmilnmte ;  becanse  it  raprrasnU  orrtorr 
M  ilevotal  to  no  particular  subject,  but  u  rewfy  io  exert  itself  n  tat 
toi*:  on  which  meo  can  speak.     Capfcrmitf  * 


■B.xn.]  rouCATION  OP  AN  ORATOB.  I«7 

the  Btatoaty,  the  answer  will  be  "  brass ; "  or  if  I  shtuld  uhi 
what  is  the  material  of  the  founder  of  vases,  ihat  is  the  workei 
in  the  art  which  the  Greeks  coll  yaXxiurjxii,  tbe  reply  would 
also  be  "  brass ;"  though  vases  diRer  very  much  from  statues. 
1 1 .  Nor  ou^t  medicine  to  lose  the  name  of  an  art,  becaufie 
anoiDttng  and  exercise  are  common  to  it  with  the  palsstra,  or 
because  a  knowledge  of  the  quali^  of  meats  is  common  to  it 
with  cookery. 

IS.  As  to  the  objection  which  some  make,  tliat  it  ia  tbe 
business  of  fbUotaphy  to  discourse  of  what  is  good,  useful, 
and  just,  it  makes  nothing  against  me ;  for  when  they  say  a 
philmopher,  they  mean  a  good  man ;  and  why  then  should  I 
be  Bur^eed  that  an  orator,  whom  I  consider  to  be  also  a  good 
man,  should  discourse  upon  tbe  same  sut^iscts?  18.  especially 
when  1  fa&vG  shown,  in  the  preceding  boo^*  that  pbilosopherd 
have  taken  possession  of  diis  province  because  it  was  aban- 
doned by  tbe  orators,  a  province  wbidi  had  always  belonged 
to  oratmy,  so  that  tbe  philosophers  are  rather  trespassing 
upon  our  ground.  Since  it  is  tbe  business  of  logic,  too,  to  dis* 
cuss  whatever  comes  before  it,  and  It^c  is  uncontinuous  ora- 
tory, why  may  not  the  business  of  continuous  oratory  be 
thought  tbe  same  ? 

14.  It  is  a  remark  constantly  made  by  some,  iJiat  an  orator 
mtiM  be  ikilled  in  all  art$  if  he  U  to  ipeak  upon  all  av^^r/.T 
might  reply  to  this  in  the  words  of  Cicero.t  in  whom  I  find 
this  passage:  "_In  my  opinion  no  man  can  hasomeathtuxHighl; 
accomplished  orator,  unless  he  gk«V  bftve  attained  a.  knowledge 
oF  eveiy  subject  of  importance^ Sud  of  all  the  libwal  arts  i"  but 
for  my  argument  it  is  sufBcient  that  an  orator  be  acquainted 
with  the  subject  on  which  be  has  to  speak.  15.  He  has  not 
a  kno'ttledge  of  all  causes,  anj  yet  he  ought  to  be  able  to  speak 
upon  all.  On  what  causes,  then,  will  he  speak?  on  such  as  he 
luB  learned.  The  same  will  be  the  case  also  with  regu^  to  '" 
the  ana  and  scimcce  ;  those  on  which  he  shall  have  to  speak 
he  will  study  £»  the  occasion,  and.  on  those  which  he  has 
studied  he  will  speak.  ~   , 

16.  What  then,  it  may  be  said,  wiU  not  a  builder  speak  of 
building,  or  a  musician  of  muaio,  better  than  an  orator  ?    As- 
suredly he  will  speak  better,  if  the  orator  does  not  know  what 
is  the  eulgect  of  inquiiy  in  the  case  before  him,  with  regard  ta 
*  Proogm.  wot.  10«<{(.  f  De  OnL  L  & 

D,j„..;uL,  Cookie 


h. 


)S8  tpmvniKtt.  [t.n. 

mftttera  connected  with  tho§e  Bciencea.  An  ignorant  and 
illit«rate  peraon,  appearing  before  a  cmiit,  will  plaod  his  own 
cause  better  ttum  an  orator  who  does  not  know  what  the  Rab> 
ject  of  dispute  is;  but  an  orator  wiU  express  what  he  has 
learned  from  the  builder,  or  the  musician,  or  from  his  client, 
better  than  the  person  who  has  instructed  him.  17.  But  the 
builder  will  spet^  well  on  building,  or  the  vuuieian  on  vnuie, 
if  any  point  in  those  arts  shall  require  to  be  established  by  his 
opinion ;  he  will  not  be  an  orator,  but  he  will  perform  bis  part 
like  an  orator,  as  when  an  unprofessional  person  binds  up  a 
wound,  he  will  not  be  a  surgeon,  yet  be  wiU  act  aa  a  surgeon. 

18.  Do  sul^ects  of  this  kind  never  come  to  be  mentioned  in 
panegyrical,  or  deliberative,  or  judicial  oratory?  When  it  waa 
under  delijieration,  whether  a  harbour  should  be  constructed 
at  Ostja,*  were  not  orators  called  to  deliver  opinions  on  the 
subject  ?  yet  what  was  wanted  was  the  professional  knowledge 
of  the  architect.  10.  Does  not  the  orator  enter  on  the  ques- 
tion, whether  discolorations  and  tumours  of  the  body  are 
symptoms  of  ill  health  or  of  poison  ?t  yet  such  inquiries  be- 
long to  the  profession  of  meiHcine?  Will  aa  orator  never 
have  to  speak  of  dimensions  and  numbers?  yet  we  may  say 
tliat  such  matters  belong  to  mathematics ;  for  my  part,  I 
itulieve  that  any  subject  whatever  m^,  by  some  chance,  come~ 
und~e'r~Oie  cognizance  of  The  orator,  ira  matter  does  not  come 
under  liis  et^izance,  he  will  have  no  concern  with  it. 

30.  Thus  I  have  justly  said,  that  the  material  of  oraiory  it 
'■  evert/thing  that  i>  broughl  under  tia  (lofiee  for  diteenlBtr,'  an 
assertion  which  even  our  daily  conversation  supports,  for 
tvheneTor  we  have  any  subject  on  which  to  speak,  we  often 
signify  by  some  prefatory  remark,  that  the  matter  is  laid 
before  us.  31.  So  mnch  was  Ooigiast  of  opinion  that  an 
orator  must  speak  of  eveiytbing,  that  he  allowed  himself  to  be 
questioned  by  the  people  in  ms  lecture-room,  upon  any  sub- 
ject on  which  any  one  of  them  chose  to  interrogate  liim, 
Hermc^oras  also,  by  Baying,  that  "  the  matter  of  oratory  lies 

*  See  Suet.  Claud,  c.  20,  wbere  It  is  stated  thst  the  work  had  often 
been  contempUted  by  JulioB  Ctesar,  but  defnrod  bom  time  to  tints  on 
Bcooont  of  its  difflcolty. 

'   "'      □  touches  nn  this  medkBl  part,  so  to  speak,  of  eloquence  in 


D,j„..;^L,  Cookie 


OB  XXI.]  tbtJCAtiOJt  Ot  Alt  OfcAtoR.  109 

in  the  cause  and  the  qaeBtions ".connected  with  it,"c<impro 
bends  under  it  everj  subject  that  cim  poesiblj  come  before  it 
for  discoaaioD.  S3.  If  indeed  he  enppoaed  that  the  qneitioiu 
do  not  belong  to  onttory,  he  is  of  a  different  opinion  from  me ; 
but  if  thOT  do  belong  to  ofatoir,  I  am  supported  by  his 
authority,  for  there  is  no  subject  that  ma.j  not  ^rm  part  of  a 
cause  or  the  questions  connected  with  it.  SSyXrTStotle.'t  too, 
bj  making  three  kinds  of  oratory,  the  judicial,  t£e  deliberative, 
and  the  demonitratite,  has  put  almost  eveiytbing  into  the 
hands  of  the  orator,  for  there  is  no  subject  that  maj  not  enter 
i&to  one  of  the  three  kinds.  ' 

34.  An  inquiry  has  been  also  started,  though  by  a  very  few 
writers,  concerning  the  itutnment  of  oratory.  The  instrument 
I  call  that  withomi  which  material  canntrf  be  faihioned  and 
adapted  to  the  object  uhieh  we  uiih  to  ^ect.  But  I  conuder 
that  it  is  not  the  art  that  requires  the  instrument,  but  the 
artificer.  Professional  knowledge  needs  no  tool,  as  it  may  be 
complete  though  it  produces  nothing,  but  the  artist  must  have 
his  tool,  as  the  engraver  his  graving-instrument,  and  the 
painter  his  pencils.  I  shall  therefore  reserve  the  consideration 
of  this  point  for  that  part  of  my  work  in  which  I  intend  to 
speak  of  the  orator.  X 

'  Se«m.  B,  18  ;  iii.  6,  9.  The  qneatdona  meuit  u«  ^cseroi  guctfum^ 
*^  ■•  Whether  the  eaDsei  mMj  be  trubed,"  "  Whetlier  ui  old  nun 
ought  to  mirrj,"  and  the  like,  which  Cioero  ezdudea  from  the  deput- 
tnent  of  the  orator,  <!•  Invent  L  8. 

t  Bhet  L  8.  S ;  Cio.  de  InTwt  i.  & 

tB.iU.fti. 


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BOOK  m. 

CHAPTER  I. 

Qniutoliui  propoaes  to  oanradsr  the  TuiouB  brancliei  and  pnoepto  <rf 
oratory  more  fully  tliaD  they  tre  geBerally  set  forth  in  treatiaes  on 
the  art ;  a  part  of  hii  woi^  more  desiittble  for  stadenta  than 
•greaabla  to  them,  g  1 — i.  WyBraities  of  opiBioni  and  msthodi, 
6—1.  YuiouE  writen  on  the  art ;  tba  Qreeki,  8 — 16.  Ftdlomn 
of  Hermagom,  Apollodonu,  Theodonu,  16 — IS.  The  Bom&n^ 
It — 21.  Quiutilian  will  give  bia  oim  opinion  oa  matten  ai  they 
(iocDr,3a. 

1,  Since  I  hftve  examined  in  the  Eecona  book  what  oratory 
ia,  und  what  is  its  object ;  since  I  have  shown,  aa  well  as  my 
abilities  allowed,  that  it  is  an  art,*  that  it  is  mte/iil,^  and  that 
it  is  a  virtue ;%  and  since  I  hare  put  under  its  power  evety 
Bnlgectgon  which  it  maybe  necessary  to  speak,  I  sluill  now  pro- 
ceed to  show  whence  it  had  its  origin,||  of  what  parts  it  conBiste,1 
and  bow  every  department  of  it  is  to  be  contemplated**  and 
treated ;  for  most  of  the  writers  of  booka  on  the  art  have 
stopped  even  short  of  these  limits  rft  so  that  ApollodoraB}| 
confined  himself  to  judicial  pleadings  only. 

3.  Nor  am  I  ignorant  that  those  who  are  studions  of  oiatoir 
have  desired  to  receive  from  me  that  part  of  my  woik,  of  which 
this  book  proceeds  to  treat,  more  anxiously  than  any  other;  a 
part  which,  though  it  will  be  the  most  difficult  to  myself,  from 
the  neccBBity  of  examining  a  vast  diversity  of  opinions,  wil. 
yet  perhaps  afford  the  least  pleasure  to  mv  readeia,  since  it 

.•  aii.o.lT. 

t  B.  ii.  e.  IS. 

i  B.  ii  0.  20. 

I  R  iL  0.  SL 

I  By  what  anthora  and  wiitera  ihetorio  haa  beai  kvottcd  and 
taught ;  uid  what  is  its  origin,  whether  art  or  nature.     Cappfronier. 

%  He  alludes  to  the  fire  parte,  invention,  arrangtmenl,  language, 
memory,  ddimry.    Capperonier. 

"  litvaaaida.]  "  Conceived  of ;"  what  idea  we  murt  fonn  of  each 
part  ;  and  how  we  murt  produce  matter  with  refeten<»  to  it. 

ft  Intra  guem  moduni.]  QeeDer  rigbtly  obeervea  that  the  prepoeition 
^Ura  dgnifiea  that  previous  writen  on  rhetoric  had  confined  themielvea 
within  a  lean  compaia  than  tliat  to  which  Qulntilian  had  extended  hit 
wort.    Compare  iL  B,  8 1  46.     "    "'  - 

U  See  Mcit  17. 


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OH.I.]  mncATiorf  of  «v  oxatob.  171 

admits  merely  of  a  diy  expoiition  of  rales.  8.  In  other  paita 
I  have  endeaioured  to  introduce  Bome  little  embellish  men  t, 
not  with  the  Tiew  of  displaying  mj  own  ability,  (since  for  that 
purpose  a  sal^ect  of  more  fertility  might  have  been  chosen,)  but 
in  order  that,  by  that  means.  I  might  more  snccessfnlly  attract 
youth  to  the  study  of  those  matters  which  I  tiiought  necessary 
for  their  improrement ;  if,  possibly,  being  stiniulated  by  some 
pleasure  in  the  reading,  tbey  might  mora  willingly  learn  those 
precepta  of  which  I  fonnd  that  a  bare  and  irj  enumeration 
might  be  repulsive  to  their  minds,  and  offend  their  eaia, 
especially  as  they  are  grown  so  dolicate.  4.  It  was  with  snch 
a  view  that  Lucretius  '  said  he  put  the  precepta  of  philosophy 
into  verse ;  for  he  uses,  as  is  well  known,  the  foUowiug 
simile 

Ac  mJitfi  pverit  alnniAia  UIra  wfmfa 
Qmun  dart  coiianiur,  primi  onu  poeuta  einmm 
Atptraat  OiaBu  dukiJIo/Kiqiu  li^ore: 

"  And  as  physicians,  when  tbey  attempt  to  give  tutter  worm- 
wood to  children,  first  tit^  the  rim  ronnd  the  cnp  with  the 
sweet  and  yellow  liquid  at  honey,"  &o.  b.  Bnt  I  fear  that 
this  book  may  be  thought  to  contain  veiy  little  honey  and  a 
sreat  deal  of  wormwood,  and  may  be  more  serviceable  for 
mstructioD  than  agreeable.  I  am  aftaid,  too,  that  it  may  find 
the  less  favour,  as  it  will  contain  precepts  not  newly  in- 
vented, for  the  most  part,  by  me,  but  previously  given  by 
othera ;  and  it  may  also  meet  with  some  who  are  of  contnij 
opinions,  and  who  will  be  ready  to  assail  it;  bL>canse  most 
authors,  though  they  have  directed  their  steps  to  the  same 
point,  have  made  different  loada  towards  it,  and  each  haa 
drawn  his  followera  into  his  own.  6.  Their  adherents,  more- 
over, approve  whatever  path  they  have  pursued,  and  yoa  will 
not  ea^y  alter  prepoesessions  that  hsv0  been  inculcated  into 
youth,  for  every  one  had  rather  have  learned  than  learn. 

7.  But  there  is,  as  will  appear  in  the  pn^resa  of  the  book, 
an  infinite  diversity  of  opinions  among  authors ;  aa  some  have 
*  B.  L  V.  9S4 ;  iv.  11.  In  the  flrrt  of  tliese  puugM,  bowenr,  wa 
find  Std,  and  in  tbs  second  Nan,  instead  of  ^e,  and,  inatawl  of 
^ipirmil,  ixntingmnt,  Sncb  varUtioiu  bave  led  to  the  suppoaition  tjurt 
then  were  two  edition!  of  Lncrsliiu'a  po«m ;  see  Spaldiii^i  notc^  iad 
the  "RamarkB"  prefixed  to  my  tronuatjon  of  Lucretius,  ti.  v£.  vUi« 
Spalding  obeerves  Qat  "  upirare  niellis  liqnore"  wiU  bt  eqwvalwt  4k 
*•  odoi*  at  Mpors  meUia  linhu«r«.* 


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1T2  QDnmtUir.  B.III, 

added  their  own  discoveries  to  what  vas  preTioaslf  tude  and 
imperfect,  and  then  others,  that  they  might  seem  to  pnxlaee 
something  themselves,  have  even  altered  what  vbb  right  8. 
The  first  writer  who,  after  tboee  that  the  poets  have  mentioned, 
touched  at  all  upon  otutorjr,  is  said  to  have  been  Empedocles,* 
and  the  most  ancient  composers  of  rules  on  the  art  were  Corax 
and  Tisia8,'t  natives  of  Sicily ;  to  whom  succeeded  a  native  ot 
the  same  island,  Gorgias  the  Leontine,  who,  as  is  said,  was  a 
pupil  of  Empedocles.  B.  Goroias,  through  the  sdvant^  of 
a  *ei7  long  life,  (for  be  lived  a  hundred  and  nine  years,) 
flourished  as  a  contemporary  with  man;  rhetoricians ;  and  was 
thus  a  rival  of  those  whom  I  have  just  named,  and  survived 
even  the  age  of  Socrates.  10.  At  the  same  period  with  him 
lived  Thrasymachus  of  Chalcedon,  Prodicus  of  Ceos,  Prota- 
goras of  Abdera,  (from  whom  Euathlus  is  said  to  have  learned 
tiie  art  of  oratory,  on  which  he  published  a  treatise,  for  ten 
thousand  denarii,})  Hippias  of  Elis,  and  Alcidamus  of  Ehea, 
whom  Plato  calls  Falamedes;  11.  There  was  also  Antiphon, 
(who  was  the  first  that  wrote  speeches  §  and  who,  besides, 
composed  a  book  of  rulee  on  rhetoric,  and  was  tbou^t  to  have 
pleaded  his  own  cause  on  a  trial  with  great  ability,)  Polycmtes, 
by  whom  I  have  said  |l  that  a  speech  was  written  against 
Socrates,  and  Theodorus  of  Byzantium,  one  of  those  whom 
Platoir  nails  XoyaialiaT^,  ''artificen  in  words."  IS.  Of  these, 
the  first  that  treated  general  subjects  were  Protagoras,  Gor- 
gias, Prodicus,  and  Thrasymachus.  Cicero,  in  his  Brutus,** 
says  that  no  composition,  having  any  rhetorical  embellishment, 
was  written  before  the  time  of  Pericles,  but  that  some  pieces 
of  his  were  in   drculation.     For   my  part,  I  find  notliiiig 

*  Jforine  olifoa  drea  r^ttorieeit  Smpado^  dfeihr.]  'E/irflmAla  A 
'AfiiaToTiXiit  fiin  ■wfHTov  htirofaHv  nnvqcivau  Seitiit  Empir.  [k 
8T0  of  Fabridiu'B  •dmon,  wbo  obs«rT«  that  Quintiluui  usaa  tha  ma* 
kind  of  ezpTOMiaD  u  Aiutotle.  The  book  of  Arutotla,  from  whi.<h 
Ow  phnw  WM  taken,  oUed  SophisMa,  u  now  lost ;  Diog.  Lurt  viii. 
ST.    See  SpaldWa  note. 

t  See  iL  17,  7. 

J  £313  10«.,  tb«  donuiiu  bMng  valtied  at  Tld 
He  wu  the  fltst  that  wrote  apeechM,  and  sold  thsm  to  acoased 
atraata,  or  panonB  going  to  law,  to  nse  aa  their  own,  m  is  related  bjr 
Ammlamui  Maroelliniu,  xxz.  4.    Raiding.  9.  r. 
N  Sm  a  17,  4. 
1  nwdr.  p.  S«S  B. 
"GT. 


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OLL]  IDDCATtON  OF  AS  OK&TOR.  ITS 

MiBirerBble  to  the  fama  of  such  eloquence  as  bis,*  aud  aic 
therefore  the  less  eurpriaed  that  some  should  thiok  that 
nothing  was  written  by  Pericles,  but  that  the  writings,  which 
were  circulated  under  his  name,  were  written  by  others. 

13.  To  these  succeeded  many  other  rhetoricians,  but  the 
most  famous  of  the  pupils  of  Gorgias  was  Isocrates ;  though 
authors,  indeed,  are  uot  agreed  as  to  who  was  his  master ;  I, 
however,  trust  to  Aristotlef  on  that  point.  14.  From  this 
time  different  roads,  as  it  were,  began  to  be  formed;  for  the 
disciples  of  Isocrates  were  eminent  in  every  department  of 
learning;  and,  when  he  was  grown  old,  (he  Uved  to  complete 
his  nine^-eighth  year,)  Aristotle  began  to  teach  the  art  of 
oratory  in  his  afternoon  lessons.J  iirequently  parodying,  as  is 
said,  the  well-known  verse  from  the  tragedy  of  Philoctelee, 
thus: 

A  'ffxp^^  aiarav,  ical  'TffOJcpdnjv  lav  \tytty,% 

"  It  is  disgraceful  to  be  silent,  and  to  allow  Isocrates  to  speak." 
A  treatise  on  the  art  of  oratory  was  pubUshed  by  each  of  them ; 

*  Sm  lii  3,  42  ;  10, 19  ;  when  Qointilian  potfitival;  userla  that  no 
wiitiiigi  of  FericleB  wars  extant  in  hia  time ;  and  Bnlmken,  in  his  Hist. 
Crit.  Or.  Gr.  p.  88,  brings  plenty  of  »uthoritie«  to  ■upp<Mi  that 
■BBertian,  though  Cicero  (Brut,  c  7,  uid  de  Ortit.  ii.  22)  Kenu  to  havs 
bod  grefitar  &itL  in  the  genuiuenaas  of  the  writingB  circulated  under 
thra  name  of  Perialea,  Conld  the  geniuDe  writingB  of  Peiiolea  have  been 
loat  between  the  age  of  Cicero  end  that  of  Qointjliajit  I  think  nob 
See,  on  this  doubtful  lubject,  Fabr.  Biblioth.  ed.  Barlea.  vol.  iL  p.  746. 
Spaldinp. 

t  Aiiatolla  muat  have  aipreealy  stated  this  In  aome  part  of  hi* 
frritings,  but  we  find  no  auoh '  paaaage  in  any  of  those  left  to  ua. 
Many  of  his  boota  are  loat,  however ;  aa  the  Tbeudectea  ;  ees  il  16, 10. 
IKonyaiua  Halicamusensia  (Tom.  ii.  p.  94)  uja  that  not  only  Goipas 
was  a  preoaptoT  of  laocrataa,  but  aleo  Prodicua  of  Ceoe^  and  Tisiaa  of 
ByTBciue,  and  mentioaH,  as  an  opinion  of  Borne,  that  he  waa  iDHtmcted 
1^  Tberamenea.  See  Paeudo.Plutarch,  p.  83a  F.,  and  Suidaa  under 
laoorates.    /^aiding. 

t  See  Axd.  QelL  xx.  6,  who  aaya  that  what  Aristotle  taught  on 
riiatorio  was  among  hia  txottriea,  inabnictiona  which  he  uaed  to  give 
in  the  eTeniug,  when  hia  audience  waa  leaa  select  than  in  the  morning. 

S  See  Cicero  de  Oral  iii  i&;  Tubc  i.  4;  Orat.  c  19.  Beutley, 
Menage,  and  othan  have  correoted  cni  'lo-acpdrqv  into  'looicparijv  f 
for  the  sake  of  the  metra.  Hermann,  Opusc.  v.  iii.  p.  li.9,  suppoae^ 
with  Beutlef,  that  the  verse  ia  from  the  Fhiloctetes  of  Eurip'dea. 
Diogenea  Laertius  (v.  S)  says  that  the  verse  was  applied,  not  to 
Iwlo^«t«^  but  to  Xennoratea. 


t,  Google 


171  QcniTiLUM.  £anL 

but  Aristotle  made  his  to  oonsist  of  several  books.  At  (he 
same  time  lived  Theodectes,  of  whose  wei^  I  bare  alreadj 
spoken.  IB.  Tbeophrastua,  also,  ■  disciple  of  Aristotle,  wrote 
very  earefullj  on  rhetoric ;  sod  sinoe  that  time  the  philoso- 
pherH,  especially  the  leaders  of  the  Stoics  and  Peripatetics, 
tiave  paid  evea  greater  atteutiaii  to  the  eubjeot  than  the 
rhetdricians.  16,  Hermagoraa  then  made,  as  it  were,  a  way 
for  himself,  whu^  most  orators  have  followed ;  but  Atbeneus* 
appears  to  have  been  most  nearly  his  equal  and  rival.  After- 
WfU^  Apollonlus  Moton,  Areua,t  Goeciliua,  and  Dionysius  of 
Halicamassus,  wrote  much  upon  the  art  17.  But  the  two 
that  attracted  most  attention  to  themselves  were  Apollodorua 
of  Pergamos,  who  was  the  teacher  of  Ctesar  Augnstua  at  Apol- 
lonia,  and  Theodoras  of  Oadara,  who  jweferred  to  be  called  a 
native  of  Rhodes,  and  whose  lectures  Tiberius  Cnsar,  when  he 
retired  into  that  island,  la  stud  to  have  constantly  attended. 
18.  These  two  rheUiiciaDs  taught  different  aystoms,  and 
their  followers  were  thence  called  ApoUodoreans  and  Theo- 
doreans.J  after  the  manner  of  those  who  devoto  themselves  to 
certain  sects  in  philosophy.  But  the  doctrines  of  Apollodorua 
joa  may  learn  best  from  his  disciples,  of  whom  the  most  exact 
in  delivering  diem  in  Latin  was  Cains  yalgius,§  in  Qre^ 
Adf)cas.||  Of  Apollodonis  himself  the  only  work  on  the  art 
•eems  to  have  been  that  addressed  to  Matiua ;  IT  for  the  epistle 

ritten  to  Domitins**  does  not  acknowledge  the  othw  bo<^ 
attributed  to  him.  The  vrridngs  of  Theodoras  were  more 
numerous ;  and  there  are  some  now  living  who  have  seen  his 
disinple  Hermagoras. 

19.  The  fii-st  among  the  Bomana,  as  far  as  I  know,  dut 

■  See  ii.  IS.  SS 

f  See  i.  15,  86. 

I  See  ii.  11,  2. 

I  Caiiu  Yalgiua  Ruftu,  a  gianmurlan  uid  liketorician  in  Hm  time  of 
AuguatuB,  to  wham  he  inacribed  a,  book  on  herbs,  Plin.  H.  N.  izv.  2. 
Whether  the  teonied  have  rightlj,  or  too  cul^ously,  distinguiiihed  him 
tram  Titui  Telgius  Rufns,  the  poet,  the  trieod  of  Horsoe  uid  TibuUna, 
I  leeve  for  ibs  oanHidemtioD  of  otban.     Spalding.     See  o,  3,  Hot.  17. 

g  Probehly  the  Dionyeim  Attimia  mentioQad  by  Stmbo,  xiii.  p.  636. 

H  I  mppoee  that  tiiiH  is  the  Matius  meotianed  by  Plili^  E.  N.  xU. 
4,  by  whom  he  ia  called  Din  AagatU  anaau,    Bttrmtmn, 

"  I  ooDsider  that  tbia  k  Uie  DAmitiua  Hamu,  tba  elegant  poet  and 
pioaa  writer  ij)  the  time  of  Anguatua ;  ha  ia  man  aoned  by  Quinliliw 
mna,  vi.  S.     Spalding. 


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«S.L']  CDUOAimH  or  AM  OBATOR.  ITS 

composed  anjthing  on  this  sabjeot,  was  Mtrcita  Oato  tli« 
OenBor;*  after  whom  Marcns  ADtoninst  made  some  atUmpt 
in  it ;  it  is  the  0DI7  writing  that  ib  «xttmt  of  his,  and  is  in 
quite  an  unfinished  state.  Less  oelebiMed  imtem  followed, 
whose  names,  if  ecoasion  shall  anywhere  require,  I  will  not 
forbear  to  mention,  30.  B«t  Morons  Tnlliua  Cioero  threw4. 
the  greatest  light,  not  only  on  eloquence  itself,  but  also  on  its 
procepts,  giving  the  only  model  of  excellenoe  among  us  in 
speaking  and  in  teftcbing  the  art  of  speaking ;  after  wliom  it 
would  to  most  becoming  to  be  silent,  if  he  Inmaelf  had  not 
wnd  that  his  'books  on  liietoricj  escaped  from  his  hands  when 
he  was  very  young,  and  if  he  had  not  intentionally  omitt«d,  in 
his  DitJognee  on  Oratory,  those  minor  points  on  which  most 
learners  require  instruction. §  91.  Coruifioine  H  wrote  much 
on  the  same  subject;  Stertinius  something  oonaideiable ;  and 
GallioY  the  father  a  little.  But  Celsus**  and  Lenas,{{ 
who  preceded  Gallio,  and  Virginius,§§  PliDy,||j[  and  Tutiliusf^ 
in  our  own  age,  have  written  on  the  art  with  greater  accural^. 

•  See  a  15,  1. 

t  See  Cicero  de  Orat.  L  47,  48. 

t  See  nou  on  iL  15,  6. 

5  See  De  Orat.  i.  S  ;  S6 ;  iL  3  1  Efitt  ad  Uiv.  I  9. 

I  Probably  the  Quintiu  Comifioiai  to  whom  Cioero  wiitea,  EpiiL  ad 
DIt.  ziL  17,  18,  23. 

^  Thia  rhetoriainn  la  not  mentioned  1^  anj  other  writer,  nnless  he 
be  the  Haiimiu  Stertiniua  notioed  by  Seneooa,  ContrOT.  ix.     ^patdtof, 

*"  He  ia  Dotioed  again  bj  QaiDtilian,  iz.  2,  91,  &om  which  paaaag^ 
eompaTed  with  Sen.  ControT,  p.  160,  ed.  Bip^  it  clearly  appeiuB  that 
be  wu  die  aaiae  person  to  whom  Seneca  the  father  oftrai  alludea,  and 
calls  Jnniua  Oallio,  and  who  adopted  the  son  oF  that  Seneca,  the  idd«St 
brutber  of  the  philosopher.  He  was  the  fHend  at  Orid  (Senec  Smia. 
iii.  pL  2G),  whoae  epistle  from  Pontoa,  It.  11,  ia  perhaps  addraaaed  W 


ft  SeeiL  IS,  22. 

2t  See  I.  7,  32  ;  zL  3,  183.  In  the  latter  pi 
Popilius.  I  find  no  mention  of  him  in  an;  an 
'Spalding. 

BS  Mentioned  by  Tacitus,  Aon.  xt. 
siDfUenttiJ  fav^ai  ;  alao  by  Quintilian  ii 
li.  3,  26.      "     "■ 

II  [|  The  I 

^1f  Heutioned  by  Murt'Bl,  t.  ST,  6.  Some  enppoee,  jrom  Plin.  Ep.  vl 
S3,  Uiat  Qniutilian  married  bis  daughter.  Spalding  concun  with 
Oodoyn  in  inpposing  that  we  should  read,  in  that  pasHge  if  PUht. 
QMMlMna  initeadof  <iitititiliami. 


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178  UTimnuxm.  [t.m. 

There  are  also  at  this  verj  time  eminent  writ«rs  on  the  Hme' 
eulject,  who,  if  they  had  embraced  eveiy  part  of  it,  would 
have  relieved  me  from  my  present  task ;  bat  I  forbeai  to 
mention  the  names  of  living  authors ;  the  doe  time  for  honour 
ing  them  will  arive ;  for  their  merits  will  live  in  the  memoiy 
of  posterity,  to  whom  the  influence  of  envy  will  not  reach, 

23.  Yet,  after  bo  many  great  writera.  I  shall  not  hesitate  to 
adTancei  on  certain  points,  my  own  opinions ;  for  I  have  not 
attached  myself  to  any  pardcular  sect,  as  if  I  were  affected 
with  any  spirit  of  superstition ;  and,  as  I  bring  together  the 
observations  of  many  authors,  liberty  must  be  allowed  my 
readers  to  chooae  from  them  wfaat  they  please ;  being  myaoLf 
content,  wherever  there  is  no  room  for  showing  ability,  to 
deserve  the  praise  due  to  carefiilnees. 


CHAPTER  II. 


< 


1.  The  quesUon,  lahal  it  the  origin  of  oralon/,  need  not 
detain  us  long ;  for  who  can  doubt  that  men,  as  soon  as  they 
were  produced,  received  language  irom  nature  herself,  ths 
parent  of  all  things,  (which  was  at  least  the  commencement  of 
oratoty,)  and  that  utUilg  brought  improvement  to  it,  and 
method  and  exereite  perfection?  2.  Nor  do  1  see  why  some 
should  think  that  accuracy  in  speaking  had  its  rise  from  tha 
circumstance  that  those,  who  were  brooght  into  any  danger  by 
accucation,  sot  themselves  to  speak  wiu  more  than  ordinaiy 
care  for  the  purpose  of  defending  themeelTee.*  This,  even  it 
a  more  honourable  cause,  is  not  necessarily  the  6rst ;  espedally 
as  accusation  goes  before  defence ;  unless  any  person  would 
saj  that  a  swo^  was  forged  by  one  who  prepared  steel  for  bis 
own  defence  earlier  than  by  one  who  designed  it  for  the 
destruction  of  anodter. 

It  was  therefore  tmture  that  gave  origin  to  speech;  and 

thMervalion  that  gave  origin  to  art ;  for  as,  in  r^[ard  to  medi 

I  have  Dot  fonnd  in  any  writer  an  aqiregt  ustrtion  to  this  etteot. 


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CH.ia]  vavanos  of  an  obatob.  177 

ciue,  when  people  saw  that  eome  thii^  were  wholesome  snd 
others  unwholesome,  they  established  an  art  b j  obserring  their 
different  propertiee,  so,  with  respect  to  speaJung,  when  thej 
found  some  things  useful  and  othera  oselesa,  they  marked 
them  for  imitation  or  avoidance;  other  people  added  other 
things  to  the  list  according  to  their  nature ;  these  observations 
were  confirmed  by  experience ;  and  evei^  one  then  taught  what 
\  he  knew.     4.  Cicero,*  indeed,  has  attributed  the  origin  of\ 
eloquence  to  founders  of  cities  and  to  legislators ;  in  whom    X 
there  certainly  must  have  been  some  power  of  speakii^ ;  hut 
why  he  should  regard  this  as  the  very  origin  of  oraloiy,  I  do 
not  see ;  as  there  are  nations  at  this  day  without  any  fixed      / 
settlements,  without  cities,  and  without  laws,  and  yet  mec      ' 
who  are  bom  among  them  discharge  the  duties  of  ambasBadors, 
make  accusations  and  defencM,  and  think  that  one  peraon 
speaks  better  than  another. 


CHAPTER  III. 


IM*iiiMis  of  Uie  art  of  OMI017,  g  1—  S.  Vaiioiia  o^nion*  napaating 
them,  i,  5.  Cioero'B  not  ijintya  tha  nine,  6,  7.  OpiniotiB  of  Bome 
QrMk  writer^  B,  9.  Of  the  order  of  the  diviaioti  or  puta,  10. 
Whether  thej  ahoidd  be  called  parta,  of  woAa,  or  elemraitB,  11. 

1.  Tbb  whole  art  of  oratory,  as  the  most  and  greatest 
writers  have  tanght,  consists  of  five  parts,  invmljon,  arrange-  ' 
meni,  expreuum,  memory,  and  deUverg  or  action;  for  tho  last  1 
is  designated  by  eit^r  of  these  terms,  fiut  every  speech,  bj 
which  any  purpose  is  expreesed,  most  of  necessity  consist  of 
both  mattfr  and  vordt;  9.  and,  if  it  is  short,  and  included 
in  one  sentence,  it  may  periiape  call  fi)r  no  further  considera- 
tion ;  but  a  speech  of  greater  length  requires  attention  to  a 
greater  number  of  particnlwrs ;  for  it  is  not  only  of  consequence 
what  we  say,  and  how  we  say  it,  but  also  iidiere  we  say  it : 
there  is  need  therefore  also  for  armn^eniMt.  But  we  cannot 
«ay  everythii^  that  our  sul^ect  demands,  nor  everything  in  its 
proper  place,  without  the  assistance  of  meaory,  which  will 
accordingly  constitute  a  fourth  part.  3-  And  a  ^livery  which 
ia  tmbe«)ming  either  as  to  voice  or  gesture,  viUates,  and 
•  De  Orat.  i.  8, 


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178  QDumLUM.  ;am. 

almost  rendets  iteffectnal,  all  those  other  requisites  o 
eloquence ;  and  to  delivery  tlierefore  must  necessarily  W 
assigned  the  fifth  place. 

4.  Nor  are  some  writers,  among  whom  is  Albotius,*  to  be 
be  r^arded,  vho  admit  only  the  first  three  parts,  because 
memory^  they  say,  and  deUvtry,  (on  which  we  shall  give 
directions  in  the  proper  place.t)  oome  from  nature,  not  from 
art.  Thrttcymachus,}  however,  was  of  the  same  opinion  as  &r 
as  concerns  delivery,  6.  To  these  some  have  added  a  sixth 
part,  by  sulgoiaing  jndgaent  to  invention,  as  it  is  oar  first 
business  to  invenl,  and  then  to  judyt.  For  my  part,  I  do  not 
consider  that  he  who  has  not  judged  has  invented;  for  a 
person  is  not  said  to  have  invtnUd  contradictory  or  fboliali 
argnments,  or  such  as  are  of  equal  value  to  himself  and  his 
adversary,  but  not  io  hame  avoided  them.  B.  Cicero,  indeed, 
in  his  Rhetoriea,^  has  included  Judgment  under  invention ; 
btit,  to  me,  judgment  appears  to  be  so  mingled  with  the  first 
three  parts  (for  there  can  neither  be  arrangement  nor  expretiion 
without  it),  that  I  think  even  delivery  greatly  indebted  to  it. 
7.  This  I  would  the  more  boldly  affirm,  as  Cicero,  in  his  Par- 
litioite$  OraloTUBjW  arrives  at  the  same  five  divisions  of  which 
I  have  just  spoken  ;  for,  after  first  dividing  oratory  into  t^'.  i 
parts,  ineentioit  and  exprettitm,  he  has  put  matter  and  arrange 
ment  under  invention,  and  words  and  delivery  under  expresaion, 
and  has  then  made  memoiy  a  fifth  part,  having  a  common 
influence  on  aJI  the  rest,  and  being,  as  it  were,  the  guardian  of 
them.  He  also  says,  in  his  books  de  Oralore.^  that  eloquence 
consists  if  five  divisions ;  and  the  opinions  expressed  in  these 

*  AJbutiuji  Novsrieiuda  came  to  Bdihb  in  Uie  reign  of  AoguBtne, 
uid  wBH  reoeived  into  die  Mendship  of  Flancus.  He  opened  a  anhool 
at  Rome,  and  taught  rlietorio.  Sraeoa  mentjons  liim  in  Ms  Declnima 
lionB  and  Controveniea.     Tunt^nu. 

t  5.  XL  0.  2  end  S. 

j  Compare  iiL  1,  10.  He  might  have  said  thii  in  the  ri^vq 
pi|r«puc4  which  Snida*  ■ttribnteg.to  him.  Then  wag  more  than  cue 
book  of  bia  extant^  as  appears  ft«m  Cioero  Orat.  c.  52.    Spalding. 

I  The  books  Dt  InainUime.  The  partiDular  paaoge,  however,  to 
wbieh  Quiittilian  refers,  is  not  to  be  found  in  what  is  now  extant  of 


'i  The  text  has  in  Oratart,  bnt^  m  ^o^  hag  obaervad,  there  Is  no 
Hoge  to  that  effhot  in  the  Orator. 
fotwd  in  the  De  Onton^  i.  11. 


pusoge  to  that  effhot  in  the  Orator,    The  dindon  into  five  parts  will 

be  f OQDl'  ■      -'-'■-  '^-'— -    •    •• 


jL,Cooj^k' 


on.  iil]  kducatiok  op  an  o&ator.  I7fl 

books,  as  they  w«r«  written  at  a  lat«r  period,  vuy  he  toganled 
aa  more  settled. 

8.  Those  aidiiors  (4ipear  to  me  to  ture  been  not  less  de- 
nrous'  to  introduce  something  new,  who  have  added  order 
after  having  previoual;  BpeciQed  arraQgement,t  as  if  arrange- 
ment were  anything  else  than  the  disposition  of  things  in  the 
best  possible  order.  Diou{  has  specified  only  inventioti  and 
arrangement,  but  has  mtKle  eadi  of  them  of  two  kinds. 
relating  to  matter  and  to  words ;  so  that  expression  may  be 
included  under  invendon,  and  delivery  under  arrangement ; 
to  which  parts  a  fifth,  memory,  ihust  be  added.  The  followers 
of  Theodotus,  foe  the  most  ptut,  distinguish  invention  into  two 
sorts,  referrii^  to  tMriter  and  expresiion ;  and  then  add  the 
tJiree  other  parts.  0.  Hermagoras  puts  judgment,  division 
order,  and  whatever  relates  to  eitpression,  under  economg. 
which,  being  a  Greek  term,  taken  from  the  care  of  domestic 
ofiairs,  and  used  in  reference  to  this  sntgeot  metaphorically, 
has  no  Latin  equivalent. 

10.  There  is  also  a  question  about  the  following  point, 
namely,  that,  in  settling  the  order  of  the  parts,  some  liave 
put  fnemorg  after  itivertlion,  some  after  arrangement.  To  me 
the  fourth  place  seems  most  suitable  for  it ;  for  we  must  not 
only  retain  in  mind  what  we  have  imagined,  in  order  to  arrange 
it,  and  what  we  have  arranged  in  order  to  express  it,  but  we 
must  also  commit  to  memory  what  we  have  comprised  in 
words ;  since  it  is  in  the  memory  that  everything  that  enters 
into  the  composition  of  a  speech  is  deposited. 

11.  There  have  been  also  many  writera  inclined  to  think 
that  these  divisions  should  not  be  called  parts  of  the  art  of 
oratory  but  dtuiet  of  the  orator,  as  it  is  the  business  of  the 
orator  to  invent,  arrange,  express,  et  celera.  13.  But  if  we  coin- 
cide in  this  opinion,  we  shall  leave  nothing  to  art ;  fbr  to  speak 
well  is  the  duljf  of  the  orator,  yet  skill  in  speaking  well  \ 
constitutes  the  art  of  oratory ;  or,  as  others  express  their 
notions,  it  is  the  duty  of  the  orator  to  persuade,  yet  the  power 
«f  persuading  lies  in  bis  art.     Thus  to  invent  arguments  and 

*  fint  leni  thnn  thaBe  who  iM  mentioned  in  wet.  6  m  having  iiitr» 
ducod  a  uxtb  part. 
t  Diipotilio, 

i  Snppowd  t^  Tunebua  and  Spalding  to  bs  Dion  CluTKKtam. 
It  9 


D,j„.„^L,  Cookie 


IS1  qUIHTILUK.  [b.  lit 

arrmnge  them  Ate  the  duties  of  the  orator;  jet  inBetUion  tmd 
arrangement  may  be  thought  peculiar  parts  of  the  art  of  oratory. 
13.  It  is  a  point,  too,  about  which  many  hare  disputed, 
whether  these  are  parti  of  the  art  of  orator;/  or  workt  of  it, 
or  (as  Athensus*  thinks)  eleateittt  of  it,  which  the  Greeks 
call  arai^iix.  But  no  one  can  properly  call  them  elementi ;  for 
in  thatoase  they  will  be  merely  first  principles,  as  water,  or  fire, 
or  matter,  or  indivisible  atoms,  are  called  the  elements  of  the 
vortd ;  nor  can  they  justly  be  turned  uorke,  as  they  are  not 
performed  by  others,  but  perform  something  themselves. 
14.  They  are  therefore  poflt ;  for  as  oratoty  consists  of  them, 
and  as  a  whole  conusts  of  parts,  it  is  impossible  that  those 
things  of  whieh  the  whole  is  composed  can  lie  anything  else  but 
parts  of  that  whole.  Those  who  have  called  Ibem  worki,  ap~ 
pear  to  me  to  have  been  moved  by  this  consideration,  that  they 
did  not  tike,  in  making  the  other  division  of  oratory,  to  adopt 
the  same  term ;  for  the  parlt  of  oiatory,  they  said,  were  the 
pmegyrieal,Aie  deliberative,  And  the  judicial.  15.  But  if  these 
are  parts,  they  are  parts  of  the  matter  rather  thaa  the  art ;  for 
in  each  of  them  is  included  the  whole  of  oratory ;  since  no  one 
of  them  can  dispense  with  inveution,  arrangement,  expression, 
memory,  and  delivery.  Some,  therefore,  have  thought  it  better 
to  say  that  there  are  three  kinds  of  oratory ;  but  those  whom 
Cicero  t  has  followed  have  given  the  most  reasonable  opinion, 
namely,  that  there  are  three  kinds  of  subjecti  for  orator;/. 


CHAPTER  IV.  I 

T^liether  there  are  thr««  sorts  of  oratory,  or  more,  $  1 — S.     Quiatflua 
■dherea  to  the  old  opiiuoii  that  there  are  but  three ;  bia  reasons^      I 
4 — 8,    Opimons  of  Anaiimanes, -Plato,  laocratea,  9—11.     Quiu- 
tilian'a  own  method,  13 — IS.    He  does  not  aasign  particular  aub     I 
jecta  to  each  kind,  IS. 
1.  Blt  it  is  a  question  whether  there  are  three  or  more. 
Certainly  almost  all  writers,  at  least   those  of  the  h^hest 
authority  among  the  ancients,  have  acquiesced  in  this  tripartite 
distinction,  following  the  opinion  of  Aristotle,  who  merely  calla    . 
•  IL  IS,  2S.  t  De  Orat.  L  31 ;  T<^  c  34.  | 


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CH.  IV.J  EDUCATION  OF  A3«   OBATOB.  181 

the  deliberative  by  another  name,  eoneionala,'  "  suitable  for 
addresses  to  public  assemblies."  3.  But  a  feeble  attempt  was 
made  at  that  time  hj  some  of  the  Greek  writers,  an  attempt 
which  has  since  been  noticed  by  Cicero  in  his  books  De  Oratore,f 
and  is  now  almost  forced  upon  us  bj  the  greatest  author^ 
of  our  own  day,  to  make  it  appear  that  there  are  not  only 
more  kinds,  but  kinds  almost  innumerable.  3.  Indeed, 
if  we  distiDgiiish  prauing  and  blaming  in  the  third  part  of 
oratory,  in  what  kind  of  oratoiy  shall  we  be  said  to  employ 
ourselves  when  we  complain,  coruole,  apptiue,  excite,  alarm, 
encourage,  direct,  explain  lAscure  expreieioni,  narrate,  entreat, 
offer  thanks,  congratulate,  reproach,  attack,  deieribe,  command, 
retract,  exprea  wifhea  or  opiniont,  and  speak  in  a  thousand 
other  ways  ?  i.  So  that  if  I  adhere  to  the  opinion  of  the 
ancients,  I  must,  as  it  were,  ask  pardon  for  doing  so,  and  must 
inquire  by  what  considerations  they  were  induced  to  confine  a 
subject  of  such  extent  and  variety  within  such  narrow  limita  ? 
5  Those  who  say  that  the  ancienta  were  in  error,  suppose  that 
they  were  led  into  it  by  t^e  circumstance  that  they  saw  in 
their  time  orators  exerting  themselves  for  the  most  port  in  these 
three  kinds  only  ;  for  laudalerg  and  vituperative  speeches  were 
then  written  ;  it  was  customary  to  pronounce  funeral  orations ; 
and  a  vast  deal  of  labour  was  bestowed  on  deliberative  and  . 
judicial  eloquence ;  so  that  the  writers  of  books  on  the  art  -^ 
included  in  them  the  kinds  of  eloquence  most  in  use  as  the 
only  kinds.  6.  But  those  who  defend  the  ancients,  make  three 
Borta  of  hearer e;  one,  who  assemble  only  to  be  gratified;  a 
second,  to  listen  to  counsel ;  and  a  third,  to  form  a  judgment 
on  the  points  in  debate.  For  myself,  while  I  am  searching 
for  all  sorts  of  arguments  in  support  of  these  various  opinions, 
it  occurs  to  nte  that  we  might  make  only  two  kinds  of  oratory, 
on  this  consideration,  tiiat  all  the  business  of  an  orator  lies  in 
causes  eiibei  judicial  or  extrajudiciaL  7.  Of  matters  in  which 
decision  is  sought  from  the  opinion  of  a  judge,  t^  nature  is 
self-evident;  those  which  are  not  referred  to  ajudge,  have  respect 
either  to  the  past  or  to  the  future ;  the  past  we  either  praise 
or  blame ;  and  about  the  future  we  deliberate.     8.  We  may 

*  dvfiqvapwM'.    Ariiti  BheL  L  1,  10 ;  iiL  14,  tl. 
+  U.  10. 

S  Turnebiu  and  Spalding  mppose  tlut  Plinj  the  Elder  i«  meanL 
Bee  0.  i.  Mrt  !L    All  the  other  oommentaton  are  ukul. 

D,j„..;uL,  Cookie 


I»3  4UINTIUAK.  [B.ai. 

also  adii,  that  all  sulgects  gu  which  an  orator  has  to  speak 
are  either  certain  or  doubtful ;  the  certiua  be  pivises  of 
blame§,  aocordicg  to  the  opinion  which  he  forms  of  them ;  of 
the  doubtfol,  aome  are  left  free  for  ourseWea  to  choose  bow  to 
decide  on  them,  and  conoeming  these  there  mnet  be  delibera- 
tion; some  are  left  to  the  jndgmeat  of  otbras,  and  coneeniiiig 
these  there  must  be  litigation. 

9.  Anaximenes  admitted  only  the  general  dxrisions  <djtt- 
iicial  and  deliberaliva,  but  stud  that  there  were  sevea  qieciM ; 
those,  namelj,  of  exhorting  and  dittmadiiig,  ot  prauiug  and 
blaming,  of  acenting  and  dtfendimg,  and  of  examining,  which 
be  calls  the  txttoMiie  sort ;  but  it  is  easy  to  see  that  the  firat 
two  of  these  qieoiea  belong  to  the  deliberative  kind  of  oratory, 
the  two  following  to  the  epideielie,  and  the  last  three  to  the 
judicial.  10.  I  paae  over  Protagorao,  who  thinks  that  the 
only  parts  of  oratory  are  those  of  iutemgalinf,  rtf It/ins,  eom- 
mandiag,  aitd  inlremiing,  which  be  calls  t^uXi.  Plato,  in  his 
Sophistes,*  has  added  to  the  judicial  and  deliberative  a  third 
kind  which  he  calls  ^Mfu\tiTixir,  and  which  we  may  allow 
ourselves  to  coll  the  lernuteinatorj/  sort,  which  is  distinct  from 
the  oratoty  of  the  forum,  and  suited  to  prirate  discossions,  and 
of  which  dw  nature  b  die  same  as  that  of  dialectics  or  logio 
1 1.  Isocratesf  thought  that  praiee  and  blame  have  a  place  in 
every  kind  of  oratory. 

To  me  it  has  appeared  safest  to  follow  the  mtyority  of 
writers ;  and  so  reason  seems  to  direct.  12.  There  is.  then, 
as  I  sud,  one  kind  of  oratory  in  which  pnuse  and  blame  are 
included,  but  which  is  called,  from  the  better  part  of  its  office, 
the  panegyrical;  others,  howoTer,  term  it  the  demonttrative  or 
epideielie.  (Both  names  are  thought  to  be  derived  from  the 
Greeks,  who  apply  to  those  kinds  the  epithets  iynvodaerixie 
and  itiiuKTixit.  13.  But  the  word  iriitixnxit  seems  to  me 
to  have  the  signification,  not  so  much  of  demonttratum  as  of 
oitenlation,  and  to  differ  very  much  from  the  term  tyxmuMt- 
tfwxjr;  for  though  it  includes  in  it  the  laudatory  kind  of  oratory, 
it  does  not  consist  in  that  kind  alone.  14.  Would  any  one 
deny  that  paneggrical  speeches  are  of  the  epideielie  kind  ?  If  et 
they  take  the  tuaiorg  form,  and  generally  speak  of  the  interests 
of  Oreece.     So  that  there  are.  indeed,  three  kinds  of  oratory  ; 

•  Ed.  Steph.  p.  32S. 

t  See  ii  IS.  4. 


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OH,T,]  IDDOATIOr    OF  AN   ORATOR.  183 

but  in  eacb  of  t^em  part  is  devoted  to  the  avhjeclmaUer,  and 
part  to  displag.  But  perhaps  our  countrymen,  when  they 
c>U  a  particular  kind  <fenwii*tralit>e,  do  not  borrow  the  name 
fironi  tlie  Qreeks,  but  are  simply  led  by  the  consideration  that 
praise  and  blame  elemoiulrate  what  the  exact  nature  of  any- 
tbiug  is.)  15.  The  second  kind  is  the  delibeTatire.  and  the  third 
thejudieiat.  Other  species  will  fall  under  these  genera,  not 
will  there  be  found  any  one  species  in  which  ne  shall  not  have 
either  (o  praite  or  to  bUtme,  to  pertuade  or  to  diuuade,  to  enforce 
a.  chat^  or  to  repel  eoe ;  while  to  eoaciliate,  to  ttate  facts,  to 
inform,  to  exaggerate,  to  exteniuUe,  and  to  iitfluence  tite  judgment 
of  the  audieaee  by  ezcitiiig  or  allaying  the  passions,  are  com 
mon  to  every  soil  of  oratory. 

16.  I  could  not  agree  even  with  tliose,  who,  adopting,  as  1 
think,  a  division  rather  easy  and  specious  than  true,  considet 
that  the  matter  <^  panegyrical  eloquence  concerns  what  is 
honourable,  that  of  deliberative  what  is  expedient,  and  that  of 

{'adicial  what  is /m1;  for  all  are  supported,  to  a  oenmn  extent, 
ij  aid  one  from  another  ;  since  in  panegync  juttice  and  expe- 
dieneg  are  coneidered,  and  in  deliberations  ftonoitr;  and  you 
will  rarely  find  a  judicial  pleading  into  some  part  of  whi<^ 
aomething  of  what  I  have  just  mentioned  does  not  enter. 


and  indefijoite  queationB,  E — 7.  SpecieB  of  indefinite  oncB,  S — 11. 
Qnestioni  on  general  BObJecti  not  useless,  12 — 16.  Definition  of 
■  cauN,  17,  18. 

1.  But  every  speecli  consista  at  once  of  that  which  is  ex- 
pressed, and  of  that  nhich  expreeses,  that  is,  of  matter  and 
tBordt.  Ability  in  speaking  is  produced  by  nature,  art,  and  ^, 
practice ;  to  which  some  add  a  fourth  requisite,  namely  imila- 
fion;  which  1  include  under  art.  '2.  There  are  also  three 
ol^eets  which  an  orator  must  accomplish,  to  inform,  to  move,  4 
to  please ;  for  this  is  a  clearer  partition  than  that  of  thoae  who 
divide  the  whole  of  oratory  into  what  concerns  things  and  pas- 
ttont;  since  both  these  will  not  always  find  a  place  in  the  sulyecta 


D,j„..;uL,  Cookie 


1S4  QaiNTIUAH.  [aUL 

of  which  we  ehall  have  to  treat.  Some  suljocts  are  altogether 
UQConnectod  with  the  pathetic,  which,  though  it  caimot  make 
room  for  itself  everywhere,  yet,  wherever  it  forces  an  entrance, 
produces  a  moat  powerful  effect. 

3.  The  most  eminent  authors  are  of  opinion  that  there  are 
some  things  in  pleading  that  require  proof,  and  others  that  do 
not  require  it;  and  I  agree  with  them.  Some,  however, as 
Celsus,  think  that  an  orator  will  not  speak  on  any  satgect 
unless  there  be  some  question  about  it ;  but  the  m^ority  of 
authors,  as  well  as  the  general  division  of  oratory  into  three 
kinds,  are  oppoeed  to  bim ;  unless  we  say  that  to  praise  what 
is  acknowledged  to  be  honourable,  and  to  blame  what  is  ad- 
mitted to  he  dishonourable,  b  no  part  of  an  orator's  business. 

4.  All  writers  admit,  however,  that  questions  depend  on 
.  what  it  written  or  what  is  not  aritten.  Questions  about  some- 
thing written  concern  Ugalilf)  ;  those  about  something  not  writr 
ten  concern /act.  Hennagoraa,  and  those  who  follow  him,  call 
the  former  und  legal  questionB,  the  tatter  rational  questions, 
using  the  terms  n/uxit  and  >^ixir.  5.  Those  who  make  all 
questions  relate  to  thitwa  and  werdt  are  of  the  same  opinion. 

It  is  also  agreed  that  questions  are  either  indefinite  or 
definite.  The  indefinite  are  tJiose  which,  without  regard  to  per- 
sons, time,  place,  end  other  such  circumstances,  are  argued 
for  er  againtt.  This  sort  of  questions  the  Greeks  call  iieiis  : 
Cicero  *  propoiitiotu  ;  others  gtneral  quetlioni  relating  to  civil 
affairt ;  others  queition*  tuitahle  for  pkilotopkieal  diicvsiion; 
while  Athenaus  makes  them  parte  of  the  eavte  to  be  decided. 
6.  Gicerot  distinguishes  them  into  questions  relating  to  Inote- 
ledge  and  to  action;  so  that  "Is  the  world  governed  by 
divine  providence?"  will  be  a  question  of  knowledge,  "  Ought 
we  to  take  part  in  the  management  of  public  afbirs?"  a 
question  of  action.  The  former  kind  he  subdivides  into  three 
species,  "  whether  a  thing  is,"  "  what  it  is,"  and  "  of  what 
nature  it  is ;"  for  all  these  points  may  be  unknown ;  the  !atter 
kind  into  two,  "  how  we  should  obtain  the  thing  in  question," 
and  "  how  we  should  use  it." 

7.  Definite  qaestions  embrace  particolor  etreumitancet,  per- 
*ont,  tmei,  and  other  things ;  they  are  called  by  the  Greeks 
tnrafifuf;  by  our  countrymen,  eatuee.     In  these  the  wh(^ 


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CH.V.]  EDUCATIOir   OF  AN  OBATOB.  18S 

iLqiury  seems  to  be  about  things  and  pereons.  6.  The  indefi- 
nite is  always  the  more  comprehensive ;  for  from  it  ooires  tito 
definite.  To  make  this  plainer  bj  an  example,  the  queation 
"  whether  a  man  should  many"*  is  indefinite;  the  question 
"  whether  Csto  should  many"  is  definite,  and  ma;  acoordinglj 
become  the  sutgect  of  a  suasoiy  speech.  But  even  those 
which  have  no  allusion  to  particular  persons  are  generaUj 
referred  to  somethiog ;  for  "  ought  we  to  take  a  share  in  di« 
government  of  our  countiy?"  is  an  abstract  question,  but 
"  ought  we  to  take  a  share  in  tiie  government  of  it  under  a 
tyranny?"  has  reference  to  something  definite.  0.  Yet  here 
^so  there  lies  concealed,  as  it  were,  a  person ;  for  the  word 
fyrannw  doubles  the  question,  and  there  is  a  tacit  considera- 
tion of  time  and  quality;  yet  you  cannot  properly  call  the 
queatbn  a  etiute. 

Those  questions  which  I  coll  indefinite  are  also  called 
general;  and,  if  this  be  a  proper  term,  definite  qoestJons  will  \ 
also  be  special.  But  in  every  special  question  is  included  the 
general,  as  beii^  antecedent.  10.  In  judicial  causes,  too,  I 
know  not  whether  whatever  comes  under  the  question  of 
quality  is  not  general :  Milo  kiUed  Clodius :  He  mat  in  iht 
right  to  nil  a  lier-in-wait:  does  not  this  question  arise,  . 
Whether  it  be  right  to  kill  a  lier-in-teait  f  In  emgeetural 
matteiB,  also,  are  not  these  questions  general,f  uae  hatred, 
or  eovelotuneee,  the  cause  of  the  crime  ?  Ought  ae  to  truit  to 
evidence  extracted  by  torture  I  Ovght  greater  credit  to  be 
given  to  mtnessa  or  to  argunentel  As  to  definiliom,  it  is 
certain  that  everything  comprehended  in  them  is  expressed 
generally.  . 

11.  Some  think  that  those  questions  which  are  Umited  to 
particular  persons  and  causes  may  sometimes  be  c^led  theeei, 
if  only  put  in  a  different  way ;  so  that,  when  Orettet  it  ae 
cttsed,  it  is  a  cause,  but  when  it  is  inquired  uhether  Orettee 
teat  juetly  acfuitted,  it  is  a  thesis ;  <^  which  sort  also  is  tltf 
question  whether  Cato  teat  right  t»  giving  Mareia  to  Horten 
tiutf     These  writers  distinguish  a  them  from  a  eamee  by 

•  n.  4,  34,  2B. 

t  The  pnnciiMl  qoeitioa  and  ilalttt  in  oanjtctartl  cauHB,  or  tlioM 
•onoeraiDg  Duitten  of  ttct,  can  tcanxtj  oontun  uifttung  gensnl,  but 
tike  partknilu'  argiuiientii,  which  are  brooght  to  aupporb  it,  are  aommonlj 

treat«dC(TucAt,ukelA<M^orgeDenJ  qugetioni.     TurniinM. 

D,j„..;^L,Coo^|i: 


186  qunmvus  |B.m. 

aaying  that  a  theua  baa  tespeet  to  what  i>  tkeoretieat,  ft  cause 
^to  wlwt  is  cjtuaUff  done/  aiooe,  in  i«gaid  to  «  Uueu  we  dis- 
pot*  cnly  with  a  view  to  abstract  truth,  in  s  cause  we  conaider 
■ome  paitioDlar  act. 

18.  Some,  however,  think  that  the  ooDnderation  of  general 
qneoliotis  is  uscQeea  to  an  orator,  as  it  is  of  no  profit  for  it  to 
be  pvred,  tbej  sajr,  that  ue  ought  lo  marry,  or  that  ae  thoM 
take  part  n  lite  government  of  the  atiUe,  if  we  are  hindered 
firom  doing  ao.hj  age  or  ill-health  But  we  cannot  nialce  the 
same  objecliiHi  to  all  questions  of  the  kind ;  as,  for  example, 
to  diese :  whelhtr  virtue  ii  the  ehUf  good,  and  vhelhtr  Iht 
vorld  it  governed  by  divine  frovidenee.  18.  Moreover,  in 
inquiries  that  relate  to  an  individual,  though  it  is  not  enough 
to  conaider  the  general  question,  yet  we  cannot  arrive  at  the 
deoisiou  of  the  particular  point  without  diacnasing  the  general 
question  GisL  For  how  will  Cato  consider  whether  he  hivuelf 
tmght  lo  marrs,  nnless  it  be  tint  settled  whether  men  ought  lo 
marrjf  at  attf  Or  how  will  it  be  inquired  lehether  Cato  ought 
'  lo  surry  Mania,  if  it  be  not  previouslj  decided  thether  Cato 
ought  to  take  a  viife  t  li.  7et  there  are  books  in  circulation 
under  the  name  of  Hermagoras,  which  support  the  opinion 
that  I  am  igtposing ;  whether  it  be  that  the  title  is  fictitious, 
or  whether  it  were  another  Hermagoras  that  wrote  them ;  for 
how  can  the;  be  tlte  productions  of  the  same  Hermagoras  who 
wrote  so  much  and  so  admirably  on  this  an,  wheu,  as  is 
evident,  even  from  Cicero's  first  book  on  rhetoric,*  he  divided 
the  subject-matter  of  oratory  into  thetet  and  eantet  1  a  division 
which  Cicero  himself  condemns,  contending  that  the  thetii  is 
no  concern  of  the  orator's,  and  referring  tliis  kind  of  question 
wholly  to  the  philosophera.  15  Bnt  Cicero  has  relieved  me 
from  all  shame  at  differing  with  him,  as  he  not  only  censureaf 
those  books  himself,  but  also,  in  his  Oralor.i  in  the  books 
whidi  he  wrote  D»  Oratore,^  and  in  his  T'opieo,!!  directs  us 
^  abstract  the  disoussion  from  particular  persons  and  oc- 
casions, becante  we  can  epeat  more  fiUtg  on  vhat  m  getterai 
than  what  it  tpeeial,  and  becaiue  whatever  it  proved  uni- 

■  De  laTfot.  L  6.    Comimre  Quint  iL  21,  21. 
+  3s«  Quint  il  U,  S. 


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CH.  v.]  EDUCATION   OP  AN  OKATOB.  187 

versaU;/  nusi  abo  be  proved  particularly.  16.  Ab  to  tbe 
tiale  of  the  question,  it  is  tbe  aame  with  regard  tn'sTei;  kiad 
of  thesis  as  with  regard  to  causes.  To  this  is  added  that  there 
(tre  some  qnestious  that  coDceni  matters  absolutely,  and  others 
that  refer  to  aomething  particular;  of  the  fonner  kind  is 
whether  a  man  ought  le  marry ;  of  the  latter,  vihtlhvr  an  old 
man  ought  to  marry  ;  of  the  former  kind,  is  whether  a  man  he 
brave ;  of  tbe  latter,  whether  he  be  braver  than  another  naa. 

17,  Apollodonia,  to  adopt  the  transUtion  of  his  disciple 
Valgius,'  defiDea  a  eatue  thus :  The  cMuie  i*  the  ttMter  hmving 
regard  in  all  iU  parts  to  the  question;  or,  the  eoHte  it  the 
matter  of  which  the  qiieHion  it  the  object.  He  then  gives  this 
definition  of  tbe  matter :  The  matter  it  the  cotabinatiom  ofper- 
soni,  placei,  linei,  iHolivet,  means,  tncidemtt,  acts,  inttmmenlt, 
sayings,  things  written  and  not  aritten.  18.  For  mj  part,  I 
here  understand  by  tbe  cause  what  the  Greeks  call  'vwihai(,  by 
the  matter  what  they  term  nuaraai(.  But  some  writers  hare 
defined  the  eauee  itself  in  the  aame  way  as  ApoUodorus  de- 
flnes  the  matter.  Isouratee  says  that  a  cause  is  a  definite 
ifuestion  relating  to  civil  affairs,  or  a  disputed  point  between  a 
dffinite  number  <^ persons.  Cieerof  speaks  of  it  in  these  words : 
A  cause  is  delermined  by  reference  to  certain  perms,  places, 
times,  actions,  mmJ  events,  depending  for  decision  either  tn  att 
tr  the  majority  of  them. 


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[am, 


CHAPTER  VI. 


Of  tha  ilaitu  or  tMt  of  a  causa,  S  1 — t.  Wlial  it  i^  6—12.  EVom 
whom  the  ttaie  prooeedi,  the  oomiMr  or  defendaat^  IB — 21.  How 
many  tlata  there  are ;  the  tea  catagorira  of  Arutotle,  £2 — 21. 
Ottiera  make  nine,  otben  aaven,  26 — 28.  Ab  to  the  amnbsr  o: 
Maia,  Bome  make  one  only,  29,  SO.  Others  two,  m  Arohidemui^ 
PamphiluB,  Apollodorna,  TheodoruB,  Poeidonia*,  Corneliiu  Celroa, 
8l-~3S.  Aoother  mode  of  making  two  Mala,  40 — 48.  Host 
■utbon  make  three,  at  Cicero,  f^troclea.  Harem  Antoniua, 
Titginiiu,  11 — Ifl,    AthenEBua,  Cnciliiu,  and  Theon  make  four. 


4S— 48.  The  qnadripartite  methods  of  Aristotle  and  Cicero,  4B, 
CO.  Some  have  made  fire,  ^  UTen,  eight  liala,  Gl — M.  Di«- 
tjnotioii   of  ilatut  ralionaUi,  qwEtlianet  legija,    SE — 67.      Cicero 


apaaks  of  a  Halut  negotialii,  68,  SO.  Heniugona  fint  introduced 
cxaplim,  60.  Lmu  questiona ;  Albutjns,  61,  62.  QnintUian 
defwrta  in  aome  d^;ne  tr<3ax  the  maUiod  which  he  formerly 
adopted,  69 — 67.  Eia  opinion  of  cxoepCibn,-  remailu  upoa  it, 
S3— TB.  In  STery  csuae  tture  are  three  pointi  to  be  aacertained, 
80—82.  A  fourfold  division,  usend  to  learners,  83—86.  These 
four  points  included  under  two  genera,  tha  rtUioimit  and  the 
it^ole,  36,  S7.  Rflsemblancee  in  the  gmut  itgaie  spring  from  the 
three  poiaia  abore-inentioned,  88 — 90.  In  erety  simple  c&uae 
there  is  but  one  Uaie,  91-93.  In  complex  caoses  there  are 
■anral  $tak^  either  of  the  atme  or  of  difierent  kinds ;  examidc^ 
»4— 104. 

1.  Since  every  cause,  therefore,  is  •ompreheDded  in  some 
itote.*  I  think  t^t  before  I  proceed  to  specify  how  the  several 
kinds  of  causes  are  to  be  managed,  1  must  consider  that  ques- 
tion which  has  reference  to  all  of  them  alike,  what  it  a  Hate  ? 
as  well  as  whence  it  is  draam.f  and  hoa  many  and  ahal  kinda 
of  itatei  there  are  ?  Some  have  been  of  opinion,  however,  that 
all  these  questions  concern  only  judicial  matters ;  but,  when  I 

*  I  waa  vely  mach  in  donbt^  for  some  tdme,  what  Bngiish  word  I 
ahould  adopt  for  ttatut,  or  vriiinc,  but  being  able  to  Dud  no  Ttngll^h 
word  exactly  equivalent  to  it^  I  thought  it  beat^  on  the  wholes  to  take 
the  derivBitiTe  from  il^  itate,  which,  whenever  it  is  used  for  Matia  In 
this  chaptM*,  I  ahall  print  in  italio.  The  exact  meaning  of  it  the 
learner  will  parhsps  best  understand  from  sect.  6,  where  it  is  said  to 
be,  not  die  question  itself,  but  the  getMU  qwntionti,  or  "  nature  of  the 
qneitiim."  See  also  sedaoos  9,  and  TS— T6.  The  "ttafti*,"  ssya 
Tumabns,  "  ia  that  in  quB  >lft  nttalvrqut  amta  qnati  cardme  aUqwtr 
1^  UlngWA  words  "  ground"  or  "  positian"  wonid  express  it  in  many 
oases,  but  not  aatjsfactorily  in  all.  Qedoya  was  obliged  to  take  the 
IVeniA  word  tUiX. 

t  Whether  from  tha  accuser  or  defendant.    See  sect  IS— 31 


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I 


ch-tlI  education  of  an  obatob.  189 

have  treftted  of  all  the  three  kinds  of  omtoiy,  the  result  will 
make  their  ignorance  apparent  3.  What  I  call  the  »tale, 
Bome  t«nn  the  lettletnent  ;*  otbera  the  qtienions  Others  that 
which  appeart  from  the  quettion  ;  and  Theodoras  styles  it  the 
foural  head,  xt^'koMif  ■yuxiuTam,  to  which  ererTthing  else 
18  referred.  But  though  the  names  are  different,  the  meaning 
IS  the  same ;  nor  is  it  of  any  consequence  to  leaxners  by  what 
term  anything  is  distinguished,  so  that  the  thing  itself  be 
clear.  8.  The  Greeks  call  the  state  arivtf.  a  name  which 
they  think  was  not  first  (pven  it  by  Hermagoras,  but,  as  some 
suppose,  by  Naucnitds,t  a  disciple  of  Isocrates,  or,  as  others 
imagine,  by  Zopynis  %  of  Clazomenie ;  though  even  .^schioeB 
appears  to  use  the  term  in  his  oration  against  Cteeiphong 
mien  he  intreats  the  judges  not  to  allow  Demosthenes  to 
trander  from  the  sulgect,  but  to  oblige  him  to  speak  directly 
to  the  itate  of  the  eate.  4.  The  name  is  said  to  be  derived 
either  from  the  foot  that  in  it  lies  the  commencement  of  ooa- 
troveray  in  the  cause,  or  that  the  cause  rests  on  it. 

Such  is  the  origin  of  its  name ;  let  us  now  consider  what  U 
is.  Some  have  defined  the  ttale  to  be  the  ^firtt  eonfiUst  oj 
questioiu,  who,  I  think,  have  conceived  rightly,  biit  have  not 
expressed  themselves  with  sufBcient  judgment.  6.  For  the 
state  is  not  the. first  conflict ;  You  have  done,  I  hate  not  done, 
but  that  which  results  firom  the  first  couBiot,  tliat  is,  tlie 
nature  of  the  question,  gou  have  done;  I  have  not  done; 
hat  he  donel  You  have  done  this;  I  have  not  done  thit; 
what  hat  he  done  1  But  as  it  appears  fivm  these  examples. 
that  the  first  sort  of  questiou  depends  on  conjecture,  the 
other  on  definition,  and  as  it  is  on  these  points  that  each 
side  will  iDsist,  the  question  will  be  one  either  of  a  coigeetural 
or  of  dejinitipe  ttate.  0.  Supposing  a  person  should  say,  sound 
is  the  condMsiDs  of  two  bodies,  ho  would  be  in  the  wrong.  I 

*  Otn«fto>fiOTia».]  ThJB  term  Ib  used  by  Cicero  de  Inv.  L  8 ;  Script, 
ad  Herenn,  L  11.  Who  oaed  tha  oUier  tamu,  I  have  not  dia<»)Tersil. 
Sp(ddi»g. 

+  See  Dionys.  Halioam.  in  Arte,  80,  voL  ii.  Cicero  At,  Oak.  ii.  23 ; 
iii  il ;  Ont.  o,  61.  ''  His  fHineral  oratioiu,  eapecially  Hioae  on  Man- 
■oIuH,  king  of  Cario,  ore  moDtioned  by  Bome  writers.'  ^aJdin^.  Set 
Suidu  V.  iBocrateB  and  Theodeotee,  and  A.  QeUiuB,  z.  SB. 

iDiog.  Lsert  ix.  111. 
Ed.  Stoptu  p.  S3  ;  where,  howem,  rdlit  '"  iniw  found  instead  of 


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190  QUnmUAM.  [RDL 

tliiak ;  for  the  sound  is  liot  the  ooncuaaion,  but  the  result  of 
th6  concuasion.  This  is  a  mistake,  howefer,  of  but  trifling 
consequence;  for  the  meaning  is  underetood  in  whatever  way 
it  be  expressed ;  but  in  regard  to  oratory,  an  enor  of  TOSt  im- 
portsnce  has  arisen  amoi^  students  who  have  imperfecUj 
tmdeislood  their  authors,  and  who,  as  thejr  read  the  words 
firit  tmtfiiet,  thought  tiuct  the  state  was  always  to  be  taken 
from  the  first  question ;  a  supposition  which  is  altogether  un* 
founded.  7.  For  there  is  no  question  that  has  not  its  jtetr ; 
since  there  is  none  diat  is  not  founded  on  assertion  and  de- 
nial ;  but  some  qnescions  form  an  integral  part  of  causes,  and 
on  diese  a  decision  must  be  prononnced;  while  others  are 
intiodnoed  fivm  uitAonf,  contHbuting  something,  bowerer, 
like  auxilioiies,  to  the  general  strength  of  the  cause  ;  and  it 
then  happens  iJiat  there  are  said  to  be  sereral  qaestions  in  the 
eame  suit.  8.  Of  these  the  least  important  often  occupies 
the  first  plaoe ;  for  it  is  a  oommon  artifice  amoi^  us  to  al^ui- 
don  those  points  in  which  we  hare  lesst  trust,  after  thej  have 
been  dwelt  upon,  sometimes  couoediug  them  as  it  were,  of  our 
own  accord,  to  the  opposite  side,  and  sometimes  contenting 
ourselves  with  making  an  ascent  from  tbem  to  stronger 
grounds  of  ailment 

9.  A  simple  csuse,  though  it  may  be  defended  in  various 
ways,  cannot  contain  more  than  one  point  on  which  a  decision 
is  to  be  pronounced ;  and  hence  the  ttate  of  the  caute  will  be 
that  which  the  pleader  r^ards  as  the  chief  object  to  be  gained, 
and  the  judge  as  the  chi«d  object  of  attention ;  for  it  is  on  this 
that  the  cause  will  take  itt  ttand.  10.  But  of  questions  there 
may  be  difTerent  tlatet;*  since,  to  make  this  plain  by  a  vei; 
Bhort  example,  when  the  accused  says,  Even  if  1  did  it,  I  was 
right  in  doing  H,  he  makes  the  ttate  that  of  quality  ;  but  when 
he  adds,  but  I  did  not  do  it,  he  makes  it  that  of  conjecttue. 
But  the  defence,  1  have  not  done  it,  is  always  the  stronger ; 
and  therefore  I  shoU  consider  the  itdte  as  lying  in  that  ail- 
ment which  I  should  use  if  I  were  not  allowed  to  use  more 
Aanone.  1 1.  We  therefore  rightlysay  the  first  conflict  of  catuea, 
iK>t  of  queMHoM.  Cicero,  in  pleading  for  Habirius  Postumus, 
makes  it  his  olject,  in  the  first  part  of  his  speech,  to  show 
that  the  chai^  could  not  be  broi^ht  agonist  a  Roman  knight  ;t 

■  Cosap.  Mot.  91. 

f  nte  nnt  jwrt  ostoida  to  tbe  «nd  of  o.  7.     UiceK>  muntaiat  Uiftt 


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CH.n.1  EDDCATIOM  or  AN  ORATOB.  191 

and,  in  tke  lfltt«T  part,  lie  asserts  that  no  money  came  into  his 
client's  hands ;  but  I  should  ssy  that  the  itale  lies  in  that 
tdiich  is  the  stronger  point.  13.  Nor,  in  his  speech  for  Milo, 
should  I  consider  that  the  straggle  in  the  cause*  commences 
vith  those  early  questions  which  are  introduced  immediately 
after  the  exordium.t  but  where  he  proceeds  to  prove,  with  his 
whole  strength,  that  Clodius  was  a  lier-in-wait,  and  was  there-  i 
fore  justly  put  to  death.  And  that  which  an  orator  oo^ht  to 
settle  in  his  mind  before  everything  else,  even  though  1^  pur- 

Gse  to  offer  many  atguments  in  support  of  his  cause,  is  what 
would  wish  to  be  most  i^parent  to  the  judge.  But  though 
this  is  the  first  thii^  to  be  considered,  it  does  not  follow  that 
it  will  be  the  first  to  be  stated. 

18.  Others  have  thought  that  the  $tate  is  the  fitst  point  of 
opposition  offered  by  the  par^  against  whom  you  sre  pleading ; 
an  opinion  which  Cicero}  expressed  in  the  following  words: 
On  tehieh  the  defence  first  laiei  its  ttand,  at  if  ready  to  grapple 
with  the  opponent  to  overthrow  Him.  Hence,  again,  rises 
another  question,  whether  he  who  replies  always  determines 
the  (tote.  To  this  notion  Cornelius  Celsus  is  eminently 
opposed,  saying  the  state  does  not  arise  from  Aim  uho  denies, 
biufrvm  him  vho  supports  his  ow*  assertion;  as,  for  mstoiice, 
if  an  accused  person  denies  that  a  man  has  been  killed,  the 
state  would  come  from  the  accuser,  because  he  would  proceed 
to  prove  what  he  had  affirmed ;  if  the  accused  should  say  that 
the  man  was  lawiully  killed,  the  state  would  come  from  him, 
and  the  affirmation  be  on  his  side,  the  burden  of  proof  being 
transferred  from  one  parly  to  the  other,  14.  With  that  writer 
I  do  not  agree ;  for  what  b  said  in  contradiction  to  him  is 
nearer  the  truth,  that  there  is  no  point  of  dispute  if  the  party 
vntb  whom  yon  are  going  to  law  makes  no  reply,  and  that 
accordingly  die  slate  proceeds  from  the  respondent.  IC.  In 
my  own  opinion,  however,  the  cose  h^pens  sometimes  one 
way  and  sometimes  another,  varying  according  to  the  nature 
of  the  cause ;  because  the  affirmation  may  be  thought  some- 

by  the  Julian  law  dt  npelWuUi  an  kcstdon  oould  Dot  be  brought  ({[aliut 

■  Roman  knight  who  hid  held  no  office.    Spaldiag. 
*  Cor^ixiut  nHUora.}  Franciui  would  read  emutitiwa 
+  All  the  macuMripts  have  amte  proamimm,  whidi  Bpalditig  t«t«]M 

fn  Lis  t«it,  bttt  rightly  coDdeinDB  aa  absurd  in  hia  notai.    Cappwdniw 

mdmuiy  othen  read  pot' pnnmuuM  vith  Aldtu, 
X  Topir  c.  26  iait. 


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103  QtriNTIUAft  |B.ni. 

times  to  deMnnine  ttie  tttue,  as  in  coqjectunl  causes ;  for  it  Is       , 
lather  the  pluntifT  that  uses  conjecture ;  (some,  moTed  bj  this        1 
consideration,   have    said    that   the    itatt    proceeding   from        i 
the   defendant   is  a  negaiiw  Mlate;)   and   in  a  sjllogism*        ' 
the  vrhola  of  the  reaBomng  proceeds  &om  him  wh)  affirms.        I 
10.  But  because  he  who  denies  appeals  in  those  caaesf  also        ' 
to  lay  upon  the  opposite  party  the  necessity  of  determining  the 
ttaU,  (for  if  he  sajs,  /  have  net  done  the  deed,  he  will 
oblige  his  opponent  to  use  coi^ecture,  and  if  he  says  My        i 
opponent  hmi  not  the  law  o»  hii  eide,  he  will  compel  him  to         ' 
luTO  recourse  to  the  syllogism,)  let  us  grant  that  the  etate 
proceeds  from  the  defen^int     Nevertheless,   however,   the 
matter  will  come  to  the   same   thing,  that  sometimes  the    - 
pliunttff  will  determine  the  ttate,  and  sometimes  the  defendant.  ' 

17.  For  let  this  be  the  assertion  of  the  accuser.  Few  have 
kilkd  a  man ,  if  the  accused  deny  the  cbaige,  it  is  the  accused 
that  will  determine  the  ttate  ;  but  if  he  admits  the  truth  of  it, 
but  says  Qiat  the  man  mat  an  adulterer,  and  aa*  lawJvUji 
killed,  (and  it  is  certain  that  there  is  a  law  which  gives  per- 
mission to  kill  an  adulterer,)  then,  unless  the  accuser  makes 
some  reply,  there  will  be  no  case.     But  if  the  accuser  r^oins. 
He  teat  not  an  oAUterer,  reAitation  then  commences  on  the    , 
part  of  the  accuser,  and  it  is  ha  that  will  determine  the  itate;  -^ 
which  will  thus  indeed  have  its  origin  in  the  first  denial,  but    ' 
that  denial  will  be  made  by  the  accuser,  not  by  the  accused. 

18.  It  may  happen,  too,  that  the  same  question  ma;  make  the 
same  person  eiuier  aeeneer  or  aeeuted;  fbr  instance,  the  law 
says,  "  Let  not  him  who  has  exercised  the  profession  of  aa 
actor  sit  in  the  first  fourteen  rows  of  seats  ;"  but  a  man  who 
hod  appeared  as  an  actor  before  the  prsstor  in  his  garden,  but 
bad  not  exhibited  himself  on  the  public  stage,  seated  himself 

*  A.  ByUogiflm  is  &  etatui  l^aHi,  in  whioh  we  bring  midir  the  nteMiiiig 
of  the  written  law  ■omething  whioh  is  not  aetiully  inchided  in  the 
eipnssad  Utter  of  the  law.  It  i«  so  called  because  a  nllogixin  is  used, 
in  whioh  tha  law  is  giveo  in  tlie  major  propoaition,  and  the  minor  the 
act  to  be  brought  under  the  aigniflcatiDn  of  l^e  law.  Tnm^ma. 
Qnintiliaii  fumiihea  an  example  in  b.  TiL  o.  9  :  if  a  man  had  killed  hia 
mother,  his  aoouer  might  use  the  (jUogiim  againat  him  in  tluji  way  : 
'"The  law  aaya,  that  he  who  kills  hi.'  bUier  is  to  Iw  unra  up  in  a  saok, 
&e. ;  you  have  been  guiltf  of  aa  equnll;  great  crime  by  killing  your 
motiier;  thetefore,  Ac."  CopjwnmiiT.  See  Hermogenea,  ripi  aramw, 
p.  16  ;  Cicero  de  Ini.  i.  13;  ii.  SO  ;  Script,  ad  Hereun.  L  13,    Spidding, 

■f  lUie,}  In  oonjecturalibus  cansls  at  in  ajllogisma     Spalding. 


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CH.  TiJ  BDDCATIOIT  OF  AIT  ORATOR.  103 

on  one  of  those  fourUen  rows  ;*  19.  the  charge  then  brought 
against  him  is,  Tim  have  exercited  the  jtrofeuion  of  an  aelor, 
the  deoisl  ia,  /  have  not  exercised  it,  and  me  qaeetinn,  What 
itii  to  exereite  ike  profetiitm  of  an  actor  f  If  he  be  accused 
under  the  law  respecting  the  diestre,  the  denial  will  proceed 
feotn  the  accused ;  but  if  he  be  expelled  from  the  theatre,  and 
demand  reparatiou  for  unjust  ezpuleion,  the  denial  will  be  on  the 
part  of  the  accuser.  20.  But  that  which  ia  kid  down  b;  the 
m^ority  of  wiitersf  will  certainly  he  of  more  frequent  occur- 

Those  hare  escaped  these  difGcultios  who  have  sud  that  the 
state  is  that  which  results  from  the  afBrmation  and  the  denial ; 
as,  You  have  doae  the  deed,  I  have  not  done  it,  or  /  teas  right 
in  doing  it.  31.  Let  ue  consider,  however,  whether  that  is  the 
tiate,  or  whe&er  it  is  in  that  that  the  state  hes.  Hermagoras 
calls  that  the  state  from  which  the  matter  in  question  is 
understood,  and  to  which  also  the  proofs  of  each  party  are 
directed  as  their  olject.  My  own  opinion  has  always  been,  as  > 
there  are  frequently  different  states  of  questions  in  a  cause,  to  ' 
regard  that  as  the  state  of  the  cause  which  is  the  strongest 
point  in  it,  and  on  which  the  whole  matter  chiefly  turns.  If 
any  one  profess  to  call  this  the  general  question,  or  the  general 
head,  I  shall  not  dispute  with  him  on  that  point,  (any  more 
than  if  he  should  invent  yet  another  name  l^  which  the  same 
thing  might  be  signified,  although  I  know  that  many  rhe- 
toricians have  devoted  whole  volumes  to  this  discussion,)  but 
I  am  satisfied  to  let  it  he  celled  the  state.  2S,  As  there  is  the 
greatest  diasension  among  writers,  however,  on  all  other 
matters,  so,  in  regard  to  this,  there  appeal^  to  me  to  have 
lieen  extraordinary  eagerness  to  advance  different  opinions; 
insomuch  that  it  is  neither  agreed  what  number  of  states  there 
are,  nor  what  are  their  names,  nor  which  of  them  are  general 
and  which  special. 

33.  Aristotle,  first  of  all,  specifies  ten  elements,}  to  which 

*  Which  were  aaaigned  to  the  knighla  bj  Um  Uw  of  Ltidni  Otha 
Boflciua.  Sie  plaatit  tano,  qui  noi  ditiUixit,  OiKoni.  Spalding  obwrves 
that  it  would  appear  fh>m  Cicero,  niilipp.  ii  18,  that  infamtt  w«ra 
axclndad  tram  tboae  fourtean  rows ;  and  aoton  wer«  infants. 

i-  Namely,  that  the  reBpondent  mabes  the  ilaiiu.    Compare  sect.  18. 


X  The  ten 
IWontAy, 


I  ten  categorize  or  predicamenti  of  Angtotle  :  ivbtUOKe,  qadHly.^ 
rdation,  jiace,  tiiat,  doing,  tttfftring,  habtl,  poiilion.  < 

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ereiy  possible  qnestiati  appears  to  have  sotne  rsfsrence :  (ifia, 
vhich  FtavJTU  calls  etsealia,*  (nor  Indeed  is  than  an;  other 
Latin  word  for  it.)  and  to  which  belongs  the  question  "whether 
K  thing  is ;"  quality,  of  which  the  sigmflcation  is  plain  enongb ;  ' 
qvantUy,i>t  which  a  twofold  distinction  has  been  made  by  later 
writers,  in  reference  to  the  questions  "how  great?"  and  "how 
many?"t  relation  to  tomething,  whence  sre  drawn  considera- 
tiona  concerning  "  exception "(  and  "  oomparison  ;"§  JU. 
next  come  vhere  and  ahen;  then  doing,  iwfering,  eimditiok,  | 
which  has  regard  to  a  person's  "  being  armed"  or  "clothed;"  I 
and  last  of  all  xiMai,  porition,  which  is  a  cotnpreheiiBi*e  sort  \ 
of  category,  having  reference  to  "  sitting,"  "  standing," 
"lying."  But  of  all  these,  the  first  fbnr  only  appear  to 
concern  the  »tate»  of  causes ;  the  rest  seem  to  concern  only 
topics  for  argumenL  S9.  Others||  have  Specified  nine 
elements :  penou,  in  respect  t4)  which  inquiry  is  nnde  con- 
cerning the  mind,  the  bod;,  and  external  circnmitances ;  an 
element  which,  I  see,  refers  to  the  means  of  establishing 
eanjeeturt  and  guatilii;  time,  which  the  Greeks  call  j^i'tt,  in 
r^ard  to  which  arises,  for  example,  the  qneMion  "  whether  ha 
whom  his  mother  brought  forth  when  she  was  given  np  to  her 
creditors  was  bom  a  slate  ?"f  place,  in  connection  wilii  which 

•  3m  a.  14,8. 

t  Qadw  tnajptmm  4  gaidn  Mvllwm.]  Tbe  flret  denoUng  maffmiude,  of 
which  the  parte  an  connected ;  tbe  second  MMfltMd^  of  whioh  ths 
puta  are  unconnected.     TttmAtu. 

X  Ihnulatia.}  Am  m  eqoiT*leiit  for  this  woi^  I  iuen  adopted 
"eze^pttoD,"  not  baowue  I  am  MitidM  wUb  1^  bat  baoanM  I  oaimot 
find  anylhuig  better.  The  Latinn,  bMidea  trmidati^  called  it  exemlio 
.  yitdum  dt^iMtona,  or  sometimes  praMrtptia  ;  the  Qreeks  fitraXipkiQ 
OT  'Kafayfafij.  OedoTn  bee  rendered  it  eomftt^iM,  Ute  ({aeotiDn  being  . 
whother  it  ia  etmptUnt  to  a  person  who  tifpmn  M  U  aonuer,  to  bring 
•n  aotion  agabnt  the  person  whom  he  aooiUH,  (w  In  the  aoousation 
■gMost  SabiriuB  Poituiaus  mentioned  in  leot.  ll,>artobriBg  it  at  that 
particular  timt^  or  in  that  partiiolai' manner.  See  1601.63, 8^  and  84 — 86. 

§  CODiparBiJa.]  AMMjxinifto  among  rtietoriciaiii  ia  geoaMlly  a  apacdea 
of  ftalitat  ot  ilaliit  jtttididaUt,  in  Greek  inTiarans,  when  uie  aoouaed    | 
penoQ  ooofeaaei  that  1m  has  bean  gaUty  of  a  erimi^  bot  attMapta  to    , 
ihow  that  the  ill  which  he  did  was  the  cause  of  aome  gt«ater  good ;    I 
Comp.  Tii  4, 12  -  Cicro  de  laTent.  i.  11 :  U.  24.    ^k^^- 

I  Who  tiiiBy  an,  I  have  not  diMsoTered.    AnUdiitg.    Tbla  appeara  to    I 
have  been  tlie  opinion  of  Theodoms,  who  caus  etrmnMaMM  elameDts, 
aa  we  learn  firam  FortonatiaauB.     TWnefttu. 

%  Dum  addieta  at  HKiCer.]  This  qneation  is  settled  by  diattnction ; 
for  addieti  ue  not  properly  leni,  but  were  said  eue  »>  tcrnlate,  or  pro 
See  TiL  8,  98—28.-  ▼.  10,  SO.    Atrmoma. 


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CB.TI.]  EDUCATION  OF  AN  OBATOB.  1S6 

arises  such  a  queBtton  as  "  wheUter  it  waa  Uwfiil  to  kill  a 
tyrant  in  a  temple,"  or  "  whether  he  vho  lay  bid  ia  his  own 
house  anderwdnt  his  temi  of  exile  ;"*  38.  time  in  another  seum, 
which  the  Greeks  call  itiwji;.  and  wMch  they  would  haTo  to 
mean  a  portion  of  tilne  in  A  inote  general  seme,  as  %ummer, 
or  winter ;  vn&it  this  &lls  the  question  about  "  the  reveller 
during  a  pestdlence  ;"t  a«(,  or  *fi^i(,  to  which  they  refer  the 
question  "  whether  a  inan  did  a  tlung  knowingly  or  unknow- 
ingly ;  &om  compulsion  or  hy  chance  {"  number,  which  may  be 
regarded  as  a  species  of  quantity,  as  "  whether  thir^  rewards 
were  due  to  Thrasybulus  for  having  cut  off  tiiir^  tyrants ;" 
27.  eante,  from  which  proceed  many  trials,  as  whenever  a  deed 
is  not  denied,  hut  defended,  as  having  been  done  with  justice ; 
TfArsci  or  iHanner,  when  what  the  taw  allowed  to  be  done  in  one 
way  is  said  to  have  been  done  in  another ;  hence  arises  the 
question  about  "  the  adult«rer  scourged  or  starved  to  death  ;"| 
and  opp^nunity  for  action,  which  is  too  well  understood  to 
need  any  eiplanatdon  or  example ;  the  Greek  term  however  ia 
iftputl  igyctt.  38.  These  writers,  like  Aristotle,  think  that 
no  case  can  occur  that  does  not  connect  itsetf  witJi  some  of 
tliese  elemenlt.  Some  take  away  two  of  them,  ntnaAer  and 
opforttmity ;  and  for  what  I  called  act  substitute  thingi,  ihat 
is,  *iajfutm.  These  doctzines  I  have  thou^t  it  sufficient 
just  to  notice,  that  I  might  not  be  supposed  to  have  purposely 
omitted  them.  But  I  neither  consider  that  ttatet  of  causes 
are  propoiy  determined  by  these  categories,  nor  that  all  topics 
for  arguments  ^re  included  in  them ;  and  this  will  be  apparent 
to  those  who  read  with  attention  what  Z  am  going  to  say  on 
each  of  these  heads ;  for  there  will  be  found  to  be  many  par> 
ticnlars  that  are  not  comprehended  under  these  etementt 
99.  I  have  read  in  many  authors  that  some  rhetoricians  are 
*  The  qneition  bung  whether  hi*  home  oonld  be  called  a  pUut  at 

f  Qninfflifto,  Tnr  Miidiig  OU  eommiaaior,  iiitim>te>  tb&t  tiie  lol^ect 
wu  well  known,  but  I  luTe  found  no  aUuilaii  to  it  in  U17  otiker  wiitor 
on  rfaetorio.    Scalding. 

i  The  ^oeition  is,  whether  the  mod*  of  pnniBlmieiit  whs  lawfuL 
fhat  to  bll  an  Bdolterer  wu  pem^ted  b;  utw  ia  (greed.  Qemer 
dtes  Bjmkenilioel^B  ObMirat  Jur.  Rom.  v.  S,  p.  142,  ed.  Oenev.  ITAI, 
who  nyi  th»t  it  was  kvrfiU  to  icouive  an  adulterer,  (refbrrlng  to  Tal. 
Max.  tL  1,  IS,}  but  not  to  Marre  hiiu  to  death,  whlcli  wai  not  aa 
inSiotion  of  sndden  anger.    SpaUirtg. 

fi  Loeo*.']  So,  MgnmraitoTmn,  ai  in  0.  9i, 

O  3 

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196  QCIHTlLtAN.  [B.  UL 

of  Opinion  that  there  is  in  realit;  bnt  one  siaU,  namely,  the     ', 
conjeclMrali  but  who  the  rhetoricians  that  held  this  opinion      I 
were,  those  authora  hare  not  told  us,  nor  hare  I  been  able      | 
anywhere  to  discover.    They  are  said,  honever,  to  hare  fbnned 
their  nodons  on  this  gronnd,  that  our  knowledge  of  everything 
is  the  result  of  indications.*'     Bat  from  similar  Teasoning  they 
might  say  that  the  only  ttale  is  that  of  quality,  as  a  question     ' 
may  always  arise  about  the  qualil;  or  nature  of  anything  about     . 
which  we  speak,     30.  From  eilJier  mode  iLa  greatest  con- 
fuaiou  will  result;  nor  will  it  make  any  difference,  indeed,     j 
trhether  we  admit  one  kind  of  gfale  only,  or  none  at  all,  if  all     | 
causes  are  of  the  same  nature.     Conjecture  is  derived  from 
eonjieere,  "  to  throw  tc^ether,"  that  ia,  from  making  all  our 
reasonings  converge  towards  truth ;  whence  also  interpreters 
of  dreams  and  omens  are  called  eotijectoret,  "  coqjecbirers." 
But  this  sort  of  »tate  has  received  various  names,  as  will    ' 
appear  from  what  follows, 

31.  Some  have  made  two  kinds  of  slates.     Archidemus.t 
for  instance,  admitted  the  conjectural  and  the  definitive,  ex- 
cluding that  of  quality ;  because  he  thought  that  we  imagine 
about  quality  thus :  J  "What  is  ui^ust?  what  is  iniquitous? 
what  is  it  to  be  disobedient  ?"  questions  which  he  terms  de 
eodem  et  aiio,^  "about  identity  and  difference."     33.  With 
this  opinion  Iheiia  is  at  variance  who  would  make   indeed 
two  kinds  of  slate,  but  one  negaiite,  and  one  juridical  i  the 
negative  is  the  same  as  that  which  we  call  the  eonjeelural, 
to  which  some  have  given  the  term  negative  absolutely,  oUiers    , 
partiaJly,  because  they  considered  that  the  accuser  employs 
conjecture,  and  the  accused,  denial.     The  juridical  is  that 
which  in  Greek  is  called  diKaioXoymit,  "treating  of  right."   i 
38.  But  as  qualitt/  ia  set  aside  by  Archidemus,  so  by  these    I 
writers  is  rejected  definition,  whi:h  they  make  dependeat  on    I 

*  Signit-I  Se«  b.  v.  c.  3.  Bub  perh&p>  ligna  a  used  in  a.  rathar  I 
wider  leiue  here  than  there,  where  be  diatinguialiea  inr/itia  from  I 
rifiiiipui,    SpoMing. 

t  An  eminent  Stoic  Anrijin.  Ejact.  iii.  2.  He  ii  called  prijioeps 
diaUcticorvm  by  Cicaro,  Qiuest  Acad.  iv.  ST. 

t  He  thought  that  we  inquire  about  qiialitj  in  >uch  a  way  that  wa  | 
alvaya  have  at  leait  recourse  to  defiQition.     Spaldimg. 

%  II(pi  roir  aiiTOv  tai  Tou  i-ripou,  Aristotle.  Topic,  i.  5,  where  tha 
•uestion  ia  about  supporting  or  overthrowing  a  definition.  Capperrmie 
fiee  sect.  ST,  it;  vit.  3,  8 ;  Cic.  Topic  c  22 ;  Partit  Or.  c  19. 


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UH.  VI.J  EDUCAnON   OF  AN 

the  juridical  ttate,  and  think  that  we  must  imagine  "  whether 
it  is  ri^bt  that  what  is  chained  against  a  person  should  be 
called  sacrilege,"  for  example,  "  or  theft,  or  madness."  34. 
Of  this  opinion  was  Pamphilus,*  but  he  distJnguiBhed  quality 
into  several  kinds. 

Many  succeeding  writers,  altering  only  the  names,  hare 
divided  ttatet  of  causes  into  two  kinds  bj  saying  that  tbej  are 
either  about  aomethiag  thai  i»  doubtful,  or  lAout  iomething  that 
u  certain  ;  for  such  indeed  is  the  case ;  nor  can  it  be  other- 
wise than  either  certain  that  a  thing  has  been  done,  or  uneet 
tain;  if  it  is  uucertuu,  the  ifate  is  confeefwraf;  if  it  is  certain, 
there  U  room  for  other  kinib  of  ttatei.  35.  Indeed,  Apollodorua 
says  the  same  tiling,  when  he  observes  that  the  question  lies 
either  in  thingt  »xtemal,i  bv  which  coiyectore  is  settled,  or  in 
our  oan  opiniont;  calling  the  former  sort  of  questions  r^y- 
ftarniir,  "  practical,"  the  latter  tngl  Imiaf,  "  dependent  on 
indgment"  Those  also  say  the  same  who  make  the  two  kinds 
oi  state,  &/T(it.ittTo»  and  ^DXi^mx^.i^  dubious  and  presumptive, 
the   latter   meaning   what   is   evident.     30.  Theodorus, 


expresses  himself  similarly,  as  be  thinks  that  the  question  i. 
eiuier  as  to  whether  a  thing  hat  happened,  or  as  to  particular 
relating  to  what  is  admitled  to  have  happened,  that  is,  ^!^i 


oviiat  xai  m/tCiCiix^ut.  For  in  all  these  distinctiona  the  first  \ 
kind  of  ttote  belongs  to  conjecture,  the  second  to  other  matters. 
But  these  other  matters  Apoltodorus  makes  to  be  two,  quality  > 
and  de  nomine,  that  is  definition;  Theodorus  four,  exittence. 
qualiig,  quantity,  and  relation.  37.  There  are  some  also  who 
make  the  question  de  eodem  el  alio,  "  about  identity  and  differ- 
ence," belong  sometimes  to  quality  and  sometimes  to  definition. 

Fosidonius,  t«o,  ranges  states  of  causes  under  two  heads, 
words  and  things.     With  respect  to  a  word,  he  thinks  that  the 

■  Mentioned  by  ArUtotle,  Bbet  il  23.  Whether  he  is  the  lame  that 
iM  meationed  by  QuintUian  xii  10.  d,  by  Pliny  in  lerenl  pUces,  And 
by  Cicero,  da  Ont  iiL  21,  i^  Bays  S[«ldiiig,  very  uncertain. 

f  Ab  circunuitanoea,  iadicstLona,  mitdnga,  evidence.  Id  epeakiiig  of 
things  lying  in  opininiiB,  he  meuiB  that  it  reeta  with  the  judgea  in 
causae  to  determine  wheUier  any  parUculac  thing  ia  to  be  called  juat 
or  tmjiiH^  Jtc.     3WK<iti». 

^  The  first  meana  that  which  we  do  not  compre^eDd  by  any  vp^ij- 
ifiiC  or  conception  of  our  omi,  and  concerning  which  we  ars  therefore 
in  doubt^  until  it  ia  eatabllBbed  by  facts  or  proofs ;  the  latter,  that 
which  ia  aettled  ia  our  minda,  and  cousequently  appaara  ceitain  te  lu 


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199  QUINTILUN.  [Kilt 

qiiestiooa  are,  "Whether  it  has  anj  meaning?  wliat?  ho« 
many  meanings?  and  how  it  haa  euch  meaning?"  With 
respect  to  things,  he  notices  conjecture,  which  bs  calls  utr' 
aletrm,  "  sssumption  from  perception,"  qualitv,  d^mtion,  tar 
".M.A.    "rational  induction,"  ami  relof  ion.     Hence  aUo  <y""- 


the  diaiinccion  into  thhtgt  leritten  and  unwn'lfM.*  88.  Cor- 
Dclius  CelauB  himself,  too,  makes  two  general  ttaie* :  "  Whethar 
a  tiling  is,"  and  "  of  what  tiature  it  is."  Under  lite  fii^  be 
include  definition,  because  it  is  equally  a  question  vhelhtr  a 
man  who  denies  that  he  has  stolen  anything  from  a  tomple,  or 
who  owns  that  he  stole  from  it  the  money  of  a  private  indi- 
vidual, ii  giUlty  of  laoriiegcf  Qualitg  he  divides  into  fact 
and  what  u  vriUett;  to  trial  ia  uritlen  he  assigns  lour  legal 
questions,^  setting  aside  exception;^  qnantilg  and  iB(«slioti|| 
he  puts  under  coqjeotare.^ 

39.  There  is  also  another  method  of  division  into  two  >Met, 
which  tells  us  that  a  question  must  relate  either  l«  stAttanee 
or  to'  quality ;  and  that  quality  is  considered  either  in  tb 
moat  general  lente,  or  with  regard  to  porftciilar*.^  40.  To 
substance  belongs  comeetvre  ;  for  inquiry  may  be  made  cod- 
cemiug  any  thing  "  whether  it  has  been,  is,  or  will  be ;"  and 

*  QaeaHoiiB  u  to  tha  writteo  letter  of  the  law  an  quattlontt  Itgalet. 
Qnestioiui  aa  to  other  inatterB.  not  written,  tie  dedded  b;  eonjaXtm, 
ymUi'.y,  and  ixjtaitvm.    Tumebag. 

t  Beoaiue  there  ia  ft  daoutl,  obMrrei  TumsbuB,  in  both  oawn.  Id 
the  first  csw  the  ucuMd  dmiee  tlut  he  took  onyUuDg  at  >U  from  the 
the  temple  ;  in  the  second,  ha  dsniea  tbat  he  touk  uijtbhig  belonf^iu 
to  the  temple.  See  Beet.  11  and  19.  "Thie  is  an  eiample  maoh  used 
by  other  writers  on  rhetorio  aa  well  aa  QuintiliaD  ;  aa  by  Hermogenee, 
b;  the  writer  ad  Herenn.  L  13,  and  by  Ariatotl^"     ^mI^m^. 

X  CoDcerning  witting  and  tile  intention  of  the  writer;  ambiguity  ; 
contradiotorr  lawa  :  and  the  avllogiam.     Ciiaperotaer. 

%  See  sect  23. 

II  MeMit  M 


IT  That  Ii,  under  the  Aatait  eonjeetitrali*  or  guaitie  dt  fado.    Capp*- 

■*  Avi  in  tummo  gmen  eotuiiltre,  aiit  in  tueoalaitibn.]  QuaUUa  d< 
mmmo  gmere,  or  «y(«i(a,  ia  when  it  ia  inquirsd  what  ia  the  nature  and 
form  of  anything  in  generel ;  but  auch  quentionii  are  chiefly  ODnflnsd 
to  the  philoaopherB,  entering  very  nrelj  mto  legal  diaougaioiia,  thoogh 
aometimee  into  d^beratiTe  addreeaea.  Titrnefmt.  In  nmoedenlibuat 
ia  "  in  ntbnlMmia,  ut  aiunt,  ^tcUhf,  generi  mmmo  aubjeotia.''     Ci^p- 


D,j„.„_,Cpo^lc 


CIB.TL]  IDUCATfON   UF  AM  OKATOB.  IBU 

Mmetimes  concerning  the  inttntion  of  it ;  and  this  tnetfaod  is 
bntter  tlun  their's  wtm  have  named  the  conjectond  ttate  a  »UUt 
of  fyet,  BH  if  inquiry  could  be  mode  only  concerning  the  pott 
and  concerning  what  kaa  been  dona.  41.  As  to  the  conaidera 
tion  of  quality  in  its  moat  eeneral  sense,*  as  "  Whether  that  is 
honourable  which  is  eveiywnere  commended,"  it  rarelj  occurs  in 
judicial  proceedings ;  but  with  reference  to  particulan,  ques- 
tiona  ariae  either  about  some  common  term,  as  "  Whether  he 
has  ootnmitted  swwil^  who  has  stolen  a  private  person'a 
monej  from  a  temple."  or  about  a  camd  given  to  some  par- 
ticular act,  when  it  is  certain  that  an  act  has  been  done,  and 
there  is  no  doubt  what  the  act  that  has  been  done  is.  Under 
this  head  are  included  all  questions  about  what  is  honourable, 
fMtt,  etsmedienl.  4,%.  In  these  ttatet,  too,  are  sud  to  be  com- 
prehended others,  because  qmantity  is  sometimes  referred  to 
eomjeetmre,  as  in  the  question,  "  Is  the  aun  greater  than  the 
eanh  ?*  and  sometimes  to  quality,  as  when  it  is  aaked,  "  What 
degree  of  punishment  or  reward  it  is  just  that  some  particular 
indiddual  should  receive ;'  because,  also,  exception  f  has 
relation  to  quality,  and  daQnitiou  is  concerned  with  «:• 
eeptionsX  A3,  and  because,  moreover,  contradictory  laws,  and 
the  ratiooinatory  il*le,i  that  is,  the  syllogism,  and  questions 
in  general,  regarding  writings  and  the  intention  of  the  writer, 
depend  on  considerationa  of  equity ;  {except  that  this  last  case 
BometimeB  admits  of  conjecture,  as  when  we  inquire  what  the 
Itgiilator  meant ; )  but  ambiguity  must  necessarily  be  explained 
by  conjecture,  becanee,  as  it  is  plain  that  the  words  may  be 
naderuood  in  two  ways,  the  question  is  solely  about  the  in- 
tention. 

44.  Byagreatnumberof  writers  there  are  recognised  (JirM|! 
general  states,  a  division  which  Cicero   also  adopts  in  his 

■  QfMlitatit  de  ntmrnn  ffoKre.]  8«e  note  on  Hct  SS  j  and  vii.  4,  1. 

t  See  Beot  38  and  11. 

1  Ab  in  the  c«M  af  the  person  (UMurad  of  eterHeg^  Mot.  S8,  wbo 
irill  lay  to  hit  ucumt,  tranJatime  uteiu,  "you  oumot  pro««ed  iguiut 
me  for  norilag^  but  inily  for  aiaiple  theft ;  and  then  ariaei  a  qneation 
■bout  tlM  dd&itiou  at  actilege.    Capparonier. 

I  That  tiatut  Itg^it,  tn  which  wc  cndenoDr  to  make  &  Uw  apply  to 
■ome  MM  which  ia  not  includod  in  the  letter  of  it  See  b.  ni,  c.  B. 
Otpptronitr.    On  the  ^Uogiun,  ae*  leet.  IS. 

II  From  (act.  81  be  bw  mod  ipeaking  of  thoea  who  admit  only  twa 


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!2U0  QUINTIUAN  [B.  QL 

Orator,*  expresaing  his  opinion  that  OTerjthing  that  can 
become  a  eubject  of  controveisy  or  dispute^  is  comprahended 
in  the  questions  Whether  it  u,  what  tl  u,  and  of  what  particu- 
lar nature  it  u  ;  ^  names^  are  too  veil  known  to  make  it 
neceasaiy  to  mention  them.  Fatroclea  §  is  of  the  same 
opinion.  45.  Marcus  Antoniosjl  also  made  three  stalei,  as  in 
tlie  following  words ;  "  The  qnestions  from  which  all  pleadings 
arise  are  but  few;  whether  a  thing  has  been  done,  or  has  not 
been  done  ;T  whether  it  is  right  or  wrong  ;••  whether  it  ia  good 
or  bad."tt  Bat  since  that  which  we  are  siud  to  have  done 
rigktbf,  is  understood  in  such  a  sense  that  we  appear  to  have 
act«d,  not  merely  in  conformity  with  the  law,  but  in  accordance 
with  equity,  those  who  have  followed  Antoniua  have  been  in- 
clined to  distinguish  those  ttatei  more  exactly,  and  have  in 
consequence  called  them  the  conjectural,  the  legal,  and  the 
juridical;  a  distinction  which  is  approved  by  VirginiuB.{{ 
46,  Of  these  they  then  made  several  species,  so  as  to  put 
under  the  legal  state  definition,  as  well  as  other  itatet  which 
have  their  name  from  what  is  written ;  as  that  of  eoniradictary 
laws,  which  is  called  diiTi¥»/ii» :  that  of  writing  and  meaning  or 
intention,  that  is,  xardt  gtirh  xal  iiArtwr :  that  of  /uri£X)g-4"£,§§ 
which  we  distinguish  by  different  l^rms.  as  trantlatiee,  trant- 
tumplive,  transpotitive ;  the  jyUo^um,  ||{|  which  we  call  the 
ratiocinatory  or  collective  stale;  and  that  of  ambiguilff,  which 
is  called  in  Greek  &p/pi^i>>-la. :  all  which  I  have  enumerated, 

*  CliL  Sm  alK>  De  Oret  L  SI  i  iL  21  and  2S. 

t  Omnia  qiue  in  cOfUraveriiani  out  t»  amttnUoTten  venianl.}  B;  con- 
Irowrtia  it  property  meant  gtmu  oivlioBitjviiiciaU,  oppoied  to  tuatvria, 
aa  ia  evident  fnim  b.  vii.  o.  3,  and  from  Cieeni  de  Ont.  ii.  2i.  .  .  .  Tb» 
ward  contealio  probably  allndes  to  the  philoKipllia  eontettiime;  wbioh 
Cicero,  dfl  Orat.  ii.  24  and  2S,  csUb  Bometimea  di^aiaiiiniti,  and  lome- 
timea  duc^taiiona.     Capperoniar. 

:  The  first  is  the  ^atia  amjtcttinUu ;  the  eeoond  the  itotiti  dqlni> 
f irui ,-  md  the  third  iptaiitat.     Capperonier. 

§  It  15,  le. 

II  In  (hat  book,  I  Buppoae,  which  ha  left  unfiniahnd.     Saa  o.  f,  nol 

19.  7V»bM. 

*r  iSlafui  cM^^icfitm^  er  i^MastiD  ix  fado.     C^ppenmiar. 

"  Staitu  l^/atiit,  or  dt  tcrvpto.    Capperomer. 
■ft  BbOtu  atcMatU.    Capperonier. 

;t  See  o.  L  Mot  19. 

£!  See  Met  2S. 

UU  SeetectlO. 


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-f 


cb.vl]  k»bcatios  op  aw  obator.  301 

becuise  they  sie  called  liatet  by  most  writers,  though  Bomo 
would  prefer  that  they  should  be  called  legal  questiona. 

47.  Atheiueus  has  made  four  ttatet,  the  imritrrix^i  or  awfof- 
/tqnxi)  er&tii,  that  is,  the  exhortative,  nhich  belongs  properly 
to  the  suasoiy  ;  the  ffumX/jtii,  by  which  it  appears  from  whM 
follows,  rather  than  from  the  name  itself,  that  the  con- 
jeetuml  is  signified  ;  the  tmxUoxrntij,  {which  is  the  definitive,] 
for  it  consists  in  a  chai^  of  terms  ;*  and  the  juridical,  which 
he  distinguishee  by  the  same  Greek  namef  as  other  writers. 
Forthereis,  as  I  said4  great  variation  as  to  names.  48.  There 
ore  some  who  think  the  iMFayXtutmi  arieit  is  the  exeeptiimal,§ 
lookiag  to  the  nodon  of  change  contained  in  the  name 
Others,  as  CKcilius  and  Theon,  have  made  the  same  nimiber  of 
atatei,  but  of  a  different  kind :  Whether  a  thing  i»  f  what  it  it  7  \ 
of  what  species  it  iif  how  great  it  it!  49.  Aristotle  in  bis 
Ehetoricjl  [divides  the  whole  matter  into  three  parts :  What 
is  trve,  tchal  is  to  be  sought  or  avoided,  (which  belongs  to  the 
deliberative  department  of  orstoiy.)  and  the  consideration  de 
eadem  atgue  aUo,  "about  identity  and  difference;"  but,  by 
dividon,  he  amves  at  such  a  conclusion  that  he]  thinks  we 
most  examine,  as  to  any  thing,  whether  if  u,  of  what  nature 
it  it,  how  great  it  is,  and  of  what  parts  it  consisls.%  In  one 
place,  however,  he  notices  the  force  of  definition,  where  he 
says  that  some  charges  are  thus  met ;  "  I  have  tt^en,  but  I 
have  not  stolen ;  I  struck,  bnt  I  did  nothing  wrong."  50.  Cicero 
alao  in  his  books  of  rhetoric**  had  enumerated  four  slates  re. 
garding/ac(,  name,  kind,  and  action  ;  bo  that  eim/Bcftire  should 
refer  to  &ct,  d^nition  to  name,  qualitg  to  kind,  and  right 

*  Because  the  nsme^  yibiaii  is  giren  to  the  durge  by  the  Henaer,  ia 
ehuiffed  b;  the  defenduit;  and  umther  put  in  Its  place ;  m,  "  1  gnoit 
t^t  it  is  theft ;  I  deny  th*t  It  is  SMdlese."    Tumttnu. 

tcsa. 

§  Because,  In  exo^tiotu,  we  cliangs  either  the  judge,  or  the  [iroee- 
cntor,  or  the  time,  or  the  mode  of  proceeding;  vvoAXdmiv,  "to 


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MM)  QuraTiLiAir.  [am. 

to  action.  Under  r^ht  he  bad  included  eacej^iion.  But  in 
another  place*  he  treats  legal  queBtionet  aa  q>ecie8  of  actioiiB.J 
M.  Some  writers  on  rhetoric  ba^made  five  itnte*,  those  of 
eonjecture,  d^nition,  gualitJl,  ?iMU|y,  and  relation.  TLeo- 
doroB  hIso,  as  I  remarked,  j  adopts  tne  same  number  of  general 
haada,  itkelher  a  thing  is,  what  it  it,  qftehat  tpeciet  it  it,  how 

Ctat  it  it,  and  to  uhal  H  hat  referenct.  The  last  he  regards  aa 
ring  moat  concern  with  comparison,  since  better  and  worse, 
greater  and  less,  are  terms  that  have  no  meaning  untesa  thev 
refer  to  something.  62.  But  relation,  aa  I  observed  he[6re,| 
affects  questions  of  legal  r^ht,  auoh  as.  "  Has  this  man  a  r^t 
to  go  to  law  ?"  or  "  Is  it  fit  that  suuh  a  person  should  do  such 
a  thii^?"  or  "May  he  proceed  against  a  particular  person,"  or 
"  at  a  particular  time,"  or  "in  a  particular  manner?"  for  all 
such  taquiriea  must  have  reference  to  something. 

fi3.  Others  chink  that  there  are  six  atafei ;  eori;>e(iir<,  which 
thej  pall  yiuiif  .^  aualih/,  peculiarity,  that  is,  Idiinif  a  term  in 
which  definition  is  implied ;  quatuity,  which  they  call  i^ia,  ;** 
comporitoaf  Kfeeption,  for  which,  also,  a  new  name,  ittri- 
«ntnf,  has  been  found ;  new.  I  mean,  aa  applied  to  ttate,  for 
it  had  bean  previously  used  by  Herma^oras  in  a  different  way, 
to  denote  one  of  the  various  sorts  of  juridical  questions. 

54.  Others  have  been  of  opinion  that  there  are  seven ;  by 
whom  neither  cxcepftos,  nor  quantit^t  nor  conparUim  were 
admitted ;  but,  in  the  ploice  of  those  three,  were  substituted 
fourtt  sorts  9f  legal  questions,  and  added  to  the  threej}  ttatea 
to  be  determined  by  reasoning. 

66.  Others  have  gone  so  far  as  to  volte,  eight,  adding 
exception  to  the  other  seven. 

■  P«4it.  Ontt  0.  31  Mid  33. 
t  Thow  Dotioed  in  Mtrt.  tQ, 

t  Sptcia  actianit.]  Aetwuim  pauQo  ]Mn»  tooipimnii,  nt  JuB  tLgend'. 
ugnificet  et  legia  adiantu^    Turneboi. 

I  Sect.  S% 

II  Sob  sect.  23.  We  laust  rwd  inddil,  no^  tTteSdiiua,  tx  Csppeioaier 
uid  Spfdding  obe«7CL 

U  BeoaiuB  the  qneaijpa  in  it  ii  reepeotlag  Hie  origiD  or  oaiue ;  aa 
whether  a  thing  was  dona,  and  Inr  whoia.    ntnufw. 

"  Because  it  rela(«B  to  quantitf  to  ahow  the,  uorfAiVu  or  tmiooHAi- 
ncn,  the  suffideiicy  or  iuBu^luiBno;,  of  ■  thing.     Tariuivt. 

++  The  four  mentioned  in  seot,  48  ;  uripliel  valtnttalU  ;  antHguUg  ; 
ligun  coHtranorun ,'  t^Ui^v^ 

;j  CoojectoTB  i  daflnition  ;  quality. 


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CH-VL"]  EDUCAnON   OF  AN   ORATOK.  30S 

By  Bome  writers  another  distinction  has  been  introduced, 
that  of  giving  tho  nan>e  of  "  states  "  only  to  the  $latut  rationales, 
and  cal£ng  the  *tam*  Itgata,  as  I  said  *  before  "  questiona ;" 
as  in  the  fonner  tlie  question  u  about /act,  in  the  latter  about 
the  aritten  tetter.  Others,  on  the  oontnuy,  have  preferred  that 
the  ttattu  legale^  should  be  called  "states,"  and  the  ttatu^ 
rationala  "  queatjons."  56.  But  others  have  thought  that  thera 
are  only  three  ttalm  raiMnalei,  whether  a  thing  it,  what  it  it, 
and  tff  what  kind  it  it;  Bermagoras  is  the  only  one  who  has 
made  four,  conjecture,  peeuIiaTitj/,  exception,  quality,  to 
which  latter  he  applies  the  expression,  xard  nfju^i^Sijxjra, 
"according  to  accident8,"'t  adding  as  an  explanatiou,  "whether 
it  hefpen  to  a  person  to  be  good  or  bad.}  6  '^-  Quality  he  then 
distinguishes  into  four  species,  as  relatiug  to  things  to  be  itntghl 
or  avoided,  which  fall  under  the  deliberative  deportment  of 
oratory ;  to  pertoni,  to  whom  the  panegyrical  kind  applies  ;  to 
thingt  in  general,  a  department  which  he  calls  ^rptyitMnxi,  and 
in  which  the  question  is  about  things  themselves,  without  any 
reference  to  pereons,  as  "  whether  he  is  free  who  is  under  tri^ 
about  his  hberty ;  §  whetlier  riches  beget  pride ;  whether  ^ 
tiling  is  juat  or  good ;"  wd  to  ^udieial  questvins,  in  which 
similar  inquiries  are  n^e,  but  with  regard  to  certain  deSnits 
persons ;  as, "  whether  a  certain  person  acted  justly  orwell  in  a, 
particular  transaction?"  G8.  Nor  am  I  ignorant  that  in  the  first 
book  of  CiceroJI  on  Rhetoric  there  is  another  explanation  of  the 
part  rei^aing  to  things  in  general,  as  it  is  there  sud  that  "it  is 
the  department  in  which  it  is  considered  what  b  right  accord- 
ing to  civil  usage  and  according  to  equity  ;  a  department  with 
which  lawyers  are  thought  by  us  to  be  specially  concerned." 
66.  But  what  the  judgment  of  Ciceio  himself  vaa  respecting 


<t  U  vertu  oDDune  d«*  quality 

S  Qtu  ttt  in  aatrCtoncl  On  which  subject  k  lu*  was  nud«  bj  Hucua 
AntoniDoa,  u  wa  leaiu  tram  Lampridiua,  e.  9.  Pitmt.  Aueriio  is  > 
tiUl  nboat  the  liberty  of  itn;  penoQ  ;  aa,  whan  a  fna  man  wu  called 
to  judg:meat  with  the  object  :tf  making  him  a  ilaTs  ;  W  t»  trriluii  nf 
Mwnnlw.  Thia  was  termed  eatua  li/miiiu.  Turoeboq.  The  ptiraie 
asurtre  in  trviluUn  oocun  twice  in  Lit;. 

g  Oe  InT.  1  11. 


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3CA  QonmLUv.  lB.iir. 

diese  books,  I  have  already  mentioned  ;*  for  into  their  pages 
were  thrown  the  various  portioDS  of  knowledge  wkich  he  had 
biouffht  from  the  school  when  a  joaug  man.f  and  if  there  is 
an;  niuli  in  them,  it  is  that  of  his  instructor  4  whether  he  was 
moved  b;  the  circumetance  that  Hermagoras  places  first  under 
this  head  examples  from  questions  of  right,  or  by  the  con«dera- 
tion  that  the  Greeks  call  interpreters  of  Uie  law  vfaypMTiMl. 
60.  Cicero,  howcTer,  substituted  for  these  books  his  excellent 
dialogues  de  Oralore,  and,  therefore,  Is  not  to  be  blamed  as  if  he 
had  delivered  erroneous  precepts. 

t  retaro  to  Hermagoras.  He  was  the  firat  of  all  rhetoriciana 
that  made  txctption  a  distinct  ttateA  though  some  advances 
towards  it,  but  not  under  that  name,  are  found  in  Aristotle.|| 
01,  Aa  to  legal  questions,  he  has  specified  these  fodr:  that 
which  relates  to  what  ii  wriften  and  tehat  i$  inleaded,  (which 
he  designates  by  the  phrase  xaril  fqrii  ho)  vrigaJftAt,  that  is, 
"  the  expresaioD  and  the  exception,"  the  former  of  which  terms 
is  common  to  him  with  all  other  writers,  the  latter,  "  ex- 
ception," has  been  less  used,)  that  which  is  raUoeinatory  or 
dependent  on  reaeoninff,  that  of  ambiguity,  and  that  which 
concerns  eontradicUyry  laws.  62.  Albutius,^  adopting  the 
game  division,  withdraws  exception,  putting  it  under  the 
juridical  department  In  legal  questions  also  he  thinks  that 
there  is  no  itate  which  is  properly  called  ratiocinatory. 

I  am  aware  that  those  nho  shall  read  the  ancient  writers 


■    C.  T.  iWt.  IS. 

+  Stmt  tnim  rtgala  in  Am  commenJoriu,  qHot  adtiUtcea*  dtdmxemi, 
lekUn,']  BnmuiIlD  obMrvw  that  tcAola.  if  the  text  be  correct,  U  to  be 
taken  In  the  mow  of  ditpWotiinua,  but  would  rather  read  Swat  mim 
vdMi  Tt*  Jigata  {>  hm  eommmtimoa,  quot  adoUrsmt  dahLXfrat  fdvid  ; 
which  diffan  veiy  little  from  the  reodiog  of  Stephene'a  editiaa,  adopted 
by  Capperonier,  S%nt  mtn  vtttU  m  regetta  in  hot  cammatlariot,  fwu 
adtileietiu  lUdnxerat  KAcld,  Comptue  Cio.  Tuxa.  Qunat.  L  4,  aod 
Quint,  ii  11,  T. 


II  Capperonier  refen  to  Bhat  ii.  15,  S. 

i[  Albutina  differs  from  Hemmgoru,  in  remoTing  txeeptiott  from 
^vMianei  raiionala,  and  patting  it  under  the  gumftOTKi  l^aUt, 
[i^jlog  it  in  jwiKhr  /  while  from  the  Iqralci  quatttoMi  he  exuudek 
■uperfluona.    This  also  Ciewa  appean  to  do  in  kit  D* 


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Ontfc  I).  iL  Ufl  Pvn.  Orat     TMnttbut. 


ca.Tt.]  EDUCATION  OF  AS  OAATOEU  SOS 

with  attention  will  find  still  more  stutes  ;  but  I  am  afraid  that 
what  I  have  said  on  this  sutject  has  exceeded  due  bounds. 

63.  For  myself,  I  confess  that  I  am  now  inclined  towards 
an  opinion  somonhat  different  fix>m  that  which  I  fonnerly 
held;  imd  perhaps  it  would  be  eofest  for  me,  if  I  regarded 
only  mj  own  reputation,  to  make  no  change  in  that  which 
for  many  years  1  have  not  only  thought  but  have  sanctioned 
with  my  approbation.  64.  But  I  cannot  endure  to  be  guil^ 
of  dissimuJatioa  in  any  point  on  which  I  give  judgment, 
ospecially  in  a  vrork  which  I  am  composing  with  a  view  to 
being  of  some  profit  to  well-disposed  young  men ;  for  Hippo- 
crates,* so  celebrated  in  the  art  of  medicine,  is  thought  to  have 
acted  most  honourably  in  admowledging  some  mistakes  that  he 
had  made,  in  order  to  prevent  postority  from  erring  with  him. 
Cicero.t  too,  did  not  hesitate  to  condemn  some  of  hu  published 
works  and  others  which  he  wrote  afterwards,  as  his  Cetullu* 
and  Ltmullus,  and  those  books  on  Rhetoric  to  which  I  just  now 
alluded.  65.  For  longer  perseverance  in  study  would  be 
superfluous,  if  we  were  not  at  liberty  to  find  out  something 
tetter  than  what  vcas  advanced  before.  Nothing  however  of 
what  I  then  tao^t  was  useless,  for  what  I  shall  now  teach  will 
recur  to  the  same  principles,  so  that  no  one  will  repent  of 
having  learned  from  me.  All  I  intend  to  do,  is  to  re-produce 
the  same  materials,  and  to  arrange  them  with  somewhat  better 
effect.  But  I  vrish  everj-  one  to  be  satisfied  that  I  com- 
municate  new  light  to  others  as  soon  as  I  have  gained  it 
myself. 

66,  According  to  the  system  of  most  authors,  then,  I  ad 
hered  to  three  ratiocinatory  statu,  those  of  conjecture,  quality, 

'  Hippocratea,  as  he  was  dreasinK  the  wouad  of  a  man  who  had 
been  stmck  with  a  stone  on  the  head,  found  that  he  had  been  deceived 
with  regard  to  the  auturea  of  the  akuU,  and  confeaaed  bis  miatake. 
This  ia  mentioned  to  hia  honour  bj  Celnia,  vllL  4,  who  cootraata  hi* 
noble-mindedneaa  with  the  meaimees  of  llttla  men,  who,  quia  nih-U 
habenl,  nthU  liJt  detrahmU.     See  Hippoc.  Epid.  v.  14. 

t  See  Cicero,  Ep.  ad  AUic  xiii.  12,  13,  16,  ID.  Having  at  fint 
compoiied  the  DiipiUalionei  A  cademica  in  two  booka,  giving  the  firat 
the  title  of  Lueullua  and  the  aecond  that  of  Catullus,  he  afterward* 
produced  another  edition  in  four  books,  in  which  he  made  Varro  the 
chief  cbaractar.  Of  the  aecoDd  edition,  only  the  first  bocdE  has 
duacended  to  us ;  of  the  firat  edition,  the  second  book,  entitled 
Lucullus,  is  extant.     The  reat  is  lost,     folding. 


D,j„..;uL,  Cookie 


JIM  nvDmuis.  [Kin 

and  dejMlimt,  And  one  Ugal.*  These  were  mj  genwal  ttatet. 
The  legal  I  divided  into  fire  species,  those  relating  to  wriliny 
and  Mmtftm,  eoHhradietoty  imn,  iMbdiomt  ambiffuUg,  and 
eateptiMu  AT.  I  now  loe  that  the  fonithj  of  the  general 
l^atu  may  be  withdrawn  from  them ;  fsx  Um  primary  div-iaion  b 
mfficient,  Yfj  which  I  pronounced  §  some  (tote*  to  be  ratioei- 
natory,  others  Ic^i  ;  thus  the  fourth  will  not  be  a  »tate,  but  a 
species  of  question ;  otherwiae  it  would  be  a  raHoeinator^  ilate. 
6H.  From  those  ^ao,  whic^  I  called  species,  I  withdrew  e«- 
vtflbM}  havii^  frequently  indeed  obeeTred,  (as  all  who  listened 
to  m^  insttUBttonB  can  l«member,)  and  hftring  asserted  even 
in  thoe«  lectures  which  were  pabltshed  wilboat  my  coDsent,|j 
(but  in  which  I  however  inclnded  this  remark,)  tlut  the  ttate 
of  exetptktn  Oan  eearcely  be  found  in  anj  cause  so  evidently 
that  some  Cdier  may  not  seem  to  be  rightly  named  in  that 
causa  instead  of  it ;  and  that  in  oAnaeqnence  that  ttale  had 
by  some  writers  been  wholly  set  a^e.  69.  Yet  I  am  not 
ignorant  that  many  cases  are  treated  under  this  ttate  of  ex- 
eeptien,  as  in  almost  alt  causes  in  which  a  person  is  said  to 
have  failed  from  itregnlarity  in  for  .T<  snch  questions  as  these 
arise  i  "  Whether  it  was  lawful  for  soch  a  person  to  bring  an 
aotion  at  all,  of  against  some  other  particular  person,  or  before 
some  putioHlsr  judge,  or  at  some  particular  time."  and  what- 
ever other  similar  questions  may  be  asked.  70.  But  persons, 
times,  suits,  (uid  other  mattere,  are  conatdered  under  Uie  tiate 
of  eioeplJon  for  «ent«  pn-e*iileiU  eaiue;  so  that  the  ques- 
tion lies,  not  in  the  tUOe  of  exeeptum  itaelf,  but  in  the  cause 
for  whidi  recooTBe  is  had  of  the  slate  of  txeeption.     "  You 

f  CUIectuwa  etatum.  The  sune  m  the  tyBcgiimtu.  Conpua 
Mct.  4S. 

i  QomtiliaD  juitlr  blAmea  hit  own  divkion,  for  It  was  a  dlvudon 
into  thrm  tpteia  *Dd  one  gtmtt;  all  the  memben  of  it  were,  therefore, 
■Kit  of  tbe  Koe  oider.    Oof^trmiieT. 

II  See  the  Pro«Di,  o.  7. 

il  Otddmi  /ormutd.']  It  wae  cnstomuy  unong  the  Bomaiu,  th*t  it 
any  one  bronffht  an  actjon  irregaUrly,  or  demanded  anjtliiEig  more 
than  he  wu  justififd  in  demanding,  be  lost  his  cause,  and  waa  said 
«itimr  fi>rM«l&  aukre  or  eauti  eadert ;  and  thtu  in  these  caaea  they 
W«r«  obliged  to  have  recnarae  to  twepitou.  Tnmebug.  See  Torrrait. 
■d  Snet  Claud,  e.  II.     CifjieronMr.    See  sect.  G2 ;  and  Cicero  de  Inv 


jLyCooj^k' 


ch-Vl]  education  or  ax  okatob.  WT 

ought  not  to  sMk  restitntion  of  this  depodt  b«lbre  the  pnator,  but 
b^re  the  oonsals ;  tot  the  auta  ia  too  gnat  to  tome  under  Uie 
cogoizftDce  of  the  prtetor ;"  the  question  then  is,  "  *iiietb«r  tJM 
sum  li  too  gre&t  for  the  pmtor's  cognizuice ;"  anil  thii  is  a 
-  question  as  to  foct.  71.  "It  is  not  lawftil  fm  jou  to  prooeed 
^inst  me,  for  you  could  not  beooms  agent  for  the  (^poaite 
partj ;"  here  the  question  for  judf^meut  is,  "  whether  he  eould 
become  agent."  "  You  ought  not  to  have  prooeeded  bj  inter* 
diet,  but  to  have  made  a  demand;"  the  matter  in  donbt  is, 
■'  whether  the  proceeding  by  interdiet  <iras  right"  78.  All 
these  points  come  Under  the  bead  of  le^l  qnestiona.  Do  not 
preacriptions,*  also,  (even  those  in  whkfa  usoapiitm  appeais 
most  mamfest,)  lead  to  the  same  tnrts  of  questions  as  those 
lawB  under  which  the  action  is  broogbt,  so  that  the  inquiry  will 
be  either  about  the  naMs  of  an  act,|  about  toftoi  it  teritlen  and 
the  intent  of  the  virtter,  or  about  toMMhing  to  he  iettied  by 
argument.  The  state  dien  springs  from  ihe  question ;  the 
$tale  of  exception  dues  not  embrace  the  point  for  which  the 
pleader  contends,  but  the  question  beeawse  of  which  he  con- 
tends,} 73.  His  will  be  made  plainer  by  an  example :  "  You 
have  killed  a  man ;  I  have  not  killed  him ;"  the  qu^tion  is 
"  whether  the  accused  did  kill  the  man,"  the  ttate  »  the  coa- 
jeciwal.^  The  following  case  is  difiereat :  "  I  have  a  r^ht  to 
proceed  i^nst  you ;  yon  have  not ;"  when  the  faeMfnt  will 
be,  "  whe&er  he  Am  a  right,"  and  hence  the  ttate  ;  for  whe^er 
hh  be  allowed  to  have  a  right  or  not,  belongs  to  the  event,  not 
to  die  cause,  and  to  that  which  the  judge  may  decide,  not  to 
that  because  of  which  he  ma^  give  such  decision.  74.  This  b 
similar  to  it :  "  You  deserve  to  be  punished ;  I  do  not  deserve 
to  be  punished  ;''  the  judge  will  see  whether  he  doei  deserve 
to  be  punished ;  bnt  here  there  will  not  be  either  quettion  or 
(tete;  where  then?  "  You  deserve  to  be  puaaahed,  for  ytm 
have  killed  a  man  ;  I  have  not  killed  a  man : "  here  then  ia  a 
qu^tioii  "whether  he  did  kill  a  faan?"  "I  ought  to  be 
honoured  ;  you  ought  not ; "  is  there  here  aaj  ttate  ?  I  think 
not.     '  I  ought  to  be  honoured,  for  1  have  killed  a  tyrant ;  you 

■  PrtutrtpUonm.'i  Ctymptxt  b.  viL  a.  S.  Thtj  an  tlia  txoiptimM  o( 
Qw  JunBconBlIl^  aa  L«iicoQB  nill  show;  in  OrsSk  ■wapayf ifaii 
Spaidiiig.    See  sect  23. 

■<■  Aa  whsther  a  uuut  haa  committed  Morilega  or  nmpl*  theft 


\  qyattit  it  fatto.    Cappetonier. 


D,j„..;uL,  Google 


a08  Qt'INTlLlAM.  fB.ra. 

hftve  not  killed  a  tyrant;"  here  there  Is  both  question  and 
Hate.*  7S.  In  like  manner,  "  You  hare  no  right  to  proceed 
a^nst  me ;  I  have  a  r^ht,"  has  no  ttatt ;  where  is  it  then  T 
"  Ton  have  no  i^ht  to  proceed  against  me,  because  70U  are 
in&mous  ;"  here  the  question  is  "  whether  he  b  iniamous,"  or 
"  whether  an  in&mous  man  has  a  right  to  proceed  against 
another ;"  and  here  are  both  questions  and  itaUt.'f  The  kind 
of  cause  J  is  therefore  exceptional,  like  the  comparative,  and 
that  of  recrimination. 

76.  But,  you  will  say,  "  I  have  a  right;  you  have  not,"  is 
similar  to  "  you  have  killed  1  I  did  right  in  killing ;"  I  do  not 
deny  that  it  is  so ;  but  this  does  not  make  a  dote ;  for  these 
are  not  propoaitiona,  (if  they  were,  the  cause  would  receive  no 
explanation  &om  them,)  as  propositions  must  be  accompanied 
with  reasona.  "  Hoiatius  committed  a  crime,  for  he  killed  his 
sister ;  he  committed  no  crime,  for  he  had  a  nght  to  kill  her 
who  monmed  at  the  death  of  an  enemy ;"  the  quettian  here 
wilt  be,  "  whether  this  was  a  sufficient  reason  for  killing  her;" 
and  Uius  the  *taU  will  be  that  of  quality.  77.  la  like  manner 
with  regard  to  exception :  "  You  have  no  right  to  disin- 
herit §  your  son,  for  an  infamous  person  is  not  allowed  to 
engage  in  any  l^gal  process ;  I  have  a  right,  for  disinheriting 
is  not  a  legal  process ;"  the  qoestion  is,  "  what  is  a  legal  pro- 
cess?" here  we  shall  use  definUwn;\\  "  you  are  not  allowed  to 
disinherit ;"  here  will  be  the  lyUagUm.yi  The  case  will  be 
similar  with  regard  to  all  matters  concerning  the  ratiocinatory 
and  legal  ttatet.  78.  I  am  not  unaware,  however,  that  some 
have  included  exception  under  the  ratiocinatory  kind  of 
states,  in  this  way :  "  I  have  killed  a  man,  bat  by  order  of  the 
emperor;"  "  I  gave  up  the  offerings  in  the  temple  to  a  tyrant, 
but  he  compelled  me  to  do  so ;"  "  I  quitted  my  post,  but 
through  being  harassed  by  bad  weather,  floods,  ill-health;" 

■  Slatiti  emtfeefwiUi,  or  facti  fnattio.    Capperouier. 

i  Of  two  kmde  ;  firsts  tha  ilalut  con/ectitraZH  or  d^fbiiiimu,  nhtith^r 
tba  nan  wbi  raallj  infiuaouB ;  secondly,  the  ttattu  QuaHiaiu,  ■wlutfher 
Ml  Ic^mom  paraon  has  tha  right  of  goiiiK  ^  l^"-     Oapptronia: 

f  Qemu  eamta,  Dot  atatun  ;  see  sect.  67 ;  also  iii  10,  iii  4,  reapacting 
tlie  gauu  eanmtratitwn  and  tuMna  acenmaio.  Alao  vii,  2,  0,  and  22  ; 
TiL  4,  IS.    Spamitg. 

f-  A  &tliv  could  not  diahiherit  his  bod  withoat  takiiig  turn  beforv 
the  jndgas,  and  proving  his  unworthinesB  by  s  regoUr  le(^  process. 

R  fHummt.')  Erit  ttatu*  detmtiem.    Capperonier. 

i  That  U,  the  ttalta  called ei/Uogiimia.    See  sect  16.     C-ijperoiUr. 


D,j,,..;uL,Coo^|i: 


OS.  tl]      eduoation  of  an  okatob        309 

that  is,  it  was  not  my  fault,  but  the  fault  of  those  ciroam- 
stances.  79.  From  these  authors  I  differ  still  more  widely  ;*  for 
it  is  not  the  act  that  is  brought  under  the  exception^  slate, 
but  the  cause  of  the  act,  as  happens  indeed  in  almoet  every 
defence ;  and  besides,  he  who  adopts  such  a  mode  of  defence, 
does  not  depart  from  the  ttale  of  quality,  t  for  he  says  that  he 
himself  is  free  from  bhime ;  so  that  two  kinds  of  qualil;}  are 
rather  to  be  distinguished ;  one,  by  which  the -act  and  the 
accused  party,  the  other,  by  which  the  accused  only,  is  de- 
fended.$ 

80.  We  muBt  therefore  adhere  to  those  writers  whose  au- 
tliority  Cicero[|  has  followed,  and  who  say  that  there  are  three 
points  about  which  there  is  a  question  in  every  cause ;  uhether 
a  thing  is,^  what  it  it,**  and  of  what  tpede*  <(  u  :tt  a  distinc- 
tion which  even  nature  herself  teaches  us ;  for  there  must  first 
of  all  be  something  vhich  b  the  object  of  the  question  ;  con; 
ceming  which  it  certainly  cannot  be  detenoined  what  and  of 
what  ipeeies  it  m,  until  it  be  settled  that  it  really  exists  ;  and 
this,  therefore,  is  the  firat  question.  81,  But  aa  to  that  which 
is  proved  to  exist,  it  does  not  immediately  appear  what  it  i», 
When  this  point  is  also  decided,  there  renadns,  last  of  all,  the 
quality;  and,  when  all  these  particulars  are  settled,  nothing 
farther  is  left. 

8S.  Under  these  heads  are  contidned  indefiuite^t  and  de- 
finitellll  questions ;  some  of  these  heads  are  considered  in  what- 
ever kind  of  matter  we  discuss,  whether  demonstrative,  de- 
liberative, or  'udicial;  and  they  comprise  also  suits  at  law, 

*  lAeriiU.']  ThsD  ttora  tboM  to  whom  he  alludes  iu  sect.  SS. 

+  A  ^<frmd  quatUoiia^  That  in,  ^m  tho  ttatut  ^wjlitaiit  ouumjifftDtw, 
wMch  iba  Qreska  call  lUTaarami,  and  ths  I«tiiiB  raiuttio  crtmtnf^  or 
■(imetiinea  jmrgaiio.    CapperoQier. 

t  Quolttjf  is  twofold ;  alitiimlt,  when  ws  contend  that  a  deed  !>'  in 
itself  just  and  right ;  attmaftive  or  jmntinptive,  when  we  attempt  t« 
palliate,  hi  aaaiimed  argamenta,  that  wblcb  we  Cniuiot  prove  to  be 
right  in  itaelf,  and  to  ahow  that  the  agont  la  not  to  be  blamed, 
Tv/mOui. 

9  When  we  throw  the  blame  upon  drcumitancei,  ai  in  sect.  TS. 

II  Compare  sect.  ii.     folding. 

'S  Statv*  eonjjtctvridit, 

••  Statvt  d^Hititna. 

ft  Staiiu  qialilatii. 

Jt  TheeeH,  or  general  quortiona. 

U  Kefeiriug  to  certain  times,  pUoei^  d 


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tlO  <luumLiAS.  [a  ui. 

whethw  regaiQjd  with  reference  to  ratiociiiBtoij  or  to  legij 
quesUoos ;  iar  there  is  no  legal  dispute  which  ib  not  to  be 
resolved  b^  the  aid  of  deflnilion,  consideration  of  quality,  or 
coiijecture  83.  But  to  tboee  who  ere  instructing  the  igno* 
rant,  a  plan  more  extended  at  firat,  and  a  road,  if  not  marked 
out  bj'  the  etraighteat  possible  line,  yet  more  easy  and  open, 
will  not  be  without  advantage.  Let  students  leom,  therefore, 
before  all,  that  there  are  four  modea  of  pvceeding  in  evei; 
causa ;  which  four  modes  he  who  is  gtring  to  plead  ought  to 
make  it  his  first  business  to  consider.  For,  to  b^a  first  of 
all  with  the  defendant,  by  &r  the  strongest  mode  of  defence  is, 
if  the  ckarge  which  i$  mad»  can  h»  dtnied;*  the  next,  if  an  act 
of  the  kind  chargad  agaimt  the  aeeuted  can  be  taid  not  to  have 
been  done  ,-t  the  third,  and  most  honourable,  if  tehat  it  done  ti 
proved  to  have  been  jutUy  done.X  If  we  cannot  command 
these  methods,  the  last  and  only  mode  of  defence  is  that  of 
eluding  an  accusation,  wfaich  can  neither  be  denied  nor  com- 
bated, by  the  aid  of  some  point  of  law,  so  as  make  it  appear 
that  the  action  has  not  been  brought  in  dne  legal  form.  84. 
Hence  arise  questions  refming  either  to  the  general  action 
or  to  exception  ;§  for  there  are  some  things  objectionable  in 
their  own  nature,  yet  alloMd  by  law,  as  it  was  permitted, 
for  instance,  by  the  twelve  tabtw,  that  the  body  of  a  debtor 
might  be  divided  among  bis  creditors  ;||  but  public  feeling  has 
set  aside  that  law ;  and  some  things  may  be  equitable  in  them, 
selves,  bnt  prohibited  by  law,  as  liberty  in  making  wills.** 

86.  By  the  accuser  nothing  more  is  to  be  kept  in  view  than 
that  he  must  prove  that  tomelhing  leae  done;  thaX  a  particular 
thing  viat  done;  that  it  tea*  done  mvngfally ;  and  that  he 
bringt  hit  action  according  to  law.  Thus  every  cause  will 
depend  upon  the  same  sorts  of  questions,  only  the  allegations 

*  SMiu  it^kiaUe,  otibsrwiaa  ef^KtmraUt,  yulgd  jiuttlio  fatti,  Cap- 
peronier. 

f  Staiut  d^niiiimt.    Capiwrai^M', 

j  Slatm  fiMlatii,  vulgd  jurit  qmaitie.     Capperonier. 

§  Statu*  liiraXtf^iut  or  rapaypat^t,  excepiio  fori,  or  txaplia  judicii 
daiiiuUorvi,  whirji  !■  Bometimea  c&lled  pratnriplio.     Capperonier. 

II  SoeAuLGril.  XI.  1. 

"  Of  the  mtrtdnts  bud  on  teitamentw;  diapoaitjon  of  propsHy, 
tee  Smith's  Did  of  Or.  and  Rom,  Ant.  Art,  Legaittm,  The  most 
effective  law  was  the  Ua  Falcidia,  pasied  B.O.  40,  which  provided  tlukt 
a  testator  eboiild  not  give  more  than  threa-fourtha  of  hia  proper^  ur 
Itjikdea.  and  thus  ucuivd  at  lta4t  one-fourth  to  tba  legal  hair. 


D,j„..;^L,  Cookie 


OlLTf.]  EDUCATIOH  or  AK  OSUOB.  Sll 

of  the  different  parties  will  aometimM  be  iDtercLauged  ;*  as 
in  those  causes  ia  which  the  questioD  is  about  a  rewaxd,  it  ia 
for  the  plaintiff  to  prove  that  what  was  done  was  r^ht 

86.  These  plans,  as  it  were,  and  forms,  of  proceeding,  which 
I  then  called  gmeml  muu,  resolve  themselvea,  as  I  showed.t 
into  two  general  kinds,  the  one  dependent  on  reasoning,  the 
other  on  legality.  The  one  dependent  on  reasoning  ia  the 
more  simple,  as  it  consists  merely  in  the  contem^Jation  of  the 
nature  of  tbioga :  and  it  ia  sufficient,  therefore,  in  respect  to 
it,  to  mention  conjecture,  d^nition,  quality.  87.  Of  legal 
questions  there  must  necessarily  be  more  species,  aa  Uwa  are 
numerous,  and  have  rarious  forms.  We  r«et  on  the  words  of 
one  law,  and  on  the  spirit  of  another;  when  we  find  no  law 
ready  to  support  ns,  we  press  stHne  one  into  our  sendee ;  we 
compare  some,  one  with  anoUier;  we  interpret  some  in  a 
msnner  different  from  that  in  whkh  they  are  usually  under- 
stood. 88.  Thus  from  those  three  itatttX  spring  the  follow- 
ing reeemblancea  as  it  were  of  states,  sometimes  simple, 
sometimes  niixed,§  yet  always  wearing  their  own  peculiar 
appearance,  as  that  wnich  refers  to  what  it  writim  and  what  it 
intetided,  which,  without  doubt,  is  included  under  guaUty  or 
eonjecturt;  that  which  is  treated  by  tyUogitm,  which  Ims 
re^rd  especially  to  quaUly  ;  that  which  respects  contradictory 
Lvu»,  which  belongs  to  the  seme  itatet  as  what  it  toritten  and 
ahat  u  intmdedt  and  that  referring  to  ambiaiity,  which  is 
always  settled  1^  conjecture  80.  Dsfini^an  also  is  common 
to  both  kinds  H  of  questions,  those  which  depend  on  the  con- 
sideration of  matters  of  fact,  and  those  which  aie  to  be  decided 
bj  adhor«noe  to  the  written  letter. 

All  these  questions,  though  they  Ul  under  those  three 
»tatet,  yet  since  they  have  sererally,  as  I  said,  f  something 

*  Thus,  In  accuiationB,  the  complaiiiuit  !■  to  prore  that  ■•methitig 
H  wrong ;  ba^  in  cam  of  dahning  rawudi,  tlie  oomplaitumt  ha*  to 
prvn  tlut  Mmethiog  it  ri^t.    Tmntebm*. 


is 


„itri^t. 

t  Sea  aeet.  87 ;  alio  a.  t.  lect.  *. 

i  Thoae  of  ooqjectiiie,  dsBnition,  ind  qoaltty.    Cofperonitr. 

%  Baoaiua  there  ii  lometimea  in  one  came  one  tbOt  of  tcHptwn  tt 

'mmUu ;  eoniatiiaee  eereral  Knipto  Uid  MfenJ  vdhmtata ;  or  toma- 
tini«  Kripdim  tl  vahmtiU  ia  miisd  with  I^pet  eniitranv  mnd  OMfr^tfau,- 
uid  there  &re  nmilu  combinationi  In  other  canaeB.    nMii<6«t 

II  Ha  alludw  to  tbe  two  general  queitioni,  de  re  and  dt  ecrtpfo.  ;iM 
c.  5.     CaMtnaatr. 

\  He  aUndei.  if  I  mirtake  not,  to  MCt.  8(      ^mIAi^ 


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31Q  QITIHTILIAD.  ^B-Itl. 

peculiar,  appear  necessary  to  be  explained  to  learners;  and 
they  ma;  be  allowed  to  caH  them  either  Ugai  ttats*  or  qut»- 
tiom,  or  Mcondary  headt,  if  they  but  uaderatand  that  nothing 
is  sought  in  them  but  what  is  contained  under  the  three 
genenu  heads  which   I  have  before  mentdoned.*     90.  But 


ram  of  Qnintiliui  coDcemJng  (Cotui  oraiom  ;  uid,  tliat  it  ma;  be 
batter  UDderBtood,  I  ban  thonaht  it  wdl  to  compare  it,  not  only 
with  bis  former  Bystem,  but  wil£  those  of  Cicero,   the  writer  ad 
Herenniutn,  uid  HermogeDes. 
QointUiaii  at  Bnt  admitted  four  general  Matei  ; 

1.  The  ooqjeBtaraL 

2.  The  definitiTe. 
8.  That  of  quality. 
i.  The  legal 

He  then  divided  the  iegiH  into  firs  speciu : 

1.  That  of  Kriptuni  el  volunbu. 

2.  That  of  contradictoiy  kwi, 
8.  The  gyUogiaia. 

4.  That  of  ambiguity. 

5.  That  of  eioeptloD. 

But  in  hie  lat«r  ayetem  he  admits  only  three  gauraX  $tatt*  .- 
1.  The  eoujeoturaL 
%  Thedefimtire. 

8.  That  of  quality,  which  in  b.  vii.  c  4,  he  diridee  in  the  aamA 
manoer  as  oUier  rhetoricians ;  for,  in  bis  retractation,  he 
endeavours  to  prove  that  KteepiioniBnotpropsrly  ai(ate/ and 
that  biafirg/oiiT  tpeda  of  ike  legal  itatt  may  be  referred  to 
some  ODs  of  the  three  gaierai  Maiet, 
The  system  of  Cicero  respecting  itaia  is  to  be  found  in  his  Grst  book 
dt  Invenliom  Shtbyrici,  near  the  commencement. 
He  aoknowladgea  four  nUionnafory  ttate$  : 
1 .  The  conjectural,  or  that  coQoenuDg  fact. 

3.  The  definitive,  or  that  concerning  the  name  of  a  fact 
8.  That  of  quality,  which  he  divides  into 

J  iriiioh  is  either  dbtoiiitt 

or  atttunptive;  and  the  anHaj^ 


1.  The  jndicial  J 


S.  ReliUio  [THBHui,  01 
t.  Comparison. 
i.  Eiception, 
:VDd  Bre  Itgal  ilatet : 

1,  That  of  tmptuDi  ei  roltiHtat. 

2.  That  of  contradict  OFf  law*. 
8.  That  of  ambiguity. 


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CH.TI.]  EDUOATIOK  OF  AN  OIUTOB,  ^19 

with  i^uestlons  referring  to  quantity,  to  a  wholt  at  coruiitinff 
of  parti,  to  rdation,  and,  as  some  have  thoDght,  to  eompariiot, 

i.  The  ratdodnatoij,  or  ^llogum. 
B.  The  d^DitiTe. 
But  in  hu  lit  Oratart,  IL  24,  26,  To^c.  c.  21,  24,  and  Fort.  Ont  e. 
99,  he  mentiooa  only  the  diree  most  commoD  ttala  .- 

1.  Tbe  ooQJooturaL 

2.  The  definitiTa, 

3.  That  of  quality. 

The  BTBtem  of  the  writer  <ui  HtrttMinn  Donceming  Kattt  ii  Chat 
which  follows,  b.  L  0. 11,  IS. 
He  firat  of  all  I^b  down  these  thrM  genenl  jCoIm  ; 

1.  The  coDJectunJ. 

2,  The  legal. 

8.  The  judicial,  or  that  of  quality. 

He  then  ^lidea  the  legal  into  six  Bpede* : 

1.  That  of  ler^tua,  et  vtiuMku. 

2.  That  of  wiQtradiototy  lawa. 

9.  That  of  amhigoity. 

4.  That  of  deSnition. 
E.  That  t£  eioepdon. 

0.  The  ratiooinatoTy,  or  eylloginlL 
The  judicial  he  dlvidee  into  two  ipedea  : 

1.  TbeabHolnta. 

2.  The  BsaumpUTe ;  whicli  he  nibdividea  into  four ; 

1,  ConooBeion. 

2.  Stim>tio  aiaiitU. 
9.  Bdalw  cnaiuit. 
i.  Compariaan. 

The  nygtem  of  Henoogenea,  ■■  p*en  in  his  booki  da  PartltionibM, 
kthia: 
Of  eTBty  ihetorioal  qoettion  the  ifofu  is  either 

1.  One  of  ooi^ectore,  or, 

2,  One  of  defioiUon,  or, 

5.  One  of  qoali^. 
Qnali^  ia  eitiier 

1.  Batio«inatory,  shout  loniethiDg  done,  or, 

2.  Iiegal,  about  lomething  written. 
Ratioeinatory  quality  ie  either 

1.  Practloal,  about  lomethii^  to  be  done,  or, 

2.  Juridical,  about  lomething  done. 
Juridical  quality  is  either 

1,  Absolute,  or, 

2.  PreaumptiTB,  or  aaaomptive. 
AaaumptiTe  juridical  quahtv  ia  dirided  into 

1.  Bdatio,  that  ia,  retorting  on  the  aocnaer. 
%.  ComiBriaon 

6.  Banitio,  or  repelling  of  the  accnaatiw:. 


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S14  tprmiLuii.  [B.m 

the  Otoe  is  not  the  same ;  for  thej  ore  to  be  ragankxl,  not  aa 
concerning  differences  in  the  laws,  bat  h  dependent  on 
reaaoning  alone,  and  are,  therefore,  always  to  be  placed  under 
coqjectnre  or  quality ;  aa  when  we  ask  tritA  vAol  intentum  a 
person  did  anything,  or  at  what  time,  or  m  what  place.  91. 
Bui  T  shall  speali  of  particalar  questiona  when  I  proceed  to  treat 
3f  the  rules  for  division.* 

Tbia  is  agreed  among  all  writeia,  that  in  every  aimple  cause 
there  is  but  one  single  ttatt  ;\  but  that  many  questions,  which, 
aa  aecondary  points,  are  referred  to  that  in  which  the  main 
point  for  judgment  ia  contained,  may  be  comprised  in  one  and 
the  same  cause ;  (03.  I  also  think  that  it  is  sometimea  doubtful 
what  state  we  ought  to  adopt,  as  many  meoas  of  defence  are 
employed  against  one  accusation ;  and  as  it  is  said  with  regard 
to  the  colour^  of  a  statement  of  facts,  that  that  is  the  best 
which  a  apeaker  can  best  maintain,  so  it  may  be  sud  in  this 
case  also,  that  that  state  ahould  be  cboaen,  in  anpport  of  which 
the  orator  can  put  forth  most  strength ;  93.  and  accordingly, 
in  settling  a  mode  of  defence  for  Muo,  one  oonrao  found  favour 
with  Cicero,  when  he  pleaded  the  cause,  and  another  with 
Brutus,  when  he  composed  a  speech  for  Milo  by  way  of  exer- 
cise :§  OS  Cicero  maintained  that  Cbxlitu  had  been  kUUd  de- 
■    aeritdly,  at  a  lier-in-wait,  yet  wUhfnU  intention  on  the  pan  of 

L«gal  qiuUt^  ia  divided  into  qnestioni  re^aotiiig 
1.  SeripCMm  tt  mlnnfol. 
S.  Contndicb-iry  Uwb. 
8.  Theiyllogum. 
4.  Ambigni^. 

To  all  theie  be  aubjaim  eioeption,  or  ^nEXq^ic,  wliich  ha  aome- 
timea  oolU  rn^aypaf  q.' 

I  hava  «itmated  this  tcbular  view  of   rtoMi  from   C^peronier, 
becBALBe,  though  it  hod  not  encBiped  the  aaroftam  of  Bomiaim,  aa  indi- 
cating oetentatiooB  diligence,  it  nifty  be  of  great  aerrtce  to  Booh  aa 
would  thorooghly  □Qderetond,  not  only  thia  chapter,  but  man;  other    . 
tarta  of  Quintilian. 

*BookviL 

t  To  apeak  properly,  there  ia  in  every  aimple  nuie  but  one  piiainptJ 
ttatt,  though  many  other  itetet,  wliioh  we  may  call  mcideiital,  oocniri 
aad  which  are  referred  to  the  prindpal  ^att.    Oipparmier. 

1  See  iv.  2,  Se. 

f  See  1. 1,  SS  1  G,  SO.  I  have  found  no  mention  of  thia  apeei^  of 
Bnitiu  in  any  author  eice^  Quintilian.  To  a  speech  of  Bmtna  for 
Deiotania  there  la  an  allusion  in  Cicero  Brut.  o.  6,  ad  Att.  xiv.  1,  aad 
in  the  writer  of  the  Dialogue  do  Or.  o.  21 ;  It  was  delivered,  however, 
at  a  ditTsrent  time  from  that  .>f  Cicero  for  Dtiotarua.    The  writer  at  the 


L,  Cookie 


cb^TlJ  kducatioh  or  ah  orator  315 

MUa ,-  but  Brutus  even  gloned  on  behalf  of  Milo  that  be  bad 
killed  a  bad  citizen;)  91.  but  that  in  complex  causes  two  or 
three  Uat«i  may  be  found,  either  of  djfierent  kinds,  as  nhen  a 
person  denies  that  he  did  one  thin^*  and  maintains  that  he 
Tras  in  the  right  in  doing  anotber.t  or  of  the  same  kind,  as 
when  a  person  denies  two  charges,  or  all  the  charges  brought 
against  him.  96.  This  happens,  also,  when  there  is  a  question 
about  some  one  thing  wbuh  eevertd  penwns  are  tiTing  to 
obtain,  either  all  reljing  on  the  same  kind  of  claJm,  as  that  of 
relationship;  or  some  on  one  kind  and  some  on  another, as 
some  on  a  will  and  some  on  relationehip.  But  whenerer  there 
are  eeveral  claimants,  and  one  kind  of  defence  is  made  against 
one  and  another  against  another,  there  must  necessarily  be 
Beveral  kinds  of  statsi;  a»  in  the  following  sul^ect  of  contro- 
versy, the  law  standing  thus:  S6.  Let  mil*  made  according  to 
the  lava  be  valid,  het  ths  ehUdrett  o/inUttate  parmtt  bt  ktirs. 
Let  a  disinXerUed  un  poueu  rums  of  kit  father'*  properly,  X 
Let  an  iUegiiimate  ton,  if  bom  before  ffns  that  it  legitimate,  be 
to  hit  father  a*  legitimate ;  if  bom  after,  only  at  a  citizen.^  Let 
it  be  lauftdfoT  every  father  to  yiW  hit  ton  in  adoption.  Let  it 
be  laufidfor  every  ton  given  in  adopUon  to  return  into  hit  own 
famUy  if  hi*  natural  father  diet  tritAout  children.  GT.  A 
father,  who,  having  two  sons,  had  allowed  one  to  be  adi^ted 
by  another  man,  and  had  disinherited  the  other,  had  after- 
wards an  illegitimate  son,  and  then,  after  appointing  the  dis- 
inherited eon  his  heir,  died.  All  the  three  laid  claim  to  the 
estate.  (Let  me  observe  that  the  Greeks  call  an  illegitimate 
son  t66cs :  we  have  no  X.atin  term  exactly  corresponding  to 


»  of  K^ni  wu  different  from  tliat  of 
. ,      ,      ,  m  fitted  for  [dulosophiol  diBciuaioo 

than  far  pleading  cauBCB,  u  >Lm>  appeatn  finrao  QuiDtUiau  z.  1,  133. 
Compare  Cic.  ad  Att  xiv.  20  ;  it.  1.     ^KUdiiig. 

'  Here  via  be  the  alattu  coniectarala,  or  fiuii  mtatiio.    Capperonier. 

f  Here  will  be  the  dattu  guaiiiatu  atnoliUa.     Cwperonier. 

t  Whether  there  really  waa  Buch  a  law  among  ihe  Romans,  (among 
the  Oreeka  it  ii  certain  that  there  wbb,)  or  ohether  it  wai  merely  ■■■ 
Burned  in  the  BchooU  for  the  pnrpoee  of  exendse  in  declamation,  le  a 
matter  ot  diiputa  with  the  jmrueontaUi.     Sw  vii.  4,  11 ;  vJiL  t1,  8. 


1  I  say  whether  thu  wai  law  beyond  t)ie  walia  of  tt* 
■choola.  We  And  aomethiog  veiy  different  in  Papiniatiiu.  See  Schol- 
wngltta,  Joriiprud.  Ante  Just  P.  Asraii  84fi.    Spalding. 


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tl6  QunmuAir.  [bliil 

it,*  u  Cato  mtuiks  in  me  of  his  Bpeeches.  and,  tlurelbm, 
adopt  the  Greek  word.  Bat  let  ns  attend  to  oar  sabjeet.) 
0H.  To  him  who  waa  named  aa  heir  in  the  will  was  oppoeed 
the  law,  Zet  a  dtfinkerUsd  ion  potitu  none  of  hitjfalher't  pro- 
perty, and  hence  arose  the  ttale  referring  to  lehat  U  wtiae>t 
and  what  u  intended,  it  being  inqntred  "  whether  he  coold 
inherit  in  any  way?  whether  according  to  the  intention  of  tba 
father?  whether  as  being  named  aa  heir  in  the  will?"  Aa  to 
the  illegitimate  ton,  there  arise  two  considerations,  that  he  was 
bom  <^ter  the  legitimate  song,  and  was  not  bom  b^ort  a 
legitimate  one.  99.  The  first  consideration  goes  into  Uie  jyt 
U>ffum^  or  inference,  "  whether  sons  alienated  from  the  lamily; 
ere  in  the  same  condition  as  if  they  had  never  been  buni?^§ 
The  other  is  that  regarding  tnhat  u  trrittm  and  lehiU  it  tn- 
t^nd«d ;  for  it  is  admitted  that  he  was  not  bora  before  a  Inti- 
mate son ;  but  he  will  rest  bis  caose  on  the  intention  of  the 
law,  which  he  will  say  was,  that  an  ill^timate  son,  bom  when 
there  was  no  longer  a  Intimate  son  in  Ibe  fiunily,  should  be 
considered  aa  legitimate.  100.  He  will  also  set  aside  the 
written  letter  of  the  law,  by  saying  that  "  it  is  certainly  no 
detriment  to  an  illegitimate  son  if  a  legitimate  one  was  cot 
bom  after  him,"  and  will  insist  on  this  argument:  Suppose 
that  an  UUgitimate  ton  only  be  bom ;  in  what  relation  uiiU  he 
iland  to  hit  father  f  ordy  a*  a  eitixen  t  Yet  he  aill  not  be  bom 
after  a  legitimale  ton.  WW,  he  be  a*  a  eon  in  every  retpeet  ? 
yet  he  viih  not  be  bom  before  a  legitimate  ont.  ff,  therefore,  to* 
cnn  conclude  nothing  from  the  wordx  of  the  late,  we  muil  take 
our  Hand  on  the  intention  of  U.  10),  Nor  let  it  perplex  ai^ 
one  that  two  itate»\\  arise  from  one  law ;  the  law  is  two-fold, 

*  Among  the  Greeka  mtAoi  tamat  one  who  wu  bom  of  s  reputable 
fnthor  uid  >  dineputahle  mother ;  the  Latin  ipwUu,  on  the  coutraiy, 
inaiut  one  who  wu  bom  of  a  rspnbible  moUier  uid  diiirepiitabla 
fatber.  See  Isidore,  Orig.  ix.  6.  VuiooB  deTiT&tioDS  *re  given  of  tits 
word  ipuriiu,  but  >11  doubtful. 

t  The  fint  queatiou  will  be  treated  under  the  ilalm  Ugalit  whigh  la 
oiled  tlie  lyUogiBm,  u  it  doee  not  reet  on  the  eiprcos  words  of  the 
law,  hut  infera  from  lome  part  of  the  law  gomethiiig  farourable  to  the 
■natter  In  hand,      OappeTonier. 

%  Whether  by  adaption  or  hy  being  diainberited.     Capperonitr. 

i  If  10,  he  waa.  though  wAformaUy,  as  tbe7  say,  yet  iwfvally,  bom 
before  legitimate  children.     Cayptnmier. 

"  ~  -MJ^obf/one,  the  ByU<«;ijim;  the  other,  de  lervpbt  et  vOwntatt, 


D,j„..;uL,  Cookie 


CH.TL]  EDlT(UnON  Or  AX  ORATOR.  917 

tuid  has  accordingly  the  fonn  of  two  lavs.  To  the  son  vishing 
to  return  into  the  fiimily,  it  will  be  said,  in  the  fiiBt  place,  tj 
him  who  is  named  as  heir  in  the  will,  "  Thoi^  it  be  lawfiU 
for  ;oa  to  return,  I  am  still  heir;"  and  the  ttaU  will  be  the 
same*  as  in  regard  to  the  claim  of  the  disinherited  son  ;  for 
the  question  is  "  whether  a  disiuherited  son  can  be  heir  ?" 
102.  In  tile  next  place,  it  will  be  said  by  both,  (as  well  by  the 
one  who  is  named  heir  as  by  the  illegitimate  one,)  "  It  is  not 
lawful  for  you  to  return  into  the  £smily,  for  our  father  did  not 
die  withoat  children,"  But,  in  saying  this,  each  of  the  two 
will  rest  his  case  on  his  own  peculiar  ground ;  for  the  disin- 
herited son  will  assert,  "  that  a  disinherited  son  is  also  one  of 
the  children,"  and  will  draw  a  proof  of  his  assertion  from  the 
very  law  by  which  it  is  pretended  that  he  is  set  aside ;  as  it 
would  be  BuperfiuouB,  he  would  say,  for  a  disinherited  son  to 
be  forbidden  to  inherit  the  property  of  bis  &ther,  if  he  were  to 
be  accounted  bs  a  stranger,  but,  as  he  would  have  been,  by  hia 
right  as  a  son,  the  heir  of  his  father  if  he  had  died  without  a 
will,  the  law  is  now  brought  ag^nst  him,  which,  however,  does 
not  i^eveut  him  from  being  a  son,  but  from  being  an  heir. 
The  state,  then,  will  be  Uiat  of  definition:  the  question, 
"  what  is  a  son  ?"  103.  The  illegitimate  son,  on  his  part,  will 
allege  that  his  fother  did  not  die  without  children,  resting  on 
the  same  arguments  which  he  used  in  making  his  claim  at 
first,  to  show  that  he  was  a  eon ;  unless  he  also  have  recourse 
to  the  ttate  of  definition,  and  ask,  "  whether  illegitimate  chil- 
dren are  not  children?"  There  will  thus  be  in  this  one  cause 
either  two  special  legal  ttatn,  those  cf  the  UtUr  and  intmtum 
and  the  syltogitm,  besides  one  of  definititm,  or  those  three 
which  are  the  onl;t  real  and  natural  ttalei,  that  of  cotyeeturt, 
with  regard  to  the  writing  and  intention  of  the  writer,  that  of 
quality  in  the  syllogiEm,}  and  that  of  definition,  which  suf- 
ficienUy  explains  itself. 
_^  In  every  kind  of  legal  controTorsy,  too,  must  be  compre- 
.  hended  a  eatue,  a  matter  /or  judgment,  and  the  containing 
I    point,§  for  there  is  nothing  brou^t  into  question  in  which 

*  Namely,  de  mrvpto  tt  vohmtale.    C«pp«rDDieT. 
t  See  sect.  e2. 
t  SeeaeetSS. 

%  Th»  cmiJhk*^  ri  owlxo*,  that  which  contkins  the  veiy  ■nbstanee 
«r  theoann  ;  that  which  Uth«  chief  matter  in  the  cauae  to  b*  pleaded, 

D,j„.„^L,Goo^|i: 


ills  qvnrmuH.  [b.iil 

thera  is  not  bohm  rmmn,  aomething  to  which  jjdgment  is 
directed,  and  eotnetbiag  which  chiefly  contains  t£e  eubst&nce 
of  the  matter  in  question.  But  u  these  thii^  tbtj  according 
to  the  nature  of  causes,  and  as  Ihey  are  taught  hj  most  of  the 
writers  on  judicial  Readings,  let  them  be  reserved  for  the 
part*  in  irtiiob  I  sh^  treat  of  such  afbirB.  For  the  present, 
aa  I  hare  diridedf  causes  into  three  kindi,  I  shall  follow  the 
order  which  I  have  prescribed  to  mjaeU. 


CHAPTER  VII. 


Of  puiogyTia  or  InniiUtoiy  eloqamix  ;  not  wholly  disttnot  frotn  pime-   -      i 
ticu  diaoiuBian,  8   1>   2.     An  antor  dooi  not  alwafi  apeak  on  I 

doubtful  points,  3,  4.     Fui^jrio  Mimetliiua  requira  proof  and         | 
defanoa,  and  Ten  freqnentlj  unplification,   6,  6.     Pnuaa  of  the 
goda,  7— B.    Praute  of  mea  more  variad,  10,  11.    Hen  eitoUad 
for  personal  eodowmenta  mnd  fortunate  circumBtances,  12 — 14.         ' 
For  mental  qualifloaiioni,   IE,  16.    For  msmoriala  wMoh  they 
IwTe  of  themaelvea,  IT,  IS.     In  OCtunra  Om  oUm  is  rersmd.  19 —  I 

31.     Od  pnUe  of  the  living,  S3.     It  makea  a.  differaic«  where  k 
pauegf  rio  is  delivered,  3S,  31.     AdTuitage  may  be  taken  by  tha 
orator  of  the  proximity  of  oert^n  virtuea  to  certain  vices,   2S.         I 
Prdse  of  citieSi  ^aoea,  public  works,  26,  27.    What  itatg  moat 
preTuled  in  this  department  of  oratory,  38. 

1.  I  SRAix  commeuce  with  that  species  of  orator;  which  ia  i 

deroted  to  pruse  and  censnre.     This  species  Aristodel  and  ' 

Theophrastos  who  follows  him,  seem  to  have  excluded  alto-  , 

f ether  from  the  practical  department  of  speaking.^  and  to 
ave  considered,  that  its  only  object  is  to  please  the  audience, 

an  object  which  is  indeed  intimated  by  its  name  epideietie  from  I 
iriStlxm/u,  to  di»flay.     S.  But  the  usage  of  the  Romans  baa  "yA 

given  it  a  place  in  civil  transactions ;  for  funeral  orations  ar«  I 

often  a  duty  attached  to  some  public  offioe,  and  are  frequently  I 

assigned  to  the  magistrates  by  a  decree  of  the  senate  ;  and  to  I 

commend  or  censure  a  witness  is  not  without  effect  on  the  I 


ntiieaide  of 


X  Opposing  tt 

D,j„.„_,  Cookie 


OH. til]  ED0CATIOII  OF  AN   OBATOR.  StO 

result  of  trials  ;  while  it  is  lawful,  also,  to  produce  panegyriata 
on  behalf  of  accused  peraone  ;*  and  the  wtitteii  Domposilions 
pnblished  agamtt  dcero't  eompetiton.f  against  Lueitu  Piio, 
Clodiut,  and  Curio,  ere  full  of  iavecdve,  and  jet  were  received 
as  opinions  in  the  senate.  8.  But  I  do  not  denj  that  some 
discourses  of  this  kind  have  been  composed  meret;  for  osten- 
tation, as  those  in  j^raise  of  the  gods,  and  of  the  heroes  of 
former  tJmes;  a  fact  by  which  a  question  noticed  above  {  is 
solved,  and  b;  which  it  is  shovrn  that  those  were  mistaken  who 
thought  that  an  orator  would  never  speak  on  any  but  doubtful 
sutgects.  4.  Are  the  praises  of  Jupiter  Capitolinns,  a  perpetual 
Bulject  at  the  sacred  contests,  doubtful?  Or  are  they  not 
treated  in  oratorical  style  ? 

But  as  panegyric  which  is  employed  for  practjcal  purposes, 
requires  proof,  so  that  which  is  composed  for  disphty,  calls 
sometimes  for  some  semblance  of  proof;  5.  as  the  orator  who 
should  say  that  Bomulus  was  the  son  of  Mars,  and  was  nursed 
by  a  she-wolf,  would  offer  in  proof  of  his  celestial  origin,  the 
the  ailments  that,  being  thrown  into  a  running  stream,  he 
could  not  be  drowned ;  that  be  had  such  success  in  all  his 
ondertakingB,  that  it  is  not  incredible  that  he  was  sprung  from 
the  god  who  presides  over  war ;  and  that  the  people  of  those 
times  Ixtd  no  donbt  that  he  was  even  received  into  heaven. 
6.  But  some  particulars  in  such  subjects  will  be  treated  as  if 
they  required  defence  ;  as  in  a  panegyric  on  Hercules,  the 
orator  would  perhaps  apologize  for  his  change  of  dress  with  the 
queen  of  Lydia,  and  the  tasks,  as  we  are  told,  imposed  upon 
bim.  But  the  peculiar  business  of  panegyric  is  to  amplify  and  _ 
etnbeUith  its  subjects.  t 

This  kind  of  eloquence  is  devoted  chiefly  to  gods  or  men ; 
though  it  is  sometimes  employed  about  animals  and  tniugs  in 
animate.     7.  In  praising  the  gods,  we  shall,  in  the  first  place 

'  If  a  mui,  for  ioBtance,  waa  pnblidy  accustxl,  and  lutd  prsviouBly 

3 z n     .._    a  jp^jjgg  ujj^jjj  j^  jjjl^  f^m  jj  ^  j^pgjj. 

>ii  his  triid.     Sucb  deputiee  were  sent 
o  epesk  in  praiBa  of  Fuuteius.    Tumt- 

hx.     See  Cio.  in  Verr.  y.  22. 
t  QuintUina  means  the  sttacks  modeliy  Cioero  upon  CstUine  uid 

AntoniuB,   hia   competiton  for  the  conauliihip.     The  fnfmenta   that 

remain  of  them  are  called  Oratut  in  Togd  Candidd.     See  the  BiguBLBnt 

of  Asconius  Pedianua  on  tbat  onution. 

t  c.  e,  wot.  8. 


D,j,,..;uL,Cooglc 


no  QUtNTILUK.  [B.UL 

express  a  general  Teneration  for  the  tn^esfy  of  their  nature, 
and  shall  men  eulogize  the  peculiar  power  of  each,  and  such  of 
their  inrentions  as  have  conferred  benefit  on  mankind.  8.  In 
regard  to  Jupiter,  for  instance,  his  power  in  ruling  all  things 
is  to  be  extolled  ;  in  regard  to  Uars,  his  Bopremac;  in  war ;  m 
i  regard  to  Neptane,  his  command  of  the  sea.  In  respect  to 
•  inventions,  we  extol,  in  praisiitg  Minerva,  that  of  the  aria ;  in 
prtusing  Mercury,  that  ^  letters ;  in  praising  Apollo,  that  of 
medicine  ;  in  praising  Ceres,  that  of  corn  ;  in  praising  Bacchus, 
that  of  wine.  Whatever  exploits,  also,  antiquit;  has  recorded 
as  performed  by  them,  are  to  receive  their  encomium.  Parent- 
age, too,  is  &  sutgeot  of  pan^ric  in  r^rd  to  the  gods,  as 
when  any  one  is  a  son  of  Jupiter ;  antiquity,  as  to  those  who 
were  sprung  from  Chaos  ;  and  of&pring,  as  Apollo  and  Diana 
are  an  honour  to  Latona.  9.  We  may  make  it  a  sul^ect  of 
praise  to  some  that  they  were  bom  immortal ;  and  to  others, 
that  they  attained  immortality  by  their  merits ;  a  kind  of  glory  j. 
which  the  piety  of  our  own  emperor  has  made  an  honour  to  the  T 
present  age. 

10.  The  praise  of  meu  is  more  Taried.  First  of  all  it  ia 
distinguished  with  respect  to  time,  that  which  was  before  them, 
and  tbit  in  which  they  themselves  lived ;  and,  in  regard  to  those 
who  are  dead,  that  also  which  ;follawed  their  death.  Ant» 
cedent  to  the  birth  of  a  man  will  be  his  country,  pareaU,  and 
aneetton,  to  whom  we  may  refer  in  two  ways ;  for  it  will  be 
honourable  to  them  either  to  have  equalled  the  nobiUty  of  their 
forefathers,  or  to  have  ennobled  a  hnmble  origin  by  their 
achievements.  ll.Othersubjectsforenlogy  may  also  sometimes 
be  found  in  the  time  that  preceded  a  man's  birth ;  such  as 
occurrences,  for  example,  that  denoted  bis  future  eminence  by 
prophetic  indications  or  auguries ;  as  the  oracles  are  said  to 
have  foretold  that  the  son  of  Thetis  would  be  greater  than  his 
bther.  13.  The  praises  of  a  man  personally  should  be  de- 
rived from  the  qnaUties  of  his  mind,  body,  or  external  circum 
stances.  The  merits  of  corporeal  and  accidental  advantages 
are  of  less  weight  than  those  of  the  mind,  and  may  be  treated 
in  many  ways.  Sometimes  we  celebrate  beanty  and  strength 
with  honour  ofworda,  as  Homer  extols  them  in  his  Agamem- 
non and  Achilles.  Sometimes  comparative  weakness  may 
contribute  much  to  our  admiration,  as  when  Homer  says  that 
Tydeufl  was  small  of  stature,  yet  a  warrior.     13,  Fortune,  too, 


D,j„.„^L,  Cookie 


OH.VIL]  EDUOATIOK  OP  JU*  OltATOE.  291 

gives  dignity,  as  in  kings  and  priocee ;  for  in  their  conditioii 
thero  b  the  ampler  field  for  displaying  merit ;  and  among 
people  of  other  conditions,  the  less  resources  a  person  has,  the 
greater  honour  he  acquires  by  making  a  praiseworthy  use  of 
them.  All  advantages,  indeed,  which  are  external  to  us,  and 
which  have  &Uen  to  us  accidentally,  are  not  subjects  of  praise 
to  a  man  merely  because  he  possessed  them,  but  only  in  case 
he  employed  them  to  good  purpose.  14.  For  wealth,  and 
power,  and  influence,  as  they  offer  most  opportunities  for  good' 
or  evil,  afford  the  surest  test  of  our  morals ;  since  we  ere  sure  ' 
to  be  either  better  for  them  or  worse. 

16.  Praise  of  the  good  qnelities  of  the  mind  is  always  just ; 
but  more  than  one  way  may  be  pursued  in  the  treatment  of  it ; 
for  sometimes  it  is  more  honourable  to  follow  the  progress  of  a 
peison's  life  and  the  order  of  his  actions  ;  so  that  his  natural 
genius,  shown  in  his  early  years,  may  be  first  commended,  then 
his  advancement  in  learning,  and  then  his  course  of  c<mdact, 
including  not  only  what  he  did,  but  what  he  said ;  sometimes 
it  will  be  better  to  divide  our  praises  among  the  several  kinds 
of  virtues  fortitude,  justice,  temperance,  and  others,  and  to 
assign  to  each  the  honour  of  that  which  has  been  done  under 
its  influence.  16.  Which  of  these  two  methods  will  be  the 
more  eligible  for  us,  we  shall  have  to  consider  according  to  our 
subject,  keeping  in  mind,  however,  that  the  celebration  of  those 
deeds  is  most  pleasing  to  the  audience  which  the  ol^ect  of  our 
praise  is  said  to  have  been  the  first  to  do,  or  to  have  Atme 
alone,  or  with  the  ud  of  but  few  supporters  ;  and  whatever  else 
he  may  have  efi'ected  beyond  hope  or  expectation,  and  especially 
what  he  has  done  fttr  the  good  of  others  rather  than  for  his 

.  17.  Of  the  time  which  Mows  the  death  of  persons,  it  is  not 
always  in  our  power  to  treat ;  not  only  because  we  sometimes 
praise  them  wlule  they  are  still  living,  but  because  lev  occa- 
sions offer  on  which  divine  honours,  or  public  decrees,  or 
statues  erected  at  the  expense  of  the  state,  can  be  celebrated. 
18.  Among  such  subjects  for  eulogy,  I  would  reckon  monu- 
ments of  genius,  which  may  be  admired  through  all  ages  ;  tot 
some,  like  Menander,*  have  obtained  more  justice  from  the 
judgment  of  posterity  than  from  that  of  their  contemporaries. 
Children  reflect  glory  upon  their  parents,  cities  on  theii 
•  The  comic  po«l.    See  x.  1,  72  ;  Aal  Oell.  iviL  4. 


D,j„..;uL,  Google 


ftm  QUIHTILUK.  [B.nt 

bnnden,  lam  on  those  who  hare  nude  them,  arte  wi  thdr 
inventors;  and  institutions  also  on  their  authors,  as  it  vaa 
iqipoiuted  by  Numa,  for  instance,  that  we  should  worship  the 
^ida,  and  bj  Publicola  that  the  consols  should  lower  the  faaoea 
before  the  people. 

IS.  The  same  method  wQl  be  observed  in  censure,  butsoas 
to  set  things  in  a  difterent  light ;  for  meaoneos  of  origin  hoe 
been  a  disboiuur  tn  man;  ;  and  nobility  itself  has  rendered 
others  more  conspicuous  and  more  odious  for  their  vices.  To 
some,  as  is  said  to  have  been  the  case  with  Paris,  mischief 
Khich  it  was  foretold  they  should  cause,  has  produced  dislike ; 
on  others,  as  Thersites  and  Irus,  deformity  of  person,  or  mis- 
fortune, has  thrown  contempt.  In  regud  to  others,  good 
quslitiee  corrupted  by  vices,  have  rendered  them  hateful; 
Uius  we  find  Nireus  represented  by  the  poets  as  oomrdly,  and 
Fleisthenes  '  10  debaodied.  30.  Of  the  mind,  too,  there  are  aa 
many  vices  as  virtues;  and  both,  as  in  pauegyrio,  may  be 
treated  in  two  ways.  On  some  men  ignominy  has  been 
thrown  after  death :  as  on  Meeliua,  whoee  house  was  levelled 
with  the  ground,  and  Alazcus  Uanlius,  whoee  pnenomen  was 
not  allowed  to  be  borne  by  his  posterity,  31.  Of  the  vicious, 
also,  we  hate  even  the  parents.  To  founders  of  cities  it  is  an 
opprobrium  to  have  drawn  together  a  people  noxious  to  diose 
around  them ;  as  was  the  case  with  the  ordinal  author  f  of 
the  Jewish  superstilion  ;  so  the  laws  of  the  Oraoohi  brought 
odium  on  their  name ;  and  any  example  of  vice  givm  to  posterity 
disgraces  its  author,  as  that  of  the  obscenity  which  a  Persian  is 
said  to  have  first  ventured  to  praetise  with  a  woman  of  Samoe.t 
S3.  With  respect  to  the  living,  also,  the  judgments  formed  of 
tliem  by  others  are  proo&  of  Uieir  character ;  and  the  honour 
or  dishonour  shown  to  t^m  proves  the  orator's  eulc^  or  cen- 
sure to  be  just. 

S3.  Bat  Aristotle  thinks  it  of  importance  to  the  orator  to 


lute  u>d  licentioas  nun  by  ArUtopbuwo,  Ran.  67,  uid  4'25  ;  uid  by 

f  Q«Rwr  uid  Spalding  rislitly  mppoH  that  Hoaea  is  mean^  not 
Chriit,  aa  aoma  uve  imaguwd;  tor  QaintiUan  miut  aurelj  haw 
known,  aa  Qamer  remark^  that  th«  inigiii  of  the  Jews  was  of  eirUei 
data  than  the  time  of  Christ. 

j  Of  thia  no  mentioB  ia  fbaud  eliawhtre.    ^>aitUita. 


D,j„.„_,  Cookie 


CH.TU.]  1XIU0A.1I0H  or  AM -CHUTOB.  QM 

consider  the  plskw  in  which  BDjthing  is  to  be  commended  (« 
censured  ;  for  it  makes  a  great  difference  what  the  maniierB  of 
the  audience  are,  and  what  opinions  are  publicly  entertiuned 
among  them ;  as  they  will  be  most  willing  to  believe  that  the 
virtues  which  they  approve  are  in  him  who  is  eulogized,  or 
that  the  vices  which  they  hate  are  in  him  whom  we  censure. 
Thus  the  jadgment  formed  b;  the  orator  as  to  the  effect  of  his 
speech,  even  before  the  delivery  of  it,  will  be  pretty  certain. 
24.  Some  pniise  of  his  audience,  too,  should  idways  be 
mingled  with  his  remarks,  (for  it  makes  them  favourably  dis- 
posed towards  him,)  and,  whenever  it  is  possible,  should  be  so 
introduced  as  to  strengthen  his  cause.  A  panegyric  on  literary 
studies  will  be  received  with  less  honour  at  Sparta  than 
at  Athens ;  a  panegyric  on  patience  and  fortitude  with 
greater.  Among  some  people  it  is  honourable  to  live  by 
plunder*!  among  others  to  respect  the  laws.  Frugality  would 
perhaps  have  been  an  object  of  hatred  with  the  Sybarites; 
luxury  would  have  been  the  greatest  of  crimes  nmong  the 
ancient  Romans.  25.  Similar  diversity  is  found  in  individuals. 
A  judge  is  most  favourable  to  a  pleader  when  he  tbinka  that 
his  Bentiments  coincide  with  his  own.  Aristotle  also  directs, 
(a  precept  which  Cornelius  Celsns  has  since  carried  almost  to 
excess,)  that,  as  there  is  a  certain  proximity  of  virtues  and 
vicos,  we  should  sometimes  avml  ourselves  of  words  that 
apiHoach  each  other  in  sense,  s*  as,  for  instance,  to  call  a 
person  brave  instead  of  rash,  liberal  instead  of  prodigal,  fmgal 
instead  of  avariciouB ;  or,  on  the  contrary,  the  vice  may  tie 
put  for  the  virtue.  ■  This  is  an  artifice,  however,  which  a  true— r 
orator,  that  is,  a  good  man,  will  never  adopt,  nnlees  he  happen  ' 
of  to  be  led  to  it  by  a  notion  promoting  the  public  good. 

36.  Cities  aro  enlc^jized  in  the  same  way  as  persons ;  for  their 
founder  is  to  be  considered  as  their  parent ;  and  antiqui^  con* 
fers  much  digni^  on  their  inhabitants ;  as  we  see  in  re^rd  to 
people  who  are  said  to  be  sprung  from  the  soil  of  their  countiy. 
In  their  transactions  there  are  the  same  virtues  and  vices  as 
in  the  conduct  of  individuals.  Some  have  peculiar  advantages 
to  be  noticed,  as  in  their  situation  or  defences.  Citizens  may 
be  an  honour  to  them,  as  children  to  parents. 

37.  Encomiums  may  also  be  bentowed  on  pnblic  works,  in 
respect  to  which  magnificence,  utility,  beauty,  and  the  architect 

■  See  Thueyd.  i.  E:  H'>in.  OdrM.  lU.  71. 


L,  Google 


394  Q17IMTILUF.  [am 

of  tbein,  are  commonly  considered.     MagoificeDce.  as  in  . 
temples ;  udlity,  as  ia  w^s ;  beauty,  and  the  tirchit«ct,  in  both. 

Panegyrics  on  places  are  also  found  ;  as  that  on  Sicily  in 
Cicero*;  in  which  we  regard,  in  like  manner,  beauty  and 
Utility ;  beauty  in  maritime  regions,  plains,  and  pleasant  spots  ; 
utility,  in  respect  to  healthful uess  or  fertility  of  soil.  There 
is  a  kind  of  general  praise,  too,  for  honourable  sayings  or 
ar.tions.  S8.  There  is  pruse,  indeed,  for  thii^  of  every 
kind ;  for  eulogies  have  been  written  on  sleep  and  death,  and 
by  physicians  on  certcdn  sorts  of  food. 

While  I  do  not  admit,  therefore,  that  this  landatory  depart- 
ment of  oratoty  relates  only  to  questions  concerning  what  is 
honourable,  I  think,  at  the  same  time,  that  it  is  chiefly  com- 
prised xmier  qualiti/i:  though  certainly  all  three  states  t  may 
enter  into  this  kind  of  composition,  and  Cicero^  has  observed 
that  C^us  Cesar  liaa  availed  himself  of  (hem  in  his  invective 
on  Cato.  But  the  whole  of  panegyrical  oratory  bears  some 
resemblance  to  deliberative,  because,  for  llie  most  part,  that 
vbich  is  recommended  in  the  one  is  praised  in  the  ouier. 


CHAPTER  VIII. 


kind  of  eiordiun 

The  puiions  to  b«  mavad,  12,  13.  Whether  it  ulely  conoema 
«f^n  of  govemment,  H.  Tt^t  a  thing  can  be  done,  is  cither 
certain  or  unoertain,  17—21.  The  tlirea  topics  of  pereuasioa, 
22 — 28.  Soma  do  not  digtinguiah  topics  from  divuioiui  of  topics, 
S7,  2S.  The  pleuiog,  the  useful,  and  the  honourable,  29—85. 
Use  of  examples,  S3,  37.  Haw  things  that  are  honourable  mav 
be  reaonmieiided,  and  ai.metdmte  such  aa  are  at  yaiiance  witb 
boDoor,  38 — 47.  Authority  of  the  speaicer,  48.  Proscpopein,  49 
—61.  In  tlie  BchuoU  delibentlTe  subjects  hare  a  great  re- 
■•mblanoe  to  oontrovei'sies;  G2 — S7.  An  error  into  which  de- 
claimtts  bU,  13 — 6fl.    Adrantage  of  reading  history,  67 — 70. 

i  AU  surprised,  also,  that  deliberative  oratory  is  confined 

•  Verr.  ii  1,  ttqq. ;  bIbo  iv.  48. 

t  The  rtoCe  of  quality,  which  refers  not  lew  to  what  ia  hononnbb 
ttuin  to  what  is  juat.     Capperonier. 
t  Those  of  oot^ectuie,  quality,  and  deSni^ML     Cafptromtr, 
I  Topic  o.  2S. 


Digiiizcdt*  Google 


ca.  vm.]  BDooATion  or  txf  outoh.  iil 

hj  Boroe  authors  wholly  to  matten  of  ntilitj.  If  we  ought  to 
follow  one  sole  olgect  in  it^  the  opinion  of  Cicero  '  would  havi  ' 
greater  wei^t  with  me,  who  thinks  that  this  department  of 
Epeaking  is  chieflj  occupied  about  what  is  bononrablef.  Nor 
do  I  doubt,  indeed,  that  those  who  adopt  the  former  opinion, 
consider,  according  to  a  verj  noble  principle,  that  nothing  i| 
advantageous  but  what  is  honourable.  3.  Thiis  notion  would 
certainlr  be  very  just,  if  the  resolutions  of  the  good  and  wise 
were  always  roidy  to  support  ne.  But  in  addressing  the 
unlearned,  to  whom  our  opinions  must  often  be  delivered,  and 
especially  in  haranguing  the  people,  the  minority  of  whom  are 
^orant,  the  two  must  be  kept  distinct,^  and  we  must  speak 
more  in  conformity  with  ordinary  apprehtmsion.  3.  For  tlier« 
are  many  who,  though  they  may  consider  an  action  to  be  honour- 
able, do  not  immediately  allow  it  to  be  sufficiently  advanta- 
geoua,  and,  led  by  the  prospect  of  advantage,  approve  what 
they  cannot  doubt  to  be  highly  dishonourable,  as  the  treaty 
widi  the  Nuuantines  S  and  the  paasii^  under  the  yoke  at  the 
defile  of  Caudium-ll 

4,  Nor  is  it  sufficient  to  include  deliberative  oratoiyf  in  the 
$tate  of  quality,  in  which  is  comprised  the  question  of  what  is 
honourable  and  what  is  useful ;  for  often,  in  respect  to  these, 
there  is  room  for  coi^ecture ;  at  times  some  definition  is  to  be 
considered;**  and  occasionally,  too,  legal  inquiries  ft  may  occur, 
especially  in  reference  to  private  proceedings,  if  ever  a  doubt 
arises  wheAtr  a  thing  be  Utwfvi.  Of  ooi^ecturo  I  shall  speak 
more  fully  alittlebelow^t  6.  As  to  definition,  meanwhile,  Uiere 
is  this  question  in  Demosthenes,  "  Whether  Philip  should  give 
in:rMtore§§  Halonnesus  to  the  Athenians?"  and  in  Cicero,  in 

■  Dt  Ont.  IL  82. 

f  JKjfmlote.]  That  i^  himatait.    CftppenmiaT. 
i  We  murt  not  ipcak  of  that  which  is  honaonble  •■  bcdng  bmm- 
■anlvadruitagAoiu. 

S  Flonii,  iL  18  ;  VelLPttaW. 

I)  IdT.  ix.  1—11. 

1  Eai.}  3c.  ddiberativat,  which  ocetm  »t  the  iMginniiig  of  tlia 

Hut  ii,  it  in*y  oflan  come  under  the  ilatia  eonjaclnriillt  ot  ttoAii 


■f  IitgiAl—lraelaim.']'Tb».ti*,kgalt$mitftime*oritattu.  Capparonira. 
K  Sect.  Ifl,  17. 

tS  "  The  uluid  of  HbIohdmiib  wu  uldentl;  held  by  the  AthMii*na 
but,  lit  the  tJma  of  Philip,  wu  occupied  tr^  pint«^  wbom  Philif 


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iS6  QOIHTILIIM.  [am. 

his  Philippics,  "  What  is  a  tumult?"*  Is  there  not,  too,  the 
question,  similar  to  those  in  judicial  causes,  aboot'the  statue  of 
Sen'ius  Sulpiciue,  "  whether  atatuefl  are  to  be  erected  to  those 
only  who  perish  on  an  embassy  by  the  sword  ?  'f  fl.  The  delibe- 
rative department  of  oratory,  therefore,  (which  Is  also  called  the 
suasoiy,)  while  it  consults  concerning  the  future,  inquires  also 
into  the  past.  It  has  two  objects,  to  pertuade  and  to  diuuade. 
An  exordium,  such  as  is  usual  in  judicial  pleadings,  it  doea 
not  require ;  because  whoever  consults  an  orator  is  already 
well-disposed  to  hear  him.  Yet  the  commencement,  whatever 
it  be.  ought  to  have  some  resemblance  to  an  exordium  ;  for  we 
must  not  begin  abruptly,  or  with  whatever  we  may  fiuicy, 
because  in  every  subject  there  is  something  naturally  firet. 
T.  In  speaking  before  the  senate,  and,  indeed,  before  the 
people,  the  same  oljject  is  to  be  kept  in  view  as  in  addresaidg 
judges,  namely,  that  of  securing  the  goodwill  <rf  the  m^ority  of 
those  to  whom  we  apeak.  Nor  ia  this  to  be  thought  surprising, 
when  the  favour  of  the  audience  ia  sought  even  in  pane- 
gyrics, where  the  purpose  is  not  to  attain  any  advantage, 
but  merely  to  bestow  praise.  8.  Aristotle,  indeed,  and  not 
without  reason,  tiiinks  that  we  may  often  commence,  in 
deliberative  speeches,  with  an  aDusion  to  ourselves,  or  to  the 
character  of  him  who  differs  in  opinion  from  ns  ;  borrovring 
this  method,  as  it  were,  from  judicial  pleadings  ;  sometimes  in 
auch  a  manner,  that  our  subject  may  be  n^e  to  appear  of 
leas  or  greater  importance  tlutn  our  audience  imagine  it.t  9. 
In  panegyrics,  be  thinks  that  the  exordium  may  be  allowed 
the  utmost  latitude ;  mnce  it  is  sometimes  taken  from  something 
foreign  to  the  suUect,  as  Isocratea  has  taken  his  iu  his  oration  in  ' 
praise  of  Helen  ;{  or  from  something  bordering  on  the  subject,    ] 

ejscted  from  it,  but,  when  the  Athemani  uked  for  poaMwiioD  of  tt,  ha  i 
refused  to  give  it  tham,  mTing  that  it  wu  hU  oirn.  Tbe  ipeech 
ezhorte  the  AtbenUiiB  not  XofiSdviiv  a^qv,  dXA'  ixoXaiiSai'iiv,  not 
to  receive  it  u  given,  bnt  u  restored  to  them."  Libuiin^B  Ailment 
t-1  tbe  speech  of  Demoetbeuei  oonoomiiig  HalolmaEaa.  Sea  .^sch. 
igaicBt  Ctaaiphon,  p.  66,  ed.  Steph.     Spiddinff. 

*  PhilippL  viii.  1,  2.  The  eensta  deliberated  whether  they  should 
ctkU  the  hostile  operationi  igiuut  Hark  Antony  s  icS«n  or  a  lumvilut. 

■f  Philipp  iz.  ] .  Snlpioiiw  wti  sent  OD  ui  imbas*;  to  Huk  Antony, 
and  being  nnwell  at  the  time,  and  it  being  wintar,  aufftoed  so  muMl 
jrom  the  jannn;  tiut  be  died. 

t  Bhot  iiL  14,  11. 
l*oct«t«*   eommcDoel   with    remult    on    llie    rhetortcluM    anj 


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Oa.VUI.]  BDCCATIOM  OP  AS  ORATOR.  287 

aa  the  aame  orator,  iu  hie  Panegyric,  complains  that  "  more 
honour  js  paid  to  the  good  qualities  of  tbe  body  than  to  those 
of  the  mind ;"  and  as  Gorgiae,  in  his  oration  at  the  Olympic 
games,  extols  those  who  first  instituted  such  meetings. 
Sallost,  following,  doubtless,  the  example  of  these  orators, 
has  commenced  his  histories  of  the  Jugurthine  War  and  the 
Conspiracy  of  Catiline  with  introductions  having  no  relation  to 
his  uarratiyes.  10.  But  I  am  now  to  speak  of  deliberative 
oratoiy,  in  which,  even  when  we  adopt  an  exordium,  we  ought 
to  content  ourselves  with  one  that  is  e^ort.  resembling  as  it 
were  au  initdal  chapter  or  statement. 

Ab  to  a  r^lar  statement  of  facts,  a  prival«  snbject  of  dis- 
cussion will  never  require  it,  at  least  a  statement  of  the  matter 
on  which  an  opinion  is  to  be  given  ;  for  no  man  is  ignorant  of 
the  particulars  ou  which  he  consults  others.  11.  Statements, 
however,  of  many  external  circumstances  relative  to  the  sub- 
ject of  deliberation  may  be  mtrodueed  In  deliberative 
addresses  to  the  people  a  statement  setting  forth  the  orde. 
of  circumstances  is  indispensable.  13.  Deliberative  oratory  \ 
requires  appeals  to  the  feelings  more  than  any  other  kind  of 
eloquence  ;  for  indignation  la  often  to  be  kindled  and  allayed  ; 
and  the  minds  of  the  audience  are  to  be  moved  to  fear,  eager- 
ness, hatred,  benevolence.  Sometimes,  tou,  pity  is  to  Iw 
excited,  whether  wo  have,  for  axample,  to  recommend  that  aid 
be  given  to  a  besieged  town,  or  whether  we  be  called  upon  to 
lament  the  overtlirow  of  a  people  in  alliance  with  us. 

13.  But  what  is  of  most  weight  in  deUberative  speeches  is 
authority  in  the  speaker ;  for  he  who  desires  everybody  to 
trust  to  his  opinion  about  what  is  expedient  and  honourable, 
ought  to  be,  and  to  be  esteemed,  a  man  of  the  greatest 
judgment  and  probity.  In  judicial  pleadings  it  is  commonly 
thought  allon-able  for  a  man  to  indulge,  in  some  degree,  his 
own  feelings  ;  but  every  one  supposes  that  counsel  is  given  by 
a  speaker  in  accordance  with  his  moral  principles. 

14.  Most  of  the  Greek  rhetoricians  have  been  of  opinion  < 
that  the  bnuness  of  all  this  kind  of  oratory  is  with  addresses 
to  the  multitude,  and  have  confined  it  wholly  to  affairs  of 
government.     Even  Cicero  *  conudera  itchieflj  with  reference 

■ophiits,  who  lued  to  tnat  of  abanrd  and  trifliiv  nwtlen  in  t^<  ir 
>peach«a.     T%nietni4. 
•  D«  Orat.  ii.  81—88, 

DigiLzcdt^GoOgle 


3-39  QUINTILIAir.  [B,nL 

to  that  department,  and  accordingly  sajs  th&t  for  those  who 
iro  to  give  advice  coBceming  peace,  war,  levies  of  troops, 
public  works,  or  revenaes,  the  two  things  diiefl;  to  be  known 
are  the  rMoiNvw  and  (&«  marmm  of  tht  pwph  whom  they 
address ;  so  that  his  aifpimenta  may  be  derived  at  once  from  the 
pardeular  circnmst&noea  and  &om  the  character  of  hie  hearers. 
IS,  To  me  it  appears  that  there  is  greater  variety  in  this  field 
of  eloquence ;  lot  the  classes  of  persons  who  consult,  and  the 
kinds  of  advioe  that  may  be  given,  are  extremely  numerous. 

In  peraoading  and  dissuading,  then,  three  particttlara  are 
chiefly  to  be  leguded  :  lehat  it  dU  tuijtet  of  ii»W)«ratitm ;  who 
thou  that  ddihtrtUt  are ;  and  what  u  the  character  of  him 
that  wouU  iitjiitence  their  deWMratioru. 

16.  Astodiatwhichisthesul^ectof  delibeFatioi),  it  is  either 
certain  that  it  may  be  carried  into  effect,  or  uncertain.  If  it 
be  ancertain,  its  uncertainty  will  be  the  sole  point  for  conside- 
ration, or,  I  should  say,  the  chief  point,  for  it  will  often  h^>pen 
that  we  shall  assert,  first  of  all,  uiat  a  thing,  even  if  it  could 
be  done,  ought  not  to  be  done,  and,  next,  that  it  cannot  be 
done.  But  when  the  question  is  respecting  something  uncer- . 
tun,  the  point  is  cotgectaral,*  as  whether  the  Itthmvt  can  be 
cut  through,  or  the  Pontine  marthe*  draiitedif  or  a  haTitour 
made  at  Ottia  fX  Or  whether  Ak»ander  mt$  Ukdy  to  find 
lande  bei/ond  the  oeeant&  IT.  But  even  in  regard  to  things 
which  are  acknowledged  to  be  practicable,  there  will  some- 
times be  room  for  coqjectnre :  as  if  it  were  inquiied,  for 
instance,  wk^her  it  would  ever  haj^>in  that  the  Rontam  mndd 
ntbdue  Carthage;  whether  Hannibal  would  return  ^  Seipio 
traruporUd  Ail  army  mto  Africa ;  whether  the  SamnUet  would  . 
keep  faith  if  the  Eomane  were  to  lay  down  their  amM.§  As  to 
some  things,  too,  it  is  credible  both  that  thev  can  be  done, 
and  that  they  will  be  done,  but  at  eome  other  time,  or  tit  tome 
other  place,  or  in  tome  other  manner. 

Ih.  Where  there  is  no  place  for  coi^ecture  other  points  are 

■  OxveOan  at  ]  Hut  la,  ttatut  amjeOttraliM,  or  faeti  qmatia.  Cap- 
peroaier. 

t  Respecting  both  these  nndcrtakiiu;^  oee  Suet.  Can.  c  14;  Calig. 
a  21  ;  Kero,  o.  19.  Od  digging  thn>ag£  the  Isthmus,  then  is  a  litUe 
treatise  attribntsd  to  Luciui.    Sp<Uding. 

iSse  iL  21,  18. 
See  the  Ant  of  the  Sitatoria  of  tS 
V  At  tlie  Fitrea  Caudina ;  see  sec 


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CH.  Tm.]  IDDCIATIOM  07  AIT  ORATOK.  329 

to  be  regarded.  In  the  fiist  place  the  deliberaUon  will  be 
held,  either  on  account  of  the  matter  itself,  on  which  opinions 
are  asked,  or  on  account  of  some  extrinsic  reasons  that  affect 
it.  The  senate  deliberates,  for  example,  with  regard  to 
the  matter  itself,  when  the;  consider  wheth^  theff  ihall 
'  vote  pay  for  the  army.*  19.  This  is  a  simple  question. 
Reasons  are  adduced  for  doing  a  thing,  as  when  the 
senate  deliberates  vihethtr  they  tkall  deliver  up  the  Fabii 
to  du  Qauls  threatening  irar.'t  or  for  not  doing  it,  as  when 
Julius  CEesor  deliberates  vhtUier  he  thail  penitt  in  marching 
into  Germany,  when  his  soldiers  were  everywhere  making 
their  wills.}  30-  These  two  questions  offer  more  than  one  point 
for  consideration  ;  for  as  to  the  former,  the  reason  for  delibe> 
rating  is,  that  the  Qauls  are  threatening  war,  but  a  question 
may  also  be  raised,  lehether  even,  without  tuck  threatening, 
thote  ought  not  to  have  been  given  up,  vho,  being  teat  om  ambaa- 
tadort,  had  engaged  in  hoMe  contrary  to  law,  and  had  killed 
the  king^to  tchom&ity  had  received  eommumca/iont  f  31. 
As  to  the  other  subject,  Ctesar  would,  doubtless,  not  have  deli- 
berated at  all,  if  it  had  not  been  for  the  consternation  of  his 
troops ;  yet  there  is  room  for  inquiring  whether,  independently 
of  that  eirdtnitlanee,  it  would  have  been  proper  for  hita  to  pro- 
ceed into  Oermany.  But  we  most  always  speak  first  on  that  ^ 
point  which  might  be  a  subject  for  deliberation  even  if  other 
circumstances  were  detached  from  it 

33.  Some  have  tboi^bt  that  the  topics  for  persuasion  are 
the  three  considerationB  what  it  honourable,  what  it  ateful, 
and  yihat  it  neeettary.  For  tlie  introduction  of  the  third 
I  find  no  motive  ;|]  for,  when  any  force  oppresses  us,  it 
may  be  necessary  for  ns  to  nffer  something,  but  certainly  not  / 
to  do  anything  ;  bnt  it  is  about  doing  that  deliberation  is  con-  /_ 
cemed.  S3.  Or  if  they  call  that  necessity  to  which  men  ore 
driven  by  the  fear  of  some  greater  evil,  the  question  respect- 

*  LiT7,  T.  56,  relaUa  that  the  wnate  d«oreed  pay  for  Uie  ■oMien 
flrom  the  public  treuory,  th«7  baTiDE  pnrioiul;  mpported  themBelTct 
in  the  fieU  at  their  own  txpeou ;  %  A»ent  which  wu  verf  plcasiiig  tn 
the  paoi^e.    IWiu6m. 

t  Livy,  T.  8a 

i  At  the  lime  when  he  wu  going  to  niarok  agaiut  Arioriatiu :  CcM 


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280  QOTNTn.r4ir.  [Ria. 

ing  it  nill  be  one  of  expediency ;  »3  1/  the  inhabUanti  af  a 
beaiegtd  city,  inferior  in  numbert  to  the  betteperi,  and  in  want 
of  water  and  provi»ions,  deliberate  about  ntrrendering  to  the 
eneniy,  and  it  be  said,  that  it  it  neceuary  for  them  to  surcender, 
it  must  be  added,  for  otherwise  they  maat  be  detlroyed,  and  thus 
it  appears  that  it  is  not  neceteary  for  tbom  to  surrender,  tor  the 
verj  reason  that  thej  may  be  destroyed  if  they  prefer  to  submit 
to  destruction.  In  fact,  the  Saguutines*  did  not  surrender,  nor 
those  who  nere  surrounded  in  the  Tcsse)  of  Opitergiuni.t  34.  In 
•uch  circumstances,  therefore,  the  question  will  be  either  con- 
cerning expediency,  alone,  or  there  will  be  hesitation  between 
what  is  expedient  and  what  is  honoomble.  But,  it  may  be 
said,  if  a  man  wishes  to  have  children,  he  is  ander  the  necet- 
titg  of  taking  a  wife.  Donbtlesa  ;  but  he  who  wishes  to  hetTe 
children  must  first  be  convinced  that  he  ot^ht  to  take  a  wife ; 
3S.  and  consequently  tbere  appears  to  me  to  be  no  place  for 
deliberation  when  there  is  necessity,  any  more  titan  when  it  is 
settled  that  a  thing  cannot  be  done ;  for  all  deliberation  is 
about  something  doubtful.  Those,  therefore,  have  made  a  better 
distinction  who  have  called  the  third  head  Sutarir,  which  our 
countrymen  term  poteibile,  "  possibility ;"  and  though  our  Latin 
term  may  seem  unconth,  yet  it  is  the  only  one  to  be  found 

36.  That  these  three  considerations  do  not  enter  into  every 
subject  of  deliberation  ia  too  evident  to  make  it  necessary  for 
me  to  demonstrate.  Yet  by  most  writers  the  number  is 
increased ;  for  things  are  reckoned  by  them  as  general  con- 
siderations vchich  are  but  epecial  ottjects  for  notice ;  since  what 
is  lawful,  just,  pious,  equitable,  and  merciful,  (^mastuetum,  for 
so  they  interpret  ri  fi/ii^i,)  and  whatever  else  may  be  added 
of  a  similar  character,  may  be  included  under  what  »  honor- 
able. 37.  Whether,  again,  a  thing  be  easy,  important,  plea- 
sant, or  free  from  danger,  belongs  to  the  consideration  of 
rxpedieney.  These  particular  points  for  consideration  arise 
from  what  is  said  in  reply  to  us  by  our  opponents  :  It  is  indeed 
expedient,  but  it  ii  difficult,  of  little  importance,  vvpleasdnt, 
and  dangerous.  38.  Yet  some  think  that  deliberation  at  times 
oecurs  concerning  agreeablenets  merely ;  as  when  a  consnlta- 
tiou  is  held  about  the  erection  of  a  theatre,  or  the  institution 

•  Liv.  xiL  U  ;  Sil,  Ital.  ii.  896. 

t  See  Flor.  iL  SS;  Lucan,  iv.  4S2  teqj.     They  put  ens  another  ta 


D,j„..;^L,Coo^k 


Cn.VniJ  BDDCA.TION  OF  AN  OBATOB.  391 

of  games ;  but  I  do  not  suppose  that  an;  num  is  so  tutallj 
given  up  to  plcBBure  as  to  look  in  a  subject  far  deliberation  to 
nothing  but  gratification.  SO.  For  there  must  always  be  some-  i 
thing  that  i£ouId  be  thoiJ^ht  of  higher  consideration ;  as  in-  ' 
regard  to  games,  the  honour  of  the  gods ;  in  regard  to  the  erec- 
tion of  a  dieatre,  useful  relaiation  from  labour,  and  the  unbe- 
coming and  inconvenient  contention  for  places  among  the 
crowd,  if  there  should  be  no  theatre ;  and  religion,  at  the  same 
time,  will  have  its  place  in  the  cODSi4eration,  as  we  may  call 
the  theatre  a  tempK  as  it  were,  for  the  festival  solemnized 
there  to  the  gods. 

30.  Often,  too,  we  aa;  that  advantage  is  to  be  disregarded, 
in  order  that  we  ma;  do  what  is  honourable ;  (as  when  we 
counsel  the  people  of  Opitergium  not  to  surrender  themselves 
to  the  enemy,  though  they  will  perish,  unless  they  do  so  ;)  and 
sometimes  we  may  have  occasion  to  set  what  is  honourable 
below  nhat  is  advantageous;  (as  when  we  advise,  as  in  the 
second  Punic  war,  that  the  slaves  should  be  armed;*)  31. 
thoi^h  even  in  the  latter  cai>e  we  must  not  altt^ether  admit 
that  the  proceeding  is  dishooounible ;  (for  we  may  say  that  all 
men  are  free  by  nature,  and  are  formed  of  the  same  matter, 
and  that  some  even  of  the  slaves  may  be  descended  from 
noble  ancestors;)  and,  in  the  former  ci'^e,  when  the  danger  is 
evident,  other  considerations  may  be  alleged,  as  we  may  assert 
that,  if  they  surrender,  they  may  perish  even  more  cmelly, 
should  the  enemy,  for  instance,  not  keep  their  word,  or  should 
Cfesar,  as  is  more  probable,  obtain  the  superiority.  32.  But 
considerations  which  are  so  much  opposed  to  one  another,  ai'e 
frequently  softened  by  some  alteration  in  the  words ;  for  expe- 
diency itself  is  altogether  set  at  nought  by  that  sect  f  who  say 
not  only  that  what  is  honourable  is  always  preferable  to  whiit 
is  expedient,  but  that  nothing  can  even  be  expedient  which  i» 
not  honourable ;  while,  on  the  other  hand,  what  we  call 
honourable,  another  sect  %  calls  vain,  ostentatious,  foolish,  aud 
more  commendable  in  words  than  in  reality. 

88.  Nor  is  what  is  advantageous  compared  only  with  what 
is  disadvanU^eous,  but  things  that  are  advantageous  or  disad- 
vantageous are  compared  with  one  another ;  as  when  we  try  to 

•  AttTT  the  battle  of  Ctmm :  Plorns,  ii.  6 ;  Livy,  iziL  B7. 

f  The  Stoics.    OaHOai. 

i  The  EpicureuiB.    GaUceut. 


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333  quiHTauH.  [B.nL 

determine,  of  two  adTanti^eoiiB  meMnres,  which  ia  the  mon 
adTantageoua,  or  of  two  th&t  are  diBadnntageoaa,  which  is  the 
less  BO.  The  difficnltj  may  be  still  increased  ;  fbr  Mtmetimea 
three  snljects  for  deliberation  may  present  IhemselTes ;  as 
when  Fompey  deliberated*  whether  he  should  betake  himsel/ 
to  FarCbia,  or  Africa,  or  Egypt.  Thua  it  is  not  only  inquired 
which  of  two  conrses  is  preferable,  bat  which  is  the  most  eligi- 
ble of  three.  34.  In  qnestions  of  this  kind,  there  will  nerer 
occur  any  doubt  as  to  a  matter  which  is  ereryway  in  o«r 
fsTOnr ;  Uit  yibm  there  is  no  room  for  speaking  gainst  a 
measure  what  motive  can  there  be  for  hesitating  abont  it  ? 
O^  Thus  every  subject  for  deliberation  is  generally  nothing  else 
'^-but  a  subject  for  comparison ;  and  we  mnst  consideT,  both 
tthal  ve  would  aUain  and  bg  what  meant,  so  that  we  may  form 
an  estimate  whether  there  it  greater  advantage  m  that  which  we 
purtne,  or  greater  ditadvantage  in  the  meant  hff  which  we  purine  it. 
35.  A  question  of  advantage  may  also  have  reference  to  time : 
it  it  expedient,  but  not  luw  ;  or  to  place :  not  here ;  or  to  per- 
sons :  not  for  nt,  or  againtt  thete  ;  or  to  a  particular  mode  of 
proceedii^ :  not  ihni ;  or  to  measure  '.not  to  to  great  a  degree. 
But  we  have  still  more  frequently  to  take  personsf  into  eou- 
sideiatioa,  with  a  view  to  what  may  be  becoming;  a  point 
which  is  to  be  rented  in  respect  not  only  to  outselves  but  to 
those  also  who  consult  us.  36.  Though  examples,  therefore, 
are  of  llie  atmoet  effect  in  deliberative  oratory,  because  men 
are  most  easily  led  to  consent  to  any  measure  by  instances  of 
similar  proceedings,  yet  it  makes  a  great  difference  vhote 
authori^  is  adduced,  and  lo  whom  it  is  recommended  ;  for  tho 
feelii^  of  those  who  listen  to  deliberative  speeches  are 
various.  87.  Our  audience  may  be  also  of  two  kinds ;  for 
those  who  consult  us,  are  either  many,  or  single  individuals  ; 
and,  as  to  each,  distinctions  are  to  be  made ;  since,  with  r^rd 
'  to  a  number  of  persons,  it  makes  a  great  difference  whether  they 
are  a  tenate,  ora  people,  whether Aohmm*,  or  Fideitalet,  whether 
Creekt,  or  Barbarian*  ;  and,  in  respect  to  individuals,  whether 
we  reoommend  that  public  ofGces  ^ould  be  sought  by  Cato  or 
by  Caiut  Marint,  and  whether  Seipio  the  elder,  or  Fabiut  con 

■  Aftar  th«  btttle  of  Fbunlia ;  we  Plntirch.  Vit.  Fomp. ;  Looa^ 
viiLSMwg^ 

f  Ha  now  oitnm  on  tlis  tMDad  part  of  ths  diviiion  which  be  nuda 


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*m.yva.]  xDucAnon  or  ah  obatob.  339 

milt  witb  us  OB  the  mode  of  oondncting  a  war.*  3B,  We  must 
in  like  manner  look  to  box,  dignity,  and  age.  But  it  is  the 
character  of  our  hearers  that  ahoald  lead  us  to  make  the  chief 
difference  in  our  addresses  to  them.  To  recommend  bonour- 
sble  measures  to  those  who  are  honourable  is  extremelj  easy  ; 
but  if  we  ever  bnve  occasion  to  enforce  a  right  course  of  con- 
duct on  the  unprincipled,  we  must  be  careml  not  to  reproach 
them  with  th^  opposite  nature  of  their  life.  30.  The  minds 
of  such  an  aodience  are  to  be  infiuenced,  not  by  dissertations 
on  the  nature  of  virtue,  for  which  they  have  no  r^ard,  bat  by 
allnsons  to  hononr,  and  to  the  opinion  of  others,  and  if  snch 
ailments  to  their  vanity  do  not  move  them,  by  showing 
the  advanttwe  likely  to  follow  from  what  you  advise,  or  rather 
perhaps,  and  with  more  effect,  by  showing  them  how  mnch  is 
to  be  dreaded  if  they  act  otherwise.  40.  For  besides  the  fact 
that  minds  of  the  lightest  principles  are  most  easily  alarmed, 
I  know  not  whether  the  fear  of  evil  has  not  naturally  mora 
influence  with  the  majority  of  mankind  than  the  hope  of  good  ^^j 
ia  whom  also  the  knowledge  of  what  is  vicious  comes  with 
greater  &cili^  than  the  knowledge  of  that  which  b  rirtuous. 
4 1 .  Sometimee  also  actions  which  are  scarcely  honourable  are 
recommended  to  the  good  ;.  and  to  those  of  a  rather  opposite 
character  are  proposed  measures  in  which  nothing  but  the 
advanti^  of  thoee  who  seek  the  adrice  is  regarded. 

I  am  well  aware  what  sort  of  reflection  may  at  once  occur 
to  the  reader  of  this  passage.  "  Is  this,  then,"  he  ma;  ask, 
"  the  practice  that  you  recommend  ?t  and  do  you  think  it 
right?"  49.  Cicero  might  BbsoWe  me,  who  writes  in  the  fol- 
lowing manner  to  Brutus,}  (after  mentioning  many  courses  of 
conduct  which  might  be  fairly  recommended  to  Cnsar,§) 
thould  I  act  at  an  konett  maw,  if  I  thoutd  recommend  tkett 
meaturetf  Certainly  boI;  for  the  proper  ahjeet  of  nii  adtmr 
it  the  advantage  of  him  whom  he  advitei.  But  the  meature§ 
ore  righL    Who  tayt  otherm*e  f    B*t  is  giving  advice  there  i» 

*  Id  livy,  izzTlii  40,  SdpiD  kod  EkUn*  deHbanta  on  tha  taoda  c4 
condncting  Uu  wmr  uuuat  CarUuga ;  Sinda  raoomnHndi  Uiat  It  ba 
tmuferrad   Into    AMoa;    FUdu^  that    it    ba  canied  on  in  Italy. 


.  _  ^ „)  TaiT  dmilar  to  that  in  down  pro  CmUo,  i,  17:  Mat 

igilmralluadueipiimtlfi.    Sea  is.  3.  16.    BpMinf. 
t  The  letter  ia  net  astutt.    Oojfptroaiir. 

I  Augnttu* 


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SM  QBcnnjAV.  [B.m. 

not  ahvagi  room  for  whmt  it  rigid.  Aa  this  tfoettMu,  however, 
ia  of  m  deeper  Batnre,  sod  does  DM  concern  deliberedve 
speeches  onij,  the  sabject  is  reserved  by  me  for  mj  twelfth 
book,*  which  will  be  mj  Ust.  43.  I  should  not  wish  su^rthing 
to  be  done  diahononrsblj  ;t  ■''^i  ui  the  mesntime,  let  these 
questioDB  be  considered  to  belong  at  leMt  to  the  exercises  at 
the  schools ;  for  the  natore  d  what  is  bad  should  be  known, 
that  we  may  the  better  support  what  w  good. 

41.  If  anj  one,  howsTer,  recommend  to  a  good  man  anj- 
tbii^  not  quite  honooiable^  let  faim  remember  not  to  recom- 
mend it  at  duhvnomr^le,  in  the  manner  in  which  some 
declaimers  urge  Seztns  Pompey  to  engage  in  piracy,  for  the 
veiy  reason  that  it  is  nebrtons  and  cruel ;  bat  some  palliation 
must  be  thrown  over  what  is  disgracefiil,  even  in  addressing 
the  immorsL  4&.  It  is  in  ibis  way  that  Catiline  speaks  in 
S^ust,{  BO  that  he  seems  lo  rush  daringly  into  a  heinous 
enterprise,  not  througb  want  of  regard  for  honesty,  but 
dirough  indignation.  It  is  thus  also  that  Atreos  speaks  in 
Varius;§ 


How  much  more  then  is  this  pretension  to  htnoor  to  be 
maintained  brfore  those  who  have  a  real  regard  to  their  cha- 
racter! 46.  Accordingly,  if  we  advise  Cioero  to  implore  the 
mercy  of  Antony,  or  even  to  bum  faia  Philippics,  (supposing 
Buch  to  be  the  condition  on  which  Antony  oSers  him  life.H)  w« 
shall  not  insist  upon  his  love  of  life,  (for  if  this  has  any  mflb 
ence  on  bis  mind,  it  will  maintain  that  influence  even  though 
we  remain  silent)  but  we  shall  exhort  him  to  preserve  biniBelf 
for  the  service  of  his  country.  47.  He  will  have  occasion  for 
such  a  pretext,  that  he  may  not  be  ashamed  of  hia  suppli 


'  See  the  whole  of  the  twelfth  ehspter. 

t  Nie  tgo  juieqaam  fieri  hirpAtr  vrfwt.]  Thoii^  a  dlshonounUe 
sourM  may  at  timei  be  reoomnModiid,  Qnintdliaii  would  not  have  it 
rooommeoded  ea  diibononnbU,  bat  waold  have  eonie  pUonble  pretext 
alleged  for  adopting  it     SaUin. 

i  CUa  c.  20.  ed.  Cort. 

I  In  hk  Thystn.    See  z.  1, 9S.    This  mm  the  Tarins  who  wm  the 
_j  _r  v;_Ii  .».!  Honoe. 
Sandr. 


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sh.thl]  bddoatiov  of  ah  oratoh.  fiSG 

cations  to  Anlonj.  Or  if  we  advise  Cuus  Cffisor*  to  assnina 
kiugl/  power,  we  shall  assert  that  the  state  cannot  subsist  but 
under  the  rule  of  one  master ;  for  he  who  deliberated  about  a 
crimiDal  proceeding,  seeks  onl^  how  he  may  ^peat  to  do  aa 
little  nrong  as  possible. 

46.  It  is  of  much  importance,  also,  what  the  character  of 
the  adviser  is ;  because,  if  his  previous  Ufa  has  been  illu»- 
trioua,  or  if  the  nobility  of  his  birth,  or  his  age  or  fortune^  ex- 
dtea  expectation,  care  mnst  be  taken  that  what  he  saya  may 
not  be  at  variance  with  the  dignity  of  him  who  says  it ;  but 
a  character  of  a  contrary  nature  requires  a  humbler  tone  ;  for 
what  ia  liberty  in  some,  is,  in  others,  called  presumption ;  to 
some  their  authority  is  sufficient  support,  while  the  force  of 
reason  itself  scarcely  upholds  others. 

49.  In  consequence  proiopopeieef  appear  to  me  the  most 
difBcult  of  all  speeches  of  this  kind  i  for  in  them  the  task  of 
sustaining  a  character  is  added  to  the  other  arduous  points  of 
Buasory  eloquence.  Geesar,  Cicero,  and  Cato,  epeakiug  ou  the 
same  sutgect,  must  each  express  himself  differently.  But 
exercise  in  this  department  is  extremely  beneficial,  botli 
because  it  requires  double  effort,^  and  because  it  greatly 
improves  the  powers  of  those  who  would  be  poets  or  historians. 
fiO.  To  orators  it  is  even  indispensable ;  for  there  are  many 
speeches  composed  by  Greek  and  Latin  orators  for  others  ti> 
use,  to  whose  condition  and  character  what  was  expressed  in 
them  was  to  be  adapted.  Did  Cicero  think  uniformly  in  the 
same  manner,  or  assume  the  same  character,  when  be  wrot« 
for  Cneius  Pompey^  for  Titus  Ampins,  and  for  others?  Did 
he  not  rather,  looking  to  the  fortune,  dignity,  and  actions  at 
each  of  them,  express  the  veiy  character  of  all  to  whom  he 
gave  words,  so  that,  though  they  spoke  in  a  better  style  than 
their  own,  they  yet  appeared  In  speak  in  their  own  persons? 

*  AunutuB.  See  the  aLrgramenta  oaed  b;  Agrippa  and  Hsecenu,  to 
induce  him  to  aaaame  tbe  sciTereignt;,  in  Dion  CBMiu*.  "  Bat  Qven  tba 
wisest  of  the  Bomana  seem  to  have  felt  luch  alann  at  the  meDtion  of 
the  word  rtgyima,  Qiat  Quintilian  himaelr,  who  not  only  sndurad  ttke 
rote  of  Domitutn,  but  o^ed  it  on«  of  the  graateat  b1e>sii]gB  that  had 
ever  fallen  upon  mankinil,  alludea,  b;  no  msans  ohBcurelj,  to  aOeotation 
of  Bovereign  power  aa  a  rei  t,^ana,a  "  criminal  proceed  inc."   Spaldinf. 

I  By  prmapopeia  he  understands  declamationii  in  which  the  Bp'  akr 
uaumea  the  character  of  another  penoD,  and  repieeenta  liim  aa  deliba- 
ntins-     Soain.     See  Ti.  1,  26  i  ii   2,  29,  87  ;  xL  1,  SB. 

*  For  the  reason  (fivea  above,  that  th*  charactar  mmt  be  auataiDed, 
and  pereiUBivB  argumenta  found. 


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396  QniNTILUlC.  [B.ni. 

II.  A  t^etch  is  not  leu  laxity  whieb  is  nnsnited  to  the  per- 
aoD,  duui  tliKt  which  is  ansiuted  to  the  stil{}ect,  to  whim  it 
on^t  to  be  adapted.  Lysiaa,  aooorduiglj,  ia  thou^t  to  de- 
serre  great  pruse  Jbr  preserritig  ao  exact  an  air  of  tratli  in 
the  speeches  which  he  wrote  for  the  illiterate.* 

It  ought,  indeed,  to  be  a  chief  object  with  declaimeni  to 
ccttuder  what  is  ^uit&ble  to  different  charact«rB ;  for  they 
apeak  on  but  few  subjects  of  controvers;  as  advocat«e,t  but 
generally  harangue  in  the  character  of  sons,  fsthere,  rich  men, 
old  men,  morose  or  good-natured  persons,  misers  or  super- 
stitions people,  oowsrds  or  jestera;  so  that  actors  in  oomedy 
have  scarcely  more  parts  to  master  on  the  stage  than  they 
ha*e  in  the  schools.  52.  All  these  representatjons  of  charao- 
teis  may  be  regarded  as  jtroMopopeite,  which  I  include  under 
deliberative  oratiooa,  because  they  differ  from  them  in  nothing 
but  the  personation  of  a  character,  though  this  is  sometimes 
introduced  into  those  deliberative  sulgects,  which,  taken  firom 
history,  are  conducted  under  the  real  names  of  the  speakeis. 
63.  Nor  am  I  ignorant  that  poetical  and  historical  proiopopei^ 
are  sometinies  given  in  the  schools  by  way  of  exercise ;  as  the 
pleading  of  Pmm  before  Achilles,  or  the  address  of  Sylla  to 
the  people  on  layit^  down  the  dictatorship.  But  these  vrill 
Ml  nnder  some  of  the  three  beads  into  which  1  have  divided 
canses ;  for  we  have  to  intreat,  to  make  declarations,  b>  give 
reasons,  and  to  do  other  thiugs  of  which  I  hava  spoken  aboTe,| 
in  various  forms  and  as  the  subject  may  require,  both  in  the 
judidsl,  and  in  the  deliberative,  and  in  ^  demonstrative, 
kind  of  oratory.  64.  But  in  all  theee§  we  very  often  utter 
fictitious  speeches  attributed  to  characters  which  we  onreelvea 
introduce;  as  in  Cicero's  speech  for  Coelius,  Appius  Gescus, 
and  ClodiuB,  the  brother  of  Clodis,  are  both  represented  as 

*  Snek  ii  the  ooronMndation  bestowed  upon  Mm  by  Dioujtiut 
HaliowwnM,  p.  82. 

■(■  In  adwlaatio  decUmatioos  the  paiols  nioke  on  few  lubjeota  u 
kdvooate^  bat  gmenlly  in  the  oluncter  of  one  of  the  pwtiei  oon- 
cmed,  u  aos*,  fadien,  old  man,  Ac ;  and  tKiu  prtm^optia  diStevd 
tma  MMionat  only  in  the  ohaneter  malntuned ;  for  m  MuuorJo  the 
ntHkn  gave  adnee  in  hit  own  person,  in  pmopoptia  in  that  of  another. 

i  In  Um.]  I  oondder  the  word  JUi  m  nterring  to  the  thiee  kindi  of 
ontor;  whteh  Qnintilim  bta  just  mentioned,  and  no^  m  Qedoyn 
thiukii  to  Tvgart,  to. ;  Ihaugh  hie  view  of  the  pue«ge  ii  not  without 


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CH.VIU.]  BDDCATIOK  Of  AN  OBATOR.  337 

addreaaing  Clodia,  tin  former  being  made  to  reproach  her  iritta 
her  intrigaes,  and  the  other  to  admoniah  her  aboat  them.* 

65.  Matters  for  debate,  too,  are  ohmx  introduced  in  the 
schools,  which  ^proaoh  nearer  to  the  judicial  than  the  delibe- 
rative kind  of  oratory,  and  irhioh  are  indeed  compounded  of 
the  tvo ;  as  when  a  disonamon  is  held  befon  Cnaar  about  the 
punishment  of  Theodotos  ;t  for  it  oonaiats  of  an  accusation  and 
a  defence,  which  are  the  proper  parts  of  judicial  pleadings. 
66.  But  the  question  of  expediency  also  enters  into  it ;  it  is  in- 
quired vhelher  U  aat  to  the  advantage  of  Caear  that  Pompey 
teas  killed ;  whether  war  i*  to  be  apprehended  from  the  tiny  if 
Theadotu*  be  put  to  death;  whether  tueh  war  would  not  be 
enbarrauing  and  dangerwu  at  the  preient  time,  and  likely  to  be 
of  long  duration.  6T.  Considerations  also  arise  about  the 
bonourableness  of  the  proceedii^:  as  whether  it  would  be 
becomiiy  in  Catar  to  aeenge  Potttpeg ;  whether  it  teu  to  be 
■  apprehended  thai  he  would  injure  the  oaute  of  hit  party,  (^  he 
should  eonfeu  that  Potnpey  wat  undeserving  of  death.  58.  De- 
liberations on  Buch  questiona  may  oocor  eren  in  real  causei.} 
There  has,  however,  prevailed  among  moat  declaimers,  in 
regard  to  deliberative  speechea,  an  error  that  has  not  been 
without  its  consequences ;  for  they  have  imagined  that  the 
deUberative  style  of  speaking  is  different  from  the  judiciiJ,  and 
indeed  altogether  opposed  to  it ;  and  they  have  accordingly 
affectod  abrupt  commencements,  a  kind  of  oratory  always 
vehemrat,  and  a  liberal  embelliihment,  as  they  call  it,§  in 
their  expressions,  and  have  studied  to  make  shorter  D0te8,|| 

*  C.  1^  IS.  The  text  ii  tUt  m  eoMigatioium,  He  in  hmtoHonm 
amorum,  etmpoiilm*.  Tba  aiMuidiMn  of  AortoltoiuM  fa  doubtful,  but 
nothina  beUer  ba*  baao  mcgMted.  Oaanar  propoaod  evnOionan, 
whkh,  X  anppoae,  hardly  ntidlod  himaeU;  and  baa  nbiaAei)  no  one  «Lw. 
If  we  tnni  to  the  paanga  of  Cloero,  we  btd  that  the  brother  ia  made 
to  diaanade  the  nator  ftom  rollowitig  one  who  deapiaea  her,  and  to 
adiiaa  her,  if  ahe  will  atill  oontinne  to  intrigue,  to  aeek  aome  other 
object  for  W  love. 

t  A  rliatoridan  nt  Chioa  or  SainiM^  wltowaa  the  fittt  to  luggaat  to 
Ptolemy  that  Fompey,  irtwD  he  landed  in  E^pt,  ahoold  be  pat  to 
deatfa.  See  Flntardk,  Life  of  Pompay,  c.  77,  80 ;  Appian,  b.o.  iL  S4, 
OU  ;  Seaaoa  de  Irt,  ii.  3 ;  Seneoa  Controveia.  ii  13. 

X  Comp.  0.  62. 

g  Camp.  ii.  12,  B.    SpaMmg. 

p  Avnortt  caBHUBCario*.]  Th<7  broa^t  leia  written  natter  from 
borne,  and  roae  to  apeak  teljing  im  tli«r  own  ardobr  and  raaetntion  to 


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i38  igonmuAJi.  [b.  tu 

forsooth,  for  deliberative  thao  for  judkial  eubjecta.  ft9.  For 
mj  part,  though  I  do  not  see  thiit  there  is  snj  need  for  a 
r^nlar  exordium  in  delibentive  qteechea  for  the  reasons 
which  I  have  pnTiously  stated,*  I  still  do  not  understand 
why  we  should  commence  widi  furions  exdamation ;  for  he  who 
is  Hsked  his  opinion  on  a  question  proposed,  does  not,  if  he  is 
a  man  of  sense,  b^n  immediatel}'  to  ciy  out,  but  endeavours 
i^le  gain  the  confidence  of  those  who  consult  him  b,v  a  modest 
1  and  rational  entrance  on  tho  subject.  60.  Or  why  should  the 
\  style  of  the  speaker  be  like  a  torrent,  and  uniformly  vehe- 
ment, when  counsel  requires  in  the  most  eminent  degree 
moderation  and  ctdm  reasoning?  I  admit  that,  in  judicial 
pleadings,  the  tme  of  the  speaker  is  often  lowered  in  the 
eiordinm,  the  statement  of  facts,  and  the  argumentative 
portions,  and  that,  if  you  take  away  these  three  parts,  there 
will  remain  ssmetfaing  like  the  substance  of  which  deliberative 
orations  consist,  bottfaat  substance  ought  to  be  more  calm,  not 
more  violent  and  furious. 

61.  As  to  grandeur  of  diction,  it  is  not  to  be  affected  by 
those  who  declaim  deUberative  speeches  more  than  by 
others ;  but  it  comes  more  naturatly  to  them ;  for  to  those  who 
ime^ine  their  own  subjects,  great  personages  are  generally 
most  attractive,  such  as  those  of  kings,  princes,  people,  senates, 
with  important  topics  for  discussion ;  and  thus,  when  the  style 
is  suited  to  the  matter,  it  assumes  a  degree  of  me^ificence 
from  it  63.  Witii  r^ard  to  real  causes  the  cane  is  different, 
and  therefore  Theophrwtnst  has  prononnoed  that  the  lan^pii^ 
in  all  deUberativa  oiatory  should  be  free  from  every  kind  of 
affectation;  following  in  thb  respect  the  authority  of  his 
master,!  thou^  he  does  not  hesitate  frequently  to  differ  from 
him ;  63.  for  Aristotle  was  of  opinion§  that  the  panegyrical 
dqtartment  of  onitoiy  was  the  b^  adapted  for  improvement 
in  composition,  and  next  to  it  the  judicial ;  since  tiie  first  is 

pour  forth  words.  Compare  eaoL  68.  <fc—wntTiH  here  are  notes 
■nads  for  future  ontionl;  lee  L  S,  16;  iiL  B,  6S  ;  and  Oo.  Brat.  o.  44 
•xtr.  But  «a  they  mode  fewer  Dotee  for  their  epeBohee,  tha  epeaebei 
were  In  consaquBuco  ehorter.    Comp.  saob  CS.    Spalding. 

•  Sects. 

t  III.  1,  IE. 

i  AriatoUe. 

j  See  Rbet  ill.  1%  ft ;  where,  boWBTer,  the  reaaoni  whioh  Qaintdlian 
adds  an  not  given.    Sp^diiijf. 


D,j„.„_,  Cookie 


JH.Vni.]  BDUCATION  Of  AS  oaiTOH.  989 

devoted  whollj  to  display,  and  the  latter  requires  art  so  ss 
even  to  deceive  the  hearers  if  eipedieuc;  demands ;  but  countet 
needs  nothing  but  truth  and  prudence.  64.  With  these 
critics  in  respect  to  panegjric,  I  agree  ;  for  all  other  writers 
have  expressed  themselves  of  a  simdar  opinion ;  but  in  judicial 
and  deliberative  subjects  I  Uiink  that  the  manner  of  spewing 
is  to  be  adapted  to  Uie  matter,  according  to  the  nature  of  the 
question  that  may  be  under  consideration.  65.  I  see  that  the 
Philippics  of  Demosthenes  are  distingnished  by  the  same 
merilB  as  the  speeches  which  he  pronounced  in  judicial  causes : 
and  the  opinions  of  Cicero  delivered  in  the  senate,  and  his 
speeches  to  the  people,  exhibit  a  splendour  of  eloquence  not  less 
luminous  than  that  which  appears  in  his  accusations  and  de- 
fences. Yet  he  speaks  of  ^e  deliberative  kmd  of  oratory  in 
this  way  :*  The  language  ought  to  be  itni/ormlt/  timple  ow^J 
grave,  and  more  distinguished  for  ttudied  Ihoughtt  thaa  /or*" 
ttvdied  ■phraseology.  06-  That  there  is  no  kind  of  oratory 
to  which  the  application  of  examples  ie  more  suitable,  all 
writers  are  justly  agreed,  as  the  future  seems  for  the  most 
part  to  correspond  to  the  past,  and  eiperience  is  regarded  as 
some  attestation  to  reason. 

67.  As  to  shortness  or  length  in  such  speeches,  it  depends, 
not  on  the  nature  of  the  sulgect.t  but  on  the  compass  of  it ; 
for  as  in  deliberations  the  question  b  generally  more  simple, 
so  in  judicial  si^ra  it  is  often  of  less  eztenL^ 

All  these  remarks  he  will  find  to  be  true,  who  shall  prefer, 
instead  of  growing  grey  over  the  treatises  <rf  the  rhetoricians, 
to  read,  not  speeches  only,  but  also  histories ;  for  in  history 
the  orations  pronounced  to  the  people,  and  the  opinions  de- 
livered in  connoils  of  state,  generallj]  afford  examples  of 
persuasion  and  dissuasion.  68.  He  will  find,  too,  that  in 
deliberative  speeches  the  commencements  are  not  abrupt; 
that  the  dictian  in  judicial  pleadings  is  often  more  animated  ; 

•  Pirtitionea  Oratorite,  o.  27  fin. 

+  Oenere  mafmiB.]  Whether  it  be  «Jem<m»tfaiKB,  (WtSerafte^  or 
ftidMaal,  it  iB  Dot  on  tbe  pkrtaoulu  Und  that  the  IragtlL  or  brevity 
ought  to  depend.    Cap^erMier.  ,-    ^  .   .v  .    .  j-  .  . 

J  QuintiliaD  blamee  certain  teaohe™,  who  directed  that  jwltaal 
gpeecfiea  should  be  of  oouidaMble  length,  wid  deliboretiTe  roeechei 
rtiorter  whereas  lengtii  i»  not  to  be  me&nind  by  the  kind  of  cmu^ 
but  bj  the  Bobject,  .nd  ooueequenUj  deKSeroHM  sro  winwtimei  lougM 
tiunnKiicialipeechea.     TvrMfm*. 


L,  Google 


940  QumnuAK.  [B.m 

^  tliat  style  u  suited  to  the  mtUter  in  one  class  as  well  as  in  the 
other;  and  that  the  speeches  in  conrts  of  justice  are  sometimea 
Ajorter  than  those  in  pablic  councils.  69.  Nor  nill  he  find  in 
Ihem  the  ftnlts  into  which  some  of  onr  declumera  &11,  who 
'ndulge  in  coarse  iuTectives  against  those  that  dissent  in  opinion 
(Tom  them,  and  speak,  on  the  whole,  as  if  they  were  the  natural 
adversaries  of  those  who  ask  th^  advice ;  and  thus  exhibit 
themselves  in  the  oharacter  rather  of  lailers  than  of  counsellors. 
TO-  Let  young  men  know  that  these  remarks  are  written  for 
their  admonition,  that  they  may  not  allow  themselves  to  bo 
taught  otherwise  than  they  will  have  to  speak,  and  spend  their 
time  upon  learning  that  which  they  will  have  to  unlearn.  But, 
whaaerer  they  shul  be  called  to  give  counsel  to  their  friends, 
to  pFononnce  an  opinion  in  the  senate,  or  to  offer  advice  if  the 
emperor  consult  Uiem,  they  will  be  tai^ht  by  practice  what 
they  cannot  perhsfis  receive  on  the  credit  of  precepts.  - 


CHAPTER  IX. 


Of  Judidal  or>tor7;  thadBpwtmentaof  itofteniiijodkiouilyhi 

the  proper  nombSr  is  five,  J  1 — 6.    The  order  to  be  obeerved  in 
Bpei^ing  and  Writiog,  T — 9. 

1.  I  AK  now  to  speak  of  the  jtuJtcini  kind  of  oratory,  which 
is  extremely  varied,  but  lies  in  the  two  dudes  of  allaeic  and 
tU/enee.  The  divisions  of  it,  as  most  authors  are  of  opinion, 
are  five,  the  exoriima,  the  ttateaent  of  Jaett,  the  proof  of 
what  wd  advance,  the  refulatum  of  our  adversary,  and  the 
jieroralion.  2'.  To  these  some  have  added  partition,  prtjfoiition, 
and  diffreuioHi  the  first  two  <A  which  evidently  Isll  under 
proof;  for  you  must  necessarily  propote  what  yon  are  going  to 
prove,  as  well  as  eonelitde  aftor  you  have  proved  ;  and,  if  prO' 
poiition  is  a  division  of  a.  cause,  why  is  not  also  eonelution  t*  Aa 
for  partition,  it  is  only  one  of  ihe  duties  of  arrangement,  which  is 
a  portion  of  oratory  in  general,  equally  pervading  all  its  ports  and 
the  whole  body  of  each,  like  invention  and  delivery.  3.  We  are, 
therefore,  not  to  consider  partition  aa  one  division  of  a  speech 

■  Which  DO  writer  on  orstory  ba*  yet  ooondered  m  a  diviaioa  of  £t 


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im.ni.]  I!DCOA.TI0N   OF  AK  ORATOK.  HI 

taken  as  a  whole,  but  as  belonging  to  every  single  question  in 
I  it ;  for  wbftt  question  is  there  in  which  the  orator  maj  oot 
7^  Blat«  what  he  is  going  to  uy  in  the  first  place,  what  in  the 
eecond,  and  what  in  the  third ;  asd  this  is  the  buaiuess  of 
parlitioii.  How  ridiculous  is  it  then,  that  each  question 
should  be  a  species  of  proof,  and  that  partition,  which  is 
but  a  spociea  of  question,  should  be  called  &  part  of  the 
speech  as  a  whole  7  4.  But  as  for  digreuitm,  or,  what  has 
become  a  more  conunon  term,  exceuia,  "  excursion,"  if  it  be 
vilhoia  the  cause,  it  cannot  be  a  part  of  the  cause ;  and,  if  it 
be  mithin  liw  cause,  it  is  an  aid  or  ornament  to  the  parts  from 
which  it  proceeds ;  for  if  whatever  is  m  the  cause  is  to  be 
called  a  part  of  the  cause,  why  is  not  every  argument,  com- 
paruon,  eommoH  place,  addreta  to  the  .feelings,  and  example, 
called  a  part  of  the  cause  ? 

5.  I  do  not,  however,  agree  with  those  who,  like  Aristotle,* 
omit  re/utalwtt  as  comprehended  under  proof;  for  proof 
establishes,  refutation  overthrows,  Aristotle  t  also  makes  an 
innovation  to  a  certain  degree,  by  placing  next  to  the  exordium, 
not  the  stalemenl  of  faett,  but  the  profotUiim ;  but  this  he 
does  because  he  tlunks  the  propoeitiou  the  gentu,  and  the 
statement  of  facts  the  tpeeiee ;  and  supposes  that  there  is  not 
always  a  necessity  for  ihe  first,  but  for  the  second  always  and 
in  all  cases, 

6,  But  with  r^ard  to  the  divisions  which  I  have  mode,  it  is 
not  to  be  understood  that  that  which  is  to  be  delivered  first  is 
necessarily  to  be  contemplated  first ;)  for  we  oi^ht  to  consider, 
before  everything  else,  of  what  nature  the  eame  U;  what  it 
the  g»estion  in  it ;  what  may  prqfit  or  injure  it ;  next,  what  is 
to  be  maintained  or  refuted;  and  then,  hme  the  statement  of 
facte  ihould  be  made,  7.  For  the  statement  $  ia  preparatory  to 
proof,  and  cannot  be  made  to  advantage,  unless  it  be  first 
settled  what  it  ought  to  promise  as  to  proof.  Last  of  all,  it  is 
to  be  considered  how  the  judge  is  to  be  conciliated ;  for,  until 
all  the  bearings  of  the  cause  bo  ascertained,  we  cannot  know 
what  sort  of  feeling  it  is  proper  .to  excite  in  the  judge,  whether 

*  Bbet.  iLa6,liiiLlS,i;  17,14. 
f  Shet.  iiL  IS. 

SCio.  de  luT.  L  14 ;  d«  Or>t  iL  77 ;  mb  aba  Qnint.  Hi  t,  IS, 
Enpoatio.]  Take  care  not  to  confound  ii  with  frofeiUio.    It  b 
pSainl;  ttie  aune  m  narroHo.    SpaldJng. 


D,j„..;^L,  Cookie 


SIS  qtuktiluii.  {^.m. 

mclioed  lo  aereritf  or  gentleneaa,  to  Tiolence  or  laxi^,  (o 
inflexibUity  or  men^. 

8.  Yet,  I  do  not,  on  these  acconntB,  agree  with  tboee  who 
think  that  the  exordinm  is  to  be  written  last ;'  for  thoi^  it 
is  proper  that  our  nuIeriaJs  should  be  collected,  and  that  we 
should  settle  what  effect  is  to  be  prodnced  hj  each  particular, 
before  we  begin  to  speak  or  write,  jet  we  ought  certainly  ta 
begin  with  that  which  ia  naturally  fiiat.  9.  No  man  begins 
to  paint  a  portrait,  or  mould  a  statue,  with  the  feet;  nmr  doea 
an;  art  find  its  completion  where  the  commflDoement  ought 
to  be.  £lse  what  will  be  the  case  if  we  have  no  time  to  write 
6iir  speech  ?  Will  not  bo  preposterous  a  practice  disappoint 
us  ?  The  orator's  materials  are,  therefore,  to  be  first  contem* 
plated  in  the  order  in  which  we  direct.f  and  then  to  be  written 
ii:  the  order  in  which  he  ia  to  deliver  them. 


CHAPTER  X. 


A.  caoM  T««ti  etUier  on  o 

r'lnta  of  the  aune  ra*  m  difbrsnt  kinds,  g  1,  2.    CompuiBoii, 
1.    We  must  fint  settle  the  kind  of  nuse ;  what  points  ue  to 
be  considered  next,  6. 

1 .  EvEBi  cause,  in  which  there  is  one  method  for  a  plaintiff, 
and  another  for  a  defendant,  consbts  either  in  a  controTersy 
about  one  diarge  or  about  eereral.  The  one  is  called  miple, 
the  other  complex.  A  question  about  a  theft  bg  Utelf,  or  an 
act  of  aditUery  by  iUtlf,  ia  single  and  independent.  When 
there  are  several  questions,  thej  may  be  either  of  the  same 
kind,  as  in  a  charge  of  extortion ;  or  of  different  kinds,  as  in 
a  charge  of  sacril^e  and  homicide  at  the  same  time.  This 
union  of  charges  does  not  now  |  oecnr  in  public  trials,  because 
the  pretor  takes  cc^izance  of  each  according  to  a  fixed  law, 
but  is  frequent  in  ^e  causes  tried  before  the  emperors  and  th« 
senate,  and  used  to  be  common  in  those  that  came  before  the 
people ;  and  disputes  between  private  individuaU  oftnn  require 

*  AntooiuB,  in  Cicero  de  Oratore,  mentJonB  this  sa  hlg  preotice. 


L,  Google 


OH.X.]  EDUOATIOIT  Of  AS   ORA.IOB.  S43 

one  judge  to  determine  as  to  mtuij  different  points  of  law. 
3.  Nor  will'dieTe  be  more  than  two  kinds  of  causes,  even  in 
cases'woere  one  party  prosecutes  the  same  suit,  and  on  the 
same  ground,  against  several ;  or  two  against  one  ;  or  aeveral 
against  sevend ;  as  we  sometimes  see  occur  in  actiona  about 
inheritances;  because,  though  there  be  sereral  parties,  the 
cause  is  still  but  one,  unless  indeed  the  condition  *  of  the 
parties  give  rise  to  distinct  questions. 

3.  I^re  b,  however,  said  to  be  a  third  kind,  different  from 
these,  called  eomparative ;  and  some  consideration  with  regard 
to  comparison  frequently  happens  in  some  part  of  a  cause  ;  as 
when,  in  a  case  before  the  cenmmviri,  there  arises,  after  other 
questionB,  one  of  thia  kind,  which  of  tteo  pertont  m  better  enti- 
tled to  an  inheritance  1  But  it  seldom  happens  that  trials  are 
appointed  in  the  forum  t  merely  for  that  object,  and  only  in 
cases  of  (figinafiow,  which  take  place  tor  the  purpose  of  appoint- 
ing an  accuser,  or  sometimes  between  informers  to  decide  which 
of  two  hta  a  better  claim  to  a  reward. 

i.  To  tins  number  some  have  indeed  added  a  fouth,  called 
drTixanryVfrn,  "  recrimination,"  or  mmtaal  aeciuation ;  but 
Others  tlunk  that  thia  is  comprehended  under  the  comparative 
kind ;  and  the  case  of  reciprocal  suits  %  will  be  similar  to  it ;  a 
case  which  happens  very  ^quently ;  and  iftbis  ought  also  to  be 
called  atrixarnye^ia,  (for  it  has  no  proper  appellation  with  us,) 
there  will  be  two  kinds  of  it,  one  in  which  the  parties  bring 
the  same  charge  against  each  other ;  the  other  in  which  they 
bring  different  dirges.  The  case  is  similar  with  regard  to 
demands. 

5 .  When  the  nature  §  of  the  cause  has  been  determined,  we 
shall  then  have  to  consider,  whether  the  foct,  which  is  made  a 
ohaige  by  the  accnser  against  the  defendant,  is   to  be  deni^,!) 

*  Ai  In  the  trial  rMpeoting  two  legitiiiiate  Km  toA  on*  illtgitimat^ 
e.  6,  sect,  Sfi.     Turkebim. 

t  Henoe  it  u  evident  Uut  the  oentomviii  did  aol  lit  in  the  foniin. 
Capptnmier. 

i  Whan  the  modbu  olaiina  one  thing  tnna  the  defenduit,  uid  tlie 
de^ndont  uiother  thing  bom  the  wcumt.  Tba  Franch  term  ii  mo»- 
wnlMHi.    Cappenmier. 

g  Gemu  emuce.]  That  ie,  what  kind  of  jwKcHit  eoaw  it  ti;  fur  gtnv4 
doai  not  here  refer  to  the  threefold  divielon  into  demonatrative,  delibe- 
mtive^  and  judicial      Cafperonier. 

I  SbiHf  tfuMult^  ot/mU  ^tatHt. 

%  S 

D.j.,„_,Cooy|i: 


944  QniNTiLUM.  [am. 

or  to  be  jtulified,*  or  to  be  called  b;  another  iume,f  or  to  be 
excluded  {  from  th&t  particular  sort  of  process.  Bf  tliia 
means  the  statea  of  causes  are  determined. 


CHAPTER  XL 


HsnnRgorsB'B  mstbod  of  prooBedlng ;  the  qneatioii,  g  I — S.  The 
__j„  „»  j_f_„.  t — II  Ti..  .».;..<'  fii,  deoialoii,  7,  8.  Tli«  gToimd 
*  '■""-*''™  ""d  tiu  point  for 
_  0  tho  nftture  of 
■•  came,  10—17.  Opinions  of  Ciooro,  18 — 30.  Hernugoraa  too 
fbnd  of  nine  rabdlviaioiis,  21— 3S.  Uetkod  of  Theodonu,  36,  3T. 
Conaloiiou,  28. 

1.  When  these  matteia  are  settled,  Hermagoias  thinks  that 
we  must  next  consider  trhatia  the  ^eititM,the  modeofdtfenee,^ 
the  paint  for  judgment,'j(  the  aw»i;^oi,^  orpaint  "containing"  the 
aeevtation,  or,  as  some  call  it  it,  the  jSmanwnftin),  or  "founda- 
tion "  of  the  cause. 

Queetiou,  in  its  more  general  sense,  is  understood  to  mean  eveij- 
thing  on  which  two  or  more  plaastble  apinions  maj  be  advanced. 
9.  But  in  r^ard  to  judicial  matters,  it  is  to  be  taken  in  two 
senses ;  one,  when  we  say  that  a  cause  inToWes  several  ques- 
tions, among  which  we  include  even  those  of  least  importf,ace ; 
the  other,  when  we  mean  the  great  ijueetion  on  which  a  cause 
turns.  It  is  of  the  second  that  I  now  speak,  and  it  is  from 
this  that  the  ttate  has  its  origin  ;  Hat  a  thing  been  done  ?** 
Whathat  been  done^fi  Has  it  been jtatifiably  doneV,X  3. 
These  iaterrogatories  Herm^oraa,  Apollodorus,  and  many 
other  writers,  ctdl  proj«rl;  questions;  Theodorus,aa  lobserrediSS 

•  Statue  gwdltatU. 

t  StdtM  dtMJIW*. 

t  ^^ut  tranitoMvM. 

g  Jiolio.]  "  MoyeD  de  d^fsnn."  Oedoj/n.  lUtio  eel  g%d  Id,  (peod 
fiutvm  OM  roiutot,  d^nulitw ,-  mA.  4. 

I  Jndioatia.]  TA  Eptvd/iivov,  the  point  on  wbidi  the  jndgaa  have  to 
pronounee  a  dsiualoiL     Cappa-vier. 

1  ^Md  eontintt  oceiMaAmem,    Auet.  kd  Herenn.  L  16. 

"  Statue  eonjertimjiM. 

■H-  iStaItu  dt^iiimu. 


Si  C.  6.  seot.  %  6i  and  Me  tact  26  af  thh  chapter. 

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3B.U.]  CDDOA.TION  OF  iS  ORATOB.  949 

terms  them  general  head*,  and  the  minor  qaestions,  or  those 
dependent  on  them,  tpeeutl  head*;  as  it  admitted  that  one 
question  may  arise  from  another  qaestion,  and  that  a  species* 
maj  be  divided  into  epecies.  1.  This  principal  question  of 
all,  thee,  thej  call  the  ^ifrti/ia. 

The  mode  of  defense  is  that  process  hj  which  what  is 
admitted  to  have  been  done  is  justified.  To  exemplify  it,  why  - 
should  I  not  use  that  instance  which  almost  all  nritera  have 
adopted?  Orettet  killed  hit  mother:  thia  is  admitted;  he 
says  that  he  killed  her  justly  :  the  state  will  then  be  that  of 
qnalitf ;  the  question.  Whether  he  kilkd  her  justly  :  the  ground 
of  defence  will  be  that  (Xylemiettra  killed  her  husband,  the 
father  of  Oreete*  :  this  is  called  the  a'riiit. 

The  pdniforjui^ent,  the  X(it6/t,im,  will  bo,  in  this  caae, 
tehether  eten  a  mother  guilty  of  tueh  a  crime  ought  to  be  killed 
by  her  ton. 

6.  Some  have  made  a  distinction  between  Ufnor  and  alrltt, 
making  thej  6rst  signify  the  oause  for  which  a  trial  becomes 
neceesaiy,  as  the  killing  of  Cb/temneitTa ;  the  second,  the 
gronnd  on  which  the  deed  is  justified,  aa  the  killing  of  Aga- 
memnon' But  such  has  been  the  disagreement  as  to  the 
sense  of  these  words,  that  some  call  alrla  the  canso  of  the 
trial,  and  airm  the  caose  of  the  deed,  while  others  use  them 
in  senses  exactly  contrary.  Among  the  liatins  some  have 
adopted  the  terms  initium,  "  commencement,"  and  ratio, 
"reason ;"  some  include  both  nnder  the  same  term.  A. 
Cause  also  appears  to  arise  from  cause,  a'rm  i^  alrkv,  aa, 
Cljfttmneetra  iciUed  Agamemnon  because  he  had  tacrificed  their 
common  daughter,  and  brought  home  a  captive  as  his  concubine. 
The  same  authors  are  of  opinion  that  in  one  questbn  there 
may  be  several  grounds  of  defence  ;  as,  for  example,  if  Oreetet 
adds  another  cause  for  liaeing  killed  hi*  mother,  namely,  that 
he  teas  forced  to  obey  an  oracle;  and  that,  whatever  number 
of  causes  for  the  deed  may  be  alleged,  there  are  the  same 
number  of  pointa  for  judgment ;  as  it  will  also  be  a  point  for 
judgment  ahether  he  ought  to  have  obeyed  the  oracle.  7.  But 
even  one  allied  cause  for  a  deed  may,  ae  I  conceive,  give  rise 
to  several  questioDB  and  points  for  judgment ;  aa  in  the  case 

'  Logiaiani  divide  k  apeniea  Into  individoali,  bnt  dmj  that  it  mn 
be  dividad  into  othor  ipede*,  nnlees  it  be  put  in  tha  umee  of  ffcmu  ,- 
....  in  which  aeaao  Quiutiliaa  H«mi  to  uae  it  Here.    Stgiitt. 


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349  QmNTtUAir.  t^tit. 

of  thetnan,  who,  after  he  had  killed  hie  wife  oncatohii^heriD 
adultery,  aubsequentt;  killed  the  adulterer,  who  at  first  escaped, 
in  the  fonim  ;  for  the  alleged  cause  for  the  deed  ia  but  one,  He 
leai  an  adaUerer  i  but  Beveral  queationa  end  pointa  for  judg- 
ment may  arise,  as  whether  U  wat  lawfid  U  iiU  km  at  that, 
tinte,  OT  in  thiU  plate.  8.  But  aa,  when  there  are  aereral 
-  questiona,  end  all  have  their  Btat«8,  there  is  yet  bat  one  stato- 
in  the  cause  to  which  ererything  is  referred,  wo  there  is  but 
one  proper  point  for  judgment,  on  which  the  decision  ia 
pronounced. 

9.  Aa  to  the  «u>i^,  (which,  as  I  stud,  eome  call  eontinem, 
otheiB  jirmaiiientiMi,  and  Cicero  *  the  atrongett  argnmaU  of  the 
defender,  and  the  fittett  point  for  a^udieation,)  aome  regard 
it  as  that  after  which  notmng  remains  to  be  ascertained ;  some, 
as  that  which  is  tha  strongest  point  for  aijjudication.  10.  The 
reason  of  the  deed  ia  not  a  point  for  consideration  in  all  causes ; 
&r  whet  reason  for  the  deed  need  be  sought,  when  the  deed  is 
altogether  denied  ?  But  when  the  reaaon  of  the  deed  is  aa 
olject  of  oonuderation,  tiiey  deny  that  the  ultimate  point  for 
decision  resta  on  the  same  ground  as  the  first  question ;  an 
•bservation  which  Cicero  ma^ea  both  in  his  Rhttorica  f  and 
his  Paniiioiie».X  II.  For,  when  it  is  said,  It  was  done;  it 
was  not  done  ;  teat  it  done  !  the  question  rests  on  conjecture, 
and  the  judication  rests  on  the  same  ground  as  the  question, 
because  the  firat  question  and  the  ultimate  deeisiou  are  about 
the  same  point.  But  when  it  is  said,  Orettee  killed  hie  mother : 
he  killed  her  juetlg ;  no,  bnt  myuitl]/  ;  did  he  kill  her  jvetlt/  ? 
the  question  rests  on  the  consideration  of  qualit; ;  but  this  is 
not  yet  the  point  for  decision.  When  then  will  it  be  ?  After 
the  statement.  She  had  killed  my  father ;  but  you  wghl  not, 
therefore,  to  have  killed  yoar  mother;  ought  Oreatei  to  have 
killed  her  t  here  ia  the  point  for  decision.  13.  The  funda- 
mental point  of  the  defence  I  will  give  in  the  worda  of  Cicero  { 
himself:  "  if  Orestes  were  inclined  to  aay  that  the  disposition 
of  his  mother  toworda  his  father,  towards  himself  and  his 
sisteTS,  towards  his  kingdom,  and  towarda  the  reputation  of 
bis  race  and  family,  badbeenof  such  anature  that  her  children 
felt  of  aU  people  most  obliged  to  inflict  punishment  on 
ber."  18.  Others  also  use  such  examplea  as  these  :  the  laa 
tay»,  let  him  who  hae  exhautted  hit  patrimony  not  be  allowed 

•Idt.LU.  tlnT.iU.  laso.  IIoT.iU. 


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CH.ZI.]  XDCCATtOK  OF  Alt  ORATOK.  S4V 

to  address  the  people  t  b*t  the  defendant  exhaiuled  his  upon 
public  works;  ima  the  question  then  is,  uhtther  ahoever  hat 
exhausted  hie  patrimony  it  not  to  be  allowed  ;  and  the  point 
for  judgment,  whether  he  mho  has  exhausted  kit  patrimony  in 
such  a  wajf  it  not  to  be  allowed.  14,  Or  the  case  of  tbe 
Auruncan  soldier,*  who  killed  the  tribune  Caiua  LusiuB,  when 
he  made  dishonourable  advances  to  him,  in  which  the  question 
ia,  whether  he  hilled  him  justly  ;  the  ^und  of  defence,  that  he 
made  dishonourable  adtancet ;  liie  point  for  judgment,  whether 
ii  were  lawful  for  a  person  to  be  killed  uneondemned ;  whether 
it  were  lawful  for  a  tribune  to  be  killed  by  a  soldier. 

IS.  Somealsoiegard  the  question,  as  in  one  ifate.aiid  the  point 
for  decision  In  another ;  the  question  whether  Milo  did  right  in 
•kiliinif  Clodius.is  in  the  stale  of  quality;t  the  point  for  decision, 
whether  Clodius  lay  inwait  for  Milo,  iBm1hestateotcot^6etate.X 
10.  Thej  say  also  that  a  cause  often  strays  into  some  matter 
which  does  not  properly  belong  to  the  question,  and  on  which 
the  decision  is  pronounced.  I  am  not  at  all  of  their  opinion  ;  for 
the  question,  for  instance,  vlhether  every  man  who  has  exhausted 
hit  patrimony  is  forbidden  to  address  the  people,  must  have  its 
decision ;  and,  therefore,  the  question  and  the  point  for  decbion 
wilt  not  be  difierent ;  but  there  will  be  more  than  one  ques- 
tion, and  more  than  one  point  for  decision.  17.  lo  the  case  of 
Milo,  t«o,  is  not  the  question  of  fact  considered  with  reference 
to  the  qneetion  of  quality  ?  for  if  Clodius  lay  in  wait,  it  follows 
that  he  nas  justly  killed.  But  when  the  cause  goes  into  some 
other  matter,  and  recedes  from  the  question  which  was  first 
proposed,  the  question  will  be  in  the  state  in  which  the  point 
for  decision  is. 

1 8.  Respecting  these  matters  even  Cicno  is  in  some  d^ree  at 
variance  with  himself;  for  in  his  Rhetoriea,  as  I  said  aboTe,§ 
bb  naa  ibllowed  Hermagoras;  in  his  Topica,\\  he  expresses 

■  Th«  itiDiT  to  notioed  br  Cicwo,  Pra  HiL  a  4,  and  V>1.  Km.  vl  1, 

IX  and  i>  related  at  length  b;  Plutarch  in  hu  Life  of  Uarius.  Plutarch 
calls  the  Boldier  Trebomua ;  TaleriuB  call*  him  Cains  PloUos.  It  la 
also  mentioneil  in  the  third  of  tlie  declamatinDS  attribntad  to  Quin- 
tilian.  Of  what  couoiry  the  wldiac  was  »  natiTe  no  athec  atttbor 
■pe<nfiea.  Spatding. 
t  Quetrijou  of  right. 

fQoeitioD  of  &cb 
a  0,  swt.  60. 

U  C.  2fi  . 

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848  QtriHTILIAIT.  [B.III. 

himulf  of  opinion  that  tbo  itint/tinr,  the  point  of  judgment,  ii 
the  consideratioa  orisiag  from  the  ttate  ;  and  in  addressing  Tm- 
batius.  a  lawyer  of  his  time,  he  calls  it  the  point  about  which 
the  diteuMtion  m,  and  terma  the  particulars  in  which  that 
point  is  contained  eontifientia,  tbe  "  containing  particulars ;" 
the  firnawenta,  "  eupports"  as  it  were  of  the  defence,  aithont 
ahich  there  would  be  no  defence  at  all.  10.  But  inhiBParfifionet 
Oratorite*  be  calls  tiae  firmamentum  that  which  is  opposed  to 
the  defence ;  because  the  continent,  the  "  containing  point,"  as  it 
is  the  first  thing,  is  advanced  by  the  acctiser ;  while  the  ratio, 
■  "  mode  of  defence,"  proceeds  from  the  defendant;  and  from 
the  apposition  of  the  ratio  tuA  firvtamertium  arises  the  question 
for  decision. 

Those  authors,  therefore,  have  settled  the  matter  more 
iudiciously  and  concisely,  who  have  made  the  ttate,  and  the 
containing  point,  and  tbe  qaettion  for  deeition,  to  be  all  the 
same,  and  have  pronounced  the  containing  point  to  be  that 
without  which  there  would  be  no  discussion.  20.  In  this 
"  containing  point"  they  seem  to  me  to  have  included  both 
allegations,  that  Orettet  kiUed  hi*  mother,  and  that  Clytern- 
neetra  kiUed  AgamemnOTt,  The  same  writers  think  that  the 
ttate  and  the  point  for  judgment  always  concur ;  and  indeed 
any  other  opinion  would  have  been  at  variance  with  their 
views. 

21.  But  this  studied  snbtilty  about  names  of  things  is  but 
ostentations  labour,  and  has  only  been  noticed  by  me  that  I 
might  not  appear  to  have  given  too  little  consideration  to  tbe 
work  which  1  have  taken  in  hand ;  but  a  master  who  teacbea 
without  afEectation  need  not  split  his  mode  of  teaching  into 
such  minute  distinctions.  S3.  Excessive  subdivision  is  a  fault 
into  which  many  rhetoricians  have  fallen,  and  especially  Her- 
magoras,  a  man  otherwise  of  great  sagacity,  and  deserving  of 
admiration  on  many  accounts,  and  censurable  only  for  too 
anxious  diligence,  so  that  even  what  we  blame  in  him  is  no*, 
unworthy  of  some  degree  of  commendation.  33.  But  the  way 
which  I  follow  is  far  shorter,  and  for  that  reason  plainer,  and 
will  neither  fatigue  the  learner  with  long  windings,  nor  ener 
vale  tbe  body  of  his  language  by  portioning  it  oat  into  minute 
particulars.t     For  he  who  sees  what  point  it  is  that  cornea 

"  c.  a». 

t  A  mixture  of  metaphon  uuiuiul  with  QuintiliWL 


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OH.XL]  EDUCATION   OF  AS  ORATOR.  !)49 

into  controversy ;  what  the  opposite  side  wishes  to  do  with 
regard  to  it,  and  by  what  meanB ;  nbat  his  own  side  has  to 
do,  (a  particular  especially  to  be  regarded,)  cannot  be  without 
a  full  understasding  of  all  tbe  matters  on  whicb  I  have  just 
spoken,  34.  Nor  can  there,  we  may  say,  be  any  person,  uot 
utterly  devoid  of  sense,  and  a  stranger  te  all  practice  in 
pleaduig,  that  does  not  know  what  it  is  that  gives  rise  to  a 
diBcnsaion,  (which  is  called  by  the  rhetoricians  the  eavu  and 
the  eontaining  point,)  what  is  the  question  between  two 
parties,  and  on  what  point  judgment  must  be  given ;  which 
three  things  are  indeed  all  the  same  ;  for  tbe  subject  of  the 
question  is  that  which  comes  into  controversy,  and  judgment 
is  given  respecting  that  which  is  the  subject  of  the  qaestion. 

86.  But  we  do  not  perpetually  keep  our  attention  fixed  on 
these  matters,  but,  moved  with  ^e  desire  of  obtaining  praise 
by  whatever  means,  or  carried  away  with  the  pleasure  of 
speaking,  we  allow  ourselves  to  wander  from  our  sut^ect ;  since 
matter  without  the  cause  is  always  more  abundant  than  within 
it,  for  in  the  controversy  itself  Uiere  is  indeed  comparatively 
little,  and  everything  else  b  beyond  its  hmits  ;  and,  in  the  one 
case,  we  speak  only  of  matters  in  which  we  have  been  in- 
structed, in  tbe  other,  on  whatever  we  please.  Q6.  Nor  is  it 
so  much  to  be  chained  upon  ourselves  that  we  should  discover 
the  ^uMtton,  the  eontaining  point,  and  Qib  point  for  judgment, 
(for  te  discover  them  is  easy,)  as  that  we  should  always  look  - 
steadily  te  our  object,  or  at  Irast,  if  we  digress  frvm  it,  should 
recover  sight  of  it,  lest,  while  we  are  striving  for  applause,  our 
arms  shodd  drop  from  our  grasp. 

37.  The  school  of  Theodoras,  as  I  said,*  distmguisheB 
every  thing  into  head*  ;  under  which  term  several  particiilarB 
are  comprehended.  Under  the  first  only  the  main  question, 
the  same  as  the  >tat»;  under  the  next,  other  questions,  which 
refer  to  the  rnain  question  ;  under  the  third,  the  proposition 
with  its  proofe.  "Hie  word  is  used  in  tbe  same  sense  in  which 
we  say  caput  rei  eit,  "  it  is  the  head  of  the  business ;"  in 
Menander,*  »f<iXa/<r  ion.  But.  in  general,  whatever  is  to  be 
proved  will  be  a  head,  whether  of  greater  or  lesser  importance. 


t  iimiabiu  inppoaeB  tQat   neoKaatr  xae  rnetonown  a  nuniit: 
OiJliBQi  and  Spalding,  with  more  prolwbilit;,  Henander  the  writer  of 

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290  QDnmLIAH.  [&UL 

&8.  Since  I  have  now  iet  fortli,  eren  more  circumstiintiAllj 
than  naa  requisite,  wh&t  ta  tangbt  on  these  points  bf  the 
writers  of  books  on  rhetoric ;  and  since  I  have  airaady*  speci- 
fied the  several  parta  of  judicial  causes,  mj  nert  book  shall 
treat  tijfromni  ta  exordia. 


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ZDDCATIOH  or  AN  ORATOR. 


INTRODUCTION. 


rhe  mndsMia  at  the  outer  of  Domitiui  oommittad  to  ttn  tnitloii  «t 
QoinmiMi ;  >  mw  motire  foe  care  in  oampodng  hii  woA.  Bm 
prooeedi  to  ipeak  of  tbe  exotdinm  of  a  ipMoh,  die  statement  of 
uct^  the  prool,  tike  refutation  of  adveiw  allegatioDi,  and  tlw 
penntion. 

1.  Abter  fimBhing,  mj  dear  Marcellua  Victor,  the  third 
book  of  the  work  dedicated  to  yoo,  and  completing  about  the 
fbnrth  part  of  mj  taak,  a  motive  for  fresh  dihgence,  and  deeper. 
Bolioitude  as  to  the  judgment  tbat  I  ma;  deserre  from  tba 
public,  have  occurred  to  me.  Hitherto  we  were  but  compar- 
ing Btudies,  as  it  were,  between  oorsehes ;  and  if  mj  method 
of  inatruction  was  but  little  approved  by  others,  I  thought  mj- 
Bolf  likely  to  be  quite  conteuted  with  our  domestic  advantage^ 
deeming  it  sufficient  to  wgaiaio  the  education  of  jonr  sou  and 
my  own.  S.  But  since  Domitian  Augustus  has  rouchsafed 
me  tfae  charge  of  his  sister's  gnmdBons,*  I  should  not  suffi- 
ciently feel  the  honour  of  his  divine  judgment,t  if  I  were  not 
•to  estimate  the  greatness  of  m;  underlining  as  proportioned 
to  thia  distinction.  3.  For  what  pains  can  I  spare  m  the  cultia 
vation  of  the  morals  of  youth,  in  order  that  the  most  upright 
yf  censors  |  may  have  reason  to  approve  them  ?  Or  in  prD* 
moting  their  studies,  that  I  may  not  be  found  to  have  disap- 
pointed, in  this  respect,  the  expectations  of  a  prince  most 
eminent,  not  only  in  other  accomplisbmeDts,  but  also  in  elo- 
quence?    4.  And  if  no  one  is  surprised  Uiat  the  greal«st 

*  The;  were  the  sons  of  Elavios  Clemena  and  DomitilU,  the  gnmd- 
daughtec  of  YeepuiaD,  who  wu  the  daughter  of  another  Domitilla, 
the  aiater  of  DomitiaD  ;  the  name  of  the  latter  Domltilla'a  husband  is 
unknown.  See  Suet.  Dom.  o.  IS ;  Dion.  Can.  p.  1112,  ed.  Reim. 
Spaldmg. 

f  Similar  adulation  ia  beilawad  W  Telleina  Patercaloi  on  Tiberin^ 
iL  94,  104  1S3.  Domitian  asaumed  to  himaelf  the  titles  of  Domiatmt 
and  Don,  aa  ii  related  by  Saetooiiu,  Dom.  c.  IS.  See  also  Martial^ 
%.  V.  81 ;  I.  72  i  iii.  13,  IG,  e,  10.  Se«  BortbitM  ad  Sut.  8;1t.  i.  1, 
03.    Spaldmp. 


D,j,,..;uL,Coo^lc 


DS9  QCINTILUIf.  [S-IT. 

poets  hare  often  inToked  the  Musea,  not  only  at  the  beginning 
of  tlieir  works,  bat,  oil  advancing  in  their  course,  and  arriviDg 
fttBomepointof  great  impoitwice,  have  renewed  their  add^esGe>^ 
itnd  used  as  it  were  fresh  solicitatioDS,  6.  I  myself  dhall  surelj 
be  pardoned  also,  if  I  now  do  that  wliich  I  omitted  to  do  when 
I  entered  on  my  subject,  and  call^l  -the. ct^es :,to  mj  aid, 
and  especiallj  him  than  whom  there  is  no  deity  more  auspicious 
or  more  peculiarly  favourable  to  learning ;  in  order  tfa^  he  nle.y 
inspire  me  vrith  ability  proportioned  to  the  expectation  "hich 
he  has  raised  of  me,  may  propitiously  and  kindly  support  me, 
and  render  me  in  reality  such  as  be  has  supposed  me  to  be. 

6.  For  such  devotional  feeling,  this,  though  my  greatest,  is 
not  my  only  reason ;  for  besides,  as  my  work  advances,  the 
parts  on  which  I  am  .^S^fipg  Wo^no'e^  important  and 
more  difficult  than  those  which  nave  preceded  them.  It 
is  now  to  be  shown,  in  the  next  place,  what  is  the  proeut 
of  judieial  eaiua,  which  are  extremely  numerous  and  diver- 
sified ;  what  is  the  purpose  lA  the  exordium :  "what  is  the 
proper  form  of  a  ttatement  of  facts ;  what  constitutes  the  force 
of  proof/,  either  when  we  confirm  our  own  assertions,  or  over- 
throw those  of  our  adversary ;  and  what  is  the  power  of  a  pero- 
rtititm,  either  when  the  memoty  of  the  jui^e  is  t«  he  reir^hed 
by  a  short  rec^itulation,  or  when,  what  is  &i  the  most  efibc- 
tire,  his  feelings  are  to  be  excited.  7.  On  these  particulars,  some 
authors,  as  if  they  dreaded  the  weight  of  the  whole  in  a  body, 
have  preferred  to  write  separately,  and  even  thus  have  published 
several  books  on  each  of  them ;  while  I,  having  ventured  to 
embrace  them  all,  see  before  me  a  labour  almost  boundless, 
and  am  oppressed  with  the  very  thought  of  the  task  which  I 
have  undertaken.  But,  as  I  have  b^o,  I  must  persevere ; 
and,  if  I  fail  in  strength,  must  nerertheleaa  proceed  with 
oourag*. 


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OH  I.]  BDUOATIOH  OF  AH  OKITOK.  368 

CHAPTER  I. 

Ktjmologj  of  til*  word  proem,  S  1 — S.    An  emniMiu  praetio  In  tha 
mIuwIb  and  in  the  fonm^  L    ObJBol  of  tbe  proem  or  exonliuDi,  S> 

How  the  good  will  and  attenUon  of  the  jud^  may  b«  gkined  bf 
alliunon  to  different  characten  conoemed  id  the  oauM^  6 — 19, 
FarthBT  obeervstiona  on  the  nine  nibject,  20  -27,  Difhrenea 
between  the  exordium  and  the  oonoliuion,  28,  29.  Matten  con- 
nected  with  the  oharactere  and  the  oavuw  to  be  ooniidend,  BO — 83. 
SoUdtude  to  be  shown  b;  the  pleader ;  brerit;  ta  be  prDmiaed  ; 
accurate  division  of  matter  to  be  mode,  S3 — W.  To  eonciliata 
the  judge  must  be  the  pleader's  ooDstant  objetrt  tliroiighoiit  hja 
upeeoh,  9T—S9.  FiTs  kinds  of  eausea,  40 — 11.  Some  make  two 
purpoeea  of  a  proem,  pcopodUon  and  insinuation ;  the  lattar  mon 
eaaj  for  the  advocate  than  for  his  client,  12 — 19.  An  nimeeoaaary 
rale  of  the  Apollodoreans,  GO,  £1.  Points  to  be  regarded  in  ma 
eiordiiun,  G2— SO.  The  apBaW*  memory  mnat  not  fsil  him  in 
it,  61.  Its  lengtii  must  be  prop^ntionad  to  tlie  oani^  82.  Whethw 
apostrophe,  and  other  flgnns  <tf  speedy  may  be  nacd  in  it,  S3 — TL 
Whether  a  formal  exordium  is  alwayi  neoeeaaty,  72— TS.  Mode  of 
tranidtiMi  to  the  stAtement  of  fbots,  f  6 — 79. 

1.  That  which  is  called  the  fif^ntn^,  or  raonfiunt  in  Latiii. 
the  Greeks  eeem  mth  greater  reason  to  have  termed  the 
irgwiiuBt :  for  by  our  writers  is  signified  only  a  eommmeemtta, 
but  ^e  Greek  liietoricians  plainly  ahovr  that  this  ia  the  part  pre- 
liminaiy  to  the  entrance  on  the  sutgect  on  which  the  orator  ia 
to  epeok.  S.  For  whether  it  be  beoanse  olfi,^  signifies  a  tune, 
and  players  on  the  lyre  *  hare  called  the  short  prelude  that 
they  execute,  for  the  purpose  of  conciliating  f&Tour,  before  thc^ 
enter  upon  the  regular  contest  for  the  prize,f  a  protemium, 
orators,  in  consequence,  have  distdnguiahed  the  address  which 
they  make  to  gain  the  good  will  of  &.t  judges,  before  they  com- 
mence their  pleading,  by  the  same  appellation ;  3.  or  whether, 
because  the  Greeks  call  a  way  ai/tat,  it  became  a  practice  to  call 
that  a  pTO^mium  which  precedes  the  entrance  on  a  SDlgect ;  it 
is  certainly  the  proem,  or  exordium,  that  pioduces  a  good  effect 
on  the  judge  before  he  nnderstands  what  the  cause  is ;  and  we 
act  erroneously  in  the  acbools,  ia  using  exordia  of  such  a  nature 

*  Aristot.  Hhet.  iii.  it,  I. 

t  Legitimum  ceriiaten,]  Some  read  earmm,  obserna  BoUln.  Spald* 
ing  lajt  that  he  met  with  rarnot  in  the  tazt  only  of  one  mannscrlpl^ 
but  saw  it  in  the  margin  of  aoroe  others.  "  It  ia  the  4y^  that  ia 
meutt,  in  which  they  contended  for  the  honour  and  reward  of  alcilL 
Examples  are  numerons ;  ses^  tji,  Sorton.  Ner.  0. 1%  2%  28.*    Aowf. 


D,j„..;uL,  Cookie 


SU  (Wjnmuur.  [air 

a*  if  the  judge  was  thotongbl;  acquainted  with  the  cause.  4. 
The  liberty  taken  in  thu  respect  aiises  from  the  drcumstanoe 
that  the  nnial  idea  of  the  cause  *  is  given  prarions  to  the  com- 
mencement of  the  declamation.  Sodi  kind  of  exordia  may 
be  adopted  indeed  in  the  foram  in  steond  processes,  but 
in  a  ^Ttt  process  f  seldom  or  ever,  onless  we  chance  to 
plead  before  a  jnt^e  to  whom  the  matter  has  become  known 
from  some  other  qnarter. 

6  In  giring  an  exordium  at  all  there  is  no  other  object  bnt 
to  prepare  the  hearer  to  listen  to  us  more  readilj  in  the  sub- 
sequent parts  of  our  pleading.  This  object,  as  is  agreed 
among  most  authors,  is  principally  effected  bj  three  means, 
by  securing  his  good  wiU  and  attention,  and  by  rendering  him 
derirem  offurihtr  information ;  not  that  these  ends  are  not 
to  be  kept  in  view  throughout  the  whole  pleading,  but  because 
they  are  pre-eminently  necessary  at  the  commencement,  when 
we  gun  admission  as  it  were  into  the  mind  of  the  judge  in 
order  to  penetrate  still  iarther  into  it. 

S.  As  to  good  wiU,  we  either  gun  it  from  penont  connected 
with  the  oansa,  or  have  it  from  the  omut  itself.  But  in  respect 
to  ^toTit,  regard  is  not  to  ii  had  to  throe  only,  (as  most  riie- 
toncians  have  supposed,)  tne  picmmtor,  the  deftndant,  and  the 
judge ;  for  the  exordium  sometimes  takes  its  ooraplexion  from 
the  character  of  the  pleader ;  and  though  he  speEUcs  sparingly 
and  modestly  conoeming  himself,  yet,  if  he  be  deemed  a  good 
man,  much  inflnence,  in  reference  to  the  whole  cause,  may  de- 
pend on  that  ooDsideratiou ;  for  he  will  then  be  thonght  to  bring 
to  the  support  of  his  party  not  merely  the  zeal  of  an  advocate, 
but  almost  the  testimony  of  a  witness.  7.  Let  him  be  regarded 
as  ooming  to  plead,  therefore,  from  being  induced  by  obligations 
of  kindred  or  friendship,  or  above  all,  if  it  be  possible,  by  respect 
for  his  country,  or  for  some  strong  considerations  of  precedent. 
This,  without  doubt,  is  still  more  to  be  observed  by  the  parties 

*  IU»  (wittt  imago  Itfu.]  That  i^  Ota  thema,  lAioh  li  prefixed  to  th« 
deolsmition,  m  in  thaw  of  Seneca  and  Quintilian.  S«e  iv.  3,  28 ;  vii. 
1,  i.  Spalding. 
f  SmMdii  actitMSnit — frimii  quidem  m>r&]  Stamda  acliona  &ra 
.  aaok  u  tlie  Wiri  teatnda  aetimit  agunst  Teirea,  when,  u  the  trial 
oould  not  be  brousl^t  to  an  end  at  once,  it  -wu  Bdjoamed  for  three 
dafi.  Not  that  ^ia  Komda  aetia  reallj  took  plaae  ;  but  such  in  tha 
way  in  which  Cioero  represent!  the  cue.  Prima  octiona  ue  mentdoned 

xu.»,ie.   "-■-•■- 


D,j„.„_,  Cookie 


<m.L]  EDDOAnOK  or  AS  OUTOB.  306 

themselvee,  so  that  the;  ma;  seem  to  go  to  law  from  soms 
important  and  honourable  motive,  or  even  from  necessity. 

8.  But  as  the  aatborii;  of  the  ^leaker  becomes  thus  of  the 
highest  efficacy,  if,  in  bis  undertaking  the  buBiDeas,  all  suspi- 
cion of  roeanuesa,  or  hatred,  or  ambition,  be  far  removed  fiom 
him,  80  it  is  a  sort  of  tacit  commendation  to  bim,  if  he  represents 
himself  as  weak,  and  inferior  in  ability  to  those  acting  ageinst 
him,  a  practice  which  is  adopted  in  most  of  the  exoidia  of 
MeEsala.  0.  For  there  is  a  natural  feeling  in  behalf  of  those 
oppressed ;  and  a  conscieutioaB  judge  most  willingly  listens  to 
on  advocate  whom  he  does  not  suspect  of  any  design  to  draw  ^y 
him  from  justice.  Hence  arose  that  dissembling  of  the  speakers 
of  antiquity  to  conceal  their  eloquence,  so  extremely  different 
from  the  ostentation  of  our  times. 

10.  We  must  also  take  care  not  to  appear  itisoUnt,  maUg- 
nata,  overbtaring,  or  reproaehful  towards  any  man  or  body  of  '^ 
men.  especially  sut^  as  cannot  be  wounded  without  exciting 
an  unfavourable  feeling  in  the  judge.  11.  That  nothing 
should  be  said  against  t£e  judge  hunself,  not  only  openly,  but 
nothing  even  that  can  be  understood  as  adverse  to  bim,  it 
would  be  foolish  in  me  to  advise,  if  sttch  thin^  did  not  some- 
times take  place. 

The  character  of  tk*  adeoeats  for  tht  oppotits  party  mnj 
Bometimea  afford  us  matter  ft>r  an  exordium ;  if  we  speak  ot 
him  sometimes  with  honour,  making  it  appear  that  we  feai 
his  eloquence  and  influence,  so  as  to  render  them  olnects  of 
suspicion  to  the  judge ;  or  sometimes,  though  very  rarely,  with 
contempt,  as  Asinius  Pollio,  in  pleading  for  the  heirs  of 
Urbinia,*  enumerates  the  choice  of  Labienus  as  advocate  for 
the  opposite  party  among  the  proofe  of  the  badness  of  their 
cause.  13.  Gomelins  Celsus  denies  that  such  remarks  consti- 
tute exordia,  as  having  no  relation  to  the  cause ;  I,  however, 
am  led  to  form  a  contrary  opinion,  not  only  by  the  authority 

■  To  tha  raml^  between  jUlniiu  PolUo  uid  Libienu*  I  have 
allnded  on  L  S,  8.  The  tfrUnian  eue,  u  &r  u  it  can  be  undentood 
from  two  oUier  pMmgea  in  vhioh  it  ia  aaHorA,  (vii.  3,  S.  26,)  was  (rf  the 
tbUowing  nature  :  Certwn  penoaa,  who,  raatdng  their  duma  eltber  on 
I  will  ot  an  TelBtioDHhip,  aoasht  to  getpoeaeBsion  of  the  proper^  of 
Orbtnia,  were  oppoeed  by  Cluaiiiiiu  ligulm,  whom  the  ctaiiaHlta 
ieoUred  to  be  a  alave,  bia  real  name  being  Soaipater ;  and  whoaa 
thaiBcter  Pollio  tried  to  depreciate  b7  remarting  on  hia  eonneiioa 
with  a  man  ao  unprinoipled  aa  Labienno.    Comp.  ai  1,  }3.    Sjj<Udi»g, 

D,j„..;uL,Coo^lc 


IBS  QDDrnLIAlI.  [ftST. 

of  the  greatest  authon,  trat  because  1  codsia«r,  for  my  own 
part,  that  whatever  relates  to  the  pleader  of  the  cause  r^tes 
to  the  oause  itaelf ;  since  it  is  but  natural  that  jadges  should 
be  more  incUnied  to  believe  those  whom  they  aremore  indiaed 
to  hear. 

13.  As  to  the  character  of  the  proteeutor,  it  may  be  treated 
in  variouB  ways ;  sometimes  his  worth  may  be  asserted,  some- 
timea  his  weakness  commended  to  uotice.  Sometimes  a  state- 
ment of  his  merits  may  be  proper,  when  a  pleader  may  nieak 
with  less  reserv«  in  prtuse  of  another's  worth  than  he  would  ia 
tlut  of  his  own.  Sex,  e^,  condition,  are  of  great  influence, 
as  in  the  case  of  women,  old  men,  or  wards,  when  th^  plead 
in  the  character  of  wives,  parents,  or  ohildieu.  14.  Commi- 
seration alooe,  indeed,  has  efTect  even  upon  a  right-minded 
judge.  Bat  such  matters  are  to  be  lightly  touched,  and  not 
exhausted,  in  an  esordinm. 

The  character  of  the  advenary  is  commonly  attacked  with 
references  to  topics  of  a  similar  nature,  but  directed  against 
him ;  for  on  the  powerful  envy  must  be  shown  to  attend,  on 
the  mean  and  abject,  contempt ;  on  the  base  and  oriminal, 
hatred ;  three  qualities  that  have  great  power  in  alienating  the 
l&vour  of  the  judges.  15.  Nor  b  it  enough  merely  to  state 
sncb  particulars,  (for  this  is  in  the  power  even  of  tbe  ignorant,) 
but  most  of  them  must  be  mt^mfled  or  extenuated,  as  may 
be  expedient ;  for  to  give  effect  to  them  is  the  business  of  the 
orator ;  the  mere  expression  of  them  may  be  inherent  in  the 
cause  itself. 

1 6.  The  favour  of  the  judge  v-  shall  conciliate,  not  merely 
by  offering  him  praise,  (which  ought  indeed  to  be  given  with 
moderation,  though  it  is  to  be  remembered  at  the  same  tiipe, 
that  the  privilege  of  offering  it  is  common  to  both  parties,)  but 
by  tumii^  his  piaisee  to  the  advantage  of  our  cause,  appealit^, 
in  behalf  of  the  fuAU  to  his  dignified  station,  in  behalf  of  the 
humbU  to  his  justice,  in  behalf  of  the  anfortimate  to  his  pi^, 
in  behalf  of  ^e  iigured  to  his  severity ;  and  using  similar 
appeals  in  other  cases.  17.  I  should  wish  also,  if  possible,  tc 
niow  the  character  of  the  judge,  for,  according  aa  it  may  be 
violent,  gentle,  obliging,  grave,  austere,  or  easy,  it  will  be 

S-oper  to  make  hia  feelings  subservieut  to  our  cause  where  they 
II  in  with  it,  aud  to  soften  them  where  they  are  repugnant  to  it 
18.  But  it  sometimes  happens,  also,  that  he  who  sits  aa 


D,j„.„^L,  Cookie 


oa  I.J  KDUoA-nou  op  as  oratoe.  257 

Judge  Is  either  ovr  enemy  or  tbe  friend  of  oar  opponent,  a 
circumstance  which  ought  to  claim  the  attention  of  both  sideu, 
but  more  particularly,  perhapa,  of  that  to  nhich  the  judge 
eeeniB  to  incline.  For  there  is  sometimes,  in  unprincipled 
judges,*  a  foolish  ppopeusity  to  give  sentence  gainst  tneir 
friends,  or  in  favour  of  parties  iritn  whom  they  ore  at  enmity, 
and  to  s«t  unjustly  that  they  may  not  seem  to  be  unjust. 

19.  Some  have  been  judges,  too,  in  their  own  causes.  I 
find,  for  instance,  in  the  books  of  observations  published  by 
Septimius,t  that  Cicero  was  engs^  in  a  cause  of  that  nature ; 
and  I  mvself  pleaded  the  cause  of  Queen  Berenice!  befor« 
that  queen  herselt  In  this  case  the  mode  of  proc^edure  is 
similar  to  that  in  thoee  which  I  have  just  mentioned  ;  for  he 
v'ho  pleads  in  opposition  to  the  judge  exaggerates  the  confi* 
dence  of  his  client,  and  he  who  pleads  in  his  favour  expresses 
apprehension  of  feelings  of  delicacy  on  his  part.§  30.  0[a- 
niona,  moreover,  such  as  the  judge  may  appear  to  have  brought 
with  him  in  favour  of  either  party||  ae  to  be  overthrown  or 
establiiihed.  Fear^  is  sometimes  to  be  removed  from  the 
mind  of  the  judge;  as  Cicero,  in  his  speech  for  Mile,  strove  to 
convince  the  judges  that  they  were  not  to  think  the  arms  of 
Pompey  arrayed  agunst  them  ;  and  sometimes  to  be  held  out  to 

*  Pravii  jmdiabiu  Am  ambittal]  Aldus  reads  prava*. 
.  f  To  this  Septimius  and  his  work  no  oUier  writer  appeon  to  nuka 
any  Blltuiao,  .  ,  .  The  cause  ia  which  Cicero  wu  engaged  caniiot  have 
been  like  any  of  thoee  of  his  pleading  with  which  we  ore  acquainted, 
u  UiDee  of  Liearlus,  Delotarue,  ManxUus,  (to  which  Turnebus  com- 
pares it,}  for  those  were  causes  of  Ccesar  himaelf,  before  whom  thej 
Wweijaadad,     Spalding. 

J  She  nith  whom  Titus  ww  in  love,  and  to  whom-kaAPen  promiisd 
nwrriaga,  but  was  obliged  to  aead  her  away  from  JWme  against  hia 
win  and  her  own ;  ^uet  Tit.  c  7.  She  whb  the  daughter  of  the  elder 
Agrippa,  tting  of  Judsca,  and  widow  of  Herod,  her  own  unole,  king  of 
Chalcis  in  Syria.  As  she  twice  resided  at  Rome,  tint'  in  the  reign  at 
VeapaaiBn,  and  afterwards  in  that  of  Titus,  when  she  sttamptod  to 
revive  tliut  prince's  affection  for  her,  ehe  might  have  had  legal  disputea 
from  vaiiouB  ameen,  but  I  Und  no  aliiiaion  to  any  elsewhere,   Spalding, 

i  The  orator  who  pleads  agunst  the  judge,  boasts  of  the  oonfldanos 
of  his  party  in  having  nothing  to  fear  trom  the  judge,  (bough  be  is 
also  their  opponent.  The  orator  who  is  on  the  judge  a  wde,  iotimatea 
his  fear  that  the  judg^  from  blse  delicacy,  may  give  BCUtence  against 
bimself,  though  lus  cause  is  just,     SoSin. 

II  Pracmui.']  Pra  alteri  parit,  tJioagh  be  ou^t  to  b>  atrictly  im* 


D,j„.„_,Coo^|i: 


258  QniKTILUn.  [k  it. 

them,  as  Cicero  acted  in  lus  pleadings  against  Verres.*  31,  But 
of  the  tno  modes  of  produQing  fear  in  the  judges,  tbe  one  is 
common  and  irell  recnved,  when  we  express  concern,  for  ez- 
^  ample,  that  the  Soman  peoplt  may  not  think  imfavouraUy  oj 
than,;  or  that  thHr  privilege  of  fitting  at  judge*  may  not  be 
trim^erred  from  them  to  anoth^rbciiyyt  but  the  other  b  unusual 
and  violent,  when  Hie  speaker  threatens  the  judges  with  a 
charge  of  briberj ;  a  threat  which  it  is  certainly  ^er  to  address 
to  a  larger  bodj  of  judges  than  to  e.  email  one,  for  the  bad  are 
alarmed  and  the  ^aod  pleased,  but  to  a  single  jadge  I  should 
never  recommend  it  to  be  used,  unless  e^ery  other  resource 
has  failed.  32,  But  should  necessity  drive  us  to  it,  it  is 
no  part  of  oratorical  art,  any  more  than  to  appeal  from  the 
judgment  of  the  tribunal,  (tbongb  an  appeal  is  i^t«n  advanta- 
geous,) or  to  impeach  a  judge  before  he  gives  sentence;  for 
one  who  is  not  an  orator  may  threaten  and  denounce. 

83.  If  the  nature  of  the  cause  itself  afford  us  topics  for  con- 
ciliating the  judge,  it  will  be  proper,  above  all,  that  such  of 
them  be  se]ect«d  for  introduction  into  the  exordium  as  may 
appear  most  &vourable  to  our  object.  On  this  head  Virginina ; 
is  in  error,  for  be  says  Theodorus  is  of  opinion  that  from  every 
question  in  the  cause  some  thought  may  be  selected  for  the 
exordium.  Q4.  Theodorus  does  not  say  this,  but  merely  that 
the  judge  is  to  be  prepared  for  the  most  important  points ;  a 
precept  in  which  there  would  be  notliing  objectionable,  if  it 
did  not  enjoin  that  as  a  general  rule  which  every  plrading 
does  not  admit,  and  which  eveiy  cause  does  not  require.  For 
when  we  rise  to  open  the  case  on  behalf  of  the  prosecutor, 
ivhile  it  is  still  unknown  to  the  judge,  how  shall  we  bring 
forward  thoughts  from  every  question  in  it?  Surely  the  sub- 
ject must  previously  be  stated.  Let  us  admit  that  some  ques- 
tions may  then  be  brought  forward,  (for  eo  the  form  of  our 
pleading  sometimes  requires,)  but  must  we.  therefore,  bring 
forward  all  the  most  important  ones,  that  is,  the  whole  cause  ? 
If  BO,  the  statement  of  facts  will  be  dispatched  in  the  esdrdium. 


liminary  to  the  eiunination  of  tba  witneese*.    l^aldimg. 

t  Frum  the  aeoaton  to  Uia  knighta,  or  from  the  knighta  %>  th> 
■enntore;  cbsngea  which  wen  set 3i«l  timet  nude.    Otpptraiitr. 


D,j„..;uL,  Cookie 


CH.I.]  EDDCATION  0»  AN  OBilTOK.  a.lO 

95.  Or  If,  aa  frequently  faappeos,  the  canae  is  somewhat  diffi- 
cult, Bhould  we  not  try  to  gain  the  goodwill  of  the  judge  in 
otherparts  of  the  pleadings,  and  not  present  the  bare  roughness 
of  every  point  to  his  mind  before  ^e  have  attempted  to  incline 
it  in  our  fiivoui?  If  auch  matters  were  always  rightly 
managed  at  the  opening  of  a  speech,  there  would  be  no  need 
.of  any  fomial  exonlium.  SA.  At  times,  accordingly,  some  paT> 
ticulajs,  whiiih  may  be  of  great  eflect  in  conciliating  the  favour 
of  the  judge,  may  be  previously*  introduced,  and  not  without 
advantage,  in  the  commencement 

What  points,  again,  are  likely  to  gain  us  favour  in  causes, 
it  is  not  necessaiy  for  mo  to  enumerate ;  for  they  will  be  mani- 
fest to  the  pleader,  when  he  understands  the  nature  of  a  cause ; 
and  all  parUcnIars,  in  so  great  a  variety  of  suits,  cannot  possi- 
bly be  specified.  ST.  But  as  it  is  for  the  service  of  a  cause  to 
discover  and  amplify  its  favourable  points,  lo  it  is  expedient  to 
rtfute,  or  at  least  to  extmuaU,  wl»tever  is  prgudicial  to  it. 
Compassion  may  also  spring  from  the  nature  c£  our  canse,  if 
we  liave  suffered,  or  are  likdj  to  snCfBr,  any  severe  miafortuue. 
S8.  Nor  am  I  incGued,  as  some  are,  t«  think  that  an 
exordium  differs  from  a  perorstioa  only  in  this  respect,  t^at 
iu  a  peroration  is  narrated  what  has  gone  before,  and  in  an 
exordium  is  set  forth  what  is  to  come.  The  difference  rather 
lies  in  this,  that  in  the  introdactiftn  the  kind  feelings  of  th« 
judge  should  be  touched,  but  cauttously  and  modestly;  while 
in  the  peroration  we  may  give  full  scope  to  the  pathetic,  we  may 
Attribute  fictitiooB  spoeches  to  our  characters,  and  evolce  the 
dead  and  prodnoe  dieir  tdiildren  ;t  attempts  which  are  not  made 
in  exordia. 

29.  But  as  to  those  feelings  of  pity,  which  Z  mentioned  above,^ 
it  is  necessary  not  only  to  excite  them  in  our  &mur  in  the 
exordium,  but  to  turn  away  the  eSteot  of  them  from  our  oppo- 
nent; and  as  it  b  for  our  advantage  that  our  lot  should  be 
thought  likely  to  be  deplorable  if  we  should  be  defeated,  so  is 
it  that  the  pride  of  our  adversary  should  be  apprehended  a^ 
likely  to  be  overbearing  if  ha  should  conquer. 

*  Itatrim.']  "  In  th*  mean  tiais,'  •.«.,  belbre  proeaeJi^  to  Ute  body 
of  the  apeeoh. 

t  Prnmra  imrMn.]  W*  aboold  retd  reomm,  wbkh  flnlding  Snil 
eonJMmirad,  and  aftarwftrds  fcFund  tn  ths  paange  ■■  (dtsd  by  Cuaio- 
dorm  in  Rhetoribuji  PitliauiiB,  p.  333. 

;  1  suppose  that  he  refers  to  wet.  37.    SpoMntf . 


D,j,,..;uL,Coo^lc 


■60  nvtsmuy.  [B.tT. 

30.  But  esonlia  ore  ofbni  taken  from  matters  which  are  not 
properl;  concema  of  our  clients  or  their  causes,  but  which  yet 
m  aome  way  relate  to  both  of  them.  With  the  p«nont  at  out 
clients  are  connected  not  only  their  wives  and  children,  to 
whom  I  have  previously  alluded,*  but  their  relative*  and 
frimtdt,  and  sometimes  countries  and  cities,  and  whatover  else 
may  be  injured  by  the  failure  of  those  whom  we  are  defending. 
31.  To  the  cause,  among  extomal  circumstances,  may  be 
referred  the  oeeation.  from  which  is  derived  the  exordium  in 
behalf  of  CceliuB ;  f  the  plant,  from  which  is  taken  that  in  behalf 
of  Deiotarus ;  I  the  appearance  of  thinge,  whence  that  in  behalf 
of  Milo  ;§  piMui  optnion,  whence  that  against  Verrea  ;||  and  in 
short,  that  I  may  not  specify  eveiTtbing,  th«  raaort  retpeetin^ 
the  trial,  the  expectation  of  the  people ;  for,  toon^  none  ol 
these  things  form  part  of  the  cause,  they  yet  have  a  con- 
neiiun  witii  the  cause.  83.  Theopbrastus  adds  that  an 
exordium  may  be  derived  from  the  form  of  the  pleading, 
as  that  of  Demostfaenee  for  Ctesiphon  am»earB  to  be,  when 
he  entreats  to  be  allowed  to  apeak  as  be  himself  may  think 
most  proper,  rather  than  aooording  to  the  mode  which  the  pro- 
eecutor  has  laid  down  in  hk  oharge.lf 

39.  Confidence  often  sufiers  ^m  being  thoogfat  to  partake 
of  presumption.  But  artiiioea  which  procure  ns  lavottr,  and 
Khicli,  though  common  to  almost  all  pleaders,  are  not  to  be 
neglected,  oven  if  for  no  other  reason  than  that  they 
may  not  be  first  employed  against  us,  are  to  with,  to 
exjtreu  deteitation,  to  ^£nit,  to  thow  anxiety;  because  if  a 
cause  appears  to  be  brought  forward  which  is  new,  important, 
atrocious,  and  of  consequence  in  regard  to  precedent,  it  gene- 
niUy  renders  the  judge  extremely  attentive,  and  especially  if 
he  is  moved  by  concern  for  himself  or  his  country ;  and  his 
feelings  must  then  be  excited  by  hope,  fear,  admonilion,  sup- 

*  I  ooDuder  tha  aUunon  to  be  to  seot  33,  not,  u  Oeaner  tliiiiki,  to 
wot.  IS.    ^tUdittg. 

t  Fro  C(b].  o.  1,    iftretw  quod  diAMifeetU,  &«l 

i  C.  2.    MotMiT  «(iaRi  lixi  vftmi  ituolnriu,  fto. 

I  C.  1.  Bixe  noviradicii  lurnt  forma,  ^ 

il  Act.  pr.  o.  1.    Iitteltrmit  chhujom  opinio,  fto. 

^  ^^iMbinw  had  lolicitad  the  judges  not  to  allow  Demosthenea  to 
indulge  in  an;  irrsgulari^,  but  to  oblige  hiin  to  reply  to  the  ohaVgsa  in 
Uie  nine  ordar  in  whioh  ha  hinualt  lutd  stated  ttwin.  Hence  I>eiao» 
IboneB  took  his  exordiam.    IWiK^ak 


D,j„.„^.,  Cookie 


0B.I.1  X&tHUnOH  OP  AK  OKATOR.  981 

plication,  and  eyen  by  felae  wpreBentations,*  if  we  dunk  that 
they  will  be  of  aervioe  to  us. 

84.  It  also  has  eflect  in  securing  the  attention  of  the  audi- 
ence, if  they  think  that  we  eball  not  detain  them  long,  or 
enter  npon  matten  foreign  to  the  anbject.  Such  attention  in 
itself  makes  the  judge  desirous  of  information,  and  especially 
if  we  can  Btate,  briefly  and  clearly,  the  substance  of  the  matter 
of  which  he  has  to  take  cognizance ;  a  method  which  Homer 
and  Virgil  have  adopted  at  the  commencement  of  their  poems. 
3C.  As  to  the  lei^^  of  it,  it  should  be  such  as  to  resemble  a 
proposition  rather  than  an  espowtion,  and  show,  not  how  every 
particular  in  the  cause  occnired,  but  on  what  particnlars  the 
pleader  intends  to  speak.  Nor  do  I  know  that  a  better 
example  of  such  a  summaiy  can  he  found  than  that  of  Cicero 
in  his  speech  for  Anlus  Cluentias :  36.  "  I  have  remarked, 
judges,  that  the  whole  speech  of  the  accuser  is  divided  into 
two  pajTtBjf  of  which  one  appeared  to  me  to  rest,  and  princi- 
pally to  depend,  on  the  odium,  now  long  prevalent,  arising 
from  the  judgment  of  Junius,  the  other  to  touch,  for  form's 
sake,  timidly  and  diffidently,  on  the  question  of  the  charge 
of  poisoning,  though  it  is  on  this  point  that  the  present 
inquiry  has  according  to  law  been  instdtuted.**  All  this,  how- 
ever, is  more  easy  for  the  defender  than  the  prosecutor, 
bectuise  by  the  one  the  judge  is  merely  to  be  warned,  by  the 
other  he  must  be  informed. 

S7,  Nor  shall  any  authors,  however  eminent,  induce  me  to 
entertain  the  opinion  that  I  may  sometimes  dispense  with 
rendering  the  judge  attentive  and  willing  to  listen.  (Not  that 
I  am  ignorant  of  the  reason  which  is  alleged  by  them,  namely, 
that  it  is  for  the  advantsge  of  a  bad  cause  that  its  nature 
should  not  be  understood;  but  the  truth  is,  that  the  judge's 
ignorance  of  a  cause  does  not  arise  from  inattention  on  his 

*  VamlaU-J  That  U  mendaelo,  m  Cspperonier  haa  rightly  expluned 
it  BadiuH,  BoUin,  md  Qedcmi,  fixing  thmr  thoughts  niiha^nly  on 
tliedr  own  lasguage,  uadentand  it  in  t£e  «ni>e  of  ambitimie  jvdf^it  / 
and  I  am  aiupriaed  to  aee  that  Gosner  is  siinilarl;  iDolined.  Com- 
para  zi.  2,  22. .  .  .  How  Quintilion  oon  uphold  bis  orator,  who  ig  to  ba 
a  good  Bon,  in  this  vaniiat,  I  leiive  fur  otbera  to  consider,     ^mlding. 

i-  Cljuntiua  bad  been  accused,  first  of  having  procured  the  cod- 
demnation  of  Oppianicua  bv  bribing  the  judges,  or  rather  jury,  in  lh« 
trial  before  Jriniua ;  teeondlf,  of  i^Ting  given  poiaon  to  Oj^ianico* 


't,Goog\c 


part,  but  from  error  into  nhich  he  is  led.)  38.  Suppose  that 
our  adversaiy  has  apoken,  and  has  perhaps  prodaced  conviction 
in  the  judge ;  we  require  that  his  opinion  should  be  changed, 
Bnd  it  cannot  be  nltered  unless  ne  render  him  attentive  and 
nilling  to  listen  to  what  we  are  going  to  say.  How  are  we  to 
act  then  ?  I  consider  that  some  of  our  adversair'e  arguments 
must  be  weakened,  or  depreciated,  and  noticed  with  a  sort 
of  contempt,  in  order  to  lessen  the  strong  feeling  of  favoui 
which  the  judge  has  for  the  oppowte  party ;  a  method  whic>; 
Cicero  adopted  in  pleading  for  Ligarios.  39.  For  what  elst 
was  the  object  of  that  irony,*  but  Uiat  Csesar  might  be  inducet: 
to  give  less  attention  to  the  cause,  as  presenting  no  extniordi' 
nary  features?  What  is  the  pnrpose  of  the  speech  for  GeUus 
but  that  the  charge  might  seem  less  important  than  it  wn: 
thought  to  be  ? 

But  of  the  rules  which  I  have  proposed,  it  is  evident  tha 
some  are  applicable  ta  one  sort  of  causes,  and  some  to  another 
40.'The  kinds  of  causes,t  too,  moat  rhetoricians  pronounce  ti 
be  five,  the  hvnourahU,  the  mean,  the  dovbtfal  or  amhiguow 
the  paradoieieal,  and  the  obieurt ;  that  is,  the  ti-Sogoy,  the  5ae|oi 
the  ia^ii^ot,  the  mi^dd^tr,  and  the  iun^a^xoXoie^m.  Som 
think  that  to  these  it  is  proper  to  add  the  base,  which  som 
comprehend  under  the  mean,  others  under  the  paradosical 
41.  What  they  call  paradoxical,  is  something  that  is  hrough 
to  pass  contrary  to  human  expectation.  In  an  ambiguov 
cause  we  should  make  it  our  chief  object  to  render  the  judg 
weU  affected,  in  an  ohicvre  one  dmrovt  of  informatitm,  in 
mean  one  aUenlive.  As  for  an  konauraUe  cause,  it  has  suffl 
cient  attraction  in  itself  to  conciliate  ;  in  one  that  is  parudoa 
ical  or  base,  there  is  need  of  palliation. 
^^^  42.  Hence  some  divide  the  exordium  into  two  parts,  th 
introdiiction  and  the  iimnualiun ;  in  order  that  in  general,  ii 
the  introduction,  there  may  be  a  straightforward  reqaest'  fo 
the  judge's  goodwill  and  attention;  but,  as  this  cannot  b 
made  in  a  dishonourable  cause,  some  insinuation  may  then  b 
directed  cautioualy  into  his  mind,  especially  if  the  aspect  <; 

•  Comp.  Beot.  70, 

t  ThU  has  refatwioe  only  to  tha  fwUeiale  gauu  cmitarvm.  of  wblc 
thegfl  five  gaura  *ta  in  reality  ipeein;  tli«  ue  mentioQed  W  Cicei 
da  Iqt.  i.  IG ;  FortoiutiMiui,  p.  Pith.  00 ;  Sub.  ^otw,  p.  eiusd.  2tl 


Digiiizcdt*  Google 


on.!.]  ECCCATIOII   OF  AV  OBATOH.  JISS 

the  caiiBe  is  not  even  pkuailile,  eitber  because  the  ground  of 

I    it  is  diahonourable  in  itself,  or  because  it  is  disap^ved  b;  tba 
public ;  or  if,  agein,  the  cause  sufien  from  the  appearance  of 
a  patron  or  a  fiither  against  a  client  or  a  son,*  which  renders 
it  unpopular,  or  from  that  of  an  old  or  blind  man,  or  an 
infant,  which  escites  feelings  of  compassion.     13.  What  arts 
we  must  adopt  to  counteract  these  difficulties,   rbetoriciana 
I    teach  us  at  great  length,  imagining  cases  for  themBelvei,  and 
I    treating  them  according  to  the  forme  of  judicial  processes; 
but  such  peculiarities,  as  they  spring  from  Tarieties  of  causes 
of  which  we  cannot  give  rules  as  to  every  species,  unless  they 
be  comprehended  nnder  general  heads,  mi^t  be  enumerated 
to  inSnity.    44.  For  every  difficulty  a  remedy  miist  therefore  be 
sought  from  the  peculiar  nature  of  the  case.     Let  it,  however, 
be  kid  down  as  a  general  rule,  that  we  should  turn  from  that 
wliich  is  prejudicitd  to  us  to  that  which  is  favoumble.     If  we 
are  perplexed  about  our  cause,  the  character  of  our  client  may 
I    aid   us;    if  about  our  client,  the  nature  of  our  cause;    if 
nothing  that  can  be  a  support  to  us,  presents  itself,  we  may 
seek  for  something  to  damage  our  adversary ;  for  as  it  ia  our 
greatest  wish  to  gain  more  &vour  than  our  adversaiy,  so  it 
ivill  be  our  next  object  to  incur  less  dislike.     45.  In  regard 
j    to  oflFences  which  cannot  be  denied,  we  must  endeavour  to 
'     make  them  appear  less  heavy  than  has  been  represented,  or 
I    to  have  been  committed  with  another  intent,  or  to  have  no 
•     reference  to  the  present  question,  or  to  he  capable  of  being 
I     expiated  by  repentance,  or  to  have  been  already  sufficiently 
punished.     Such  allegations  it  is  easier  for  the  advocate  to 
make,  therefore,  than  for  his  client ;  for  he  can  praise  without 
incurring  the  charge  of  conceit,  and  may  sometimes  even  blame 
to  advantage.     4ft.  He  will  sometimes,  accordingly,  pretend 
that  he  is  moved  with  conoem,  (like  Cicero  in  his  speech  for 
Babirius  Posthumus.)  in  order  to  gain  the  ear  of  the  judge, 
and  will  assume  the  sincerity  of  a  person  who  feels  the  truth  of 
what  he  says  vrith  a  view  to  gain  greater  belief  when  he  proceeds 
to  justify  or  disprove  the  charges  against  his  client.     We  are, 
therefore,  to  consider  first  of  all  whether  we  should  adopt  the 

*  If  a  clUnt  pl«u1i  ogBinst  bia  patron,  or  a  son  Bgunst  bii  fftther, 
the  very  nppMkrance  asd  preMDM  of  eithac  the  patron  or  tho  father  on 
the  trial,  <ta  Bay  nottaiDg  of  the  unfavourable  feeling  among  the 
auoience),  aiacoungea  the  client  or  the  son.    SeUia. 


D,j„..;uL,  Cookie 


Wi  Qmmnuir.  [air. 

character  of  a  party  in  the  suit  or  of  ao  advocate,  whenever 
either  is  in  our  power.  In  the  schooU,  indeed,  there  is  frea 
choice ;  but  in  the  forum,  it  is  rare  that  a  person  is  competent 
to  plead  his  own  cause.  47.  A  youth  learuing  to  declaim, 
however,  ought  to  plead  causes,  such  at  least  as  cbiefl;  depend 
on  the  pathetic,  in  tht  character  of  the  parties  themselves ; 
tor  the  feelings  cannot  be  transferred  ;  and  the  emotion 
received  from  another  person's  mind  is  not  communicated  with 
the  same  force  as  that  which  proceeds  Avm  our  own.  4H.  For 
these  reasons  there  is  thought  to  be  need  of  irmnuatuni,  if  the 
pleading  of  our  opptment  has  taken  effect  on  the  mind  of  the 
judges,  or  if  we  have  to  address  them  when  their  attention  is 
fatigued;  from  the  one  of  which  difficulties  we  shall  extricate 
ourselves  by  promising  to  bring  our  own  proofs,  and  by  eluding 
the  arguments  of  the  adversary,  and  from  the  other  by  giviug 
hopes  that  we  shall  be  brief,  and  by  recurring  to  those  other 
means  by  which  I  have  shown*  that  the  Judge  may  be  rendered 
attentive.  49.  A  little  pleasantly,  too,  seasonably  introduced, 
refreshes  the  minds  of  the  judges,  and  gratification,  irom 
whatever  quarter  produced,  relieves  the  tedium  of  listenii^, 
Kor  ia  the  art  of  anticipating  what  is  likely  to  be  said  against 
ns  without  its  use ;  as  Cicero  sajst  that  he  knew  tome  had 
expressed  turprUe  that  he,  who  had  for  so  tnony  yean  defended 
many,  but  proeeculed  none,  should  now  appear  at  the  aceuter  of 
Ferret ;  and  then  shows  that  the  accusation  of  Verrea  is  a  de- 
fence of  the  alliea.  This  rhetorical  artifice  is  called  ^Tolapmi,  or 
"  anticipation."  bO.  As  it  is  useful  at  times,  it  is  now  almost 
constantly  adopted  by  some  declaimers,  who  think  that  they 
must  never  begin  but  with  something  contraiy  to  their  real 
object. 

Those  who  follow  Apollodorus  deny  that  there  are  only  the 
three  vrays  which  I  have  specified}  of  propitiating  the  judge, 
and  enumerate  various  other  sorts  of  them,  almost  infinite  in 
number,  derived  from  the  character  of  the  judge,  from  noliost 
formed  of  eireumtlanca  relating  to  the  caitte,%  from  opinioni 
entertained  of  the  catue  ilielf,  and  from  the  elements  of  which 
every  cause  ia  composed,  as  pertimi,  deeds,  teords,  ntotivtt, 

•  Sect  83,  3i. 

+  At  the  comineactnieiit  of  ths  JHtinatio  m  Q.  Cffnftwn. 


b,C.OOJ^Ic 


OB.  l]  BDrCATlOM  OT  AS  ORATOR.  SM 

leatoni,  placet,  aeeations,  and  the  like.  91.  That  advantage 
maj  really  be  taken  of  theee  particulaiB,  I  reitdilj  admit,  but 
consider  that  they  all  come  under  the  three  heads  speciiSed; 
for  if  I  make  the  judge  fropitiotu,  attentive,  and  readv  to  be 
ivformed,  I  find  nothing  more  that  I  need  desire ;  as  the  veiy 
fear,*  nhich  appears  to  have  the  greatest  influence  ind^ien- 
dent  of  theee  particularB,  both  secures  the  attention  of^the 
jui%e,  and  det«rs  him  from  showing  parti^ity  to  the  opposite 
side. 

63.  Since  it  is  not  sufficient,  hovrever,  to  indicate  to  learn- 
ers what  enters  into  the  nature  of  an  exordium,  without 
instructing  them  also  how  an  exordium  may  be  best  composed, 
1  add  that  he  who  is  going  to  speak  should  reflect  lehat  he  haa 
(o  say,  before  whom,  Jor  or  againtt  whom,  at  ukat  time  or  place, 
amidtt  what  ameurrmee  of  eiTCanutancet,  under  what  pr«pot- 
teteiont  of  the  public ;  what  opinion  it  it  liAely  that  the  judge 
hat  formed  provioDS  to  the  commencement  of  the  pleadings, 
and  what  the  speaker  has  to  degire  or  deprecate.  Nature  herself 
will  lead  him  to  nnderstand  what  he  ought  to  say  first.  S3. 
But  now  they  think  anything  with  which  they  happen  to  start, 
an  introduction,  and  whatever  occurs  to  them,  especially  if  it 
be  some  thought  that  pleases  them,  serves  them,  forsoou),  for 
an  eaioTdiwm.  Many  points,  doubtless,  may  be  introduced  into 
the  exordium  which  are  derived  from  other  parts  of  the  cause, 
or  which  are  common  to  the  exordium  with  other  parts ;  but 
nothing  will  be  said  preferably  in  any  particular  part,  but  that 
which  cannot  be  said  equally  well  in  any  other  pert. 

64.  There  is  much  attraction  iu  an  exordium  which  derives 
its  substance  from  the  pleading  of  our  opponent,  for  this 
reason,  that  it  does  not  appear  to  have  been  composed  at 
home,  but  to  be  produced  on  the  spot,  and  from  the  suggestion 
of  the  subject;  it  increases  the  reputation  of  the  speaker  for 
ability,  from  the  facility  which  he  exhibits,  and,  from  wearing 
the  appearance  of  a  pkiin  address,  prompted  by  what  has  just 
been  said,  gains  him  the  confidence  of  his  audience ;  insomuch 
that,  thoi^h  the  rest  of  his  speech  may  be  written  and  care- 
fully studied,  the  whole  of  it  nevertheless  seems  almost  entirely 
extemporaneous,  as  it  is  evident  that  its  commencement  re- 
ceived no  preparation  at  all.  55.  Very  frequently,  too,  ao 
exordium  will  be   pleasing  from  a  certain  modesty  in  th 

*  Swt.  20,  Mqq.    SpitMnt, 


D,j„..;uL,  Google 


«6  QOTNTOJAir.  [B.IT, 

thoughts,  Btfle,*  tone,  and  look  of  the  speaker,  so  &r  that  even 
in  a  cause  which  hardl;  admits  of  controversy,  the  confidence 
of  the  orator  ou^t  not  to  display  itself  too  plainly ;  fbr  the 
judge  generally  detests  assurance  in  a  pleader,  and,  as  h« 
knows  his  own  authority,  tacitly  looks  for  a  due  portion  of 
respecL  66.  We  must  take  no  lees  care,  also,  tliat  we  may 
not  excite  suspicion  in  the  exordioni ;  and  therefore  no  appear- 
ance of  study  ought  to  be  Aown  in  it,  because  all  art  on  the 
part  of  the  orator  seems  to  be  directed  against  the  judge. 
07,  But  to  avoid  the  suspicion  of  using  art  is  the  achievement 
of  the  h^hest  an ;  a  precept  which  ia  given  by  all  writets  on 
rhetoric,  and  with  the  utmost  propriety;  yet  the  present 
practice,  from  the  state  of  thii^  in  our  times,  is  somewhat  at 
variance  wilii  it ;  because  on  certain  trials,  especially  capital 
ones,  and  those  before  the  centumviri.t  the  judges  themselves 
require  to  be  addressed  in  careful  and  formal  Bpeeches,^  and 
think  themselves  slighted  if  study  is  not  apparent  in  every 
pleading  before  them,  desiring  not  only  to  be  instructed  but 
to  be  pleased.  08.  Moderation  in  such  a  practice  is  difficult,^ 
but  it  may  be  so  far  observed  that  we  may  give  our  oratory  the 
appearance  of  carefulness  and  not  of  cunning. 

Of  the  old  precepta  this  still  leauuns  in  force,  that  no 
^  unutuol  easpreman,  no  highly  avdadotu  metaphor,  nothing 
borrowed  from  what  u  obioUu  and  antiquaied,  or  front  poetic 
Ueejue,  »hovld  appear  in  the  exordium.  59.  For  we  are  not 
as  yet  admitted  to  ftdl  freedom  of  speech,  and  the  attention  of 
the  andieuoe,  being  still  fresh,  keeps  us  under  restraint,  but 
when  their  minds  are  propitiated  and  warmed,  greator  liberty 
will  be  tolerated,  and  especially  when  we  have  entered  on 
those  moral  topics  ||  of  declamation  whose  natural  fertility 
prevent  the  boldness  of  an  expression  from  beii^  observed 
amid  the  splendour  of  beauty  that  surrounds  it-T 
X  00.  Our  style  in  the  exordium  ought  not  to  resemble  that 
of  the  argumentative,  or  sentimental,  or  narrative  poris  of  oui 


*  ComfiitUiorui.'\  So.  verborum.    Capptrimia 
+  See  iiL  10,  S. 

I  Comp.  iv.  2,  122;  v.  10.115. 
!  Comp.lv.  1,  9;  lil  9,  6. 

II  Zocol]  See.  iL  1,  11  ;  4,  22. 

1  Seec2,  lect.  117;  Bad  ix.  4, 29. 


jLyGoOgk"' 


cu.l]  xdttcation  or  ah  orator.  S07 

speeclt.  Nor  should  our  manner  be  too  prolix  *  or  circuin. 
locutorj,  but  should  wear  the  appearance  of  simplicity  and 
unaifecteduess,  not  pTomising  too  much  either  in  wonls  oi 
look.  A  mode  of  delivery  in  which  all  art  is  concealed,  and 
which,  as  the  Oredu  say,  is,  iHrJfants,  "  ud ostentatious," 
eteals  often  most  succeBsfuUy  on  the  mind  of  the  hearer.  But 
such  points  are  to  be  managed  accordiiig  to  tlie  way  in  which 
it  is  expedient  that  the  minds  of  the  judges  shoutd  be  im- 
pressed. 

61.  To  be  confused  in  memory,  or  to  lose  our  fluency  of 
speech,  hae  nowhere  a  worse  eSbct  than  at  the  commencement, 
as  a  faulty  exordium  may  be  compared  to  a  countenance  dis- 
figured with  snus ;  and  that  pilot  is  sgrely  one  of  the  worst 
who  runs  his  vessel  aground  as  it  is  leaving  the  harbour.  As 
to  the  length  of  an  exordium,  it  must  be  regulated  by  the 
nature  of  the  cause.  62.  Simple  causes  require  but  a  short 
introduction ;  such  as  are  perplexed,  suspicious,  or  unpopular, 
demand  a  longer  one.  But  those  who  have  prescribed  laws  for 
all  exordia,  saying  that  they  must  be  limited  to  four  sentence8,t 
make  themselves  ridiculous.  Yet  immoderate  length  in  the 
introduction  is  no  leas  to  be  avtuded,  lest  the  speech  should 
se«m  to  have  a  head  of  disproportionate  size,  and  lest  that 
which  J  oi^ht  to  prepare  the  hearer  should  weary  him. 

63.  The  figure  by  which  the  orator's  address  ie  turned  from 
the  judge,  and  which  is  called  apottrophe,  some  rhetoricians 
whoUy  exclude  from  the  exordium,  being  doubtless  led  by 
some  show  of  reason  to  form  such  an  opinion  on  this  point ;  for 
it  must  be  admitted  that  it  is  most  natural  for  us  to  address 
ourselves  chiefly  to  those  whose  good  will  we  desire  to  secure. 
64.  At  times,  however,  some  striking  thought  §  may  be  ueces- 


*  Oralio — dtdw:la.']  Stating  matters  in  &  long  Beries,  u  dedtKtre 
carmen  in  Ovid,     Simnann. 

+  Intra  quatuoT  *en*«i«.]  That  ie,  fonr  Bontenc™ ;  liavoiais,  expressed 
in  w  man;  periods ;  four  propoaitionB  of  reasotiable  lenKth.  (7app«- 
ronier.  SomeUitng  of  this  kind  miut  have  appeared  in  books  dd 
rhetoric  in  Qiiiotilian'a  time.     Spaiding, 

t  Spalding  retaina  quo  in  Ms  text,  but  proposflB  qwid  in  bit  note,  to 
wbicli  I  have  made  t^  version  conformalMe. 

S  Sennu  aliquii.]  That  ia,  nmtenlia  (fuadam  RTtntid,  Rome  remark- 
able obBervatioQ  ;  auob  ai  tbe  GtedB  mean  b;  vd^im,  and  the  ItalialH 
iy  couceUo.    Cappeionin. 

D,j„..;uL,Goo^lc 


904  Qcmnjur.  fi.iT 

■aiy  to  oar  exordiam,*  and  this  may  be  rendered  more  lively 
and  spirited  if  directed  to  another  person.  Shonld  this  l( 
the  case,  by  what  law,  of  bf  "hat  saperetitioas  regard  tat 
rules,  should  we  be  pieTented  from  giving  force  to  our  coa 
ceptions  by  this  6gare?  65.  Writera  of  books  on  the  art, 
indeed,  do  not  proscribe  the  figure  as  being  illicit,  but  because 
they  do  not  think  it  advantageous ;  and  thus,  shonld  the 
advantage  of  using  it  be  proved,  we  shall  be  forced  to  adopt  it 
for  the  same  reason  for  which  we  are  now  prevented.  66.  De- 
mostbenes-t  directs  hia  remarks  to  ^schines  in  his  exordium ; 
Cicero,  in  commencing  his  speech  for  Ligarius,  addressee  him- 
self to  Tubero,  and,  in  the  beginning  of  those  for  several  other 
persons,  speaks  to  whomsoever  he  pleases.  67.  Hia  exordium 
to  the  speech  for  Ligarius,  indeed,  woold  have  been  much 
more  languid,  if  it  had  been  in  any  other  form ;  as  the  reader 
will  bettor  understand,  if  he  directs  to  the  judge  all  tiiat  most 
spirited  part  which  is  in  this  form.  You  have,  therefore,  TuiOv, 
Aat  uAtcA  M  moit  to  be  detired  In/  an  aeeuier,  ete.,  for  then 
the  address  would  seem  really  turved  ateay,X  '^^  ^  whole 
force  of  it  would  be  lost  if  we  were  to  say,  Tubero  therefore  hai 
that  which  it  vwtt  to  be  detired  by  an  aeetatr.  68.  In  the 
first  method  the  orator  urges  and  presses  on  his  opponent ;  in 
the  second  be  would  merely  make  a  statement  The  case 
would  be  similar  with  the  passage  in  Demosthenes,  if  you  alter 
the  turn  of  it  Has  not  Sallust,  too,  adopted  an  exordium 
directly  addressed  to  Cicero,  s^ainst  whom  be  was  pleadii^, 
starting  with  the  words,  7  $houid  bear  your  reproaishet,  Marevt 
TulUm,  with  concern  and  indignation,  etc?§  The  same 
form  has  been  chosen  by  Cicero  in  his  attack  on  Catiline,  How 
lonff  then  wiU  you  abate  our  patience,  etc.  ?  69.  And  that  we 
may  not  wonder  at  the  use  of  the  apostrophe,  Cicero,  in  his 
defence  of  Scaurus,  who  was  accused  of  bribery,  (a  pleading 

■  Hoe  proaaoD.}  In  hoe  Ipsa,  ds  quo  jam  igimiu,  procemio. 
SpiMmg. 

t  P.  228,  Bitr.  «d.  Reiik. 

X  Veri  ovmc  vidaititr  oralio.']  A  pUy,  h  Spalding  olwerva,  on  ths 
word  ofoMropAe, 

g  Th«*e  words  an  found  at  ths  oommeneement  of  tlia  declaniation 
against  Cioero,  folaely  attribatad  to  Salliut  It  is  probable  tbat  th* 
sndior  ol  that  decluoalion,  finding  tha  words  in  Qnintilian,  preMad 
tlkem,  aa  well  as  tbo»  in  ix.  S,  Sff,  O  Soamle  Ar^at^  into  hia  own 
aervio*.    See  my  traiiaUtdon  of  Salluati  p.  376, 


D,j„.„^L,  Cookie 


OB.L]  EOUCATIOH  Of  AX  ORATOR.  S69 

which  is  fouod  in  hia  commentaries,*  for  he  defended  Scaunu 
twice,)  emplufB  the  j>ro»opopeia,f  making  another  pereoD 
speak  for  hia  cHent ;  and  in  lus  oration  for  Babirius  Posthumus,} 
and  in  that  also  for  Scanrus  when  accused  of  extortion,  he  in- 
troduces exampU$  in  the  exordium;  while  in  his  speech  for 
ClaentJns  he  commences,  as  I  have  previously  observed,^  with 
partition. 

70.  Bat  these  fignres  are  not,  because  they  may  sometimes 
be  nsed  effeotively,  to  be  used  perpetaally,  but  only  whenerer 
reason  prevails  over  rule ;  as  we  may  sometimes  employ  the 
simile,  provided  it  be  short,  the  metaphor,  and  otiier  figures, 
(which  the  timid  and  caie&)  teachers  of  rhetoric  prohibit,) 
unless  that  noble  specimen  of  irony  in  the  speech  t(ar  lagariua, 
which  I  noticed  a  little  above,tl  gives  offence  to  any  reader. 
71.  Other  &ults  in  exordia  they  have  exposed  with  greater 
justice.  That  sort  of  exordium  which  may  be  adt^lsd  ta 
several  causes  is  called  vulgar;%  (a  speciee  which,  though 
regarded  with  little  fiivour,  we  may  occasionally  adopt  with 
advant^e,  and  which  is  not  always  avoided  by  the  greatest 
orators;)  that  which  our  opponent  may  use  as  wellasouTBelTes, 
is  termed  common ;  that  which  our  opponent  may  turn  to  his 
own  purpose,  is  designated  as  ammjaabU  ;  that  which  has  no 
just  connexion  with  the  cause,  is  styled  Attached;  that  which 
ia  derived  from  some  other  subject,  Iratuptanied:  some,  again, 
are  blamed  as  bmir.  or  eonirary  to  rule-  Most  of  these  iaults, 
however,  are  not  peculiar  to  tke  exordium,  but  may  be  found 
in  any  or  every  pert  of  a  speech. 

73.  Such  are  the  points  to  be  noticed  with  respect  to  the 
exordium,  as  often  as  there  may  be  occasion  for  one  ;  which  ia 
not  always  the  case,  for  it  is  sometimes  superfluous ;  as  when 
the  judge,  for  instance,  is  sufficiently  prepared  without  it,  or 

*  See  z.  T,  80.  The  other  trial  of  Bcanrtu  wm  for  •stoitaoo. 
Ckero'i  deTence  of  Mm  on  that  occasion  m<  pabluhed.  Satnnu  was 
aoquitted  of  extortion,  md  fonnd  gnil^  of  bnbfcy.  Bee  Dr.  Smith'i 
Diot^  of  Biog.  and  Mythol. 

+  Hs  introdacea  In  bis  exoidinm  lonui  ons  tpMking  for  the  aceoBad ', 
a  figure  even  more  bold  thaa  the  apostrophe-  Tha  oomntantuin  lONi- 
tioned  in  the  text  are  entitely  loit.    SpaHing. 

J  a  ],  eitr. 

I  Sect.  86. 

D  Beot.8». 

H  See  ad  Herena.  L  T  aitr, ;  Oft  de  Im.  L  18 ;  Qaint.  t.  1^  M 


D,j„..;uL,  Cookie 


270  QCINTILIAS.  [B.1T 

when  the  subject  itself  requires  no  introdnctioD.  AritrtoUe,* 
indeed.deniea  that  itiBevemeceBsarf  in  addressing  able  judges. 
Sonieljiiies,  too,  ve  cannot  employ  an  exordium,  even  if  we 
nbh  ;  as  when  the  judge  ie  much  occupied,  when  time  is  shoft, 
or  when  a  superior  autbority  f  obliges  us  to  enter  at  once  upon 
our  subject.  73.  Sometimes,  on  the  other  hand,  the  nature 
of  an  exordium  is  found  in  other  ports  of  the  speech ;{  for  in 
the  statement  of  fiicts,  or  in  the  course  of  our  arguments,  we 
occauonallj  aslc  the  judges  to  attend,  or  to  be  favourabl&to 
US;  a  practice  by  which  Frodicus  thought  that  they  might  be 
roused  when  disposed  to  sleep.  74.  The  following  passage  is 
an  example :  T^en  Caius  Varetnu,^  he  aho  wu  killed  bg  the 
tlaveiofAnchariui,(to  this  poinl,  judges, pat/,  I  beteeeh  j/tm,  the 
noit  eare/ul  attention,)  etc.  If  the  cause,  moreover,  consists  of 
many  heads,||  a  proper  introduction  must  be  prefixed  to  each 
bead :  as.  Listen  now  to  ahatfoUow*  :  or,  /  row  proceed  to  the 
next  particular.  76.  Bat  even  among  the  proofs  themselves 
many  observations  occur  that  serve  the  purpose  of  an  intro- 
duction, snch  as  Cicero  makes  in  his  speech  for  <inuentius,1l 
when  aboQt  to  speak  agdnst  the  censors,  and  in  that  for  Ma- 
rana,"*  when  he  makes  an  apology  to  Servius.  But  this  prac- 
tice is  so  common  u  to  make  it  uunecessaiy  to  establish  it  by 
examples. 

76.  Whether,  when  we  have  used  an  exordium,  we  after- 
wards commence  a  statement  of  fects,  or  proceed  at  once  to 
produce  our  proofs,  that  point  onght  to  be  stated  last  in  our 
introduction,  vrith  which  the  commencement  of  the  sequel  wiH 
most  naturally  unite  itself.  77.  But  the  aflectation  in  the 
Bdiools,  of  disguising  the  transition  in  some  striking  thought, 

■  BlMt.  iiL  14,  8.    8m  Qamt  xiL  10^  SL 

i-  If  the  emperor,  for  instuue,  iliould  be  judn    ^p^Jing. 

X  JVoR  txordiit.]  ThMe  wonb,  olwerres  Spoldrng,  are  to  be  taken  a* 

I  Comp.  IT.  3,  S4 ;  ix.  3,  M,  where  the  same  paBsa^  ia  quDt«d. 
Lucitu  Vareniu,  m  &r  m  cod  be  judged  from  a  very  few  fragments  of 
this  lort  oration  of  Gca«,  wu  accused  of  haTing  killed  Cuua  Yarenua 
and  SalariuB,  and  of  having  attempted  the  life  of  Cneias  Tarenui. 
Cicero  sodeavmirB  to  tranafeF  the  guilt  from  Lucius  VareauB  tj)  th« 
davei  of  Cuus  Anchariiu  Bofiis,  <TiL  2, 10,)  but  wai  ni  '  '  ' 

Lupins  Varenus  was  condemned,  lii.  2,  8S.    Spalding. 

H  Muli^lex  coma.]  See  Ui.  10,  1 ;  It.  3,  8& 


Digiiizcdt*  Google 


CH.I.J  EDUCATION  OF  AH  OltATOft.  ilTl 

and  tiyit^  to  gain  applause,  foreootb,  for  nhat  ia  little  moro 
than  a  trick,"  is  frigid  and  puenle ;  though  Ovid  constantly 
indulges  in  it  in  his  MetamtHphosea ;  but,  for  him,  necessity 
may  be  some  excuse,  aa  he  had  to  unite  things  the  most  dis- 
cotdant  into  the  semblane*  of  a  irbole.  T8.  But  what  need  is 
thei^  for  the  orator  to  conceal  his  transitions,  and  impose  upon 
the  judges,  whea  they  require  ta  be  admonished  to  give  their 
attention  to  the  order  of  particulars  ?  The  commencement  of 
the  statement  of  facte  \rill  even  be  lost  upon  them,  if  they  are 
not  aware  that  such  statemeat  is  begun.  TS.  Accordingly,  as  it 
is  best  not  to  rush  abruptly  into  our  statement,  so  it  is  prMerable 
not  to  pass  to  it  without  notice.  But  if  a  long  and  perplexed 
sxpoeition  is  to  follow,  the  judges  must  be  specially  prepared 
for  it ;  as  Cicero  has  done  in  many  places,  and  more  remarkably 
in  this  :t  I  shall  make  a  rather  longer  ititroditction  than  ordi- 
nary  to  demonttraXe  thU  feint,  and  J  entreat  you,  judges,  not  to 
receive  it  wtfavawably  ;  for,  vhen  the  eomnteHeevtent  it  under' 
stood,  yott  will  vithfar  more  ease  comprehend  the  sequel. 

Such  are  the  principal  notions  which  I  haye  conceived 
respeoting  the  exordium. 

*  Vt  tpe  tranti^a  ^kial  aHqtHan  tUtgw  tenltntkM,  tf  Atfrw  vdM 
pmtligkB  plnwtHnjMta^]  "  That  the  traneitHiii  Iteelf  may  fonn  aoms 
particular  tbonght,  and  may  aeek  applwjBe  for  thia  trick,  aa  it  were.' 
SpaldiDg  'ffonld  read  ptttmt,  ee.  aratartt.  Cappravnkr  obscnia  tiMt 
Miilcfi^w  i>  hare  tlie  same  a«  yvw/iq  or  vJiifta. 

t  Pro  QaeiA.  &  4  «rtr. 


D,„i.2cjb,  Google 


(HmmLUir.  [kit. 

CHAPTER  II, 

8.  Thow 
tLre  mistaken  who  suppoH  thab  a  HtBtniient  Is  nevflF  oeDonazy  on 
the  part  of  nn  ucusad  pemHi  who  denies  the  charge,,  it— 19. 
Wlut  the  judge  alrekd;  koowi  may  lometimea  be  stated,  30 — 38. 
The  atatement  seed  not  alwayi  immedutely  follow  the  esordima, 
2* — 27.  The  practice  ot  the  Khoola  injadiciouBl^  tmufened  to 
llie  fonun,  Sg— SO.  Tha  atatemeuta  thuuld  be  cleiu-,  brie^  mA 
•rediblf,  Bl— SG.  Of  cleanieB%  3S— S9.  Of  bnvit;,  40—47.  Of 
credibility,  48 — G3.    The  atatfiinent  uf  &cti  shoulcl  prepare  Qie 

Judge  for  die  proof  of  them,  M — 60.  Cert*in  quaUtiei  haTe  ia- 
udiciously  biea  made  peoiiliar  to  the  rtdtement,  91^-65,  A 
tldiculooa  direction  Uiat  the  itatement  ahoold  be  omitted  in  k 
oatue  which  ia  uofaTouimlde  to  lu,  6S.  Difflcolt  points  moat  be 
Tariousl;  managed,  aocording  to  the  nature  of  the  case,  67—74. 
In  a  conjectural  cause  ws  must  make  s  statement,  but  with  art 
and  care,  76—81.  We  must  aomeUm«  divide  our  atstomen^  and 
invert  the  order  of  oocnrrfincea,  82 — 87-  Of  fictitioua  statements, 
88—93.  Complexion  of  a  statement,  94—100.  How  n«  must 
act  it  the  bets  be  partly  for  us  and  partly  aeainst  us,  101,  102. 
Apoatropbe  and  other  ^ores  absordly  eidudod  from  the  state- 
ment, 103— 11&.  The  statement  abould  be  embellished  with 
every  grace  of  langaage,  116 — 124.  Of  auihori^  in  the  plaider, 
126-127.  Of  repetition,  128.  Of  the  commencement  and  oon* 
-    -  in  of  the  statsment,  120—192. 


1.  It  is  most  natural,  and  ought  to  be  most  usual,  that  when 
the  judge  bas  been  prepared  by  the  methods  whiuh  have  been 
noticed  above,  the  matter,  on  which  he  is  to  give  judgment, 
should  be  stated  to  him.  2.  This  is  the  narrative,  or  slate, 
ment  r^  the  ease;  but,  in  touching  upon  it,  I  shall  purposely 
pass  over  the  too  subtle  distmctions  of  those  nbo  make  aever^ 
kinds  of  statements;  for  they  will  have  an  exposition,  not  only 
of  the  business  on  which  the  question  is  brought  before  tha 
judges,  but  of  the  person  whom  it  concerns,  as,  Marau  Pali' 
eanut,  a  man  of  humhU  birth,  a  native  of  PietKUM,  loquadow 
rather  than  eloquent;*  cT  of  the  place  at  which  it  occurred,  aa, 
Lampiacua,  jvdget,  ii  a  town  on  the  Hellespont  ;t  or  of  tba 
time,  as, 

■  We  tceni  from  Aulua  Oellini^  1.  Ifi,  that  thea*  words  are  taken 
from  the  lost  biatory  of  Salluat.  The  man  oharactariied  in  them  is 
doubtless  the  same  that  Cicero,  Brai.  O-  SS,  calU  aptioren  auribm 
im^eriliHvm.  Compaie  Val.  Haz.  iil.  8  Bom.  S  ;  iaooa.  Ped.  p.  19, 
61;  adac.  Div.  c.  3,  etActittV«*.pr,<i,lQiCu).ad  AtticL%lB. 
Spoiding. 

t  CSo.  in  Verr.  i.  24. 


D,g,l.2cd|v,G00gk"' 


fla.a]  ra>DCA'noN  or  ah  obatoel  27S 

In  euly  apring,  when  from  the  houy  hilla 
Th«  cold  Bnow  maltiiig  fiowi  i  • 

or  of  the  eanses  of  the  occurrence,  which  hiBtorions  very  often 
give,  when  they  show  whence  arose  a  war,  a  sedition,  or  a  pesti- 
lence. 3.  In  addition  to  these  distinctions,  the;  call  soma 
statements  perfect,  others  imperfeel ;  bat  who  is  not  aware  of 
such  a  difference  ?  The;  add  that  there  is  a  kind  of  statement 
regardiug  patt  time,  which  is  the  most  common  kind ;  another 
respectii^  the  present,  such  as  that  of  Cicero  t  about  the  stir 
«f  Ohryst^oDus's  friends  whenhia  name  was  mentioned;  and 
a  third  relating  to  the  future,  which  can  be  allowed  only  to 
prophets ;  for  }^potypoHs  {  is  not  to  be  regarded  as  a  state- 
ment of  facts.  4.  But  let  us  turn  oar  attention  to  matters  of 
nuiiie  importance. 

Some  tiave  thought  that  there  must  always  be  a  statement 
of  facts  ;§  but  that  this  notion  is  unfounded,  may  be  proved  by 
many  ai^uments.  In  the  first  place,  there  are  some  causes  so 
brief,  that  they  require  only  a  mere  proposUion||  rather  than 
a  statement  5.  This  may  happen  at  times  on  either  side, 
when  there  is  either  no  exposition  of  matters,  or  when  the 
parties  are  agreed  about  the  fact,  and  there  is  no  dispate  but 
concerning  the  law  ;  as  in  such  questions  as  these  before  the 
centumviri,  Whether  a  Jon  or  a  brother  ought  to  be  the 
heir  of  a  tuoman  that  diet  intestate ;  or  whether  puberty 
is  to  be  decided  bv  year*  or  by  a  certain  habit  of  body.  Or 
when  there  is  iQdsad  room  for  a  statement  of  facts  in  the 
cause,  but  every  particular  of  it  is  preno^s};  known  to  the 
judge,  or  has  been  fully  set  forth  in  the  prece^ng  part  6.  At 
times,  again,  it  may  happen  only  on  one  side,  and  more  fi'e- 
quently  on  that  of  the  proaecutor,  either  because  it  is  eufficieiit 
for  him  to  make  a  simple  proposition,  or  because  it  is  more 
advantageous  for  him  to  do  so.  It  may  be  sufficient,  for 
instance,  to  say,  J  elaim  a  certain  turn  of  taon^y  lent  on 
certain   eonditiont  s    or,    /  claim  a   legacy   according    to    a 

■  Vftg.  Geiwg.  L  4S, 
t  Pro  Eo«c.  Am.  o.  28. 
J  IX.  2,  40  ;  Cio.  De  Omt.  iU.  58. 
9  From  Seneca  the  lather,  p.  149.  w 
required  a  aUtemeat  of  fict^  bat  that  TheodoruB  dl 
11  See Uie fourth alu4<t<c of  thisbookt  iilsoo,  l,Mut. 


D,j„..;^L,  Cookie 


'31  <  ^cnniLLur.  [i.i« 

tertain  wilt:  and  it  will  be  for  the  opponte  party  U>  sliow 
why  such  clums  are  not  doe.  7.  It  is  auffident  for  the 
prosecutor,  and  more  adrant^eous.  to  open  his  cause  in 
this  way,  /  lag  that  the  tUler  of  Horatius  luu  been  killed 
fry  kirn,  for  the  judge  comprehends  the  whole  chat^e  Jrom 
this  one  proposition  ;  and  then  the  way  in  which  the  act 
took  place,  and  the  motive  for  it,  are  left  rather  to  be 
elated  by  the  defendant.  8.  Aa  for  the  occnsed  person,  he 
will  withhold  a  statement  of  &cts,  when  the  chaise  against 
him  can  neither  be  denied  nor  palliated,  but  will  rest  solely  on 
a  question  of  law ;  thus,  in  the  case  of  the  man  who,  having 
Stolen  the  money  of  a  private  person  out  of  a  temple,  is 
accused  of  sacrilege,  a  confession  will  show  more  modesty 
than  a  statement.  We  do  not  deny,  the  defendant  and  his  advo- 
cate ma;  eay,  ihat  the  money  aaa  taken  from  the  temple ;  but 
the  accuter  makes  the  charge  that  tee  are  amenable  to  the  laa 
ogaittsl  sacrilege,  though  the  money  teas  private,  and  not  conie- 
erated;  and  it  is  for  you  to  decide  the  qaettion  whether 
laerilege  has  been  committed. 

9.  But  though  I  allow  that  there  are  at  times  such  reasons 
for  giving  no  statement  of  facts,  I  dissent  ftom  those  who 
think  that  there  is  no  etatement  when  an  aooused  person 
merely  denies  the  charge  which  is  brought  against  him ;  an 
opinion  which  is  held  by  Cornelius  Celsus,  who  considers  that 
most  trials  for  murder,  and  all  those  for  bribeiy  and  extortion, 
are  of  this  class;  10.  for  he  thinks  that  there  are  no  state- 
ments of  facts  but  such  as  ^ve  a  general  exposition  of  the 
charge  on  which  judgment  is  to  be  pronounced ;  yet  he  admits 
himself  that  Cicero  gives  a  statement  of  facts  in  his  oration 
for  Babirius  Poethumus ;  thoi^b  Cicero  denies  that  any  money 
came  into  the  bauds  of  Rabirius,  which  was  the  veiy  point  on 
which  the  question  rested  ;  and,  in  his  statement  of  foots,  he 
gives  no  exposition  of  the  chaige, 

II.  For  my  part,  besides  resting  on  the  authority  of  emi- 
nent rhetoricians,  I  am  myself  of  opinion  that  there  are  two 
kinds  of  statements  in  judicial  causes ;  the  one  sort  being  an 
exposition  of  the  cause  itself,  and  the  other  of  the  circum- 
stances connected  with  it.  13.  /  have  not  killed  a  man; 
here  there  is  no  etatement  of  facts;  i^  is  admitted  that  there 
is  none ;  but  there  will  be  one,  and  sometiAes  a  long  one,  in 
tc^ljr  to  the  support  of  the  accusation,  and  in  regard  to  tba 


D,j,,..;uL,  Cookie 


CH.It.3  EDDCATtOH  OP  AJf   ORATOK,  S76 

past  life  of  the  accused,  tlie  csuses  by  which  bd  innocent  man 
has  been  brought  into  peril,  and  other  circumstances  bj  whioh 
the  charge  is  rendered  incredible.  13.  For  the  accuser  does 
not  say  merely,  Yoa  have  ktiitd,  but  states  by  what  jtroofa  ha 
can  establish  his  assertion;  as  in  tragedies,  when  Teucer 
accuses  Ulysses  of  having  killed  ^ax,*  saying  that  he  was 
found  in  a  eolitary  place,  near  the  dead  body  of  kii  enemy, 
and  with  a  blood-»taitied  iword  in  kit  hand,  Ulysses  does 
not  merely  reply  that  the  deed  nas  not  committed  by  hiro, 
bat  afiBnns  that  there  was  no  enmity  between  AJax  and  him- 
self, and  that  they  had  been  riyals  only  for  glory  ;  and  then 
adds  how  he  came  into  that  lonely  spot,  saw  the  dead  body 
lying  on  the  ground,  and  drew  the  sword  out  of  the  wound. 
To  this  statement  are  sut^oined  various  argumenls-f  14.  fint 
there  is  a  statement  of  &ct  even  when  tihe  accuser  says.  You 
mere  in  the  place  m  ithieb  gour  enemy  teat  killed,  and  the 
defendant  says,  I  vat  not,  for  he  must  show  where  he  was. 
For  the  same  reason,  causes  of  bribery  and  extortion  may 
have  several  statements  of  this  kind,  as  there  may  be  eevei^l 
heads  of  accusatiou ;  in  which  statements,  indeed,  the  charges 
will  be  denied,  but  resistance  must  at  the  same  time  be  made 
to  the  accuser's  a^uments,  sometimes  singly,  sometimes  in  a 
body,  by  an  exposition  of  matters  totally  difEsrent  from  his. 
10.  WiU  a  person  accused  of  bribery  act  wrong  in  staling 
what  sort  of  parents  he  had,  how  he  himself  has  lived,  or  o» 
what  pretensions  he  relied  when  he  proceeded  to  stand  for 
<^ce?  Or  if  a  man  is  accused  of  extortion,  may  he  not 
advantageously  giro  an  account  of  his  past  life,  aitd  of  the 
means  by  which  he  brought  upon  him  the  resentment  of  his 
whole  province,  or  of  his  aocuser,  or  some  particular  winiess  ? 
1 6.  If  such  an  account  is  not  a  statement  of  facts,  neither  is 
that  first  ^wech  ai  Cicero  in  behalf  of  Cluentitis,  commencing 
with  the  words  Aubts  Cluentiv*  HahUua;X  for  there  is  nothing 
in  that  speech  about  the  poisoning,  but  merely  about  the 

*  W«  find  nothing  of  tbia  rart  in  the  tngedin  now  eituit  relating 
to  this  subject.  Ttut  if  Sophocles  repnaeuts  UlyiaeB  as  Mendl;  to 
Tejcer,    Spaiding. 

f  Aji,  I  am  not  Xo  be  aeeated  of  l^Siag  him  btca'ut  I  w«  fa<tnd  noif 
Iht  body ;  else  su^icion  would  have  faUen  upon  you,  hu  brother,  d 
f  ou  had  been  found  Dear  it.    Tvra^mi. 

i  Cic  pro  Cluent.  c  i. 

T   3 

D,j„.„^L,Coo^|i: 


ai9  quDTTlLlAir.  [6.17, 

causes  by  which  his  mother  became  his  enemy.  17.  State- 
ments also  relate  to  the  cause,  but  are  not  part  of  the  cause 
itself,  which  are  given  for  the  sake  of  example,  as  that  in 
Cicero's  speech  t^unst  Verres  concerning  Lucius  Domitius,* 
who  crucified  a  shepherd  because  he  confessed  that  he  had 
used  a  hunting-spear  in  killing  a  boar  which  he  offered  as  a 
present  to  Domitius ;  16.  or  for  the  purpose  of  exposii^  some 
charge  foreign  to  the  case,  as  in  Cicero's  oration  for  Rabirius 
Posthnmus  \f  For  at  toon  at  he  eatae  to  Alexandria,  judgei, 
the  only  method  of  preserving  hit  moneg  propoui  hf  the  fang 
to  PoMthumiu  wot  thit,  that  he  ihoiild  lake  the  charge,  and 
at  it  tsere  ttewardthip,  of  the  palaei ;  or  with  the  inten- 
tion of  exa^eratiug,  as  in  tbe  description  of  the  journey  of 
Verres-t 

10.  Sometimes  a  fictitious  statement  of  particulars  is  intro- 
duced ;  either  to  rouse  the  feelings  of  the  judges,  as  that  in 
the  speech  for  Roscius  respectiog  Chrysogonus,  which  I  men- 
tioned a  little  above  ;§  or  to  amuse  them  with  a  little  plea- 
santrf,  as  that  in  the  speech  for  Cloentius  regardii^  the 
brothers  CepasiiiN  or,  Dccadooally,  to  make  a  digression  for 
the  purpose  of  embellishment,  as  that  in  the  speech  against 
Yerresirooueeming  Proserpine;  /(  mat  in  thete partt  that  a 
mother  it  laid  formerly  to  hate  tought  her  daughter.  All  these 
observations  assist  to  show  that  be  who  denies  may  not  only 
make  a  statement,  bat  a  statement  concerning  the  very  point 
which  be  denies. 

30.  Not  is  the  obeerration  whioh  I  made  above,  that  a 
etatement  is  superSuous  respecting  a  matter  with  whioh  the 
judge  is  acqutunted,  to  be  taken  absolutely  ■  for  I  wish  it  to  bo 
uuderslood  in  this  sense,  that  it  is  superfluous  if  the  judge  not 
only  knows  the  fact,  but  takes  such  a  view  of  it  as  is  faronra- 
ble  to  our  side.  21.  For  a  statement  of  &cts  is  not  made 
merely  that  tbe  ju^e  may  comprehend  the  case,  but  rather 
>    that  he  may  look  upon  it  in  the  same  light  with  ourselves. 

■  In  TsiT.  T.  8.  BormaiiD  thinka  Out  obtiderat  in  the  teit  BhoDld 
ba  otwifanmf,  u  it  waa  not  the  Bhepherd  that  preasntod  the  boar,  bat 
Other*,  of  whom  Domitiui  inquired  who  h&d  killed  bo  large  a  bewA 

t  C.  10. 

t  In  Vbpt.  I.  IS,  ir. 

%  Saot  3, 

II  Cic  pro  aneat.  a.  M,  BL 

"jl  IV.  48. 


Digiiizcdt*  Google 


OB.n.J  BDUOAROH  OF  AH  OUTOB.  37T 

Though,  therefore,  he  may  not  require  to  be  informed,  but  onlj 
to  be  impresBed  in  a  certain  way,  ire  may  make  a  stalemeat 
with  some  prelimiaaiy  remarks,  as  tiiat,  we  are  aware  that  h* 
hat  a  general  knovAedge  of  the  caie,  hut  etOfeat  him  not  to  be 
wae&Ung  to  liiten  to  an  aecowvt  of  partieuiari.  33.  Some- 
times we  may  pretend  bi  repeat  our  statement  for  the  informa- 
tion of  some  new  member  taking  his  seat  among  the  ju^;«s; 
sometimes,  in  order  that  eren  the  by-atanders  may  be  convinced 
of  the  iniqui^  of  what  is  asserted  on  the  opposite  side.  In 
this  case,  the  statement  must  be  diversified  with  varieties  of 
phraseology,  to  spare  the  judge  the  weariness  of  hearing  what 
he  already  knows ;  thus,  we  may  say.  You  remember,  and.  Per- 
hapt  it  may  he  waieeeemry  to  dwell  on  thii  point,  or.  But  icAy 
alwuld  I  tag  more  M  thi*  $ttb}eet,  ahen  you  are  already 
acqvainted  with  il^  or.  Of  the  natmre  of  thit  affair,  you  are 
not  ignorant ;  or  we  may  introduce  various  other  phrases  similar 
to  these.  %Z.  Besides,  if  a  statement  of  facta  seem  always 
unnecessary  before  a  judge  to  whom  the  cause  is  known,  the 
pleading  of  the  cause  before  him  may  seem  also  to  be  some* 
times  unnecessary. 

Ql,  There  is  another  point  about  which  there  is  still  mora 
frequently  a  question,  Whether  the  ttaiement  of  fact*  it  always 
to  he  trnmediatel;/  tubjmned  to  the  exordium  ;  and  those  who 
hold  the  affirmative  cannot  be  thought  destitute  of  arguments 
to  support  them;  for  as  the  exordium  is  made  with  the  intent 
that  the  ju^e  may  be  rendered  more  &vourable  by  it,  and 
more  willing  and  attentire  to  understand  the  case,  and  as  proof 
cannot  be  adduced  unless  the  case  be  previously  understood,  it 
appears  right  that  the  judge  should  at  once  be  made  master  of ' 
thefiicts.  35.  Butthenatureof aoausesomelimesjustlychat^;ea 
this  order ;  unless,  perchance,  Cicero  be  thought,  in  that  excel- 
lent  oration  which  he  wrote  <hi  behalf  of  Milo,  and  which  he 
has  left  to  us,  to  have  injudiciously  delayed  his  statement  of 
&icts,  by  introducing  tiiree  qaeetions*  before  it;  or  unless  it 
would  have  been  of  .any  profit  to  relate  how  Clodius  lay  in 
wait  for  Milo,  if  it  had  been  supposed  impossible  for  an  accused 
person,  who  confessed  that  he  hod  killed  a  man,  to  be  defended. 


%  About  tbe  pr^-judgment  of  the  leiute.    S.  About  tba  fbelinfc  o( 

D,j„..;^L,Coo^|i: 


STfl  nmsTOJi-v.  f  &  IT 

01  if  Milo  had  been  alreadf  prc^udfted  and  condemned  hj  the 
senate,  or  if  Pompej,  who,  to  favour  some  party,  had  snr. 
rounded  the  place  of  trial  nith  a  troop  of  anued  men,  had 
been  dreaded  bj  Milo  as  ill-disposed  towards  him.  36.  These 
questions,  therefore,  were  of  the  nature  of  an  exordium,  aa 
they  all  served  to  prepare  the  judge.  But  in  his  speech  for 
Yarenus,  also,  he  did  not  introduce  his  statement  of  facta 
until  he  bad  refuted  certain  allegations.  This  mode  of  pro- 
ceeding nill  be  of  advantage,  too,  whenever  the  charge  is  not 
only  to  be  resisted,  but  to  be  retAited  on  the  opposite  party,, 
BO  that  our  own  case  being  fiist  established,  our  statement  of 
facts  may  be  the  commencement  as  it  were  of  a  charge  against 
onr  adversary ;  as,  in  a  passage  of  arms,  care  to  ward  off  a  blow 
takes  the  precedence  of  anzie^  to  inflict  one 

S7.  There  are  some  causes,  and  indeed  not  a  feW|  which 
are  easy  to  be  defended  so  &r  as  to  refute  the  charge  on  which 
the  trial  bears,  but  which  labour  under  many  grievous  enormi- 
ties of  the  defendant's  former  life ;  and  these  must  first  be  set 
aside,  in  order  that  the  judge  may  listen  favourably  to  the 
defence  of  the  point  about  which  the  question  really  is.  Thus, 
when  Marcus  CcBlins  is  to  be  defended,  does  not  his  advocate 
judiciously  repel  the  imputations  against  him  of  luxury,  tietn- 
tioutnets,  and  imrnvrality,  before  he  proceeds  to  consider  that 
of  ipoiioning  I  It  is  about  these  points  that  the  whole  of 
Cicero's  pleading  is  emjdoyed.  And  does  he  not  then  make  a 
statement  about  the  property  of  PaUa,*  and  explain  the  whole 
question  respecting  the  t>ioi«iMe,t  which  is  defended  by  the 
pleading  of  Ceelioa  himselfl{  38.  But  the  custom  of  the 
*scbools  is  our  guide,  in  which  certain  points  are  proposed  for 
us  to  speak  upon,  which  we  call  thtmula,^  and  beyond  which 
there  is  nothing  to  be  refuted;  and  thus  it  is  that  our  state- 
ment of  facts  is  always  sul^oined  to  our  exordium.  39.  Hence, 
too,  is  the  liberty  vdiich  the  declaimers  take  to  make  a  state- 
ment of  facts  eves  when  they  appear  to  speak  in  the  second 

■  Cic  pro  CeL  e.  10.  We  bow  nothing  of  tluit  albir  from  any 
other  quarter.  Spaldmg.  Felle  wu  tha  lume  of  ■  Dutn  whoa* 
property  Cselius  hod  been  Mcueed  of  ■.ppTOpruting  to  himialf. 

t  In  killing  Dion  the  legate  of  the  Alexutdrinea ;  c  10,  and  31,  S2L 

i  For  CsaliuB  ftlao  detiiuded  himealf  in  tbu  cause  -  acmp.  sL  J,  61 ; 
aod  Soot,  da  Cl«r-  Rhet.  o.  "       '>^-»-'-'-- 

I  S«e  c.  I,  Bed  4. 


t,  Google 


ta.a,']  BDDCAnoH  of  an  orator.  S79 

place  in  a  cause  ;*  for  when  they  Hpeak  for  the  proaecutor.t 
they  make  a  statement  of  facta  just  as  if  they  were  speaking 
Bret,  and  a  defence  as  if  they  were  replying  to  the  opposite 
parly ;  and  such  practice  is  very  proper ;  for  as  declamation  i9 
an  exercise  preparatory  to  pleading  in  the  forum,  why  should 
not  learners  quuify  themselves  to  take  either  the  first  or  second 
place  ?  But,  ignorant  of  the  proceedings  in  the  courts,  they 
think  that  when  they  come  into  the  forum  no  departure  is  to 
be  made  from  the  manner  to  which  they  have  been  accuatomed 
in  the  schools.  30.  Yet  even  in  soholastic  declKmatious  it 
occasionally  happens  that  a  mere  proposition^  is  in  place  of  a 
Statement  of  tiie  case ;  for  what  statement  has  he  ta  make 
who  accuses  a  jealous  man  of  ill-treating  his  wif«,  or  he  who 
accuses  a  cynic  §  of  indecency  before  the  censors,  when  the 
whole  charge  is  sufficiently  expressed  by  a  single  Wrd,  in 
whatever  part  of  the  speech  it  be  introduced  ?  But  on  this 
head  I  have  said  enough. 

'31.  I  shall  now  add  some  remarks  on  the  method  of  stating 
a  case.  A  statement  of  a  case  is  an  atqitani  pf  a  thing  done,  of_ 
supposed  to  hace  been  done ;  which  account  u  adapted  to  jier- 
^^e;  flr,"afl  Apollodorus  defines  it,  anaTralwe  to  inform  the 
auditor  what  the  taatler  tn  queslioa.  is.  Moat  writers,  and 
especially  those  who  are  of  the  school  of  Isocratea,  direct  that 
it  should  be  lucid,  brief,  and  probable.  It  is  of  no  con- 
sequence if,  instead  of  lucid,  we  say  perspicuous,  or,  instead 
of  probable,  credible  or  apparently  deserving  of  belief. 
S3.  Of  this  specification  I  approve  ;  thongh  Aristotle  [{  differs 
from  Isocratea  in  one  particidar,  as  be  ridicules  the  direction 


...  .  cond 

place  to  whom  the  dutf  vta  aommitted  of  uiaweiiBg  the.  atatement* 
OQ  the  opposite  Bide,  whether  be  wu  the  proBecutur  or  the  accused. 
In  the  schook,  where  there  wu  no  replying,  there  was  no  such  order 
observed;  T.  13,  50;  viL  1,  88.  Bence  we  understand  why  QuiotUiui 
tuee  the  eipnasiiHi  vidtaatar  >iafrar&     Comp.  eect.  6.    Si^lding. 

t  Undentand  in  tht  »ie(md  jicKi,  Le.,  aftnr  the  first  advowte  for  tii* 
prosecutor  has  spoken.    Capperonier. 

t  BeeHTCt4. 

I  See  Daclun.  Quint  363  i  (>rfnw  ittMrtJjiUM; 

I  Bbet  iU.  16,  4. 


L,  Google 


360  qtnmuAif.  \».$r. 

About  brevity,  a  if  it  wer«  absolutelj  necessaiy  Ibat  ft  state* 
ment  should  be  long  or  short,  and  as  if  then  vare  no  possi- 
bility of  fixing  on  S  just  medium.  As  to  the  foUowen  of 
Theodorus,  thej  recognize  onlj  the  last  quali^,  sajing  that  it 
ia  not  always  proper  to  state  briefly  or  lucidly,  33.  On  this 
account  I  must  the  more  carefully  disdnguiah  the  various 
peculiarities  of  statements,  in  order  to  show  on  what  ocoasioos 
each  quality  is  moat  desirabla. 

I A  statement,  then,  is  either  tehoUy  in  our   own  /awur, 

I     wholly  in  that  of  our  opponmt,  or  a  mixturt  of  both.     If  it  be 

I     -wholly  in  our  own  favour,  we  may  be  content  with  the  three 

I     qualities  of  which  the  effect  is  that  the  judge  more  readily 

^jtnderitandi,  r«m«mbert,  and  believt*.     34,  Nor  let  any  one 

N      think  me  to  blame  for  remarking  that  the  statement  which  is 

I     wholly  in  our  favour  ought  to  be  n^de  probable,  though  it  be  true; 

for  there  are  many  narratives  frw^jihicb  are  not  prohahU.  and 

"  many  probable  which  are  not  tnu.     We  must  therefore  take  iic 

less  pains  that  the  iudge  may  believe  what  we  say  truly  than 

what  we  invent.     S6.  The  qualities,  indeed,  which  I  liave  just 

enumerated,  are  meritorious  in  other  parts  of  our  speech  ;  for 

through  our  whole  pleading  tti  nhniiH  ii""ii1  rVflfnrity  ■  a  certaii: 

succinctness  in  what  we  say  should  be  everywhere  observed ; 

and  all  that  is  advanced  ought  to  be  credible.     But  these 

qualities  are  most  of  all  to  be  studied  in  that  part  which  gives 

the  first  information  to  the  judge ;    for  if,  in  that  part,  he 

bwpens   not   to   understand,   not  to  remember,   or  not  to 

believe,  *we  shall  exert  ouroelves  to  no  purpose  in  the  sequel. 

36.  TV'_'itrH"m"nt|  h""—'"-,  "''^'J^  'fiTfif  nnfl  inrtr't^-nit, 
if  it  be  expressed,  first  of  all,  in  feoper  and  sipiifieant  wor'^ 


„  t.-iiecat 

and  if  it  give  a(Tucid  accouqlt,  also,  m  tn  i-irraiFnutunflf^l'. 
persons,  occasionsT'lltEUSS,  "and  motives,  and  be  delivered,  at 
the  same  time,  in  such  a  way  that  the  judge  may  wiliuffif 
difficulty  compiehand  vbM  is.  said.  ST.  Thia  excellence  is 
wholly  disregarded  by  most  speakers,  who,  prepared  for  the 
shouts  of  a  mnltitade,  whether  suborned  for  the  purpose  or 
collected  by  chance,  cannot  endure  the  silence  of  an  attentive 
auditory,  and  do  not  think  themselves  eloquent  unless  they 
shake  the  whole  court  with  noise  and  vociferation ;  they  con 
aider  that  to  etate  a  matter  calmly  belongs  only  to  eveiynlay 
•onversation,  and  is  in  the  power  ot  even  the  most  illiierato^ 


L,  Google 


CH  II  ]  KDCCATION  OV  AIT  ORATOB.  981 

while,  in  tnidi,  it  is  uncertain  vhether  the;  will  uot  or  cannot 
perlbnn  that  of  which  thay  express  such  easy  contempt, 
38.  For  if  tbej  try  every  department  of  eloquence,  they  will 
find  notUng  more  difficult  than  t«  say  what  every  one,  when 
he  has  heard  it,  thinks  that  he  himself  would  have  said  ;  and 
for  this  reason,  that  he  does  not  contemplate  it  as  eaid  with 
abihty,  but  Willi  truth  (  but  it  is  when  an  orator  is  thought  to 
Bpeak  truth  that  he  apealis  beat.  89.  But  now,  as  if  they  had 
found  a  wide  field  for  themselves  in  their  statement,  they 
assume  an  extravagant  tone  of  voice  in  this  part  of  their 
speech,  throw  back  their  heads,*  strike  their  elbow  against 
their  sides,  and  revel  ii>  every  sort  of  combination  of  thoughts 
and  words ;  wbil^  what  is  monstrous,  their  delivery  pleases, 
and  tlieir  cause  is  not  understood.  But  let  me  put  an  end  to 
these  animadversions,  lest  I  should  gain  less  &vour  by  pre- 
scribing what  is  right  than  ill-will  by  censimngJii^t  is  wroi^. 
40.  Our  statement  will  be  anfficientluc^^?  if,  in  the 
first  place,  we  commence  the  exposition  o?  the  case  at  the  ' 
point  where  it  begins  ti>.c<Lncefn~Qie]judge;  next,  if  we  say  x. 
naETng  foreign  to  the  cause ;  and,  lastly,  if  we  retrench  fiteiy- 
thing  of  which  the  absence  will  deduct  nothing  .from  the    5 

For  there  is  often  a  brevity  in  parts,  which  nevertheless  leaves 
the  whole  very  long ;  as,    I  came  to  the   harboar;  I  beheld  ft 
veuel;   I  atked  for  how  much  it  would  lake  me;  I  agreed 
abotU  (he  price;  I  went  on  board;  the  anchor  wot  weighed; 
we   tooted  our  cable,\  and  set  tail.      Here  none   of    the 
phrasee  can  be  expressed  viith  greater  brevity ;  yet  il  would 
be  sufficient  to  say,  /  tet  tail  from  the  harbour  ;  and  whenever     i 
the  event  sufficiently  indicates  what  has  preceded  it,  we  ought    / 
to  be  content  with  expressing  that  from  which  the  rest  is    : 
understood.      43.  As  I  can  easily  say,  therefore,  /  have  a 
grown-up  ton,  it  is  quite  superfluous  for  me  to  indulge  in 
circumlocution,  and  say.  Being  deiirout  of  having  children,  I 
married  a  wife,  I  had  a  ton  born  to  me,  I  reared  Ann,  and 
have  brought   him  up   to  full   age.      Sop»-4iC^tJie  Greek  . 

writers,  accordingly,  nave  distinguished,^  i»>nMM; exposition,      x 

*  Oerviaeoi  reponwnt.]  Ai  a  dgn  of  mil£-mMii^ioa.  Bo  Cic  in 
Terr,  iii  19;  TavKime  fmlarmu  patnmuM  (Mm  in  ioe  crmtw  ecrriMh 
lam  jatiatunm  el  pepyio  K  ae  eormut  daturun  f     Spalding. 


t,  Google 


38a  QumiLUff.  [jLtT. 

timfiM,  from  a  brief  one,  the  fint  beii^  free  from  eveiytJiiiig 
BuperQuous,  while  Uie  other  may  poesiblf  want  Bomething  that 

is  necesaary.  49.  Fw  mjaelf,  I  »pn^fl  hrwrHy  nnnaiat,  fiql  i« 
nnyiny  [paa,  hut  in  i]nt  aiif  ing  mnrfi    tlinn  "  ■■n<-»™nny  ;   f"'  -" 

i.i  rgp«|itjnn»  and  rcEurtXt^^f.  and  QigffmXo^/oj,  which  some 
writers  ud  rhetoric  dtwire  to  be  avoided  in  a  statement  of  facts, 
I  Bay  nothing  ahout  them,  siooe  sueh  faults  are  to  he  shonned 

for  other  reasonB  than  that  of  obaarTing  brevi^, 

44.  We  must  no  less  be  ou  our  guard,  however,  aaahist 
that  ^scurih' Which  attendsun  tWe  wbQ_abbreTiat 


'  Igrt  too  much';  and  itlslietter  that  there  shouTd  be  something 
superabundant  in  a  statement  than  that  «n;thing  should  b« 
wanting;  for  what  is  unneceasary  is  atteaded  with  weariness, 
but  what  is  necesaar;  is  not  withheld  without  danger.  4  5.  We 
moBt  Gonsequentlj  avoid  the  conciseness  of  Sallust,  (though 
in  him  it  is  accounted  a  merit,)  and  all  abruptness  in  our 
language ;  that  which  does  not  escape  a  reader  who  has  leisure 
to  re-examine,  is  perhaps  lost  atU^tber  upon  a  mere  auditor, 
who  has  no  of^xirtunit;  of  hearing  it  repeated ;  and  a  reader, 
besides,  is  generally  a  person  of  learning;  while  a  judge  is 
often  one  whom  the  counti;  sends  to  the  courts*  to  give  a 
decision  ou  what  he  can  manage  to  understand;  so  that 
pedu^  everywhere,  but  especially  in  the  statement  of  &ct8, 
we  ought  to  adhere  to  a  judicious  medium  in  our  hmguage, 

^(.and  say  jnat:  n^p^  «•»  «^/-j..~-].  inH  ,nh«t  ii  gnnuoh. 
46.  But  by  tpkat  it  necetiary  I  would  not  wiah  to  bf  und'^''- 


«  wholly  unadorned,  or  it  becomes  mere  rudeness.  What 
ailntcU "ii9,~ T>eguiles  our  attention;  the  more  agreeable  a  story 
is,  the  less  loi^  it  appeals;  and  a  pleasant  and  easy  road, 
though  it  be  of  greater  extent,  bt^ues  us  leas  than  a  shorter 
one  Utat  is  m^ed  and  unattractive.  47.  Nor  would  I  ever 
have  so  much  r^ard  to  brevity  as  not  to  Tfjflh  tihftfi  """T^hipg 
nhnubl   hs   immlinl   llisl   can   make  the  Btateiu  '   * 


*  /n  dteuria*.]  Dtatrix  of  the  jadiaei,  of  whioli  Augiwtng  oomtttuted 
four,  and  Caligula  added  a  fifth  Each  of  thsM  coaButed  of  ■  t^iousutd 
or  more  jvdiea,  who,  ai  thay  were  moitl;  engaged  in  tiUing  their 
groondB,  and  came  into  the  cit;  ouly  when  required  to  act  as  juduxt, 
were  for  the  moat  part  rude  uid  illiterate.  Theca  deearia  were  foi 
ItwU  oq  puUio  tnatteis  ;  for  ^rate  oauaei  then  were  the  oonMia 


D,j„.„^L,  Cookie 


CH.1I.J  EDCCAtiOH   OP  AN   OBATUR  28« 

credible ;  for  one  that  is  erety  way  [^u  and  curtailed  raij  be 
(ailed  not  so  much  a  statement  aa.  a  eot^eieiim.  There  ue  aJso 
mauy  Btatementa  that  are  necesaahl;  loQg  from  the  nature  of 
the  case,  and  for  atteading  tn  them,  aa  I  recouimended  above,*  ^ 
the  judge  must  be  prepared  by  the  conolusiian  of  the  exordium  ; 
and  we  must  then  atady,  by  every  art  in  our  power,  to  take 
Bomething  from  tlie  let^b  and  something  fnan  dte  tedioutmesa  ^ . 
of  our  narrative.  48.  jVe  shall  make  it  somewhat  leas  lonp.  7^ 
.if  werdefeilMch  particulars  as  we  can  to  another  £art  nf  our 
apee'eli,  not  without  specif ving.  h'oweverr  whuf  gp  ilpfar-  What  \ 
motivei  he  had  for  killing  him,  whom  he  look  aa  accomplicet,  J 
how  he  disposed  his  cm6«iA,  /  shall  relate  when  J  offer  my 
pToof$,  49.  Some  particulars,  too,  mi^  be  set  aside,  aa  it  were, 
out  of  the  course  of  the  narrative ;  an  eipedient  of  which  we 
have  an  example  in  Cicero:  Fulcimus  died;  for  many  eir- 
eumitaneei  that  attended  the  event,  I  ihall  omit,  as  being 
vneonneeled  with  the  eatue.  Diviaion  also  lessens  the 
tediousness  of  a  statement :  /  thall  relate  what  took  place 
be/ore  the  eommeneement  of  the  affair;\  I  shall  relate  what 
occurred  during  the  course  of  it;  I thall  relate  what  happened 
ttfterwards.  SO.  Thus  there  will  appear  rather  to  be  three 
(diort  narratives  than  a  single  long  one.  Sometimes  it  will 
be  proper  to  break  our  statements  by  a  short  interlocution: 
Yqu  have  heard  what  occurred  before;  hear  note  what 
followed.  Thus  the  judge  will  be  relieved  at  the  conclusion 
of  the  first  part,  and  will  prepare  himself  for  entering  as  it 
were  upon  a  new  subject.  51.  But  if,  when  all  these  artifices., 
have  been  tried,  the  detail  of  particulars  will  still  extend  to. 
a  great  length,  a  kind  of  recapitulation  at  the  end  of  each  part 
will  not  be  without  its  advantage,  such  aa  CiceroJ  gives  even 
in  a  short  statement :  Hitherto,  Catar,  Qutnlui  Ligariue  ia 
free  from  all  blame;  he  left  his  home  not  only  for  no  war,  but 
without  there  beiag-eaen  the  least  suspicion  of  war,  etc. 

63.  As  toiff^tbifjijiiin  our  statement,  it  will  not  be  Vesting, 
if  we  first  comult  oi^owD  judgment.  BojaJoTadvamij^i^iijji      '  .' 
J^  cfatn"T  f^  [jntiiiJ-  and  if,  in  addition,  we  assign  i^uses  and     t ,, : 
.rrlTi-— ^rl'j,  jjig  fg^  which  we  detail;  (I  do  not  mean  for  alQ.       J -' 

•CI.  Beet  W. 

t  AvU  ipttm  ret  eontttKlita^']  EvMy  afl^  ii  wid  eantraH,  when  Hit 
ntersd  npan,  and  Iwooe  MiatrdKta*  i»  used  for  mmInmi.    Spaldii^ 
t  Fro  Ligar.  &  2. 

D,j,,..;uL,Coogli:   ■ 


fe. 


o^ 


bat  for  thaae  about  which  there  is  Any  question ;)  ±nA  if 
wc  repreaeot  our  pemna.  &«■  th"  w""  *^""'  f"  nf  a  ph»rai-fjiF 
in  accordanoe  with  tHe  facta  y/h'^rh  y^  wiah  tn  hn  hy)iBv^  nf 
them ;  a  person  aceiued  of  Ihefl,  for  inst^aee,  as  eovetoui ;  of 
aduUerg,  as  tibidinoiu  ;  of  homicide,  as  rocA  ;  or  the  contmy,  if 
we  lire  ou  the  defence ;  and  we  tnust  do  the  same  with  regard 
to  places,  occasions,  and  umilar  particulars.  53.  There  is  aleo 
a  certain  managemeiit  of  the  narrative  which  gives  it  credi- 
bility, as  ia  plays  and  pantomimee ;  for  some  things  naturally 
follow  and  attach  themselves  to  others,  so  that,  if  you  make 
the  first  part  of  your  statement  judiciously,  the  judge  hmiBelf 
will  uuderstand  what  you  are  gomg  to  say  afterwards.  a4)Nof 
wiU-j^-bp^»4tliqut  advantage  if  we  scatter  hem  an^  fhflrfl  '^""' 
(seeds  of  prooL)but  bo  as  not  to.  forget  that  we  are  ntHting  »  . 
_BeneB  of  tacts  and  not  pfju^tneiUfl.  OccasionaUy,  however, 
we  may  even  confirm  what  we  advance  with  some  degree  of 
proo^  but  simple  and  short ;  for  example,  iu  a  case  of  poiaou- 
ing,  we  may  say,  Ht  wot  well  when  he  drattt,  he  fell  down 
nddenly,  and  a  blackntu  and  tweUing  of  the  body  itamediateljf 
followed,  (ij^  Preparatory  remarks  produce  the  same  efieot, 
as  when  it  is  said  that  the  accused  was  tlrong,  armed,  and  on 
hit  guard,  in  oppotition  to  thoie  who  teere  weak,  unamed,  and 
untiufecUng-  On  evervthiugi  indewil  nf  w>|inh  wb  hum  to 
treat  n"'^fr  th"  ^""^  "''  r**™^  aoTharnt-l^,  -fjHIC  J.'"'    '■-— , 

mtnimeni,  oceation,  we  may  touch  in  our  atateme!)t_££jGu>t^ 
(^("SonietimeB,  if  these  considerations  fail  us,  we  may  even 
confess  that  the  charge,  though  Ime,  ii  teareely  credible,  but 
observe  that  it  must  he  regarded  on  thie  account  ae  a  greater 
atroeUg ;  that  vie  know  not  how  it  wat  commtted,  or  why; 
that  we  wander  a^^e  ooeurrenee,  but  will  neverthelete  prove 
the  trtUh  of  it.  ^^  But  the  best  of  all  preparations  of  this 
kind  are  tliose  of  which  the  intention  is  not  apparent ;  as  in 
Cicero  every  circumstance  is  mast  happily  premised  by  which 
Clodiui  may  be  proved  to  have  lain  in  watt  for  Milo,  and  not 
Milo  for  Ctodiuai  but  what  has  the  greatest  effect  i^  that 
most  artful  assumption  of  an  air  of  simplicity :  Milo  having 
ieen  in  the  tenate-houte  that  dag,  returned  home  at  toon  at  the 
lenate  broke  up,  changed  hit  thoet  and  hi*  drett,  and  waited  a 
thort  lime,  while  hit  wife,  at  i$  Utital,  wat  getting  ready. 
66.  How  well  is  Uilo  represented  as  having  done  nothing 
with  premeditation,  nothing  witb  hastel     This  efEact  that 


D,j,,..;uL,Coo^|i: 


OU.n.]  EDUOATIOH  OJ  AS  OKATOR,  36S 

naater  of  eloquence  produces  not  only  by  iho  mcumaUuaeea 
which  he  n&rmtes,  and  by  which  he  Bignifiee  MLo'b  delay  and 
composed  manner  of  defuiture,  bat  by  the  bmiliar  and  ordi- 
naiy  words  which  he  uses,  and  his  well  concealed  art  io 
adopting  them;  for  if  the  particulars  hod  been  stated  in 
other  terms,  they  would  have  warned  the  judge,  by  their  very 
sound,*  to  be  on  hie  guard  against  the  pleader.  G0.  To  most 
people  this  passage  appears  lifeless,  but  it  is  hence  muiifeat 
how  wholly  the  art  escaped  the  jo^,  wtien  it  is  hardly 
observed  even  by  a  reader. 

Such  are  the  qualities  that  rander  a  itatement  of  foots  oredi> 
ble.  60.  &B  to  directions  that  we  should  avoid  contradictions 
or  inconsistenoiM,  if  any  one  needs  them,  he  will  receiv« 
fiirther  instruction  in  vain,  though  some  writers  on  rhetoric 
introduce  such  matters  into  their  works,  imagining  that  they 
wer«  hidden  ftom  the  worid  till  they  were  st^aciously  dis- 
covered by  themselves. 

eijajhflse  three  properties  of  a  statement  of  fecta  some 
add^^Sgnt^wcJii  which  tner  calT  '/uyaXtrgmla,  boLwhiclL  is 
neither  appropriate  to  all  _£l^jii]gs,  (for  what  place  can 
language,  raised  above  the  ordinary  level,  have  in  most 
causes  aboat  private  property,  about  loans  of  money, 
letting  and  hiring,  and  interdicts?)  i^qt  is  always  bene- 
ficial, as  is  evident  from  the  last  example  from  tHe  speech  ibr 
HHo. 

B2.  Let  us  bear  in  mind,  too,  that  there  are  many  causes 
in  which  we  have  to  confeea,  to  excose,  to  extenuate  what  ws 
state,  in  all  which  casea  magnificence  of  language  is  utterly 
inodmiseible.  It  is  therefore  no  more  our  business,  in  makit^ 
a  statement,  to  ipeai  maffnifieentlt/,  than  to  speak  dolefuUi/,  or 
invidimaly,  ot  gravely,  or  agreeably,  oi polUely;  qualities  which, 
though  each  is  commendable  in  its  proper  [Jace,  are  not  to  be 
assigned,  uid  as  it  were  devoted,  to  this  port  peculiarly. 

63.  That  quality,  also,  which  Theodectcs  assigns  peculiarly 
to  the  narrative  of  facts,  desiring  tiiat  it  should  be  not  only 
magnificent  but  pleating,  is,  though  very  suitable  to  that  part 
of  a  speech,  merely  oommon  to  it  with  other  porta.  There  are 
some,  too,  who  add  elearneu,  or  what  the  Greeks  call  h%(ytlii. 


D,j„..;^L,  Cookie 


"280  Qunmizur.  '  {kit 

04.  Nor  TTJll  I  deceive  my  readcf  so  far  m  to  conceal  from  hitn 
that  Cicero  *  desires  H^iv^pfi  ijimiiilea  m  »  atatemeBt  oi  lacta ; 


jDi  ueaidea  requiring  it  to  be  PJmp>  ttnd  eonciie,  and  cffrft^ic. 
be  would  faaye  ii.u;\f-ftyijpjptj  ^^gftifftftv'''''  ""'*  "^'-^^  ^-^  'if 
oecatiqs^  But  everjthing  in  a  speech  ought  to  be  in  some 
iegreeeharacteriitie  and   luitable  to  the  occaaioH,  aa  far  as  is 

■  possible.  ^If-evidenee  in  a  narratiTe,  as  far  as  J  understand  the 
meaning  of  the  term,  ie  (ioubtleaa  a  great  merit,  (as  what  ia 

■  true  ia  not  only  to  bo  told,  but  ougnt  ix>  a  certain  extent  to 
make  itself  seen,)  but  it  may  surely  be  included  under  perapi- 

'cuity,  which  soToe,  honever,  have  even  thought  hortfnl  at  times, 
'  becenae  in  some  cases,  they  say,  troth  must  be  diaguised. 
65.  But  this  is  an  absurd  observation  ;  for  he  who  wishes  to 
'  disguise  truth,  wishes  to  relate  what  is  fiilse  as  if  it  were  true ' 
and,  in  what  he  relates,  he  must  still  study  that  his  sttttement 
may  seem  self-evident. 

66.  But  since  we  have  come,  by  some  chance  as  it  were,  to 
a  more  difficult  kind  of  statemenU,  let  me  say  something  on 
those  causes  in  which  the  truth  ia  against  us  ;  in  which  case 
some  have  thought  tiiat  the  statement  of  facts  should  be  wholly 
omitted  t  Nodiing,  certainly,  is  easier  than  sudi  omission, 
exceptit  be  to  forbear  fi«m  pleadii^the  cause  altt^ether.  fiut 
if,  for  some  good  reason,  yon  undertake  a  cause  of  t£s  sort,  what 
'-art  will  there  be  in  confessing  by  your  silence  that  jour  cause  is 
bad  ?  unless  yon  think  that  the  j  udge  will  be  ao  aenselesa  aa  to 
decide  in  iavour  of  that  which  he  knows  that  y6u  are  unwilling 
to  tell  him.  67.  Jj^fi  ii"'-  Hiapnto  that  as  some  thinjiy  in  a 
atatement  may  be  denied,  others  added,  and  others  altered,  so 
likewise  some  may  be  suppressed;  but  such  only  are  to  be 
y  SUEpresse(l,(a,viajiugl(t^«:-*tajit  liberty  to  suppress.  This  is 
done  Bometimes  for  the  sake  of  brevity,  as  when  we  say,  for 
example.  He  amuered  vhat  he  thought  proper. 

68.  I^et  us  distinguish,  therefore,  the  HiffBrenf,  ki^da  nf 
causes  ;  for  iu  causes  in  which  there  isVoqueauon  about  the 
charge,  but  only  about  a  legal  point,  we  may,  though  the 
matter  be  against  us,  admit  the  truth  :  He  took  money  from  a 
temple,  iuf  ■(  aai  that  of  a  private  indinidaal ;  and  he  hot 
ther^ore  nut  committed  tacrilege.     He  carried  off  a  maidcH  ; 

■  •  Da  Orat  ii  80 ;  Topic  o.  28 ;  P«rt.  Onit  o.  9. 
t  Sm  T.  13, 16. 

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CH.il]  EDDOATIOir  Of  AN  OR&TOB.  S87 

jftl  oplim*  is  not  to.bt  granted  to  her  father.  S9.  He  dit- 
honaured  a  aell-born  ymUh  ;  and  the  yovth,  on  being  die- 
hotumred,  hm/tg  hinuelf,  yet  the  author  of  hit  dishonour  is  not  to 
be  capitally  jnmithed  at  being  the  eaute  of  hit  death,  but  it  to 
fay  te»  thoutand  aeatereet,\  the  fine  impoted  on  him  mho  it 
gviUy  of  such  a  crime.  But  in  such  confesstons  somBtbing  of 
the  bad  impreasioa  ma;  be  removed  which  die  statetoent  of 
our  opponent  may  have  produced;  since  evea  our  slaves 
Bpeali  apologeticallj  concerning  their  own  ikults,  TO.  Some 
^nga.  also,  ne  may  palliate  without  aasuniing  the  tone  of 
nairative :  He  did  not,  at  our  opponent  alleges,  enter  the  Umph 
for  the  purpote  of  stealing,  or  watch  for  a  favourable  taoment 
/or  accomplishing  tueh  ol^eet ;  but,  templed  by  the  opportunity, 
the  absence  of  the  guards,  and  the  sight  of  money,  which  hat 
too  strongX  an  injbunee  over  human  resolution,  he  yielded.  But 
what  hat  thit  to  do  with  the  question  ?  He  trantgretsed,  and 
became  a  thief  ^  It  it  of  no  use  to  palliate  an  act  of  which  we 
do  not  shrink  from  the  penalty.  71.  Sometimes,  too,  we  ma; 
Beem  even  to  condemn  our  own  client ;  addressing  him,  for  ex- 
ample, thus :  Would  you  have  me  say  that  you  were  excited  with 
vine?  That  you  feU  into  an  error  ?  That  you  were  led  astray 
in  the  darkness  ?  All  this  may  perhaps  be  true  ;  but  you  have 
nevertheleis  dishonoured  a  free-born  person  ;  you  must  pay  ten 
thousand  lestercet.  Sometimes,  again,  our  cause  ma;  be 
guarded  by  a  careful,  opening,  and  then  fully  stated,  73. 
Every  thing  was  adverse  to  the  three  sous  who  conspired  to 
kill  their  iather ;  they  had  drawn  lots,  and  had  entered  their 
father's  chamber,  at  night,  one  after  another,  while  he  was 
sleeping ;  but,  as  none  of  them  had  the  heart  to  kill  him, 
the;   confessed  the  whc4e  matter   to  him  when   he  awoke. 

*  The  nomac  on  whom  a  rape  wu  oommiUed  had  the  priTilege  of 
ehooBing  whether  the  Taviiher  ehould  lie  put  to  death  or  many  her ; 
but  the  father  had,  by  \vi,  no  choice  in  the  case.  Oaaer.  To  the 
ri^Mforum  dectioaea  Uiere  ih  ui  aJLuaion  in  the  Dialogue  de  Orat.  c 
86  ;  comp.  TiL  S.  i.    Spaidmg. 

t  B;  the  Scatinian  or  Scantinian  law.  Some  other  pasaagca  in 
ancient  writere  are  at  vuiance  with  what  Quint^lian  bbt9  about  thi 
amount  of  the  fine,  u  ia  ikawo  hj  Bach,  Hiat.  Jurispr.  Rom.  ii.  2,  29. 
But  ths  BuDt.  amunnt  ia  specified  in  the  Declamations  attributed  to 
Qiuntilian,  £52  and  370.     Spalding. 

%  Sivtium  $udm.]  Spalding  obaerree  that  be  baa  been  unable  to  find 
this  eipreeaiou  in  any  other  author,  and  propoBea  to  mad  nunmai 
(■an  (Ml,  which  ia  a  sMDnioo  phraaa. 


D,j„.„^L,  Cookie 


388  quiNTiLTAir.  [b.  it 

73.  Tct  if  the  father  (who  indeed  dirided  his  estate  &monR 
them,*  and  defended  them  vhen  accused  of  parricide)  ahoula 
plead  thos,  At  to  defence  againtt  the  law,  a  eharge  o/parrieide 
it  brought  agamit  young  men  whoie  father  U  ttili  alive,  and 
appear*  oniheir behalf;  andtogivearegvlaritatententoflheeate, 
therefore,  would  be  iuperftuoui,  Hnet  the  law  hat  no  bearing  on  it; 
but  if  yo*  require  a  confession  of  my  own  miieondvet,  I  teat  an 
avstere  father,  and  a  tenaeiout  guardian  of  that  properly  which 
would  have  beenbetter  managed  by  them;  74.  and  should  then  ob' 
serve  that  they  were  prompted  to  the  act  by  youtht  whose  fatberM 
were  miyre  indulgent,  but  had  neverthelett  lueh  feelings  at  was 
proved  by  the  fact  that  they  could  not  kill  their  father;  for 
that  it  would  have  been  needlettfor  them  to  take  an  oath  to  kill 
him,  if  they  had  had  the  retolution  to  do  so  without  it,  nor  would 
there  have  been  any  need  of  a  lot,  had  not  each  of  them  been 
desirous  to  be  exempted  from  the  act;  b1\  argomenta  of  this 
nature,  such  as  the;  are,  nould  find  the  minds  of  the  audience 
more  favourably  disposed  to  receive  them,  when  softened  by 
the  hrief  defence  offered  in  the  first  proposition.  7S.  But 
when  it  is  inquired  whether  a  thing  occurred,  or  what  sort  of 
thing  occurred,  how,  though  everything  be  against  us,  can  we 
fivoid  making  a  statement,  if  we  adhere  to  what  is  due  to  our 
cause  ?  The  accuser  has  made  his  statement,  and,  not  con- 
fining himself  to  intimate  how  matters  took  place,  has  added 
much  to  our  pr^ndioe,  and  exaggerated  it  hj  his  language ;  his 
proo^  have  been  brought ;  his  peroration  has  excited  the  judges, 
and  left  them  fbll  of  indignation  ;  they  naturally  wait  to  hear 
what  will  be  advanced  on  oar  side.  76.  If  we  advance  nothing, 
the  judges  must  necessarily  believe  that  what  our  opponent 
bos  said  really  happened,  and  that  it  happened  just  as  he  re- 
presented it.  yHiat  then,  it  may  be  asked,  shall  we  tell  the 
same  story  as  our  opponent  9  If  the  question  is  about  gualitp, 
(which  is  the  next  consideration  after  that  of  fact  is  aetdeC) 
we  most  tell  the  same  story  certunly,  but  not  in  the  same 

■  This  father  had  prerioiulj  divided  hU  eatate  wnoag  Lu  lODa  wbo 

Slotted  against  hie  Ufe,  and  when  tbey  w«re  acoiuad  of  intended  {Huricida 
7  the  father's  reUtioiu,  (aa  ia  ingenloualjr  coDJectared  b;  the  interpreter 
calliug  himself  Tumehiii),)  who  would  auoceed  to  the  estate  if  the  aoiia 
were  proved  guilty,  the  father  himself  appeared  as  advocate  for  hia 
children  on  their  trial  Spalding.  The  structure  of  the  passige,  am 
he  adds,  la  b;  no  means  olear ;  Uie  word  ii^jicitw  ia  probablj  oorrupt. 


D,j,,..;uL,Cooj^|i: 


A/B 


SDDCATIOM   OP  AS  O&ATOB. 


s  for  Bctiona,  and  give  another 


:i' 


■  iff.  II.] 

may ;  wa  must  assign  other  e 
view  of  them.     77.  Wa  maj 

terras  iu  which  ■we  spet^  of  diem ;  Ivxurg  maj  be  mentioned 
under  the  softer  term  at  gaiety,  avarice  under  that  oi  frugal' ly. 
and  earelessnetg  under  t^t  of  ffood  nature.  A  certain  degree  / 
of  favour,  or  at  least  of  commiseration,  we  ma;  gain  by  our  look,  L 
tone, or  attitude.  Aconfessiouofitaelf  will  sometimes  draw  tears. 
As  to  those  who  are  of  a  eontraiy  opinion  about  a  8tat«ment, 
I  would  willingly  aak  them  whet^r  they  mean  to  justify,  or 
not  to  justify,  Uiat  whjcb  they  do  not  mean  to  narrate  ?  78.  For 
if  tbey  neither  justify  facts,  nor  make  a  statement  of  them, 
their  whole  cause  will  be  betrayed  ;  hut,  if  ihiv^  mean  to  offer  a 
justification,  it  is  agrely  necessary  for  them,  for  the  most  Bart.  . 

make  a  statement  of  that  which  mat  be  refuted,  and  m^e  it,  'B'^io**'}" 
indeed,  with  that  veiy  object?  Q^  Or^  what  difference   is  "^^^ 
tl^ere  between  proof  «nd  a  ffatgrf""^  tf  /"''"    "'■"T*-  tii»t~A       I  yk 
\Btoteme&t    is  a  ^iTgriPi-fnd   pupn^iit.inn  nf  that,  whjph   ,'1  t"  t^       I 
proved,  and  (prooC^s  a  verification  of .  that ,  which  has  been       J 
stated  ?     Let  us  consider,  then,  whether  auch  a  statement,  in 
opposition  to  that  of  our  opponent,  ought  not  to  be  somewhat 
longer  and  more  verbose  than  ordinary,  by  reason  that  we 
have  to  prepare  the  mind  of  the  judge,  and  by  reason  of  par- 
ticular ailments  that  we  may  introduce  ;  (I  say  particular 
argvmenia,  and  not  a  continued  course  of  argumetUstioni)-Moi  -  >7 

Jtjtfin  iffivp  iTTPHi-.  t.»^tln  niir  pf'^'Tirilt  if  wfiHiffinnt  from     /^^^ 
time  to  time,  tha^  ug  sAi^fj  ftnbl.ith  juifli  w? , j 


H  th/i  Uriit  fXplis^linn  af 

_  .^t.hHt"^>-  iniri-at  ih^ kful^ei  In  icaJL  lu^fn/i  thMr  n^iifio..,. 
find  Iruxl  that  tee  ibalj  mufrff  ff""'^  "^  V"'"'  ^^-  Finally,  WO 
must  relate  whatever  can  be  related  otherwise  than  our  adver- 
sary has  related  it ;  or,  for  the  same  reason,*  exordia  in  such 
causes  may  be  dtought  superfiuous,  since  what  further  purpose 
have  they,  than  to  render  the  judge  more  disposed  to  under- 
stand the  cause?  fiut  it  is  admitted  that  there  ia  nowhere 
ffreat«r  use  for  them,  than  where  the  mind  of  the  judge  is  to 
be  freed  from  some  prepossession  conceived  against  us, 

81.  As  ta  eottjeetural  causes,t  in  which  the  question  ia 

*  Eo  ettom.]  Eamdem  ob  emuam.    Spalding.    That  li,  on  the  sappo- 
■itioa  that  we  were  M  moke  no  atatement. 

-f  When  tbe  acenied  deoiei  thai  ha  is  |^^  of  the  Tad  charged 


D,j„..;^L,  Cookie 


SOD  WmntLuuf.  [kit. 

ftbout  fftct,  they  do  not  so  often  require  rd  eipkntitioti  of  tba 
point  OD  nhicb  a  decisiou  is  to  be  given,  as  of  the  circum- 
Btancoa  from  which  a  knowledge  of  it  is  to  be  collected.  Aa 
the  proBooutor  will  represent  tbo»e  circumstances  in  an  un-  , 
favourable  hght,  the  defendant  muet  try  to  remove  the 
uobvouTEible  impression  produced  bj  him;  the  ciroumatanceB 
must  be  laid  before  the  judge  by  the  one  in  a  different  way 
from  that  in  which  they  are  presented  to  him  by  the  other. 
e-2.  But,  it  may  be  said,  some  oi^umonts  are  strong  when 
advanced  in  a  body,  but  of  less  force  when  separated.  This 
remark,  I  answer,  does  not  apply  to  the  question  Whether  we 
ought  to  make  a  ttatement,  but  how  ve  ought  to  mate  one. 
For  what  hinders  ns  from  accumulating^  a  varietL^_eiu[m»c» 
ill  Quf.  statement^  aoS  to  promise  to  produce  more2_  Or  to 
divide  our  statement  mto  portions',  to  give  proofs  under  each 
portion  as  it  is  brought  forward,  and  so  proceed  to  what  follows  ? 

^^-  For  I  do  opt-  spree  wifl'  tljfwfl  Bhn  t^'i"''  ■^"' 1 

1  /  ^waja  relate  matters  inTEie  order  in  which  thej[_occurresJ ;  J 

■  t  iwHsider  j^Eerjt^rWe  should  reMe'fheiirmtEe  order  whiijb 

'-'Aa  best"  for  our  causgj^    This  may  bo  effected  1^  various  arti- 

ticee ;   ^or  sometimes  we  may  [O'etend   that  something  has 

^esci^jed  our  memory,  with  a  view  to  introduce  it  into  a  place 

X  better  suited  to  our  purpose;  sometimes  we  may  quit  tho 

/      proper  order,  and  assure  the  judge  that  we  shall  afterwards 

I        return  to  it,  as  the  case  will  thus  be  rendered  clearer ;  some- 

V       times,  after  relating  a  fact,  we  may  subjoin  the  motives  that 

\     preceded  it ;  84.  for  there  is  no  fixed  law  for  a  defence,  or  any 

^  invariable  rule ;  we  must  consider  what  is  best  adapted  to  the 

nature  of  the  case,  and  to  the  occasion ;  and  must  act  as  in 

regard  to  a  wound,  which,  according  to  its  state,  must  either 

be  dressed  at  once,  or,  if  the  dres«ng-can  be  delayed,  must  be 

bound  up  in  the  meanwhile.     85.  Nor  would  I  consider  it 

unlawful  to  repeat  a  thing  several  times,  aa"CrceTo  has  done  in 

"Ks  speocE  for  ClueiitiuB  ;  a  HBerty  wlich  is  not  only  allowed  to  lie 

takeu.'Tut  is  sometimes  even  necessary,  as  in  wibbh  nf  q^tnrt'""i 

aiid  air  such  as  ar«  not  at  all  cojuplicBted.^    It  is  the  part  of 

a  fool,  indeeilTto  be  led  by  a  superstitious  regard  for  rules  to 


■futtit  hfan,  hs  will  hudly  nuks  a  gtattment  of  it,  tmlaw  he  throws 
ILe  guilt  upoD  aome  other  party.     TWnciHA 
■  Com|i.  s.  1,  M«t  71  i  0.  1,  laot.  (, 


t,  Google 


CH.  II.]  EDUCATION  OF  AS  O&kTOB.  291 

act  t^mnst  the  interest  of  liis  cause.*  66.  It  is  the  practice  to 
put  Qie  atalement  of  facts  before  the  proofs,  that  the  judge 
may  not  be  ignorant  of  the  point  about  which  the  question  is ; 
and  why,  then,  if  every  circumstance  is  to  be  established  or 
refuted,  is  not  every  circumstance  to  be  stated  in  our  narrative  ? 
For  myaejf,  as  &r  as  any  account  ia  to  be  made  of  my  practice, 
I  know  that  I  used  to  adopt  that  method  wheneTerthe  interest 
of  any  cause  required  it,  and  mth  the  approbation,  too,  of  men 
of  experience,  and  of  those  who  sat  in  judgment;  and  in 
general,  (a  remark  which  I  do  not  make  from  vanity,  for  there 
are  many,  with  whom  T  was  associated  in  pleading,  who  caa 
contradict  me  if  I  speak  falsely,)  the  duty  of  stating  the  case 
was  aas^ued  to  me.  B7.  Tet  I  would  not  on  that  accoont  say 
tliat  we  should  not  more  ftequently  follow  the  order  of  facts. 
In  some  facte  the  order  cannot  be  changed  without  impropriety ; 
as  if  we  should  say,  for  example,  that  awoman  had  a  child,  and 
should  afterwards  say  that  the  conceited;  that  a  will  was 
opened,  and  then  that  it  was  aealed ;  and  if,  in  speaking  of  such 
matters,  you  chance  to  mention  first  that  which  happened  last, 
it  is  best  to  make  no  allusion  to  that  which  happened  first. 

88.  There  are  also  at  tiiaea  false  statements  ;f  of  which 
two  kinds  are  introduced  in  the  forum  ;  one,  which  depends  on 
BTtrii]{)|(^  flUppnri. ;  as  Publius  Clodius  rested,  his  cause  on  the 
testimony  ^f  witnesses,  when  he  affirmed  that  he  was  at 
Interamna  the  night  on  which  he  committed  a  heinous  crime 
at  Rome  ;  tbg  other,  which  must  be  supgoije^  by  t.hn  Mhlliiy  nf 
the  pleader :  and  tLis  rehea  Bomeumes  on  a  mere  assumption 
of  moi^^(n7iii  him,  whence  it  appears  to  me  to  be  called  eof»- 
plexion;  sometimes  on  a  peculiar  representation  of  the  case. 
'.  tt^t.,  vftiinhiioever  of  the  two  modes  we  adopt,  our  first  rsHB.  L  • 
ist  be  that  wbat  we  invent,  be  possible  Tneiit  thatjt  b,fe-iR  ,  -j- 
^iBCg,  M^d.  UmCaSd.  have  a  _character 
'.  if  it  be  practicabje. _piy 


representaUon  shouJd  be  copnecteA.  with.  somBlhing,"  that  w 
^knowlerigfir^  ia  \\n  tnis :  or  be  supported  by  some  argument 
relative  to  the  question ;  for  what  is  altogether  sought  from 
without  the  canse,  is  apt  to  betray  the  licence  which  we  take 
in  inventing.  90.  We  must  be  extremely  watchful,  too.  that 
□o  two  particulars  (as  often  happens  with  tellers  of  fiction) 
*  Comp.  c  1.  eect.  64,  OS ;  and  e.  S,  sKt  7. 


iroTnTe'; 


,,..;jL,  Google 


39S  QtiiiiTiLiAir.  [B.nr 

contradiot  ooe  anodier ;  (for  some  things  may  gait  very  well 
viith  certain  parts*  of  our  case,  and  yet  not  agree  with  each 
other  on  the  whole ;)  and  also  that  they  be  not  at  Taiianoe 
with  what  is  acknowledged  to  be  true  ;  it  being  a  maxim  even 
in  the  schools,  that  the  complexion  is  not  to  be  sought  from 
without  the  ai^ument.  91.  Bat  both  in  the  schools  and  in 
the  forum,  the^^er  ou^t  to  keep  in  mind,  throughout  the 
whole  case,  what  he  baa  inventeT.  ainoe'wTiat  ja  not  ti'lW  llj  apt 
<o  be  forgotten,  and  the  comroon  s^ng  is  just,  that  a  liar 
migH'to  have  a  good  memory.  flS.  Let  us conader,  also,  that 
if  the  question  he  concerning  an  act  of  our  own,  ne  must  ad- 
here to  one  particular  statement;  but  if  concemii^  the  act  of 
another,  we  may  bring  it  under  a  variety  of  suspicious  aspects. 
In  some  scholastic  causes,  however,  in  which  it  is  supposed 
that  a  person  under  accusation  does  not  answer  to  the  questions 
put  to  nim.t  liberty  is  granted  to  enumerate  all  the  answers 
that  might  have  been  given.  03.  But  let  us  remember  that 
we  are  to  feign  only  such  things  as  are  not  liable  to  bo  dis- 
proved by  evidence ;  and  these  are  such  as  proceed  oiily  from 
our  own  thoughts,  of  which  we  alone  are  conscious  ;  such  as 
are  supposed  to  have  been  said  by  the  dead,  of  whom  none 
will  appear  to  refute  them;  or  by  one  who  has  the  same 
interest  with  ourselves,  for  he  will  not  contradict  us ;  or  even 
by  our  adversary,  as  in  denying  them  he  will  gain  no  credit. 
94.  As  to  imputed  motives  from  dreams  and  superstitious  feel- 
ings, they  have  lost  all  credibility  from  the  ease  with  which 
they  are  invented. 

Nor  is  it  sufficient  to  adopt  a  certain  colour  in  our  statement 
of  fiiets,  unless  it  preserve  a  oonsistency  through  the  whole 
case ;  aepecially  as  the  only  mode  of  establishing  certain  points 
lies  in  (useveration  and  yeriislenee  /  95.  as  the  parasite  (who 
claims  as  his  son  a  youth  that  bad  been  three  times  disin- 
herited  {  by  a  rich  man,  and  allowed  to  return  to  him,)  will 

*  ParMm  Uandumf  w.]  PartBnu  ix  !n  Uie  ablative  case  ;  guOtudan 
inpartiitu;  tecimdunqwudamparteB.  CapperoDier.  "  II  est  dea  choaea 
qui  «e  concilient  »ao  ccrtalnes  portiee.'    Otdoyn. 

f  When  ths  aalijwit  ia  aucli  that  the  accuaod  oppoBes  an  obBtinate 
■nance  to  eraty  mterrogatoiy,  or  is,  for  soijie  reuon,  Qot  allowed  to 
reply ;  for  though  no  reply  was  inlrodused.  in  Bcholvtjc  declaoiBtioas 
in  general,  {see  sect.  S8,)  yet  I  do  not  auppoae  that  Quintilisn  intenda 
here  to  nay  thia  of  all  declamatioiu  whatevar.     Spalding. 

f  It  ii  to  be  ondeiatood  that  tka  tidh  man  had  tbiice  eigniSed  as  in* 


D,j„..;uL,  Cookie 


en.U.]  BDOCATION  OP  AIT  OKATOB.  383 

have  some  colour  for  assertiiig  that  poverty  was  bis  reason  for 
exposing  the  boj  ;  that  the  charact^  of  parasite  was  assiimeil 
bj  him  merely  becauee  he  had  a  son  iti  that  house,  and  that 
the  inDocent  youth  was  disinherited  three  times  only  because 
he  yias  not  the  son  of  the  person  who  disiuheiited  him. 
96.  But  nuless  he  exhibit,  throughout  all  his  speech,  the 
affectioii  of  a  father,  and  tiiat  in  the  most  ardent  manner, 
tt^ether  with  the  hatred  of  the  rich  man  towards  the  youth, 
and  his  own  fear  for  him,  as  knowing  tiiat  he  will  stay  with  the 
greatest  danger  in  a  house  in  which  he  is  ao  detested,  be  will 
not  escape  the  suspicion  of  being  a  suborned  claimant. 

97.  It  happens  at  times  in  the  declamations  of  the  schools, 
(I  know  not  whether  it  can  possibly  happen  in  the  forum,)  that 
both  parties  make  the  same  allegations,  and  each  supports 
them  on  its  own  behalf;  as  in  this  cause :  98.  A  uife  informed 
her  husband  that  her  ttep-ion  had  endeavoured  to  seduce  her, 
and  had  appointed  a  time  and  place  for  their  meeting ;  the  ton,  on 
hia  part,  brought  a  similar  charge  against  his  atep'Ttiother,  only 
naming  a  different  time  and  place;  the  father  finds  his  sen  in 
the  place  which  the  wife  had  named,  and  his  wife  in  that 
which  the  son  had  named ;  he  divorced  his  viife,  and,  as 
the  said  nothing,  disinherited  his  son.  Nothmg  can  be 
said  OD  behalf  of  the  young  man,  which  may  not  also  be 
said  on  behalf  of  his  step-mother.  99.  What  is  common, 
howerer,  to  both  parties,  will  be  stated;  and  then,  from 
the  comparison  of  persons,  from  the  order  in  which  the  infor- 
mations were  given,  and  from  the  silence  of  the  wife,  when 
divorced,  arguments  will  be  drawn.  100.  Nor  ought  we  to  be 
ignorant  that  there  are  some  cases  which  do  not  admit  of  any 
colouring,  but  are  simply  to  be  defended  ;t  as  was  that  of  the 
rich  man,  who  lashed  with  a  scourge  the  statue*  of  a  poorer 

testion  to  dl^nkarit  liU  bod,  which  tlie  lawi  did  not  kllow  him  to 
cany  into  execution.  Hence  the  son  in  aaid  ia  the  text  to  be  abtolMns. 
or  Bent  back  to  hia  &ther'>  houie.  The  rich  uum,  thug  repeatedly 
di>appoint«il,  nuborua  >  puuite  whom  he  had  in  hit  hoiua  to  claim 
the  young  man  ae  hia  own  bou,  hoping  to  Mt  rid  of  Tii-n  by  that  moans. 
There  were,  in  reality,  no  laws  wiUi  re^tird  to  disinheriting ;  they  wen 
merely  flotiom  of  the  echoola.     Spaldmg. 

*  An  when  a  person  resta  hia  defence  eolely  on  the  law.     SpaldMig. 

f  Badiua  Aaoenaiiu  aptly  illuDtratea  this  passage  by  citing  a  passage 
from  Paulus,  Digeirt.  ilv.  10,  27:  '|If  the  statue  of  jour  father, 
erected  on  his  monnmeDt,  hoe  been  injured  by  stones  thrown  at  i< 


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294  anMTiUAx.  [b.  it. 

mail,  that  was  his  enemj,  utd  vag  in  oonBcqaetioe  accneed  of 
oommittiDg  an  insnlL  A  pleadei  cannot  say  in  palliation 
of  Buch  an  act  that  it  was  that  of  a  sensible  man ;  bnt  he 
may  perhaps  encceed  in  defending  it  trout  penal^. 

101.  But  if  part  of  a  statement  be  in  onr  faToni,  and  put 
against  us,  wo  most  deliberate,  according  to  the  nature  of  the 
case,  whether  we  ouffht  to  blend  those  parts  together,  ctrieep 
tlicm  distinct.  If  Uie  facts  which  make  against  as  be  the 
more  nomerons,  those  which  are  in  oar  favour  will  be  OTer- 
whelmed  bj  tbtim.  In  aucb  a  case,  then,  it  wiU  be  best  tc 
divide  them,  and,  after  stating  and  confinning  tiie  ciroum 
stances  that  are  favourable  b>  us,  to  adopt  againat  the  rest  suet 
remedies  as  we  have  already*  specified.     102.  If  the  facta  ic 

r  favour  be^the  jnpre._nnnie'!'"'?i  "^  jnaj  very  well  ii 


tV.ein,~tIiat  lliDse  which  are  adverse  to  ua,  hping  plmfli]  an  it 
wprn  in  TIij)  iftiUfiti  11^  Wt  au^Iiaries.  may  have  les^  f'JTfi'*- 
"Kirtlierjbs  one  nor  the  other,  however,  are  to  be  expos^jj 
unJefended  ;  but  we  must  taVe  care  to  support  such  as  lavour 
us  with  proof,  and  add  reasons  why  such  as  are  against  us  are 
not  to  be  credited ;  because,  unlera  we  make  a  diatinotiou,  it 
is  to  be  feared  that  the  good  may  be  polluted  by  the  contami- 
nation of  the  evil. 

103.  The  following  directions,   tixi,  ore   commonly  given 
respecting  the  statement  of  facts  ;  'bftf,  j^n  rtiitreuum  is  to  ba 

.^  made  from  it ;  that  we  are  to  addreM  auTselves  constantly  to  the 
judge  t^  that  we  are  to  rpeak  in  no  charaeterlmt  our  'ifom  •  nnii' 

'that  we  are  to  introduce  no  arffumtm tatiifji;.  ani  some  even 
&dd  that  we  are  not  to  attempt  to  excite  the  feelings.  These 
precepts,  doubtless,  are  to  be  in  general  observed ;  or,  I  may 
say,  never  to  be  departed  from,  unless  the  nature  of  our  cause 
obliges  us  to  disregard  them.  104.  In  order  that  our  state 
ment  may  be  clear  and  concise,  not'Eing  can~E'e  so  seldom"^ 
jusiiflatile'iti  it  US  iWjrcMfBff;  ■n&f'ouglil ■there~ever  to  be  any 
"excepT  such  iCglrshinT;  find  of  such  a  nature  that  we  may  seem 
lo  be  hiuried  into  it,  out  of  our  right  course,  by  the  strength  of 

you  cannot  bring  an  action  nguiurt  tbe  thrower  of  the  stone*  for 
violation  ot  ■  aapulohrs,  bn*  yon  may  for  the  (njury  done  to  the 
Itatna ;  as  Idbeo  writag."  SometkinKaiiailar  U  meaticHied  by  Pan-" 
M(iiu,vi.ll,inTi4{udtotbeatatiMof  TbM^vnaaMiaUileta;  ^laUn^ 


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OH.n.]  IDCCA.TIOH  or  AN  OKATQB.  a05 

our  feelings.     105.  Srxcb  is  ^t  of  Cicero*  respecting  the  mar~ 
riage  of  Sassia :  Oh,  tneredibU  wickedneu  in  a  utman .'  tuch  a» 
hiu  not  &MH  h«ard  of, in  the  whole  eotcrte  of  Auman  life,  except  in 
thit  one  female!    Oh,  UTibridied  and  immoderate  loiciviouiness .' 
Oh,  unparalUUd  audacity  '.  Not  to  kavefeared.ifnot  the  power  oj 
the  god*,  or  the  opinion  of  men,  at  least  that  very  night,  and  those 
ni^titd  torchei !  Not  (o  have  respected  the  threshold  oftheeham- 
her,  or  the  cawh  of  her  daughter,  or  the  very  v>aU»  themselvei,  the 
w((n«MM  qf  her  former  marriage'.     106.  As  to  constantly  ad- 
dreasing  tiM  judge,  a  hri^  dtvereion  of  our  ^eeeh  from  him^ 
Bometimee  intimatM  a  thing  more  conciaelj,  and  gives  it  more  ' 
eSbct.    On  this  point,  according!;,  I  hold  the  some  opinion  as 
I  espreseed  lespecting  the  exordium ;  and  I  think  the  same 
vrith  regard   to  the  protopopeia ;    which,  however,  not  only 
Servius  Sulpidust  has  used  in  his  defence  of  Aufidia,  "  That 
you  were  languid  with  tleep,  ihotdd  I  mippose,  or  oppreued  with 
a  heavy  lethargy  f  "  etc,  but  Cicero  himself,  in  speaking  of  the 
ship-masters,}  (for  that  passage  is  a  statement  of  fiicts,)  ex- 
claims,   "For  liberty  to  enter,  you  «ftU  give  so  much,"  etc. 
107.  In  his  pleading  for  Cluentius,§  too,  does  not  the  conver- 
satiou  between  Stalenus  and  Bulbus  contribute  greatly  to  the! 
rapidity  of  the  narrative,  and  to  its  credibility  ?     And  tliat  he\ 
may  not  be  supposed  to  have  fallen  into  this  manner  undesign   \ 
edlj,  (a  supposition  which  is  indeed  wholly  incredible  with    \ 
regard  to  such  an  orator,)  he  recommends,  in  his  Oratorical    \ 
Fartitiona.ll  that  tlie  statement  of  facts  should  display  o^rMobJe-       "if'  — 
nesa,  tomething  to  excite  mrprite  and  expectation,  unexpected    j 
reeulta,  eonveriationt  betieeen  different  pei^le,  and  all  thefeeUngt  / 
of  the  mind.     108.  Continued  ar^mentati<m,  as  I  obaerved.T    ,^,  ^ 
we  must  never  use  in  our  statement  orTac  ta^  .tt.oB^  J^li^JJ        ] 

•  Pro  Gnent.  c.  6.  ^^  ■.  '  ■^" 

t  Servius  Sulpioiua,  tha  ftisnd  of  Cicero,  i  vciy  celebrated  lawyer,        .  ,'•  ■  '' 
'.8  ttud  to  have  Bpoken  in  defenoa  of  Aufidia,  not  only  here,  but  in  1. 1,  , 

22  ;  and  thU  mikei  it  llis  mote  difficult  to  explain  n.  1,  20,  where  a         0-y 
Ipeech  of  hia  againtt  Aufldia  ia  meatioued ;  far  ws  leam  &odi  i.  1,         {  i  .  •    - 
116,  and  7,  80,  that  there  were  only  three  of  biB  speechea  extant,  and  v 

It  is  hardly  credibte  that  two  of  them  were  on  opiioiit*  lidea  in  tha  0 

same  cauie.    Of  Aufidin'i  oue  «•  Sud  no  maution  in  any  other  writer, 
&ialdiag. 

J  In  Vtn.  V.  *6. 

I  C.  36. 

V  Ssct.  70,  IM. 


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SOA  QTlimLUlf.  [B.IV. 

introdiire  a  tingle  ttrffttnt^nt  occaKoaallj,  as  Cioero  does  in  hia 
speech  for  Ligarius,*  ivben  he  eaja  th&t  be  had  goveraud  his 
->roviiic«  ia  such  a  waj  as  made  it  expedient  for  him  that  the^ 
should  be  peace.  We  maj  alao  introduce  in  our  statement, 
if  the  subject  requires,  a  short  defence  of  our  client's  con- 
duct, or  a  reason  for  it ;  for  we  are  not  to  state  things  as  a 
witness,  but  as  an  advocate.  109.  The  mmple  account  of  a 
fact  may  be  such  as  this  :  Qtiinttia  Ligarita  uenl  tnbt  AJriea  as 
Ueutenant-gmeral  mth  Caiia  O.ontidiu*.  But  bow  does  Cicero 
give  it  ?  Qvintut  Ltgarwt,  vhen  there  mat  fwl  even  a  ttupiewn 
of  war,  vent  into  Africa  at  UeutenanZ-getural  v>ith  Caiiu  Con- 
sidiu*.  110.  In  another  place,  again,  He«etouf,nof(m7y  tonomar, 
but  not  even  upon  the  leatt  »ufpicion  oftear.f  When  it  was  suffi- 
cient for  him,  too,  in  proceeding  to  slate  a  &ct,  to  say,  Qmn-, 
tut  Lagariut  allowed  kimtelf  to  be  involved  in  no  traTttaetion,  he 
adds,  looking  back  to  kit  home,  and  being  detiroui  to  return  to  his 
friend*.  Thus  what  he  stated  he  made  credible  by  giving  a  reason 
for  it,  aud  made  a  strong  impression,  at  the  same  time,  on  the 
feelings  of  his  audience.}  111.  1  am  the  more  surprised  at 
those,  therefore,  who  think  that  we  are  not  to  touch  the  feel- 
ings in  a  statement  of  facts.  If  thbj  mean,  indeed,  that  we 
are  not  to  work  ou  ibem  long,  or  as  in  the  peroration,  they  are 
of  the  same  opinion  with  myself;  for  tediousness  ia  to  be 
avoided ;  otherwise,  why  should  I  not  move  the  judge  while  1 
am  instructing  him?  IIS.  Why  should  I  not  secure,  if 
possible,  at  the  very  opening  of  my  case,  the  ot^ect  which  I 
am  desirous  ta  attain  at  the  conclusion  of  it,  especially  as  I 
sltall  find  his  mind  more  manageable,  when  I  come  b>  proofs, 
if  it  has  previously  been  swayed  by  indignation  or  pity  ? 
113.  Does  not  Cicero.f  in  a  very  few  words,  touch  all  tha 
feelings  by  describing  the  scourging  of  a  Roman  cttizeo,  not 
only  diowing  the  condition  of  the  sufferer,  the  place  of  the  out- 
rage, the  mature  of  the  infliction,  hut  extolling  the  spirit  vrith 
which  he  bore  it?  For  he  exhibits  him  as  a  man  of  great 
magnanimi^,  who,  witen  he  wat  lathed  with  rode,  uttered  no 

•  C.  2. 

t  Pro  Lig.  e.  1,  2. 

X  Afftel^  quoifM  implmf.]  AfftOmi,  aa  Spalding  obserm,  ia  ia  tha 
gaoitiva  coH,  but  he  would  rather  read  afictit,  aa  the  ablative  is  mora 
usual  with  QiuDtiUaii.  Cicero,  aaja  Qooer,  ascibed  Uie  pity  of  th« 
judges  for  Ligariua. 

S  In  Tarr.  t.  62. 


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OH.  ILj  EDUCATIOK  or  iJt'  OEA?Oa  397 

groan,  omA  made  no  gappluaimn,  but  only  exclaimed  thai  he  waa 
a  Boman  cUiieii,  to  the  disgrace  of  his  oppressor,  And  inth  con- 
fidence iu  the  laws.  114.  Has  he  not  also,  through  the  whole 
of  \uB  statement,  excited  the  greatest  detestation  of  the  treatr 
ment  of  Fhilodamoa,*  and  caused  the  tears  of  his  audience  to 
overflow  at  his  punishment,  not  so  much  relating  that  they 
wept,  as  exhibiting  them  weeping,  the  /other,  that  hi*  ton 
viai  to  die,  and  the  con  that  hit  father  was  to  die?  What 
more  touching  could  an;  peroration  present?  116.  It  is 
late,  too,  to  bring  the  feelings,  at  the  end  of  a  speech,  to 
bear  on  particulars  which  we  have  previously  narrated  with 
coolness ;  the  judge  has  become  familiarized  to  them,  and 
hears,  without  any  eicitfiment,  that  with  which  he  was  not 
moved  when  it  was  new  to  him  ;  and  it  is  difficult  for  us  to 
change  the  temper  of  his  mind  when  once  it  is  settled. 
116.  For  my  own  part,  (for  I  will  not  conceal  my  opiutoo, 
though  that  which  X  am  going  to  say  rests  rather  upon 
experience  than  upon  precepts,)  1  think  that  the  statement  of 
facts  requires,  as  much  as  any  part  of  a  speech,  to  be  adorned 
with  all  the  attractions  and  grace  of  which  it  is  susceptible. 
But  it  makes  a  great  difference  what  the  nature  of  the  case 
which  we  state  is.  117,  In  the  smaller  sort  of  cases,  there- 
fore, such  as  private  ones  in  general  are,  tbe  garb  of  the 
statement  ought  to  be  neat,  and,  as  it  were  dose-fitting ;  there 
should  be  the  greatest  care  with  regard  to  words,  which,  when  we 
eulai^e  upon  the  common  topics  of  morality ,+  are  poured  forth 
with  rapidity,  and  particular  expressions  are  often  lost  in  the( 
profusion  of  language  in  which  they  are  enveloped  ;  but  here 
every  word  ought -to  be  expressive,  and,  as  Zeno{  says, 
tinctured  with  peculiar  siffnijitalion ;  the  style  should  bo  app^ 
reutly  artless,  but  as  agreeable  as  possible  ;  118.  there  should  be 
no  figures  borrowed  from  poetiy,  and  received  on  the  authority 
of  the  ancients  contrary  to  the  simplicity  of  language,  (for  the 
diction  should  be  as  pure  as  possible,)  but  such  only  as  lessen 
tedium  by  variety,  and  relieve  attention  by  change,  so  that  we 
may  not  fall  into  similar  terminations,  similar  phrases,  and 
similar  oonstructioos ;  for  a  statement  has  no  other  attractions, 

■  In  VeiT.  L  80.  i 

;  ZeDo  of  Citium  la  dmibUea  meuit.    That  he  wrote  on  Ungoiig* 
and  composition  appear*  ttaa  Du^.  Laeit  viL  I,  SB,  10,     Sf«U>fif. 


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Sttd  ^mnmLUN.  [kit. 

tn<i,  if  it  be  not  recommonded  hy  sooh  gntc«s,  mast  fail  to 
pleam.  119.  Nor  is  the  judge  in  anjpart  more  atteotiTe;  and 
coneequently  nothing  that  ia  expressed  with  effect  is  lost  upon 
him.  Besides  he  ia  more  inclined,  I  know  not  how,  tn  believe 
what  gratifies  his  ear,  and  is  led  hy  being  pleased  to  beinii 
peisuaded. 

130.  But  when  the  cause  is  of  greater  moment,  it  will  be 
proper  to  speak  of  heinous  orimes  in  a  tone  of  invective,  and 
of  mournful  occurrences  in  one  of  pit; ;  not  that  the  topics  for 
exciting  the  feelings  may  be  exhausted,  but  that  an  outline  of 
them,  as  it  were,  maj  be  presented ;  and  that  it  may  at  once 
appear  what  the  full  picture  of  the  case  will  be.  131.  Nor 
would  I  dissuade  a  speaker  from  reviving  the  strong  feeling  of 
the  judge,  when  exhausted  with  attention,  by  some  remark, 
especially  if  thrown  in  with  brevity ;  such,  for  instance,  as 
tiaa :  The  lervtmtt  of  MUo  did  what  every  one  vouid  have 
muhtd  hit  tenanU  to  do  m  such  eiraanstancet ;  or  occasionally, 
perh^w,  a  little  more  boldly,  as  this  ;*  The  moiher-inrlaiti  mar- 
rUi  her  vm-in-laii),  mthoiU  ayupiees,  wilhaut  any  to  tanction  the 
union.aud  with  the  moet  fatal  oment.  133  As  diis  practice  was 
adopted  even  in  days  when  every  speech  was  composed  rather 
fbr  use  than  for  show,  and  the  judges  were  still  more  aostere. 
how  much  more  aptly  may  it  be  done  now,  when  pleasure  has 
mads  its  way  even  into  trials  for  life  and  fortune  ?  How  far 
ve  ought  to  conform  to  this  taste  of  our  ag^,  1  will  give  my 
opinion  in  another  place.§  Ueantime  I  allow  that  some  con- 
cession is  to  be  made  to  it 

133.  A  probable  representation  of^mrcnmBtancfls  which  appears 
to  conduct  the  audience^'afl  it  Were,  to  a,  view  of  the  case,  has" 
when  subJomeJuTwEatls  realiy  true,  apowerful  effect ;  such, 
for  examplO,  dS  the  deffiSipHon  given  "by  Marcus  CffiliuaJ  of 
Autonius.$    'Theyjl  findhim  sunkin  the  sleep  of  drunkenness, 

•  CSo.  pro  Cloent  o.  5. 

f  Sollui  and  Gesnei  think  th&t  tha  prafu»  to  book  viiL  is  meuit ; 
•1*0  Ttii  S,  6,  ttqj.  Perii^is  wa  ma;  luppoae  an  alliuion  to  zii.  9,  6. 
Bpaiding. 

*  Saa  L  8,  39,  and  TaL  Mar.  Iv,  2  Bom.  7. 

i  I  have  no  donbt  that  thii  wu  tha  CUna  Antonitu  who  wai  tha 
CoUeague  of  Cicero  in  the  oonaulahip,  the  miole  of  Mark  Antony  tlta 
triumvir.  That  he  wu  aooaaed  by  Cseliiu,  whan  a  young  totui,  wa 
know  trma  mao;  writers ;  tee  Cic  pro  CnL  a.  7  and  31.     Rpaiding. 

II  Nanal;  the  aeDtnrinu,  who  bion^t  him  news  of  the  approaoh  o^ 
tha  snemj^. 


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eH.n.]  KDroATioif  of  as  o&atoe.  399 

morwig  milh  the  akoU  force  of  hit  lungt,  and  repeating  erveta- 
turn  an  eruciation,  lehile  thi  mott  dittinguithed  of  Am  femaU 
companima  were  stretched  across  towards  him  from  their  several 
couches,  atid  the  rest  lying  round  in  every  direction ;  134.  who, 
however,  becoming  aware  of  the  approach  of  the  ettemy,  at- 
tempted, half  dead  with  terror,  to  awaken  Antomut;  they  caUed 
him  aloud  by  name  to  iio  purpose ;  they  raited  kit  head ;  ona 
uhi^ered  gentle  sounds  into  his  ear ;  another  struck  him  forcibly 
with  her  hand;  but  when  at  length  he  became  eontetout  of  the  voice 
and  touek  of  eaeh,  he  only  threw  his  armt  round  the  neck  of  her 
that  was  n^  to  him ;  he  could  neither  sleep  after  being  routed, 
iior  keep  awake  from  the  effects  of  drunkenness ;  btU  was  tossed 
about,  ha^  asleep  and  half  awake,  in  the  hands  qfcentwrioTU  and 
harlots.  Tfa&n  this  descriptioii  nothing  could  be  imagined  mora 
probable;  nothing  ofierea  aa  «  greater  sulgect  (A  repnxtcli; 
nothing  exhibited  more  Tiyidlj  (^       oj.     \,t. 

125.  Nor  can  I  omit  to  remark  ho Kinu(ji  credit  the  avihoritji  'w*-^-^^  ' 
of  the  speaker  givea  to  his  stAtement;  ap.  suthprity  which  Sft  "T^Svr  I-* 
ought  "to  "sec  u  re  "chiefly  by  our  general  conduct,  .hut  also  iy.  our  S^'s  iC  u* 

Btyle  of  oralOir;   aini^n   thg   itiom  prrnvB   gpj   aprimia   jt.   ijj,   t.tia     ^j;ti.-  •/( 

Ipore  weiREt'iTmuBt  giysjtajllir  °h'^"'""°      196.  Wemuflt     »^*-t*?'j 
especially  avoid,  therefore,   in    thifl_gart  of  our  speech,  all  (f 

suspicion  "f  ftri'li''*-  ^'or  ntuvhurp  ih  tlip  judge  more  on  his 
pmrd.l  BO  that  notbipg  may  appear  fir.^t.iniis  nr  HtuijiBd,  buj 
that  all  may"fae  thought  to jimaiialelgther  from  the  cause  than 
•  ftflm  the  advocate.  1 27.  But  this  manner  our  modem  pleaders 
cannot  tolerate;  we  think  that  our  art  is  loet  if  it  is  not  seen, 
nbereos  art,  if  it  is  seen,  ceases  to  be  art.  We  doat  upon 
praise,  and  think  it  the  great  object  of  our  labour;  and  tbua 
betray  to  the  judges  what  we  wish  to  display  to  the  by- 
etanders. 

1S8.  There  is  also  a  sort  of  repetition  ot  the  statement, 
which  is  called  by  the  Greeks  i-!ciiii[yri'iii :  a  thing  more  com 
mon  iu  school  declamations  than  in  liie  forum.  It  was  intro- 
duced  with  this  object^that.  as  the  statoment  of  facts  ought  te 
be  brief,  the  case  might  afterwards  be  set  forth  more  fully  and 
with  more  embellishment,  in  order  to  move  indignation  or 
pity.  To  this  raciioe  I  think  that  we  should  have  recourse 
but  seldom,  and  never  so  as  to  repeat  the  whole  order  of 
oiroumstanoes ;  for  we  may  effect  the  same  object  by  recurrina 
to  particulars  here  aud  there.     Let  him,  however,  that  ^im 


D,j„..;uL,Goo^lc 


900  QuniTiLuir.  [B-ir 

detannine  on  Bnch  repetition,  todch  bat  lightly  on  facia  in  hia 
gtatcment.  apd.  coiitentin"g"Bimself  with  relating  irhat  hai  Ssert 
floru!.  promise  to  eipUin  more  fullj  how  it  mu  done  in  tba 

^Mfijtroijer  plane. , . ^ 

y      '     r59.  As  to  IhefeommetUemcnt  of  a  statement  of  facta,- aomg 
\/       think  that  it  ought  to  be'inaJe  Vrtti  reft 


_  r,  iflie  tfl  on  our  side,  we  are  lo  ettnl   pn^,  if  «At«t^ 

fai  09.  to  attack.  This  certainly  ia  a  verj  common  mode  of 
proceeding,  because  on  each  side  there  are  pereons  between 
whom  the  dispute  lies.  ISO.  But  the;  may  sometimea  be 
introduced  wiu  descriptive  circumstances,  when  soch  a  coune 
is  likely  to  be  adrantageons ;  as,*  Aulut  CluitUiut  Habttu*, 
judge*,  mat  the  /other  of  my  client,  a  man  mho  held  the 
kighett  petition,  not  only  in  the  mumdpal  town  of  Lonnum,  t» 
which  he  mu  bom,  biain  aU  that  coaniry  and  neighbourhood, 
for  hi*  merit,  reptUation,  and  rerpeetabtiity  of  birth;  sometimes 
without  them :  as,  when  Quintv*  Ligariut  hod  tet  out,f  etc. 
131.  Sometimes,  howeTCf,  we  may  commence  with  a  fact,  as 
Cicero  in  his  speech  for  Tulliuail  Marau  TvUiia  poasessM  an 
ettaie  inherited  from  hit  father  in  the  territory  of  7'Aurtum ;  or 
as  Demosthenes  j  in  behalf  of  Ctesipbon :  Fojrthe  Phocian 
war  having  broken  out,  etc  133.  An  ^i^  ^lll^/M3^^F  t)ie  stjitfl. 
ment,  it  is  a  matter  of  dispute  with  those  who  think  that  the 
statement  itself  should  be  brought  downto  the  point  where  the 
^(tueBctoii  arises  :  II  as.^  I'heseTKimti  hamfUj  that  happened,  I^b- 
liut  VoUabelia  the  prator  pid>li»hed  an  edict,  at  it  euttomary 
with  regard  to  violence  and  m^i  appearing  m  armt,  without  any 
exception,  only  that  ^butiut  (AtwU  reinttate  Cise^ta  in  the 
place  from  which  he  had  expelled  him.  He  taid  that  he  had 
reimtated  him.  A  turn  of  money  viat  deposited ;  and  it  it  con- 
eemiitg  thit  depotit  that  you  mutt  decide.  This  can  always  be 
done  on  the  side  of  the  proaecutor,  but  not  always  on  that  of 
the  defendant. 

•  Clo.  Pro  Clucnt.  c  o. 
t  Cio.  pro  Ligttr.  o.  1. 

X  A  {mgmeat  of  %  loat  ipecch.    Another  fragment  of  it  ii  BlvaOi  ▼ 
IS,  11.    What  TuUliu  it  wu  U  imoottdn. 
I  Pro  Coron.  p.  2S0,  ed.  Keisk 

tl  Comp.  0.4,  Mot.  3.  ' 

%  Cio.  pr:  Cncin.  e.  8. 


Digilizcdt,  Google 


mnCATlOH  0?  AN  OEATOB. 


CHAPTER  III. 


Of  Sigrauiaat  or  Moninoiia  immediately  oftef  the  Bfatemeat,  !  1 — S. 
Not  alwajB  uaceasonabla,  4 — 9.  Some  prepwation  often  neceesar; 
before  proceeding  to  proof,  9 — II.  Digraeoiaui  tiwy  be  made  In 
ny  part  of  a  Bpeech,  but  those  in  tlie  middle  ehoQld  be  diort, 

I.  In  the  order  of  things  the  eonfirmatitm  follows  the 
Btatemeut;  for  we  must  prove  what  we  stated  only  that  it 
might  be  proved.  Bat  before  I  proceed  to  treat  of  thu  part,  I 
must  make  a  few  obsemttjoiis  on  tbe  opinions  of  certaio 
rhetoricians. 

It  is  the  CQBtom  of  most  speakers,  whea  tbe  order  of  &ctB  is 
set  forth,  to  make  a  digression  to  some  pleasing  and  attractive 
moral  topic,  so  as  to  secure  as  much  &vourable  attention  as 
possible  from  the  audience.  3.  This  practice  had  its  rise  in 
tbe  declamatory  ostentation  of  the  schools,  and  passed  front 
tbence  into  the  forum,  after  causes  b^an  to  be  pleaded  not  to 
benefit  the  parties  going  to  law,  bat  to  enable  the  advocates 
to  make  a  display ;  tnxai  apprehension,  I  suppose,  that  if  the 
Btubbomness  of  argument  suould  immediately  follow  the  dry 
conciseness  of  narrative,  (sucb  as  is  often  necessary,)  and  the 
gratification  of  eloquent  diction  should  be  too  loog  withheld, 
meir  whole  oration  wonld  appear  cold  and  repulsive.  3,  To 
this  custom  there  is  this  objection,  that  tbe  speakers  indulge 
in  it  without  making  due  distinction  of  causes,  and  what  par< 
ticular  causes  require,  but  as  if  such  displays  of  eloqueni^e  were 
always  expedient  or  even  necessary ;  and  in  cousec|uence  tbey 
force  into  their  digression  matters  taken  from  other  parts  to 
wbicb  they  properly  belong  ;  so  that  many  things  must  either 
be  said  over  again,  or,  as  they  have  been  stud  in  a  place  to 
which  they  had  no  right,  cannot  be  stud  in  their  own.  4.  I 
admit,  however,  that  this  sort  of  excursion  may  be  advan- 
tageously introduced,  not  only  after  the  statement  of  the  case, 
but  after  the  different  questions  in  it,  altogether  or  sometimes 
severally,  when  the  subjeot  requires  or  at  least  permits  it ;  and  I 
think  that  a  speech  is  by  such  means  greatly  set  off  and  em- 
bellished;  provided  tliat  the  dissertation  aptly  follows  and 
adheres  to  what  precedes,  and  is  not  forced  in  like  a  wedge, 
separating  what  was  paturally  united.  6.  For  no  part  of  a 
speech  ought  to  bo  more  olosdy  attached  to  any  other  part. 


D,j„..;uL,  Cookie 


109  QDINTILIAS.  [B.IT. 

than  the  proof  is  to  the  statement ;  unless  icdeed  the  di- 
greasion  be  intended  either  as  the  end  of  the  Btatement  or  as 
the  beginning  of  the  proof.  There  will  therefore  sometimes 
be  room  for  it ;  for  inetance,  if  our  statement,  towards  the  con 
clnsioD,  conbuna  something  very  heinous,  we  may  enlarge  upon 
it,  as  if  our  indignation,  like  our  breath,  must  necessaiily  have 
Tent  6.  Thia  however  ought  to  be  done  only  when  the  matter 
does  not  admit  of  doubt ;  else  it  is  of  more  importance  to  make 
your  charge  true  than  atroeious;  because  the  enormity  of  an 
accasation  is  in  favom:  of  the  accused  as  long  as  it  remains 
unproved,  for  belief  in  the  commission  of  a  heinous  crime  is 
extremely  difficult  7.  A  digreSBion  may  aleo  be  made  vrith 
advantage,  if,  for  example,  when  you  have  spoken  of  services 
rendered  to  the  oppoute  party,  yon  proceed  to  inveigh  against 
ingnititade ;  or  it  when  you  have  set  forth  a  variety  of  charges 
in  your  statement,  you  show  how  much  danger  in  consequence 
threatens  yourself.  8.  But  all  these  mtist  be  stifled  briefly ; 
for  the  judge,  when  be  has  learned  the  order  of  the  facts,  is 
impadent  for  the  proof  of  them,  and  desires  aa  soon  as  possible 
to  settle  his  opinion.  Yotf  mttst  be  cautions,  also,  that  your 
exposition  of  the  case  be  not  forgotten,  through  the  attention 
of  the  judge  being  turned  to  something  else,  or  fiiligued  with 

-.       Qselese  delay. 

^^  8.  But  though  such  digression  is  not  always  a  necessary 
sequel  to  a  statement  of  facts,  it  is  yet  frequently  a  useful 
preparation  for  the  consideration  of  the  question  ;  for  instance, 
if  the  case  appears,  at  first  sight,  nnfavourable  to  na  ;  if  we 
have  to  uphold  a  severe  lavf ;  if  we  enforce  penal  inflictions  ; 
as  there  will  then  be  room,  as  it  were,  for  a  second  exordiimi, 
to  prepare  the  judge  for  our  proofs,  or  to  soothe  or  excite  him  ; 
and  this  may  be  done  the  more  freely  and  forcibly  in  this  place, 
as  the  cose  is  already  known  to  him.  10,  With  th^se  lenitives, 
BO  te  speak,  we  may  soften  whatever  is  ofiensively  hard  in  our 
statement,  that  the  ears  of  the  judge  may  the  more  readily 
admit  what  we  may  have  to  say  afterwards,  and  that  be  may 
not  be  averse  to  concede  os  justice  :*  for  judges  are  not  easily 
convinced  of  anything  against  their  will.  11.  On  these  oc- 
casions, however,  the  disposition  of  the  judge  must  also  be 
ascertained,  that  we  may  know  whether  he  is  more  inclined  ta 
*  JV<^KoifrumMi«rHiJ.]  NenobisdntadTenlpropter  jurijirigoram. 


D,j„.„^L,  Cookie 


OH,m.J  EKDOATIOM  O?  AK  OttATOR,  803 

law  or  to  equity ;  for  according  to  his  incliiiatiini  our  repre- 
sentaiions  will  be  more  or  less  necessaiy. 

Tlie  same  subject  may  also  serve  as  a  lund  of  peronitioa 
after  the  question.  12.  This  part  tbe  Greeks  call  the  watix- 
l8an£ :  the  Latins  the  effrettut  or  egrtmo.  But  such  s^ies, 
08  J  remarked/  are  of  several  kinds,  and  may  be  directed  to 
different  subjects  from  any  part  of  the  cause ;  as  etdogiet  oj 
mav  and  placet,  deieriptions  of  CMtntrieg,  rtciiaU  of  oecurrencei 
true  or  Jicliiious.f  13.  Of  which  sort,  in  the  pleadings  of 
Cioero  against  Verrea,  are  tJu  praise»  of  Sicily,  and  ttu  rape  of 
ProterpineiX  in  his  speech  for  Cains  Cornelius,*  the  weU- 
kaotm  c^brtUion  of  the  m^riU  of  Cneita  Pompey,  which  the 
divine  orator,  as  if  the  course  of  his  pleading  had  been  sus- 
pended at  the  very  name  of  the  heroic  leader,  suddenly  toma 
aside  to  pronounce,  breaking  away  from  the  matter  on  which 
he  had  entered. 

U.  As  to  the  definition  of  the  mtfix^cuDc,  it  is,  in  my 
opinion,  adit»ertationonanytvijectreUUingtotheittteTulqftlU 
eatue,  dtgretdng/rom  the  order  o/faeti.  I  do  not  see,  therefor^ 
why  they  assign  it  lo  that  part  of  a  speech,  above  all  others,  which 
immediately  follows  the  statement  of  the  case,  any  more  than 
why  they  think  that  name  belongs  to  a  digreasion  only  when 
something  is  to  be  tlattd  in  it,  as  a  speech  may  swerve  from 
tbe  right  path  in  so  many  ways.  16.  For  whatever  goes 
beyond  those  five  parts  of  a  speech  which  we  have  specified,!) 
is  a  digression,  whether  it  be  an  expression  of  indiffnatioJi,  pity, 
detestation,  reproack,  apology,  eOTieUialicn,  or  rep^  to  invective.^ 
Similarly  digressive  is  everything  that  does  not  lie  within  tbe 
question  ;  all  amplijieation,  exIenwUtott,  and  txatement  of  the 

•  Boot.*. 
+  C.  2,  g  19. 
t  HL  r.  27. 

I  Of  thu  speeeli  only  noma  fragmentB  remaiii,  which  have  been  pre> 
served  with  the  eommeiit«i7  of  Arconiua  PedlnnuB.  "  Cmub  Comelitw,' 
Ufa  Aaconiiu,  "  when  trihnne  uf  the  people,  after  iDCorring  the  dia- 
pleaanre  of  Uie  aeiute  by  the  propoeal  of  csitain  UwB,  nopoaed 
uiothar  law  bj  whioh  no  one  waa  to  be  lelaaaed  &om  l^al  obligSitiotiB 
ezoept  with  the  Huiotjon  of  the  people ;  a  law  intended  to  weaken  tba 
aathority  of  tbe  aemata."    Spdlding. 

H  Bee  Hi  9,  1. 

II  MaitilicloniM  T^ittotio^  SneatnaMwCa  have  no  proper  connexion 
with  the  matter  in  queatiaa.  So  Cio.  pro  Cluant.  o.  2S.  J)o«c— ^atit— 
HOTi  madd  in  crimHii^  ltd  in  nalediai  keo  tit  oijeeltmi.  See  o.  i,  aect. 
27.     "    ■■■ 


D,j„.„_,  Cookie 


t04  nvamuAX.  '  [atr. 

patiiont ;  alE  tfaoM  moral  obserTations  concerning  lu^rur^,  ava- 
riM,  religion,  duty,  which*  conbibute  so  tanch  to  ^e  agreeable- 
tieue  and  <^iament  of  s  speech,  but  which,  however,  aa  the; 
nre  attached  to  cognate  subjects,  and  naturally  cohere  with  them, 
d<i  not  appear  to  be  digressions,  10.  But  there  arc  numbers  of 
-  ramaiks  introdui!«d  into  matters  that  have  no  connexion  with 
them,  remarks  by  which  the  judge  is  exdted,  admonished,  ap- 
peased, intreated,  or  commended.  Instances  of  them  are  innu- 
merable; some  we  cairy  with  ua  ready  prepared ;  some  we  utter 
on  the  spur  of  the  moment,  or  from  necessity ;  if,  for  instance, 
anythii^  extraordinary  occurs  while  we  are  speaking,  as  ao 
interruption,  the  sudden  arrival  of  any  peraon,  or  a  dbturbance. 
IT.  From  such  a  cause  Cicero  was  obliged  to  make  a  digression 
in  his  exordium,  when  he  was  speaking  for  Milo,  as  appears 
from  the  short  speech^  which  he  pronounced  on  the  occasion. 
But  lie  that  prepares  something  to  precede  the  question,  and 
he  that  adds  something  to  his  proofs  as  in  support  of  them, 
may  make  a  somewhat  longer  digression.  He,  however,  who 
makes  a  sally  from  the  middle  of  his  speech,  ought  soon  to 
return  to  the  point  from  which  be  started. 


Of  propodtionB  ^ivpsnttotr  t> 
Sometim«g  ver;  uaeCu^  S, 
remoiti  on  thun,  6 — 9. 

1.  There  are  some  writers  who  place  the  propoiitionX 
after  the  statement  ot  facts,  as  a  division .  of  a  speech  on 
any  matter  for  judgment, §  To  this  notion  I  have  already|| 
replied.  In  my  opinion  the  commencement  of  any  proof  is  a 
propoiilim,  which  may  be  advanced  not  only  in  stating  the 
principal  question,  but  sometimes  even  to  introduce  particular 

*  It  is  to  be  DbBerved  tliat  I  read  m  maximl  oitiB  juamdavi  tl  oma- 
Um  facuuit  oraiiana^  with  Rollln.  Id  Spalding^i  and  nther  texts  tli* 
goo  ]■  omitted. 

f  OroCMMOiId.]  This  wu  Qm  Bpeech  th&t  he  re&Uj  delivered  on 
bdiiJf  of  Milo.  and  which  was  eituit  in  the  tints  of  AHConios  Fedienni, 
having  been  taken  down  on  the  oceadon.  The  more  elaborate  speech, 
which  we  now  have,  wu  nerer  delivered. 

^  "     iii.  9,  6;  11,27. 


D,j„.„_,  Cookie 


CH.IV.]  BDTTCATtON   OF  AN   OBATOK.  SOS 

avgumenta,  especially  thoee  which  are  called  i-mx"e6fii<tra.* 
2.  But  I  shall  now  speak  of  the  formert  kind.  It  is  not 
always  necessary  to  oae  it ;  for  sometimea  what  the  point  in 
questioQ  is,  is  sufficiently  manifest  without  any  proposition 
whatever  ;  for  instance,  if  the  statements  of  facts  euds  where 
the  question  begins ;  so  that  that  which  in  arguments  ia  com- 
monly the  recapitulation, ;[  is  sometimes  immediately  subjoined 
to  the  statement  of  the  case:  These  thinga^  oeeurred.  jitdgu, 
just  as  I  have  related  them ;  the  lier-in-wait  was  cut  off:  violence 
teas  overcome  by  violence ;  or  ralh^  audacity  was  tuhdued  by 
vahur.  8.  But  at  times  it  is  extremely  useful ;  especially 
when  the  fact  cannot  be  denied,  and  the  question  is  about  the 
definition:  as,  in  pleading  for  him  who  took  the  money  of  a 
private  person  from  a  temple,  yon  would  say,  The  amtideration 
is  about  sacrilege ;  it  is  concerning  sacrilege  that  you  have  to 
decide ;  so  that  the  judge  may  understand  that  his  only  duty  is 
to  ascertain  w&ftAer  that  which  is  charged  against  the  aeeuted 
is  sacrilege.  4.  It  ia  abo  of  use  in  causes  timt  are  obscure  or 
complex,  not  only  that  they  may  be  rendered  more  lucid,  but 
also,  occasionally,  that  they  may  be  more  striking.  A  propo- 
sition will  produce  this  effect,  if  there  be  immediately  sub- 
joined to  it  something  that  may  support  our  pleading:  as, 
A  law  has  been  made  e^jn'essly,  that  whatever  foreigner  moiatis 
themaU  is  to  be  punished  lotlA  death;  that  you  are  a  foreigner 
is  certain ;  that  you  mounted  the  wall  there  is  no  doubt ; 
xrhat  remains,  thai^.  but  that  you  undergo  the  penalty?  Foi 
such  a  proposition  enforces  a  confession  from  the  opposite 
party,  and  prevents,  in  a  great  measure,  delay  in  giving  judg- 
ment, not  only  explaiuiug  the  question,  but  supporting  it. 

6.  Propositions  are  single,  double,  or  complex;  a  distinction 
which  results  from  more  than  one  cause ;  for  several  charges 
may  be  combined,  as  when  Socrates  was  accused  of  corrupt 
ing  the  youth  and  introducing  new  superstUiom ;  or  one  cliat^e 
may  be  established  by  several  proofe,  as  when  it  was  alleged 
against  ^schiues  that  he  had  acted  dishonestly  in  his  em- 

•  See  V.  14,  14. 

t  That  which  conceinB  the  prinrapftl  queBtJon,  or  state  of  the  oaoecL 

i  Svimma  eclleeiioJ]  ' A-vam^aXaiaiats.  Pilhirui.  In  French  "rea» 
pitulfttion."     Capperonitr.  • 

I  Cio.  pro  Mil  o.  11. 


D,j,,..;uL,Goo^|i: 


509  QtriifTiLUif.  [b.  it 

bassjr,  beeatut  h*  had  tpok«n  fiUidy;  beeatae  he  had  dime 
nothing  in  eoT^ormitt)  with  the  directiona  given  him ;  beeatue  hs 
hadtarrwd;  became  he  hadacceptedpretenU.  6.  The  defeooe  ms; 
also  contain  eeveral  propositions ;  as,  in  an  action  to  recover  a 
debt  it  maj  be  said,  You  have  no  right  demand  it ;  for  it  vat 
itot  in  your  power  to  become  an  agent  ,'*  nor  had  he,  in  whote 
name  you  act,  a  right  to  have  on  agent ;  nor  are  you  the  heir  o/ 
him  from  mhom  I  am  said  to  have  borrowed ;  nor  teat  lindebted 
to  him.  7.  Such  examples  maybe  multiplied  at  pleasure ;  lut  it  is 
eufBcient  to  have  pointed  out  that  such  is  the  case.  If  these 
allegations  are  stated  singly,  with  proofs  subjoined,  they  are  so 
many  distinct  propositions ;  if  they  are  combined,  they  come 
under  the  head  of  partition. t 

8.  A  proposition  is  sometimes,  also,  entirely  bare,  as  is 
generally  the  case  in  cotgectural  causes  :  /  aeeute  of  murder ; 
I  charge  with  theft ;  sometimes  it  is  accompanied  with  a  reason ; 
as,  Catua  ComeliueX  ftae  been  guilty  of  treason  agatjut  the  dig- 
nity of  the  tribunate ;  for  he  himte^,  when  tr^ntne  of  the  people, 
read  his  own  law  before  the  pubUe  attembly.§  The  proposition 
which  we  bring  forward,  too,  is  eometimes  onr  own  ;  aa,  I  ac- 
cuse this  man  of  adultery ;  aoraetimes  that  of  our  adversaiy ;  as, 
The  charge  agaiTUt  me  u  that  of  adultery ;  sometimes  afEecting 
both  parties ;  as,  The  queition  between  my  opponent  and  me  M, 
which  of  the  two  it  the  nearer  of  kin  to  a  person  who  hat  died  in- 
testate. Sometimes,  moreover,  we  may  couple  opposite  propo- 
sitions ;  as,  I  say  thut,  my  adversary  thus. 

fl.  There  is  a  way  of  speaking  which  has,  at  times,  the  force 
of  a  proposition,  though  it  is  in  reality  not  one ;  when,  after 
having  made  our  statement  of  facta,  we  add.  It  it  upon  these 
pointt  that  you  are  to  decide;  this  being  a  kind  of  admo- 
nition to  the  judge  to  direct  hia  attention  more  earnestly  to 
the  case,  and,  being  roused  as  by  a  touch,  to  observe  that  the 
statement  is  ended  and  the  proof  commenced  ;  so  that,  as  we 

*  Fractiralori  ttU  etn  turn  liaal  ]  He  Uut  waa  in/amid  notaivt  could 
Dot  bs  »  procuralor.     TumebuE. 

f  Partition,  with  Qiiintiliiui,  is  not  properly  ■  portioii  of  the  pleading, 
bat  Bu  appendix  to  ^e  proob,  or  preparation  far  them.  See  die  naii 
liliapter.     Oapptnmier. 

I  C.  3.  Beet,  iB. 

i  CoatniT7  to  the  custom,  which  was,  tlutt  Uie  praat  should  ledta 
tbfl  law,  the  Krifra  supplying  hiio  with  the  words.    IWnciMi 


D,j,,..;uL,  Cookie 


Eiti;CA.TIOM   or  iX  ORATOK. 


enter  upon  the  establiahment  of  our  allegations,  he  may  com- 
mence, as  it  were,  a  new  stage  of  listening. 


CHAPTER  V. 


Pariitiini  of  our  matter  gflnenll;  nufnl,  S  I — 3.    Wben  it  ihonld  b« 

omitted,  4— fl.  EiampleB  from  Cicero,  10—12.  As  to  itatt»  o( 
ooi^ecture  and  qiuUity,  IS^tT.  Artifices  tbtt  may  be  used,  IS — 
21.     Dtilitj  of  partition,  and  the  proper  qualities  of  it^  22 — 28. 

1.  Paetition  is  the  enumeraiion,  according  to  their  order,* 
of  our  own  propositions,  or  those  of  our  adversary,  or  both  ;  an 
enumeration  ^ich  some  think  that  we  should  alwajrs  make, 
because,  by  its  aid,  the  cause  is  rendered  clearer,  and  the  ju^e 
more  observant  and  attentive,  if  be  knows  exactly  on  what  point 
we  are  speaking,  and  on  whai  points  we  intend  to  speak  after- 
wards. 3.  Some,  on  the  other  hand,  think  it  dangerous  to  a 
speaker,  for  two  reasons ;  that  some  things,  on  which  we  promise 
to  speak,  may  escape  our  memory,  and  others,  which  we  may  fiave 
omitted  in  our  specification,  may  occur  to  ua ;  but  nothing  of  this 
kind  can  happen  except  to  one  who  is  utterly  deficient  id  ability ,  or 
one  who  brings  to  his  pleading  nothing  settled  or  premeditated. 
3.  Otherwise,  what  method  is  so  plain  and  clear  as  that  of  a 
proper  division  of  our  matter  ?  for  it  follows  nature  as  a  guide, 
BO  as  to  be  the  greatest  aid  to  the  memory,  to  prevent  us  from 
itraying  from  our  proposed  course  in  speaking.  I  cannot, 
therefore,  agree  with  those  who  think  that  our  partition  should 
not  exceed  three  propositions-  Doubtless,  if  it  be  too  multi-' 
farious,  it  will  escape  the  recollection  of  the  judge,  and 
perplex  his  attention ;  but  it  is  not  to  be  confined,  aa  by  a 
law,  to  this  or  that  number,  when  a  cause  may  possibly  requim 

4.  There  are  other  reasons  why  we  should  not  always  adopt 
a  partition ;  first,  because  most  oWrvations  please  better  when 
they  appear  to  be  conceived  on  the  moment,  and  not  to  be 
brought  from  home,  but  to  spring  from  the  subject  itself  as  we 
are  discussing  it ;  and  hence  the  commou  expressions,  t  had 
abnost  forgotten,  It  had  escaped  me,  Yoa  aptly  renvlnd  me, 
a  utother ;  not 


D,j„..;^L,  Cookie 


SOB  QDIMTILIAIT.  [a  IV 

U6  bj  no  means  ill  received.  If  you  ]a,y  down  joor  coarse  of 
proof  before-band,  all  pleasnre  of  noveltj  in  cut  off  from  the 
sequel  of  your  speecb.  5 .  Sometimes,  too.  the  judge  must  be 
misled,  and  wrought  upon  by  vuioiu  artifices,  tbst  he  may 
suppose  something  else  to  be  intended  than  what  is  really  jur 
object.  A  proposition  is  sometimes  startling,  and  a  judge, 
if  he  sees  it  prematurely,  dreads  it  as  a  patient  dreads  the 
BUi^eon's  instnimeot  before  an  operation  is  performed ;  but  if, 
without  any  proposition  being  advanced  before-band,  our  obser- 
Tations  come  upon  him  when  off  his  guard,'  and  penetrate  his 
mind,  without  any  warning,  when  wrapt  up,  as  it  were,  in 
itself,  they  will  make  him  believe  that  which  he  would  have 
distrusted  if  we  had  advanced  it  at  first.  9.  Occasionally, 
too,  we  should  avoid  not  only  the  distinction  of  questions,  but 
the  mention  of  them  alu^uther ;  the  judge  should  have  his 
feelings  strongly  moved,  and  his  attention  diverted ;  for  to 
instruct  is  not  the  only  duty  of  an  orator ;  the  power  of  elo- 
quence is  best  shovm  in  producing  excitement  But,  to  such 
an  effect,  that  minute  carefulness  in  division,  scrupulously 
separated  into  parts,*  at  a  time  when  we  should  endeavour  lo 
deprive  the  judge  of  the  power  of  deciding  i^ainst  us,  is 
directly  oppo^.  T.  Are  not  arguments,  also,  that  ore  light  and 
woolt  when  detached,  often  of  great  force  iq  a  body  ?  Such 
arguments,  accordingly,  should  rather  be  collected  in  a  mass, 
and  we  should  make  a  sally  with  them,  as  it  were,  upon  the 
judge;  an  expedient  which  should  rarely,  however,  be  adopted, 
and  only  in  case  of  necessity,  when  reasoning  forces  us  to  that 
which  seems  contrary  to  reasoniog.t  8-  lu  addition,  it  is  to 
be  considered  that  there  ^,  in  every  division  of  a  case,  some 
one  point  of  more  importance  than  the  rest,  and  when  the 
judge  has  become  acquainted  with  it,  he  is  apt  to  disdain  other 
poHits  as  requiring  no  notice.  Consequently,  if  more  charges 
than  one  are  to  be  established  or  overthrown,  a  partition  is 
both  advantageous  and  agreeable  ;  in  order  that  what  we  have 
to  say  on  each  head  may  distinctly  be  shown ;  but  if  we  have 

'  Tmvii  Sia  tt  Krupvloti  in  partet  tenia  diviiionji  dUtgaUia.]  Such 
is  the  reading  of  Spalding,  who  observes  that  all  the  mtmuacripta,  and 
all  editions  before  that  of  Badiufi  Asceusius,  hnve  sects,  Ca}'perouier, 
and  most  of  the  later  o.litora,  have  adopted  tala  from  Badius.  Stela 
dUigtnlia  is  an  eipreuion  with  vrhioh  we  can  hnrdl;  fed  content,  bul^ 
n  Spslilin^  uks,  if  ;ou  read  teela,  what  will  you  do  with  ttmtul 

t  Comp.  0.  2,  Beet.  8G. 


D,j,,..;uL,  Cookie. 


CH.  v.]         BDDCATIOK  Or  AH  ORATOR.  309 

to  combat  one  charge  by  various  arguments,  it  is  needlesa 
9.  Thus,  if  you  should  make  such  a  division  as  this,  Tihalt 
ikoie  that  the  acaued,for  mhom  I  pUad,  i»  not  of  tuch  a  charaeUr 
that  he  eon  be  thought  to  have  committed  murder ;  I  skaU  thow 
that  he  had  no  motive  for  committing  murder;  I  ihaU  tkour  that 
at  the  time  the  murder  wa*  committed  Aa  was  beyond  the  tea, 
all  that  you  might  prove  before  that  which  you  place  last,  must 
necessarily  appear  useless ;  1 0.  for  the  judge  is  anxious  to  come 
to  the  strongest  point  of  all ;  and  if  he  is  of  a  patient  temper, 
he  will  silently  hold  tbe  advocate  bound  to  adhere  to  his 
stated  division,  or,  if  he  be  pressed  with  business,  or  be  a  man 
of  some  dignity,  or  of  rflde  manners,  will  call  upon  him,  with 
some  reproackful  remark,  to  adhere  to  it.  11.  Some  have 
been  found,  accordingly,  to  disapprove  of  Cicero's  partition  in 
h~is  speech  for  Cluentius,  where  he  promises,  first  of  all,  that 
k»  mU  ikom  that  no  man  teas  ever  brought  to  judgment  Jot 
greater  crimet,  or  on  stronger  evidence,  than  Oppiani/Mi ;  next, 
that  the  preliminary  inquiriea*  were  conducted  by  thoM  very  judge* 
by  whom  he  woe  condemned ;  lastly,  that  the  judgment  wm  influ- 
enced by  money,  not  on  the  side  of  Cluentius,  but  by  the  opposite 
party;  such  a  division  being  needless,  because,  if  the  third  point 
could  be  proved,  there  was  no  necessity  for  introducing  the 
first  or  second.  13.  On  the  olber  hand,  no  one  will  be  so 
uiyust  or  foolish  as  not  to  admit  that  Cicero  adopted  an  eicel> 
lent  division  in  hia  pleading  for  Mumna:  I  perceive,  judges, 
that  of  the  whole  accusation  there  are  three  heads ;  one  concerned 
with  censure  of  my  client's  morals ;  another  wizh  hit  eompetitUm 
for  honours;  and  a  third  teith  charges  against  him  for  briery; 
for  he'  thus  exhibits  the  cause  with  the  utmost  clearness,  and 
does  not  render  one  head  useless  by  another. 

13.  Most  writers  also  hesitate  respecting  the  following  mode 
of  defence  :  If  I  MHed  the  man,  I  kUled  him  justly;  but 
I  did  not  kill  him  ,-f  for  "  to  what  purpose,"  it  is  asked, 
"is  the  first  proposition,  if  the  second  can  be  proved?  they 
are  at  variance  with  one  another,  and  while  we  advance  both, 
ci'edit  is  given  to  neither."  This  is  indeed  partly  true  ;  aa  we 
ought  to  rest  on  the  second  only,  provided  it  be  incontro- 
vertible.    14.  But  if  we  have  any  apprehension  as  to  (he 

*  iVf^WicKi.]  S«e  book  t.  o.  1  ud  3,  md  Smith's  Diet,  of  Or.  and 
Bon.  Ant.  Art.  Pn^adloinm. 
t  Omf.  ill  6, 10. 


D,j„..;uL,  Cookie 


mo  QDINTILUN.  [B.IT. 

Stronger,  we  may  yery  well  use  the  support  of  both  ;  for  dif- 
ferent judges  are  moved  by  different  ai^mentsj  and  he  who    , 
belie* ea  tliat  the  deed  was  done,  may  think  it  just ;  while  he  who    f 
will  sot  allow  it  to  bo  just,  will  perhaps  feel-  convinced  that  it    i 
was  not  done.     Ad  unerring  hand  may  be  content  with  one 
javelin,  but,  by  an  uncertain  hand,  several  should  be  thrown,  in    i 
order  that   chance  may  have  its  influence.     16.  Cicero,  in 
defending  Milo,    shows   admirably,    in  the  first  place,  th<U    i 
Clodiua  was  a  Uer  in-vait,  and  then  adds,  superabuadantly  as 
it  were,  that  even  if  he  had  not  been  so,  a  citizen  of  such 
a  character  might  have   been    slain   with  great   merit  and 
honour  on  the   part  of  the  slayer.-    16.  Yet  I   would  not 
altogether  condemn  that  order  wluch  I  just  now  mentioned  ;* 
because  some  arguments,  though  bard  in  themselves,  may  yet 
be  of  use  to  soften  others  that  are  to  follow.     The  common 
■ajdng,  that  we  muit  a»k  more  than  what  i$  juxt  m  order 
to  get  what  ujv3t,f   is  not  without  foundation   in  reason. 
IT.  No  one,  however,  is  to  take  it  in  such  a  sense  as  to  suppose 
that  everything  may  be  attempted  ;  for  the  Greeks  very  wisely 
instruct  us  that  what  cannot  be  aecomplultedovght  not  to  be  tried-l 
But  whenever  we  adopt  that  double  mode  of  defence  of  which 
I  am  speaking,  we  ought  to  make  it  our  olyect  to  draw  from 
the  first  bead  confirmation  for  the  second;  for  he  who  might 
even  have  confessed  without  danger,  may  appear  to  have  no 
motive  for  speaking  falsely  when  he  denies. 

IS.  We  must  also  take  good  care,  whenever  we  suspect  that 
the  judge  desires  some  other  proof  thkn  that  which  we  are  ad' 
vancing,  to  promise  that  we  will  fully  and  speedily  afibrd  him 
satisfaction  on  the  point;  especially  if  it  affects  our  client's 
honour.  19.  But  it  frequently  happens  that  a  cause,  in  itself 
far  trom  honourable,  is  supported  by  the  letter  of  the  law ;  and, 
in  this  case,  that  the  judges  may  not  listen  with  unwillingness  or 
disapprobation,  they  must  be  often  reminded  that  Ae  vindica- 
tion of  the  integrity  and  hotiour  of  our  elicit  will  follow  ; 
that  they  have  but  to  wait  a  little,  and  aUow  va  to  proceed 
in  order.  30.  We  may  pretend  also,  occasionally,  to  say 
some  things  against  the  msh  of  our  client,  as  Cicero  does 

•  Sect.  13. 

t  Sm  Enaniiui,  CbiUad.  li.  S,  26,  who  tbinkB  tb«t  ths  sajliig  waa 
origiuollj  uied  of  people  offoring  gixidi  toi  llil«, 
t  DIoB.  Laort.  L  70. 


D,j„..;uL,  Cookie 


CH.T.]  BDDOATIOtr  OF  AN   ORITOR.  3U 

in  hie  speech  for  Cluentius,  ia  regard  to  the  law  respecting 
the  duties  of  judges  ;*  sometimes  we  may  stop,  as  if  we  were 
interrupted' b;  our  client;  sometimes  we  may  ftddross  our 
selves  to  him,  and  entreat  him  to  allow  us  to  take  our 
own  course.  SI.  Thus  we  shall  gradually  make  an  im- 
pression on  the  mind  of  the  judge ;  who,  while  he  tnista  that 
the  honour  of  our  client  is  going  to  he  vindicated,  will  listen 
with  less  reluctance  to  our  more  startling  arguments  ;  and, 
when  he  has  received  some  impression  from  these,  the  main- 
tenau(;e  of  our  client's  honour  will  be  the  easier  for  us.  Thus 
the  two  points  will  support  each  other ;  aud  the  judge,  trusting 
to  our  vindication  of  character,  will  be  more  attentive  to  the 
point  of  law,  and.  the  point  of  law  being  established,  will  be 
more  disposed  to  listen  to  our  vindication  of  character, 

33.  But  though  partition  is  not  always  necessary,  or  even 
advantageous,  yet,  when  it  is  seasonably  adopted,  it  contributes 
great  lucidity  and  agreeableness  to  a  speech ;  for  it  not  only 
causes  what  is  stated  to  become  clearer,  by  drawing  certain 
particulars  out  of  the  crowd,  as  it  were,  and  placing  them  full 
in  the  sight  of  the  judges,  but  relieves  the  attention  by  fixing 
a  definite  termination  to  certain  parts,  as  distances  on  a  road, 
marked  by  inscribed  stoues,  appear  greatly  to  diminish  the 
fatigue  of  travellers.  33.  For  it  is  a  gratification  to  learn  tlie 
measure  of  the  labour  which  we  have  acomplished;  and  to 
know  how  much  remains,  entourages  us  to  proceed  with  greater 
spirit  to  the  conclusion ;  nothing,  indeed,  need  seem  long, 
when  it  is  understood  where  the  end  is.  31.  It  was  not  without 
justice  that  Quintus  Hortensius  gained  great  praise  for  his 
exactness  in  division ;  though  Cicero}  sometimes  gently 
laughs  at  his  partitions  as  being  counted  upon  his  fingers ; 
for,  as  there  is  moderation  requisite  in  gesture,*  so  we  should, 
even  with  greater  reason,  avoid  a  too  precise,  and,  as  it  were, 
jointed,  division  of  our  matter.  35,  Minute  sections,  which, 
instead  of  being  members,  are  hits,  detract  greatly  from  the 

*  This  law,  obnarvea  Oeoner,  respecting  the  bribery  of  jadges,  w>i 
directed  ngaiiiBb  the  aeuators,  and  CluBntius  might  have  defended 
hinuelf  from  the  charge  of  bribery  bjr  saying  that  he  was  Dot  a  senator. 

f  Cic.  Brut  c.  88  ;  pro  Qaintio.  c.  10  ;  Divinat.  in  CceciL  o.  14,  when 
he  aayi  tn«m5m  dritiiUit  eaptrit  (Hoitensius)  et  in  digiii*  tail  lingulai 
paiia  ecattit  amititutrt. 

t  This  touch  on  gesture  is  in  allusion  to  Hortensiua's  counting  m 
hii  fingers,    ^foldaijf. 


D,j„.„_,  Cookie 


8ia  QUUmtUB.  [B.IV. 

weight  of  ft  speech  ;  aud  those  who  are  eager  for  the  praiae  of 
Euch  distiDOtiou,  are  apt,  that  they  may  he  thought  to  hava 
made  nice  and  nnmerous  divisions,  to  introduco  wbit  is  whollj 
superfluous,  and  to  cut  asander  what  is  naturally  anited  ; 
Uiey  make  their  parts,  not  so  much  mors  in  number,  as  Uaa 
in  buUc ;  and,  after  a  thoasand  partitions,  fall  inU>  that  Ter; 
obscurity  agaitiKt  which  partition  was  iovented. 

86.  The  proposition  of  a  cause,  whether  divided  pr  single, 
ought,  whenever  it  can  bo  introduced  with  advantage,  to  be, 
above  all,  plsin  and  clear ;  (for  what  can  be  more  disgraceful 
than  to  m^e  that  tAnntre  which  is  adopted  for  no  other  pur^ 
pose  than  that  other  jtarts  may  not  be  obscure  ?)  and  it  should 
also  be  brief,  and  not  loaded  even  with  a  single  useless  word ; 
for  we  must  remember  that  we  have  not  to  show  what  we  are 
saying,  but  what  we  are  going  to  say.  ST.  We  must  be 
cautious,  too,  that  nothing  may  be  deficient  in  it,  and  nothing 
redundant.  The  most  frequent  cause  of  redundancy  is,  whan 
we  divide  into  species  what  it  would  be  suEBcient  to  divide 
into  genera ;  or  when,  after  mentioning  the  genus,  we  udd 
species  to  it,  as  if  we  should  speak  of  virtue,  jwtiet,  temperance, 
when  justice  and  temperance  are  but  species  of  virtue. 

S8.  The  first  step  in  partition  is,-  to  distinguish  what  is  ad- 
mitted and  what  is  disputed.  Next,  in  r^ord  to  what  b 
admitted,  to  distinguish  what  our  adversary  admits,  and  what 
we  admit ;  and,  in  respect  to  what  is  disputed,  to  specify  what 
our  propositions  are,  and  what  those  of  our  opponent.  But 
what  is  most  culpable,  is,  not  to  treat  of  your  several  points  m 
the  order  in  which  you  b&ve  ansnged  them. 


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rNTRODDOnON.]  KDDCATIOM   Of   US  OSATOB. 


INTRODUCTION, 


1.  Thebb  have  been  autfaois,*  and  sonie,  indeed,  of  high' 
reputation,  who  have  thought  that  the  sole  duty  of  an  orator  is  to 
ittform.f  Excitement  of  the  feelings,  they  considered,  was  to 
be  prohibited,  for  two  reasons ;  first,  because  ail  perturbation 
of  the  mind  is  an  evil  ;t  and,  secondly,  because  it  is  inexcusable 
for  a  judge  to  be  diverted  from  the  truth  by  pity,  anger,  or  any 
similar  passion  ;  and  to  aim  at  pleasing  the  audience,  when  the 
ol^ect  of  speaking  is  to  gain  victoi?,  they  r^arded  not  only  as 
needless  in  a  pleader,  but  scarcely  worthy  even  of  a  man. 
S.  Many,  too,  who  doubtless  did  not  exclude  those  arts  from 
the  department  of  the  orator,  considered,  nevertheless,  that  his 
proper  and  peculiar  oflBce  was  to  establish  his  own  propositions 
and  to  refute  those  of  his  adversary.  8.  Whichsoever  of  these 
opinions  is  right,  (for  I  do  not  here  offer  my  own  judgment,) 
this  book  must  appear,  in  the  estimation  of  both  parties,  ex- 
tremely necessary,  as  the  entire  subject  of  it  is  proof  and 
refutaUon ;  to  which  all  that  has  hitherto  been  said  §  on 
judicial  causes  is  subservient.  4.  For  there  is  no  other  object 
either  in  an  introduction  or  a  narrative  than  to  prepare  thejudgo; 
and  to  know  the  (totetjl  of  causes,  and  to  contemplate  all  tho 
other  matters  of  which  I  have  treated  above,^  would  be  use- 
less, unless  we  proceed  to  proof,  6.  In  fine,  of  the  five  parts** 
into  which  we  have  distinguished  judicial  pleading,  whatever 
other  may  occasionally  be  unnecessary  in  a  cause,  there  cer- 
tainly never  occurs  a  suit  in  which  proof  is  not  required. 
As  to  directions  regarding  it,  I  think  that  I  shall  make  the 

ion  rightly  refer  to  AifatoUe,  BLet.  i.  I,  4.  Spacing, 


+  Sea  iv.  6,  6. 
t  According  to  the  Stoics. 
!  R  iii.  0.  9,  •)« 
!l  See  b.  iii  c  6. 

i  Ha  refers  iwpeciallv,  I  eonaider,  to  the  whole  «(  the  eleventb 
ehepter  of  the  third  book.    Spalding. 
•*  See  iii  9,1;  iv.3.16. 

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Sli  QDINTILUir.  [B.T. 

best  division  of  them,  by  first  showing  what  are  applicable  to 
all  kintf  ■  of  questions,  aud  neit,  by  enlarging  on  wbiat  are  pecu 
liar  to  the  several  sorts  of  caoses.* 


CHAPTER  I. 

IlMitifldal  proob.    doqnsnce  not  incStdoit  in  rsgard  to  then. 

1.  In  the  first  place,  then,  the  division  which  has  been  laid 
down  by  Aristotle  t  has  gained  the  approbation  of  almost  oil 
rbetorirnns ;  namely,  that  there  are  some  proois  which  an 
orator  adapts  that  are  unconnected  tcith  the  art  of  speaking,  and 
others  which  ke  himeelf  extractty  and,  as  it  were,  produces,/h>m 
hie  cmae.  Hence  they  have  called  the  one  sort  an^^ru,  "  in. 
artificial,"  and  the  other  fm^wj,  "  artificial,"  2.  Of  the  former 
kind,  are  precoffnUioni,  pvhlic  reports,  evidence  extracted  by 
torture,  vrritingt,  oaths,  and  the  teatimony  of  viilneitei,  with 
which  the  greater  part  of  forensic  pleadings  are  vrholly  con- 
cemed.  But  though  these  species  of  proof  are  devoid  of  art  in 
themselves,  they  yet  require,  very  frequently,  to  be  supported 
or  overtbiown  with  the  utmost  force  of  eloquence ;  and  those 
writers,  therefore,  appear  to  me  highly  deserving  of  blame,  who 
have  excluded  all  this  kind  of  proofs  from  the  rules  of  art  S.  It 
is  not,  however,  my  intention  to  collect  all  that  is  usually  said 
for  and  Bgsinst  these  points  ;  for  I  do  not  design  to  lay  down 
common  places,  which  would  be  a  task  of  infinite  labour,  bi^t 
merely  to  point  out  a  general  method  and  plan.  The  way 
being  shown,  each  must  exert  his  ability,  not  only  to  follow  it, 
but  to  £Dd  out  similar  courses,  as  the  nature  of  particular 
oases  may  require ;  since  no  one  can  speak  of  all  kinds  of 
causes,  even  among  such  as  have  occurred,  to  say  nochiug  of 
such  as  may  occur. 

*  That   la^    of  jatUoial    canaaa.       Thsre   U  no   reference  hire,    u 
^laldiog  obterVBB,  to  the  dlTiuon  tneDtioned  in  uL  3,  1\  and  iii,  4,  IB. 
t  Bhet  L  1,  2. 


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EDOCAnOM  OP  AN  OiULTOB. 


1.  As  to  precoffTiitiant,  the  whole  matter  of  them  rangei 
itself  under  tliree  heads ;  first,  ea»e»  nhich  have  been  already 
decided  tmder  similaT  ciTcu7Hstanees,  aad  which  may  more 
properly  be  termed  precedents ;  as  about  viilU  of  faSiers  which 
have  been  annulled  or  ratified  in  opposition  to  their  children  ; 
aecandly,  juJffwwiU  relative  to  the  eaute  iUelf,  (from  which 
also  is  derived  the  name,)  such  as  those  which  are  said  to 
liave  been  pronounced  upon  Oppianieut,*  and  those  of  the  senate 
upon  Mile  ,-t  or,  thirdly,  when  seotence  has  already  been  given 
on  the  same  affair,  as  in  the  case  of  persons  that  hare  been 
sent  out  of  the  country.J  of  appeals  in  regard  to  personal 
liberty, §  and  of  divisions  in  the  judgments  of  the  centumviri, 
when  they  have  been  separated  into  twoparties.JI  S.  Precog- 
nitions are  established  chiefly  by  two  things ;  the  avth4yrity  of 
those  who  have  given  judgment,  and  the  rimiUtude  of  the  cases 
in  question ;  as  for  the  annulling  of  them,  it  is  rarely  obtained 
by  reproaching  the  judges,  unless  there  be  a  manifest  error  in 
ihem ;  for  each  of  the  judges  wishes  the  sentence  of  another  to 
stand  firm,  rememheiing  that  he  himself  is  also  to  pronounce  a 
sentence,  and  being  unwilling  to  offer  a  precedent  which  may 
recoil  upon  himself.      3.  The  pleader   must  bare  recouise, 

*  Cicero  pro  Cluent.  e.  17,  tqq.    See  also  It.  &,  11. 

t  Cic  pro  Mil.  o.  6. 

i  Regius  and  Oeener  ybtj  piopeilf  refer  to  INgeet.  zlviiL  32,iit,  di 
interdictit,  et  rdtgaiii  et  deportotu  ;  also  zxiiL  dt  tenlaUiam  jxunt  d 
mtiPutie.    Spaldiug. 

S  Autrtiont  iteinda,']  Wherever  tbooglit  that  he  wai  unjustly  de- 
tained in  alaverj  might  pn>oar«  an  owertor  to  make  application  fbr  hia 
liberty  In-  a  judlc^il  prooeea.  be  bimaelf  being  unable  to  plead  hia  own 
CauBe.  This  was  called  catua  Hbendii.  If  the  atta-tor  wbb  uhiiuoobbs- 
fol  on  the  first  occsBion,  he  might  apply  a  Bscond  and  a  third  time ; 
Comp.  li.  1,  78 ;  but  this  privilege  of  repeating  the  application  wai 
abolished  by  Justinian,  Codio.  vii.  17,  1, 1.     :^nMina. 

I  Parliiiu  ceattmriraliuni,  qua  in  diMU  Aoittai  dimtiK  nmt.]  WiUi 
«MiM«n«ini/tiH»  understand  Gatuarwm.  Haita,  a  apeor,  the  mark  ot 
authoiitf,  ii  here  put  Soi  judicntm,  a  comfenj  of  judges.  See  li.  I,  78. 
Pliny  speaks  of  {uuffntplicui  MBdnanroJia,  Epist.  i.  18,  S ;  tl  S3,  2. 
These  several  diviiioiia  or  /uMta  gave  judgment  on  the  some  muse 


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Si8  qUIKTILIAH.  [B.T. 

therefore,  in  the  first  two  cases,  if  the  nutter  allow,  to  the  dis- 
eovei7  of  some  dissimilaiitj  in  the  oases ;  (and  there  is  scarcely 
one  ezactlj  like  another  in  all  parllcalais ;)  or,  if  that  courao 
be  impossible,  or  the  cause  be  the  some,  some  negligenc«  in 
the  pleadings  must  be  OKposed,  or  ne  must  complain  of  the 
wealuiesB  of  the  partiea  against  wliom  judgment  was  given,  or 
influence  that  corrupted  the  witnesses,  or  of  puhUo  odium,  or 
ignorance  ;  or  we  must  find  something  that  has  since  occurred 
to  affect  the  cause.  4.  If  none  of  these  all^ations  be  possible, 
we  may  observe  that  many  motives  on  trials  have  led  to  unjust 
sentences,  and  that  through  such  influence  EutUMt*  wa*  coh- 
d^rnnsd,  aitd  Clodiu*  and  Catilinef  aequitUd.  The  judges  may 
also  be  solicited  rather  to  ejiamine  the  question  themselves 
than  to  rest  their  iaith  on  the  verdict  of  others.  5.  But 
against  decrees  of  the  senate,  and  the  ordinances  of  princes  or 
magistrates,  there  is  no  remedy,  unless  some  difference,  how- 
ever small,  be  discovered  in  the  cases,  or  some  subsequent  de- 
termination of  the  same  persons,  or  personages  of  the  same 
dignity,  at  variance  with  the  former.  If  nothing  of  the  kind  be 
discoverable,  there  will  be  no  case  for  judgment. 

*  Sm  li.  I,  IS.  PubliuB  Rutjliol  Rnrua  wu  fonnd  gnilty  of  eitor- 
tion,  A.o.0.  082,  in  coDsequenoe  af  a  oonapincy  of  th«  pmbUeam  agunet 
him,  he  having  dsfkndsd  Aii&  from  their  mjiutioa.  His  pn^ert;, 
beiDg  confiBcatad,  wu  found  to  be  too  Bmoll  to  pa;  the  fine  laid  apon 
him,  and,  at  the  aame  time,  to  have  been  obtAiDed  by  the  mort 
hoDoucable  means.  He  went  into  voluntaiy  eiile  at  Mitjlene,  and 
afterwarda  at  Biajma,  where  he  received  the  higheat  honour  from  all 
the  people  of  Aua,  ttad  «m  preeented  with  greater  wealth  than  he 
had  previouily  poueawd.  See  Dion  Casa.  p.  Reim.  11.  He  was  a 
Stoic^  and  papil  of  Pansetiiu,  and  Seneca  freqnently  mcnUoni  him  in 
Bonjuaction  •mth  Soontei  ta  an  example  of  wisdom  and  fortitude  in 
enduring  advereity.  See  Sen.  de  Prov.  c.  8 ;  de  Tranq.  Anim.  o.  IE  ; 
de  Vit.  Boat.  o.  18  ;  de  Bonef.  v.  17,  37 ;  Epist.  24,  67,  79  ;  also  Duker 
ad  Flor,  iiL  17,  8  ;  VelL  Pat.  v.  18.  2.  Emeati  CUv.  Cio.  v,  RutiUua ; 
Bchoeidw  ad  Cio.  Brut  D.  30.     SpaUing. 

+  Cicero  joins  the  aame  thrss  oamPB  together  in  hi>  Bfieech  ngainit 
Piso,  c.  S9.  Sea  rv,  2,  88.  Catiline  waa  accused  of  cooneiion  with  a 
vestal  vii^im  a.u.o.  SBS,  and  of  extortion,  A.n.a.  SSS.  From  the  Gnt 
ciiarge  he  eacaped  by  the  influence  of  Terentia,  the  wife  of  Cicero, 
whoee  airter  BVtbia  ia  said  to  have  been  the  veatol  with  whom  he  wai 
i^ncemed  ;  of  the  aecond  ha  was  acquitted  through  t^  prevaricAtioD 
of  Clo'tfuB  the  ocouaer ;  aea  Cic  in  Fragm.  apud  Aao.  Pedion.  in  OroL 
Ctu.  uonti'a  Anton,  p.  Hi,  ISl.    SjiMing. 


D,„i.2cjt,Gooj^lc 


OH.  IV.]  KDCQATION  Of  AN  ORATOR.  S '.  7 

CHAPTER  III. 

Of  public  report 

ComiON  fame  and  report,  one  party  will  call  the  consent 
of  the  whole  people,  and  a  sort  of  public  evideDce ;  the  other 
'  will  term  it  mere  talk  without  any  certain  authority,  to  which 
'  malignity  has  given  rise,  aad  credulity  augmentation ;  an  evil 
which  maj  aSect  eveiy  man,  even  the  most  iimocent,  through 
the  artifice  of  enemies  epreading  falsehood.  Sxamplee  will  not 
be  nauting  to  support  either  repreaentatjon. 


CHAPTER  IV. 
Of  ivideuM  tzsdwd  by  tor 


1.  The  case  is  similar  with  regard  to  evidence  exacted  by 
torture,  which  ia  a  frequent  subject  of  diacuasion  ;  as  one  side 
will  call  torture  on  infallible  means  for  discovering  truth,  the 
other  will  represent  it  as  a  cause  of  the  utterance  of  falsehood ; 
because  to  some  persons  ability  to  endure  makes  lying  easy,  to 
others  weakness  renders  it  necessary.*  To  what  purpose 
ahonld  I  say  more  on  this  subject?  The  pleadings  of  the 
ancients  and  the  modems  are  alike  full  of  instances,  8.  Yet 
under  this  head  there  will  be  circumstances  peculiar  to  certain 
cases ;  for  if  the  question  be  about  applying  the  torture,  it  will 
make  a  great  difference  who  it  U  that  demands  it,  and  whom  he 
demands  or  offer*  for  it,  and  against  vshom,  and  from  what 
motive;  or,  if  the  torture  has  been  applied,  who  presided  at  it, 
who  it  waa  that  was  tortured,  and  how ;  whether  he  uttered  what 
wag  ineredibU  or  consistent ;  whether  he  persisted  in  hit  first  asser- 
tions, or  made  any  change  in  them  ;  whether  he  confessed  at  the 
commencement  of  the  torture,  or  after  it  had  proceed  for  some 
time ;  questions  which  are  as  numberless  as  the  variety  oA 


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QUINTILIUI. 


Of  die  rebiWioa  of  writtan  taalitnoDj. 

1.  Against  arititigi,  too,  pleaders  have  often  apokeo,  and 
must  often  speak,  as  we  knon  that  it  is  commoD  for  documente 
not  only  to  be  set  aside,  but  to  be  charged  with  being  forged. 
As  there  must,  in  the  latter  case,  be  either  ffuilt  or  iffnorana 
on  the  part  of  those  who  sigued  them,  ignonuice  will  be  the 
safer  and  Ught^r  charge ;  because  the  number  of  those  nliom 
wo  Bctuall;  accuse  will  be  smaller,  i.  But  the  whole  of 
such  a  proceeding*  must  rest  on.  ai^uments  drawn  from  the 
particular  case ;  if,  for  example,  it  is  difficult  to  prove,  or  even 
incredible,  that  what  the  writing  states  occurred;  or  if  (as 
more  frequeutl;  happens)  it  maj  be  overthrown  by  proofs 
equally  inartificial ;  if  he  t«  whose  pr^udice  the  deed  was 
sigaed,  or  any  one  of  those  who  signed  It,  can  be  said  to  have 
been  absent  at  the  time,  or  to  have  died  before  it;  if  dates 
disagree ;  or  if  anything  that  occurred  before  or  afler  is  at 
variance  with  what  is  written.  Even  a  mere  infection  is 
ofteo  sufficient  tu  discover  forgery. 


CHAPTER  VI. 


On  oBering  to  take  hh  OBth,  uid  raoeiving  that  of  the  oppoaita  putf, 
S  1,  £•  ArgumsDta  od  the  mbjeot,  8—  B.  Judgment  of  the  expe- 
rienced respecting  it,  S. 

1 .  As  to  an  oath,  parties  going  to  law  either  offer  their  own, 
or  refuse  to  receive  that  of  their  adversary  when  offered  ;  or 
they  require  one  from  him,  or  reftise  to  take  one  when  required 
from  themselves.  For  a  person  to  offer  to  take  an  oath  himself, 
without  allowing  his  opponent  to  take  his,  is  commonly  a  sign 
of  bad  faith.  2.  He,  however,  who  shall  do  so,  must  either 
shelter  himself  under  such  purity  of  moral  conduct  as  to  make 
it  incredible  that  he  will  commit  perjury,  or  under  the  influ- 
ence of  religion ;  (in  regard  to  which  he  will  gain  more  credit 
if  he  act  in  such  B  manner  as  not  to  appear  to  come  forward 
*  Boe  iptun.]  By  these  words  he  meuu  oihm  r^dleiidi  tt  aeemnmdi 
UAuiat  nrgotmn.     Spalding. 


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OH.VlJ  EDUCATION   07  AS   OBAT08.  819 

with  eageraeas  to  take  his  oatli,  BldA  yet  not  to  shrink  Irom 
taking  it ;)  or  on  the  amail  importance  or  the  cause,  should 
such  be  its  nature,  for  the  sake  of  which  he  ivould  hftidly  incur 
the  divine  displeasure ;  or  if,  in  addition  to  other  means  of 
gaiuing  his  cause,  he  offers  his  oath,  superabundantlf,  as  it 
were,  as  the  testimony  of  a  pure  conscience. 

3.  He  who  shall  be  unwiiliug  to  receive  the  oath  of  bis 
adTereary,  will  allege  the  inequality  of  the  terms,  and  remark 
that  the  fear  of  taking  an  oath  is  lightly  regarded  by  many,  as 
even  philosophers  have  bees  found  to  deny  that  the  gods  pay 
any  attention  to  human  affairs ;  and  that  he  who  is  ready  to 
swear  without  any  one  putting  him  to  his  oath,  is  disposed  to 
give  sentence  himself  in  his  own  cause,  and  to  show  how  light 
and  easy  a  thing  he  considers  the  obhgation  by  which  he  ofl'ers 
to  bind  himself.  1.  But  he  who  offers  to  accept  his  adver- 
sary's oath,  besides  appearing  to  act  with  moderation,  as  he 
makes  his  opponeat  the  arbiter  of  the  cause,  relieves  the  judgo 
also,  to  whom  the  decision  belongs,  from  a  heavy  responsibility, 
since  he  would  certainly  rest  rather  on  another  man's  oath  than 
on  his  own.t  6.  Hence  {he  refusal  to  take  oath  becomes  the  more 
difhcult,  unless  the  a&ir  in  question  liappens  to  be  such  that  it 
cannot  be  supposed  to  be  known  to  the  party.  If  this  excuse 
he  wanting,  there  will  be  but  one  course  left  for  him,  which  is 
to  say  that  odium  is  sought  to  be  excited  against  him  by  his 
opponent,  whose  object  is  to  make  it  appear  that  he  has 
ground  for  complaint  in  a  cause  in  which  he  cannot  obtain  vic- 
tory ;  'and,  accordingly,  though  a  dishonest  man  would  havs 
eagerly  availed  himself  of  such  a  proposal,  he  himself  would 
raUier  prove  what  he  asserts  than  leave  it  doubtful  iu  the  mind 
of  any  ime  whether  he  were  guilty  of  peijury. 

6.  But.  in  my  younger  days,  men  who  had  grown  old  in 
pleading  used  to  lay  it  down  as  a  rule  that  we  thoiild  never  give 
our  opponeat  the  option  of  taking  his  oath ;  as  also  that  he 
should  never  be  allowed  the  choice  of  a  judge  ;{  and  that  a  judge 

*  If  he  himself  in  at  tba  pains  of  brinziiig  forward  maDjnrgumenta. 
and  proofs,  and  the  other  party  is  eicuaed  from  doing  im7thiiig  mora 
than  t«kiQg  his  oath.    Spalding, 

+  For  the  judges  took  ui  oath  to  give  just  juiTgmeDt,  and  whatevsr 
eeutenre  they  pri>aDunced  was  pronounced  on  their  oath.     Spa/dine. 

I  In  the  appoiotinent  of  the  judges  by  lol^  we  ought  not  to  yield  tc 
the  wish  Mid  option  of  our  advenary ;  uol  iu  choosing  an  iirbitar  iu  k 
oue.    Tvm^tu. 

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820  QOINTILlAir,  IB,  T 

should  not  be  taken  bvin'  the  couoselbre*  of  the  opposite 
putj ;  rince,  if  it  wu  thought  disbonoiireble  in  an  advocate 
to  speak  against  his  client,  it  ^onld  assuredl;  be  conaiderod 
more  dishonourable  to  do  anything  that  would  iigure  him. 


CHAPTER  VII. 


Written  eridaDca ;  hoir  to  b«  rafuted,  j  1,  2.    Model  of  prooaeding 
withrea&rd  to  witneaaMthatappearm  penoD.  S-6.  Aji  iDtimkts 


knowie^  of  tbo  came  uteetarj,  T,  8.  How  Tolnntaiy  w 
ikoiild  l»  produced,  6 — II.  Caution  reqnlnte  in  reipect  to  tlum, 
18 — 14.  Haw  a  pleader  most  act  with  ngard  to  a  witneaa  whom 
be  know!  to  be  adverse  or  fiiTOiirmble  to  the  accused,  16 — Ifl. 
How  be  moat  act  in  regaid  to  one  whose  diapoaition  he  does  not 
know,  30,  81.  Of  the  interrogation  of  wibiessea,  22— 33.  Of  the 
collision  between  written  and  oral  teatinon/.Jia— U.  Of  aaper' 
nttaral  teatimoDj,  SS — 87. 

I.  Thb  greatest  efforts  of  pleaders,  however,  are  employed 
about  mideiuse.  Evidence  is  given  either  io  tenting,  or  by  wiu 
ne»te»  pretent  m  court.  The  opposition  to  vrritings  is  the  more 
simple ;  for  shame  may  seem  to  have  had  less  preventire  power 
in  the  presence  of  only  a  few  witnesses.t  and  absence  may  be 
unfavourably  represented  as  intimating  self- distrust  If  the 
character  of  the  writer  is  open  to  no  reflection,  wo  may  per- 
haps throw  some  discredit  on  that  of  the  witnesses  to  it. 
2.  Besides,  a  secret  feeling  is  entertained  unfavourable  to  all 
who  offer  evidence  in  writing,  as  no  man  gives  it  in  that  way 
unless  of  his  own  free-wiI14  and  thus  shows  that  he  is  no 
friend  to  the  party  against  whom  he  deposes.  Yet  a  pleader 
on  the  opposite  side  should  not  be  ready  to  admit  that  a  friend 
may  not  speak  truth  on  behalf  of  a  friend,  or  an  enemy  against 

•  Ex  advocalii.)  By  this  word  we  are  not  to  underrtsnd  pleaders, 
but  thoee  persona  wham  AsconiuB,  In  Divinationem,  p.  20,  mentions  as 
attending  their  frieuda  on  triala,  either  to  astdat  them  in  legal  diffi- 
culties, or  to  support  them  by  their  preaence  and  conntenanoch 
Spaldiiig. 

+  Lesa  than  It  would  have  in  on  open  court  where  testimony  ia 
given  orally. 

}  Other  witneowa  were  anmmoned,  and  obliged  to  give  evidence  at 
k  oertaln  time ;  those  who  gave  ibmr  taaUinonj  in  writing  gave  it 
toluDlarily.     IWfuiiM. 


t.Goo^k 


CH.  ^(1.1  EDnCATION   OF  AS  ORATOR.  331 

an  enemy,  if  the  credit  of  either  be  unimpenched.  But  the 
subject,  ill  both  its  bearings,  furnishea  much  mnttei'  for  con- 
Bid  eration. 

3.  With  witnoases  who  are  pretent  there  may  be  great  con- 
teation,  and  we  accordiDgly  engage,  whether  against  them  or 
'for  thorn,  with  the  double  force  of  regular  speeches*  and  inter- 
rectories.  4.  In  regular  ipeechee,  we  commonly  offer  obser- 
Tatious,  flrat  of  all,  fur  and  against  witnesses  in  general.  This 
is  a  common  topic  for  argumeut ;  oi.e  side  maintaining  that 
there  is  no  evidence  stronger  than  that  which  rests  on  human 
knowledge,  and  the  other,  to  detract  from  the  credit  of  such 
knowledge,  enumerating  every  cause  by  which  testimony  is 
rendered  false.  6.  The  nent  step  is.  when  pleaders  make  special 
attacks,  though  on  bodies  of  men  ;  for  we  know  that  the  testi- 
monies of  whole  nations  have  been  invalidated  by  orators,  as 
well  as  whole  classes  ot  evidence ;  as  in  the  case  of  hear>say 
witnesses,  for  pleaders  maintain  that  they  are  not  in  reality  wit- 
nesses, but  mere  reporters  of  the  words  of  unsworn  individuals ; 
and  in  cases  of  extortion,  those  who  swear  that  they  have  paid 
money  to  the  accused,  are  to  be  regarded  as  jiarties  in  the 
proseoution,  not  as  witnesses.  6.  Sometimes  a  pleader's  re- 
marks are  directed  against  individual  witnesses ;  a  kind  of 
attack  which  we  find  in  many  pleadings,  sometimes  combined 
with  a  defence,  and  sometimes  given  separately,  as  that  of  Cicero 
on  the  witness  Vatinius.t 

T.  Let  me  therefore  consider  the  whole  subject,  aa  I  have  taken 
upon  mytielf  to  attempt  the  entire  education  of  an  orator: 
otherwise,  the  two  boohs  composed  on  this  head  by  Domitins 
AferJ  would  have  been  sufficient,  a  rhetorician  whom  I  at- 
tended ivith  great  respect  when  he  was  old  and  I  was  young. 
■o  that  the  contents  of  his  books  were  net  only  read  by  me, 
but  learned  from  his  own  mouth.  He  very  justly  makes  it  a 
rule  that  it  is  the  great  business  of  an  orator,  in  regard  to  this 
part  of  bis  cause,  to  gain  a  thorough  knowledge  of  the  whole  of 
it ;  but  it  is  a  rule  to  be  observed  in  regard  to  every  pan. 

*  Atlioium.l  Compara  net  S,  when  onOio  ptrpttita  a  uied  u 
•qmvalent  to  aetio.    Spalding. 

t  He  had  nvan  evidence  snlnRt  Pnbliiu  9eitiuB  when  defended  bj 
CicmY),  who,  EpUt  ad  Lentulum  i  9,  snd  ad  Q.  Fratr.  i\  i,  ob«Tvei 
that  he  attrcked  him  with  grot  TehemenM  on  tliat  Dccaiion.  fiat  the 
•peecli  ii  extant     Qaatr. 

S  See  I  C,  U. 

T 

D,j„..;uL,Coo^|i: 


6.  How  this  knowledge  may  be  sttained.  I  shall  ihow  ivhen  I 
ftrrive  at  the  part  of  1117  work  destined  for  that  subject.*  Such 
knowledge  wUl  suggest  matter  for  questions,  aiid  supply,  as  it 
were,  weapons  to  Uie  hand ;  and  it  will  also  show  us  for  what 
(be  miud  of  the  judge  should  be  prepared  by  our  speech ;  as  it 
is  by  a  r^ular  address  that  the  credit  of  witnesses  should  be 
either  established  or  overthrown  ;  since  eveiy  judge  is  affected 
by  testimony  just  as  he  has  been  previously  influenced  to 
believe  or  di)<believe  it. 

Q.  Since,  then,  there  are  two  sorts  of  witnesses,  those  who 
appear  voluntarily,  and  those  whom  the  judge  commonly  sum- 
mons on  pubUc  trial  according  to  law,  (of  the  first  of  which 
kinds  either  party  may  avail  Uiemselves,  while  the  latter  ia 
conceded  only  to  accusers  )  let  us  distinguish  the  duty  of  the 
pleader  who  produces  witnesses  &om  lliat  of  bim  who  refutes 
their  teatimuny. 

10.  He  that  produces  a  voluntary  witness,  may  know  what 
be  has  tt)  say,  and  consequently  appears  to  have  ihe  easier 
tnsk  in  examining  him.  But  even  this  undertaking  requires 
I'enetratiun  and  watchfulness ;  and  we  must  be  cautious  that 
ilie  witness  may  not  appear  timid,  or  inconsistent,  or  foolish ; 
11.  for  witnesses  are  confused,  or  caught  in  snares,  by  the  aii- 
vocates  on  the  opposite  side,  and,  when  they  are  once  caught, 
they  do  more  barm  than  they  would  have  done  service  if  tbey 
had  been  firm  and  resolute.  They  should  therefore  be  weU 
exercised  before  they  are  brought  into  court,  and  tried 
with  various  interrogatories,  such  as  are  likely  to  be  put 
by  an  advocate  on  the  other  side.  By  this  means  they  will 
either  lie  consistent  in  their  statements,  or,  if  they  stumble  at 
all,  will  be  set  upon  their  feet  again,  as  it  were,  by  some  op- 
portune question  from  him  by  whom  they  were  brought  forward. 
13.  But  even  in  regard  to  those  who  are  consistent  in  their 
evidence,  we  mmt  be  on  our  guard  against  treachery ;  for  they 
are  often  thrown  in  our  way  by  the  opposite  party,  and,  after 
promising  everything  favourable,  give  answers  of  a  contrary 
character,  and  have  the  more  weight  against  us  when  they  do 
not  refute  what  is  to  our  prejudice,  but  confess  the  truth  of  it 
13.  We  must  inquire,  therefore,  what  motives  they  appear 
to  have  for  declaring  against  our  adversary ;  nor  is  it  sufficient 
to  know  that  they  wer«  hie  enemies ;  we  must  ascertain 
•  B.xu.a.1. 


D,j„..;uL,  Cookie 


Cfl.  VILJ  EIH;CA.T101f  OF  AH  OBATOR,  8:^3 

whether  they  have  ceased  to  be  ao ;  i^hetber  they  ma.j  not 
seek  reconciliation  with  hini  at  our  expense  ;  whether  they 
have  been  bribed  ;  or  whether  they  may  not  have  changed  their 
purpose  from  penitential  feeling* ;  precautions,  not  only  necos- 
Bary  in  regard  to  witnesses  who  know  that  nhich  they  intend 
to  say  13  true,  but  far  more  aeceasary  in  respect  to  tboee  who 
promise  to  say  what  is  false.*  14.  For  they  are  more  likely  to 
repeut,  and  their  promises  are  more  to  be  suspected ;  and  even 
if  they  keep  to  their  word,  it  is  much  more  easy  to  refute  them. 
15,  Of  witnesses  who  are  summoned  to  give  evidence,  some 
are  willing  to  hurt  the  accused  party,  and  some  unwilling; 
and  the  accuser  sometimes  knows  their  inclination,  and  is  some- 
times ignorant  of  it.  Let  us  suppose  for  the  moment  that  he 
knows  it ;  yet,  in  either  case,  there  is  need  of  the  greatest 
circumspection  on  the  part  of  him  who  examines  them.  16.  If 
he  find  the  witness  disposed  to  pr^udice  the  accused,  he  ought 
to  take  the  utmost  care  that  his  disposition  may  not  show 
itself;  and  he  should  not  qneation  him  at  once  on  the 
point  lor  decision,  but  proceed  to  it  circuitously,  so  that 
what  the  examiner  chiefly  wants  him  to  say,  may  appear  to 
be  wrung  from  him.  Nor  should  he  press  him  with  too  many 
interrc^atories,  lest  the  witness,  by  implying  freely  to  every- 
thing,  should  inyalidate  his  own  credit ;  but  he  should  draw 
from  him  only  so  much  as  it  may  seem  reasonable  to  elicit 
from  one  witness.  17.  But  in  the  case  of  one  who  will  not 
speak  the  truth  unless  against  his  will,  the  great  happiness  in 
an  examiner  is,  to  extort  from  him  what  he  does  not  wish  U 
say  ;  and  this  cannot  be  done  otherwise  than  by  qnestions  thai 
seem  wide  of  tbe  matter  in  hand ;  for  to  these  he  will  give 
such  answers  as  he  thinks  will  not  hurt  hb  party ;  and  then, 
from  various  particulars  which  he  may  confess,  he  will  he  re- 
duced u>  the  inability  of  denying  what  he  does  sot  wish  to 
acknowledge.  lU.  For  as,  in  a  set  speech,  we  commonly  col- 
lect detached  aivuments,  which,  taken  singly,  seem  to  bear 
but  Ughtly  on  t£e  accused,  but  by  the  combination  of  which 

■  Rollin  friifaM  Quintilian  to  b«  tbongbt  guiltlen  of  talersting,  or 
nthar  reoommeuding,  disbuneti^  and  fraud,  T«femng  ua  to  sect.  8'2  of 
tiuH  chspter.  But  I  fe>r  Ukst  Rollin  bait  no  juat  ground  for  what  he 
wf  B  1  D.r  in  ftll  tliat  Qiiintiliui  hsre  renuu-kn  about  witnesiea,  (bbb  e^>*- 
ciallf  Hcb  26,)  there  are  uot  iriauj  indioatioiu  of  a  deiire  to  adlwm  tt 
ttrict  probit;.    SfoU^fig. 

T  a 

D,j„..;uL,  Cookie 


M4  QUINTfMAW,  [a  T. 

ire  succeed  ia  proTiog  the  charge,  so  a  witness  of  this  kind 
must  be  questionud  on  many  pointa  regarding  antecedent  and 
subsequent  circumstances.andcoDcemiijg  places,  times,  persona, 
and  other  subjects ;  so  tbat  he  may  be  brought  to  gite  some 
answer ;  iifter  wbicb  he  must  either  acknowledge  what  we  wish, 
or  contradict  what  be  himself  has  said.  19.  If  we  do  not  suc- 
ceed in  that  object,  it  will  then  be  manifest  that  he  is  unwilling 
to  speak ;  and  he  must  be  led  on  to  other  matters,  that  he  maj 
be  caught  tripping,  if  possible,  on  some  point,  though  it  bo 
unconnei^ted  with  the  cause ;  he  may  also  be  detained  an  ex- 
traordinary time,  that  by  saying  everything,  and  more  than  the. 
cose  requires,  in  favour  of  the  accused,  he  may  make  himself 
suspected  by  the  judge ;  and  he  will  thus  do  no  less  damage 
to  the  accused  ttun  if  be  had  stated  the  trut^  against  him. 
SO.  But  if  (as  we  supposed  in  the  second  place)  the  accuser 
be  ignorant  of  the  witness's  disposition,  he  must  sound  his 
inclination  cautiously,  interrogating  him.  as  we  say,  step  by 
step,  and  leading  him  gradually  to  the  answer  which  is  neces- 
sary to  be  elicit^  from  him.  SI.  But  as  there  is  sometimes 
such  art  in  witnesses,  that  they  answer  at  first  according  to  an 
examiner's  wish,  io  order  to  gain  greater  credit  when  they 
afterwards  speak  in  a  different  way,  it  is  wise  in  an  orator  to 
dismiss  a  suspected  witness  before  he  does  any  harm. 

22,  For  advocates  that  appear  on  behalf  of  defendants,  the 
examination  of  witnesses  is  in  one  respect  mon  eaiy,  and  in 
another  more  difficult,  than  for  those  who  are  on  the  side  of  the 
prosecutor.  It  is  mort  diffiotUt  on  this  account,  that  they  can 
seldom  or  ever  know,  before  the  trial,  what  the  witness  is  going 
to  say ;  and  it  ia  more  eauy,  inasmuch  as  they  know,  when  he 
comes  to  be  questioned,  what  he  has  said.  S3.  Under  the  un- 
certainty, therefore,  which  there  is  in  the  matter,  great  caution 
and  inquisition  is  necessary,  to  ascertain  what  sort  of  character 
be  is  that  prosecutes  the  defendant;  what  feeling  he  enter- 
tains gainst  him ;  and  from  what  motived :  and  all  such 
matters  are  to  be  exposed  and  set  aside  in  our  pleading, 
whether  we  would  have  the  witnesses  appear  to  have  been  insti- 
gated by  hatred,  or  by  envy,  or  by  desire  of  favour,  or  by  money. 
If  the  opposite  party,  too.  produce  but  few  witnesses,  we  may 
reflect  on  their  smail  number;  if  they  are  extraordinarily 
numerous,  we  may  insinuate  that  they  are  in  eongpiracy;  if 
they  are  of  humble  rank,  we  may  speak  with  contempt  of  tbeir 


..Cookie 


Ca.TIt.]  KDt'CATIOIT  OF  AH   OBATVK.  33S 

tMannet* ;  if  persoua  of  consequence,  we  may  deprecate  their 
injiueitce.  34.  It  will  be  of  most  effect,  however,  to  eipoee 
the  motiTes  on  which  the  nitnesses  speak  against  the  defen- 
dant, which  may  be  various,  according  to  the  nature  of  causes 
sud  the  parties  engaged  in  them  ;  for  to  such  representations 
as  I  have  just  mentioned,  the  opposiie  party  cau  anitwer  uiih 
common-place  arguments  ;  as,  wb^n  tlie  witnesses  are  few  and 
humble,  the  prosecutor  can  boast  of  bis  simple  honesty,  in 
having  sought  for  none  but  such  as  were  acquainlad  with  the 
case  in  hand ;  while  to  commend  a  large  number,  or  persons  of 
consideration,  is  a  somewhat  easier  tasii.  '^6.  But  occasionally, 
as  we  have  to  commend  witnesses,  so  we  have  to  deciy  them, 
whether  their  testimony  be  read  in  our  pleading,  or  they  be 
summoned  to  give  it  personally.*  Such  attempts  were  mora 
Msy  and  frequent  in  the  times  t  when  the  witnesses  were  oot 
examined  after  the  pleading  was  ended.  As  to  what  we  should 
i^y  against  the  witnesses  respectively,  it  can  only  be  drawn 
from  their  individual  charactei'S. 

Stt.  The  manner  of  questioning  witnesses  J  leiTiains  to  be 
considered.  In  this  part  of  our  duty,  the  principal  point  is  to 
know  the  witness  well ;  foi'ifheis  timid,  he  may  be  mghtened ; 
if  foolish,  misled;  if  irascible,  provoked;  if  vain,  flattered;  if 
prolii,  drawn  from  the  point.  If,  on  the  contrary,  a  witness  is 
sensible  and  self-possessed,  he  may  be  hastily  disiniased,  as  ma- 
licious and  obstinate ;  or  he  may  be  confuted,  not  with  formal 
questioning,  but  with  a  short  address  from  the  defendant's  advo- 
cate; or  he  may  be  put  out  of  countenance,  if  opportunity  ofEer, 
by  a  jest ;  or,  if  anything  can  be  said  against  his  moral  charac- 
ter, his  credit  may  be  overthrown  by  infamous  chaises.  S7.  It 
has  been  advantageous,  on  certun  occasions,  not  to  press  too 


to  recttalii  eoiiim  (afimotttM ;  but  Tor  >uch  iuterpratalJoD  there  ii  .  . 
authority.  Spnliliiig  thinks  that  we  should  read  mU  rtdlatu  in  aeliont 
tatatimiibut,  aul  mtnuaalU  Irtribiu. 

t  What  times  thoM  wrr«,  it  is  not  euj  to  aay.  That  iritneBBn 
were  eiunined  in  the  *ge  of  Cicere,  either  before  or  during  the  pleid- 
ingB,  is  not  appareDt  eitiier  froni  bii  speecbea  or  from  the  teitunouj 
of  »iiy  other  writers.     Sp<Udiag. 

i  Un  the  ude  of  the  def^daot.  '  Quintilisn  hss  already  made  num; 
olwerrationB  coDcerDing  the  examination  of  witoeaaes,  but  with  r 
Id  the  tide  of  the  pi  "    "'  - 


D,j,,..;uL,Coo^lc 


sac  Quumu&H.  [av. 

KTsrelj  on  men  of  probitr  and  modesty ;  (or  tboae  wbo  would 
have  fought  against  a  determiued  asaailant  are  softeoed  b^ 
gen  do  treatment. 

Ever;  queetiou  is  either  about  some  point  within  the  causo 
or  on  eome  point  without  it.  On  matters  within  the  cause, 
the  advocate  of  the  accused,  as  we  also  directed  the  acouser,* 
may  frequentlj,  bv  putting  questions  B  little  widely,  and  on 
subject:^  from  which  uo  suspicion  will  arise,  and  b;  comparing 
previous  wiih  subseqnent  answere.  reduce  witnesses  to  such  & 
dilemma  as  l«  extort  from  them  against  their  will  what  may 
be  of  service  to  his  own  cause.  QS.  On  this  point  there  ia 
certaiuly  no  inBtructirn  or  exercise  given  in  the  schools  ;  and 
excellence  in  it  depends  rather  on  natural  acuteness,  or  expe- 
rience, than  anytlung  else.  If  an;  model,  however,  ought 
to  be  pointed  out  for  imitation,  the  only  one  that  J  can  recom- 
mend is  that  which  may  be  drawn  from  the  dialogues  of  the 
Socratic  philosophers,  and  especially  Plato,  in  which  the  ques- 
tions are  so  artful,  that,  though  the  respondent  answers 
correctly  to  most  of  them,  the  matter  is  nevertheless  brought  to 
theconijusionwhicb  the  questioner  wishes  to  establish.  99.  For- 
tune sometimes  favours  us,  by  cau^ng  something  to  be  said  by 
a  witness  that  is  inconsistent  with  the  rest  of  his  evidence ; 
and  sometimes  (as  more  frequently  happens)  she  makes  one 
witness  say  what  is  at  variance  with  the  evidence  of  another  ; 
but  an  ingenious  mode  of  interrogation  will  often  lead  metao- 
dioally  to  that  which  is  so  frequently  the  eSect  of  chance. 

30.  On  matters  uithout  tli«  came,  also,  many  serviceable 
questions  are  often  put  to  a  nitness ;  as  concerning  the  character 
of  other  witnesses  ;  concerning  his  own  ;  whether  anything  dis- 
bonoundile  or  mean  can  be  laid  to  the  charge  of  any  of  them  ; 
whether  they  have  any  friendship  with  the  prosecutor,  or 
enmity  egainst  the  defendant ;  in  replying  to  which  they  aie 
likely  to  say  something  of  which  we  may  take  advantage,  or 
may  be  convicted  of  falsehood  or  malevolence  31.  But  nil 
questioning  ought  to  be  extremely  circumspect,  because  a  wit- 
ness often  utters  smart  repartees  in  answer  to  the  advocates, 
and  is  thus  r^arded  with  a  highly  favourable  feeling  by  the 
audience  in  general.  Questions  should  be  put,  too,  as  far  na 
possible,  in  ftmiliar  Isnguoge,  that  the  person  under  exami- 
tiation.  who  ia  veiy  freqiently  illiterate,  may  clearly  ^nde^ 
*  8w4  17,  IB. 


L,  Google 


CH.  VII.]  EDDCATIOH  OF  AN  ORATOR.  337 

Btaud.or  at  least  may  not  pretend  tbat  bedoes  Dot  underat&nd; 

ai)  artifice  which  throws  no  amall  damp  oa  the  spirit  of  the 

Ai.  As  to  those  di^raceM  practices  of  sending  a  suborned 
witness  to  sit  on  the  benches  of  the  opposite  party,  that  in 
being  called  ironi  thence  he  maj  do  him  the  more  dHmage. 
either  by  speaking  directlv  against  the  person  on  wliose  side 
fae  had  placed  himself,  or  by  assuming,  after  having  appeared 
to  benefit  hira  by  his  evidence,  aire  of  impudence  and  folly,  by 
which  hB  not  only  discredits  his  own  testimony,  but  detracts 
fmin  the  weight  of  that  ofothers  who  may  have  been  of  service; 
1  mention  tliem,  not  that  they  may  be  adopted,  but  that  they 
may  be  shunned. 

There  is  frequently  a  collision  between  written  attestations 
on  the  one  side  and  the  witnesses  who  appear  in  person  on  the 
other;  and  this  furnishes  matter  of  debate  for  both  parties ; 
the  one  resting  their  ai'gumems  on  the  oaths  of  the  witnesses, 
and  the  other  on  the  unanimity  of  those  who  signed  the  depo- 
sitions. 83.  There  ia  often  a  question,  loo,  between  the  wit- 
nesses and  the  arguments ;  it  being  argueii,  on  the  one  side, 
tliat  there  is  in  the  witnesses  knowledge  of  facts  and  regard 
for  <heir  oathi.  and  in  the  arguments  nothing  but  mere 
subtlety ;  on  the  other  side,  that  witnesses  are  procured  by 
fkvour,  fear,  money,  malice,  hatred,  friendship,  or  solicitation, 
while  arguments  are  drawn  from  the  nature  of  the  subject ; 
that  in  hearing  witnesses  the  ju<%e  trusts  to  himself,  in  listen- 
ing to  arguments,  to  another.  34.  Such  questions  are  common 
Ui  numbers  of  causes  ;  they  bave  always  been,  and  always  will 
be.  subjects  for  violent  discussion. 

Sometimes  there  are  witnesses  on  both  sides,  and  the  ques 
tion  arises,  with  regard  to  themselves,  Which  of  them  are  tht 
moit  respectable .'  with  regard  to  the  cause,  Which  of  them 
have  given  the  most  credibU  evidence  f  and,  with  regard  to  the 
litigating  parties.  Which  may  have  had  nioat  influence  over  the 


36.  To  these  kinds  of  evidence,  if  any  one  wishes  to  add  what 
Bi6  called  supernatural  testimonies,  from  responses,  oracles, 
and  omens,  let  him  be  reminded  that  there  are  two  modes  "f 
treating  them,  the  one  gtneral,  iu  respect  to  which  there  is  an 
eternsl  dispute  between  the  Stoics  end  Epicureans,  vhether  ik* 
vorld  i»  governed  bg  a  divine  providence ;   the  other  lyecial.  in 


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reference  to*  certnin  ponsf  of  Bupenutural  ATidence,  as  tbeij 
liappen  Bevarallv  to  alTect  tbe  queetioa.  30.  For  the  credit  of 
&r<u:let  may  be  eBt&blished  or  ovenhrown  iu  one  nftj,  and  that 
of  tootktagen,  au^n,  divinen,  find  tutrologeTt,  in  tinother,  an 
the  nature  of  the  thingB  themBelves  is  entirely  different. 

In  supporting  or  demolishing  such  circumstancea  in  a  causa 
the  voice  of  the  pleader  has  much  to  do;  as  if,  for  instance, 
exproBBiona  have  been  uttered  under  the  effects  of  mne,  or  ia 
Bleep,  or  in  madneBs,  or  if  information  has  been  caught  irom 
the  mouth  of  children  ■,%  for  in  regard  to  all  Buch  indindnals, 
one  party  will  saj  that  they  do  not  feign,  and  the  other  that 
they  mean  nothing. 

97.  The  mode  of  proof  by  witnesses  may  not  only  be  offoi-ed 
with  great  effect,  but  nmy  also  be  greatly  missed  where  it  is 
not  produced  :  You  gave  me  the  monei/ :  alio  counied  it  f 
ttliere?  tchenee  did  he  come  f  You  aeeute  me  e^ poisoning:  uiktre 
did  I  buy  the  poison  f  from  whom  ?  for  how  much  .'  bi/  whofe 
agency  did  I  adnttttiiter  tt .'  aho  had  any  huheiedge  of  the  deedf 
Almost  all  these  points  Cicero  discusses  iu  kis  speech  for 
Cluentius  under  a  charge  of  poisonii^. 

Such  are  the  remarks  which  I  have  ventured  to  offer,  aa 
"briefly  as  I  could,  concerning  inart^ci4d  proofs. 


CHAPTER  VIII. 

Artiflcial  pro^  too  mush  neglected,  |  1 — S.    Than  are  certain  pu> 
ticulars  conunoD  to  iJl  kind*  of  proofa^  4—7. 

I    The  other  sort  of  proofs,  which  come  wholly  under  the  ' 

head  of  art,  and  consist  in  matters  adapted  to  produce  belief, 
is.  for  the  most  part,  either  altogether  neglected,  or  very 
lightly  touched  upon  by  those  rhetoriciaos  who,  avoiding  ai^- 

*  All  the  teita  bsve  ooMro,  but  we  ought  vTidently  to  read,  u 
Spalding  obnrTca,  circa. 

f  Aa  whan  wa  inquiry  for  eumple,  vhetber  n  koowledgs  of  tbe       t 
future  cut  be  obtained  1^  inspectdng  thu  entrails  of  victinu,  or  not,       f    I 


duejiiuK,  Jlc    Spalding, 


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CH.TiII.j  BSOOATION  OF  AN    ORATOR.  339 

menta,  as  repulsive  and  rugged,  repose  themselves  in  mora 
agreeable  spots,  and,  (like  tSose  who  are  said  b;  the  poets,  on 
being  charmed  with  the  taste  of  a  certain  herb  among  the 
Loiopbagi,  or  with  the  song  of  the  Sirens,  to  have  preferred 
pleasure  to  securit;.)  while  pursuing  an  emptj  semblance  of 
glurv,  fail  to  obtain  that  success  for  which  eloquence  is 
exerted. 

3  But  other  efforts  of  oratory,  which  ran  through  the 
continued  course  of  a  speech,  are  designed  as  aids  or  embellish- 
nienta  to  the  arguments  of  a  cause,  and  add  to  those  sinews, 
b;  which  it  is  strengthened,  the  appearance  of  a  body,  as  it 
were,  superinduced  upon  them  ;  so  that  if  anything  is  said  to 
have  been  done,  perchance,  through  anger,  or  fear,  or  covet- 
nusiiess,  we  can  expatiate  somewhat  fiiUy  on  the  nature  of  those 
passions ;  and,  in  similar  accessory  parts,  we  praise,  blame, 
exaggerate,  eitenuate,  describe,  deter,  complain,  console,  ei- 
liort.  3.  Such  oratorical  efforts  may  be  of  great  service 
ill  ti'eating  matters  which  are  certain,  or  of  which  we  speak 
as  being  certain ;  and  I  would  not  deny  that  there  is 
some  advantage  in  pleasing,  and  very  much  in  exciting 
the  feelings ;  but  pleasure  and  excitement  have  the  most 
effect  \^hen  the  judge  thinks  that  he  has  acquired  a  full 
Imowledge  of  the  cause ;  knowledge  which  we  cannot  convey 
to  him  but  by  arguments  and  by  every  other  means  in  support 

of  &Ct8. 

4.  But  before  I  distinguish  thedifferent  sorts  of  artificial  proofs,^ 
I  think  it  necessary  to  intimate  .that  there  are  certain  qualities 
common  to  all  kinds  of  proof.  For  there  ia  do  queetioc  which  . 
does  not  relate  either  to  a  thing  or  to  a  person  ;  nor  can  there 
be  any  grounds  for  ailment,  except  respecting  matters  that 
affect  things  or  persons ;  and  these  matters  are  either. to  be 
considered  by  themselves  or  referred  to  something  else:  5.  nor 
can  there  be  any  proof  except  from  tbiniy  consequent  or  oppo- 
«»te,»  which  we  must  seek  eitlier  in  ilie  time  that  urecgtfeJ  the 


D,j,,..;uL,Coo^lc 


S30  QOINTILIAir.  J^B.T 

I  alleged  fact,  in  the  time  at  which  it  took  place,  or  in  the  time 
1  that  folloned  it ;  nor  can  anything  be  proved  but  fiom  soma 
\other  thing,  which  must  either  be  greater  or  Jess  than  it,  or 
equal  to  it.  6.  As  for  arguments,  they  arise  either  from  general 
q«sstioa».  which  may  be  cousidered  in  themselves,  apart  from 
from  any  conuexiou  with  things  or  pirsoiis.  or  from  Ike  cause 
iti«lf,  when  anything  ia  found  in  it  not  derived  from  common 
reasoning."  but  peculiar  to  that  point  on  which  the  decision  ia 
to  be  pronounced.  Ofnlj  i;f)P'''"ttitHifli  '""''etiTPr,  ""Wfl  ""i 
neceisary,  aoiue ^obahTe^some  7Uit  aapouihls. 
•  TT  Of  all  pnx)fs.  too,  there  are  four  forma.  Because  one 
thiug  ia,  auother  is  not :  aa.  It  ia  day,  therefore  it  it  not  night; 
becaose  there  ia  one  thing,  there  is  also  auolher :  as,.  The  gvn 
it  above  the  earth,  there/ore  it  is  day ;  becauae  one  thing  ia  not, 
another  ia  :  as,  ft  u  not  ni^ht,  therefore  it  ii  day ;  because  oue 
thing  is  not,  another  ia  not :  aa.  He  it  not  a  rational  being, 
therefore  he  i»  not  a  man.  Having  promised  these  general  re- 
marke,  I  shall  proceed  to  particutan. 


CHAPTER  TX. 


DiffBrenM  oTsigna,  indicatioag,  or  circnmatButlal  aridenoc^  from  proob, 
j  1,  2.  Of  conduaive  signi  or  itidicHtioDa,  3 — T.  locoDcloaiTs 
tigoa  are  of  weight  whea  Bup)xirt«d  by  others,  S — 11.  Of  mere 
(ppsaranoes,  12— H.     Of  proguoatiea,  15,  It).     -- ^  _,  f^j- 

] .  All  artificial  proof,  then,  depends  on  indicatums,  or  argu^ 
n\enta,  or  examples.  I  am  aware  that  indications  are  thought 
by  many  t  a  species  of  ar^mente  ;  and  I  had,  in  conaequeoce, 
two  motives  for  distinguishing  them  :  the  first,  tliat  indications 
generally,  almost  always,  belong  to  inartificial  proofs ;  for 
a  blood-gtaiaed  ffarment.  a  shriek,  a  livid  tpot,  and  similar  par- 
ticulars,  are  circumstances  of  the  same  nature  as  leritiiige. 
reports,  and  depositions;  they  ore  not  invenied  by  the  orator, 
but  communicated  to  him  with  the  cause  itself:  2.  the  second. 

10,  3,  T.  ti,  1,  SIS ;  (kQ<I  he  appefira  to  make  it  aufficiently  erident  that 
he  iatanded  to  include  antetxdmlia  in  conieifiiaUia,  (see  >.  ID,  76,)  ai 
Kegim  himB«lf  indeed  thought  likely  to  be  the  oa         "     ■  ■■ 

■  Sot  from  naaoniDg  oomnioD  to  all  MUi 

t  Cicero  Topic  0.  *,  12. 


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CB.IX.J  )il)Ui;Al'l<>K    OP  AS   ORATOE.  331 

(hat  neither  can  indieatiom,  if  thej  are  certain,  be  ai^umeou, 
because,  where  there  are  certain  iiidieaiions,  there  is  no  ques- 
tion, and  there  con  be  no  roora  for  argument  except  upon  a 
controverted  point;  nor,  if  they  are  uncertain,  can  the;  bo 
ailments,  but  have  tbemaelvee  need  of  ailments. 

S.  All  artificial  p»o&.  then,  aa  I  say,*  are  distinguished, 
first  of  all,  into  two  kinds,  one  in  which  the  conclusion  is 
neeessani.  the  other  in  which  it  is  not  Tieoetsan.  The 
former  are  those  which  cannot  be  otbenrise,  and  whieh  the 
Greeks  call  rtyiieia.  or  aXwni  Wj/tiRt ;  these  scarcely  seem 
to  me  to  come  under  the  rules  of  art ;  for  when  there 
is  an  irrefutable  indication,  there  can  be  no  ground  for  dis- 

Eiut«.  4.  This  happens  whenever  a  thing  must  be.  or  must-  - 
lave  been  ;  or  cannot  be,  or  cannot  have  been  ;  and  this  being 
stated  in  a  cause,  there  can  be  no  contention  about  the  point. 
S.  This  kind  of  proofs  is  considered  with  reference  tn  all  times, 
past,  present,  and  future ;  for  that  she  Kko  has  had  a  child  J  / 
vaut  have  lain  with  a  man  regards  the  past ;  that  there  mvit  be  '  ' 
navel  vhen  a  ttrong  v)ind  ka*  JaUen  on  the  tea.  concerns  the 
present ;  and  that  he  whose  heart  u  vtmnded  must  die.  relates 
to  the  future. t  In  like  manner  it  is  impossible  titat  there  can 
be  harvest  inhere  there  hat  been  no  sowing ;  that  a  person  can  he 
at  Rome  when  he  it  at  Athene  ;  or  that  he  who  if  vithout  a  tear 
can  have  been  woanded  with  a  tword.  6  Some  have  the  same 
force  when  reversed ;  as.  a  man  who  breathes  mast  he  alive,  and 
A  man  who  is  alive  mvst  breathe  ;  but  others  are  not  reversible; 
for  it  does  not  follow  that,  because  he  u-ho  malks  mmt  move. 
tiierefon  he  who  moves  muil  walk.  7.  It  is  consequently  possible 
that  the  who  hai  not  had  a  child  may  have  had  ecmnexion  with 
a  man ;  that  where  there  are  wave*,  there  may  yet  be  no  wind  on 
the  sea ;  that  the  heart  oj  him  who  dies  may  not  have  been 
KOUTided  :  and.  in  like  manner,  that  tiiere  may  have  been  sowing, 
when  there  was  Tto  liarvest ;  that  he  who  was  not  at  Athene,  may 
not  have  been  at  Rome ;  and  that  he  who  ia  marked  with  a  scar 
Play  not  have  been  wounded  with  a  sword. 

•  Sact.  2. 

t  Tbe  reader  may  think  it  ■  whimmcsl  olMervSition,  but  I  caliiiot 
help  thinking  tbat  the  lira  aramplti  here  broaght  are  >tiong  evi- 
deDOBS,  or,  to  speak  in  our  muthor'a  tenns,  preaumptiong  [liffoa,  "  indv 
cationa"]  of  the  anliquitj/  of  the  guiipel  hiBtor; ;  iinleei  we  sapposi^ 
Ofintmry  to  iH  credibiiitj,  that  Quiotilian  atumbled  upon  t).eni  by 
ohiiDoe  We  iiere  eer  tie  faits  of  our  Snvioura  birth,  hie  minioUJi 
■ad  bia  reBurreution.  aUackiU  in  cha  atrongeat  manner.     Out/trit. 

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339  QDINTILLUt.  fuT. 

8.  The  other  sort  of  indicattODS  are  those  from  which  there 
is  no  absclutelf  nectuary  conclusion,  and  which  the  Greeks 
call  ilxtm:  these,  though  they  are  not  aufficieat  of  themsehei 
to  remove  all  doubt,  jet,  when  they  are  combined  with  otbera, 
are  of  great  weight. 

9.  That  from  which  something  else  is  inferred,  aa  from 
bhod  is  suspected  murder,  the  Greeks  term,  as  I  said,  gtf/iiht, 
tiiat  JH.  laqnum.  "  a  sign  : "  though  some  of  our  writers  have 

'  used  the  word  indicium,  "  an  indication,"  and  others  vesti- 
gium, "  a  trace."  Biit  as  the  blood  that  stained  a  garment 
may  have  proceeded  from  a  sacrifice  or  may  have  flowijd 
from  the  noae,  it  does  not  necessarily  folbw  that  he  who  has 
a  blood-stained  garment  has  oomniitled  a  murder.  10.  Yet, 
though  it  is  not  a  sufficient  proof  of  itself,  still,  when 
combined  with  other  circum stances,  it  cannot  but  be  regarded 
aa  evidence  ;  tu  if  the  man  with  the  bhod-ttained  garment 
wa*  the  enemy  of  kim  who  voi  kilUd ;  if  he  had  previotigly 
threatened  his  life ;  if  he  wa*  in  the  »ame  place  with  kim ;  to 
\rbich  circumstances  when  some  presumptive  proof  i?  added, 
it  makes  what  was  suspected  appeal'  certain.  11.  i.SiOng  such 
.indications,  however,  tliere  are  some  which  either  side  may  in- 
terpret in  its  own  way,  as  livid  ipoti,  and  ncdlimg  of  the  body ; 
for  they  may  seem  to  be  the  effects  either  of  poison  or  intem- 
perance, and  a  wound  in  the  breati,  from  which  people  may 
argue  that  he  in  whom  it  is  found  has  perished  either  by  his 
own  hand  or  by  tliat  of  another.  The  strength  of  such  indi- 
cations is  proportioned  to  the  support  which  they  receive  from 
other  circumstances. 

la.  Of  indi(»tiune,  which  are  presumptions  indeed,  but 
from  which  no  necessary  conclusion  follows,  Hermagoras  thinks 
the  following  an  example :  Atalanta  it  not  a  virgin,  becatue  she 
itroUt  through  the  woods  with  young  men.  If  we  admit  such  a 
circumstance  aa  a  presumption,  I  fear  that  we  shall  make 
everything  that  has  any  reference  to  a  fact  ft  presumption. 
Such  cii-cumstances  are  however  treated  by  rhetoricians  as  pre- 
sumptive proofe.  13.  Nor  do  the  Areopagites,  when  they  con- 
demned a  boj  to  death  for  picking  out  the  eyes  of  quails,* 
appear  to  have  had  any  other  thoi^ht  than  that  such  an  act  was 

•  This  story  I  hsTB  not  aean  mentioned  Blaewhere.  The  boy  might 
hate  bred  the  quuls  fur  the  gnme  c&Ued  oHygocepia,  which  wu  mucli 

Kictiaeil  suioug  the  Greeks,  nud  concerDiDg  which  0«aDer  i-efen  to 
Uiuunuuiast.  viL  130,  ix.  108.    Seaiding. 


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CH.IX.]  EDDCATIOM  OF   AB   ORATOR.  33S 

ibe  indication  of  a  cruel  diBpositioD,  likelj-  to  do  mlscDtef  to 
many  if  he  should  be  allowed  to  reach  maturity.  Hence  also 
the  [Mpularity  of  Spurius  Mieliua  and  Marcus  Manlius  •nas  re- 
garded as  Bu  indication  that  they  were  aspiring  to  Bovereigntj. 
14.  But  1  am  afraid  that  this  mode  of  reasoning  would  cany 
us  too  far;  fur  if  a  woman's  bathing  with  men  is  a  sign' that 
she  is  an  adulteress,  it  will  be  a  sign  of  the  aame  nature  if  she 
takes  her  meals  with  yonng  men,  or  if  she  eajoye  the  intimate 
friendship  of  any  man  ;  as  a  person  might  perh«)s  call  a  depi- 
lated skin,  a  sauntering  walk,  and  a  delicate  dress,  signs  of 
elfemiuacj  and  unmanliness,  if  he  thinks  that  they  proceed 
from  corrupt  morals,  as  blood  flows  from  a  wound  ;  a  sign  being 
properly  that  which,  proceeding  from  a  matter  about  which 
there  is  a  question,  falls  under  our  own  observation.  15.  Those 
appearances,  also,  which,  as  they  ere  constantly  noticed,  are 
vulgarly  called  signs,  such  as  prognostics  of  the  weather,  Th* 
golden  moon  m  red  from  the  approach  of  wind,  and  The  mU- 
chievma  croip  ealU  for  rain  vfUh  a  load  voice,'  may,  if  they 
have  their  causes  from  the  state  of  the  atmosphere,  receive 
that  appellation  ;  16.  for  if  the  moon  is  red  from  the  influence 
of  wind,  iU  redness  is  a  sign  of  wind ;  and  if,  as  the  same 
poet  infers,  a  condensed  or  rarefied  atmosphere  gives  rise  to  a 
chattering  of  birds.f  we  shall  consider  such  chattering  also  a 
sign.  Wo  may  likewise  observe  that  small  things  are  some- 
times signs  of  great,  as  this  very  chattering  of  the  crow;  that 
greater  things  are  signs  of  less,  nobody  wonders. 


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CHAPTEE  X. 

Of  tha  dlffei-ent  namM  givea  to  argiunenti  imoog  tlia  Oreobi  uid 
IaUdb,  §  1 — 8.  YiriauB  aifpifieation*  of  the  von)  ■rgumea^ 
9-^11.  la  Rvery  cuua  there  muit  be  w>methmE  th&t  does  not 
require  proof,  12—14.  Of  credlbilitiea,  IS — 19.  Of  wurces  from 
which  nrgumenta  are  drawn,  SO — 22.  Fi\>m  the  ohanuiter  of 
individuals,  33  -31.  EVini  circumrtaoce*,  u  motiTBs,  pUce, 
time,  manner,  32 — (R.  Opportuniliea  and  means,  *9 — 62.  Argu- 
ments from  definition,  S3 — 61.  Semarks  on  Ciosn's  method; 
argument  and  definition  nsaisted  b;  division,  62 — TO.  Argumeata 
from  commencement,  increase,  and  event,  71,  Ji.  Trma  diaei- 
militude,  oppasitian,  coneequentialitf,  73 — TS.  From  ouwea  and 
ofiects,  85— 8B.  From  compariBon,  88 — 88,  Too  manj  sub- 
diviaionB  under  thia  head,  00—94.  Argumei-tB  from  HUpposition, 
OG — 99.  Precepta  not  to  ba  followed  too  superstitiooal; ;  ex- 
amples. 100—108.  Ad  orator  must  take  care  what  be  propoeea 
to  be  proved  ;  an  eiample,  lOB— 118.  Utility  ot  rilea,  119—121. 
Ni!cesiit7  and  advantagee  of  study  and  praiAice,  122 — 12B. 

1.  I  NOW  proceed  to  apeak  q{  arguments ;  for  under  this  term 
we  include  ul  tbat  tlie  Gre«ks  calljt^q/iara,  iriy.ug^jtMcra, 
and  iiTttfe''S"ti  of  which,  though  there  irBSme^iSereiic*  in  the 
names,  yet  the  meaning  is  near);  tue  same.  The  word  enthy- 
meina,  (which  we  translate,  indeed,  as  we  cannot  render  it 
otherwise,  by  commentum  or  eommentatio,  but  we  had  better 
use  the  Greek  word  itself,)  has  three  meanings ;  one,  which 
signifies  everything  that  is  conceived  in  the  naind  ;  (but  with 
thb  meaning  we  have  now  no  concern ;}  another,  which  signi- 
fies  a  proposition  with  a  reason  ^  3.  a  third,  which  signifies  a 
ooncluaion  of  an  argument,  deduced  from  consequenla  or  oppo- 
sites;*  although  with  regard  to  this  sense  authoin  di^r ;  lor" 
some  call  a  conclusion  from  consequenta  an  evKh^renm.;  but 
more  *ill  be  found  of  opinion  that  a  conclusion  from  oppositeij 
^^fj  ahmild  hB  ppllej  an_entftviwemeT"^cnience  CornificJM 
^  gives  it  the  appellation  coTtlrariWT  37  Some  have  called  it  a 
rhet/tTKOl  syUoyism.  others  an  imperfect  syllogism,  because  it 
is  not  comprised  in  distinct  parts,  or  in  the  same  number  ol 
parts,  as  the  regular  syllogism,  such  eiactnesa,  indeed,  not 
being  required  in  the  orator, 

4.  ValginaJ  calls  the  epicheirema  aggremo,    "attempt" 
■  See  0.  e,  aact.  S. 


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OU.  X.J         EDDCATIOH  OP  AH  ORATOR.  935 

Celsus  thinks  that  it  is  not  oiir  management  of  the  subject,* 
but  the  subject  itself  which  we  attempt,  (that  is,  the  argiiment 
hy  which  we  propose  to  prove  anything,  sud  which,  though  not 
jet  set  forth  in  words,  is  full;  conceived  in  the  mind.)  that  ia 
called  an  epichdrema.  6.  Others  are  of  opinion  thnt  it  b  not 
an  intended  or  imperfect  proof,  but  a  complete  one,  proceeding 
even  to  the  lest  species.f  that  ought  to  receive  this  appelW 
tion  1  and  hence  its  proper  acceptation,  and  that  which  is  most 
in  use,  is  that  in  which  it  is  understood  to  be  a  certain  com- 
prehension of  a  thought  which  consists  at  least  of  three  parts4 
n.  Some  have  called  an  epicheirema  a  r«ajon.§  Cicero, ||  more 
happily,  a  reasoning ;  although  he  seems  to  have  taken  that 
name  rather  from  the  syllogism  than  from  anything  else ;  for 
he  r^lls  thg  ff"tHii  riHettiittimtlj  n  "  mlin^'iTintnryMjate."  and 
give$.g2aFQplea  from  the  philosophers  ;  auiTT  afl  tbM^  is  some 
Mffliiity  hpiwpprrfTiB'aYllfigJ'ini  and  tljp  "pv'hfirema,  he  may  be 
thought  In  havj^^opted  uiat  term  judiciousljj.^ 

7."  As  to  die  a-xadu^it.  it  is  Airgvidt'iCTproof ;  and  hence  th&^ 
term  y^a/i/uxat  drtiii^nt,  "  linear  demonstration  a,"  among 
geometers.  Cncilius  thinks  that  it  differs  from  the  epichei- 
rema only  in  the  manner  of  its  conclusion,  and  that  so  itri- 
isi^ii  is  an  imperfect  epicheirema,  for  the  same  reason  tor 
whi<^  we  said  an  enthjmeme  differs  from  a  syllogism ;  for 
an  enthjmeme  is  a  part  of  a  syllogism.  Some  think  that  the 
apodeixis  is  included  in  the  epicheirema,  and  is  the  part  of  it 
which  contains  the  proof.  8.  But  authors,  however  different 
in  other  respects,  concur  in  defining  both  of  them  so  far  simi- 
larly, as  .to  say  that  the  reasoning  in  them  is  from  that  which 
is  certain  in  order  l«  give  confirmalJon  to  that  which  is  doubu 
ful ;  a  quality  which  ia  common  to  all  arguments,  for  what  is 
certain  is  never  deduced  from  what  is  uncertain.    To  all  these 


1  '^»p^"^"^j'^'^  'jith  rjfjTj  Qi  to  ii  18, 

t  b;  tuiminuiratio  j»  to  b«  Qndentood 
,     -  -         *  *  Spaiding. 

+  UUimomt  neeten.J  Compare  ecct,  56 ;  viL  1,  23.  Porphyry  K^yi 
Spalding,  called  it  ri  liiiimTaTim  iliuj.  The  more  comrooQ  »ppel)»- 
tion,  obaerreB  Capperonier,  is  rpeda  infima. 

i  The  major,  minor,  and  concluaiou.     See  Cic  Da  luv.  L  34,  and  e. 
14  of  thu  book,  acct.  S — G,  where  it  ia  shown  how  the  EpicbHirema  it 
tDlAa  to  conBiKt  of  fiv«  puis. 
S  Who  gave  it  IJiia  luuna,  we  cauoot  now  diaoovei     Sf<iUm^ 


D,g,l.2cdb,  Google 


330  QinKTtLIAK.  [r  T 

fomiH  of  argument  the  Greeks  give  the  general  name  a!  vltrtii, 
which  we  might  b;  a  litem)  interpreution  render  ^i^.  "faith;' 
but  we  ahall  make  the  sense  of  it  clearer  if  we  isW  it  proof. 

9.  But  the  word  argum^ut  hits  itself  also  several  signiti- 
oatioDB ;  for  the  aubjecta  of  plaje,*  composed  for  acting;  on  the 
■tf^e,  are  called  ar^ni0nt« ,-  Asconiua  Pedianus,  in  explaining 
the  topics  of  the  orations  of  Cicero,  Bays  TItt  armament  U  this  .- 
Cicerot  himself,  in  writing  to  Brutus,  says,  "  Fearing  lest  I 
Hhould  bring  frum  thence  any  evil  upon  my  Cato,  though  the 
arijament  was  far  from  similar."  etc  :  whence  it  appears  that 
eierysubjeiit  for  writing  is  so  culled.  10.  Nor  is  this  wonderful, 
when  the  word  is  common  even  among  artisans ;{  Virgil  j  also 
ya&argumentumingent,  "a  great  argument;" and  a  workof  anv 
considerable  number  of  heads  is  vulgarly  called  aripanetiUmtm, 
"  argumentative.'*  But  we  have  now  to  apeak  of  that  sense  of 
the  word  argument,  which  includes  proof,  indication.  credihUitv. 
aqaretnon,  which  urn  all  iiw<  mi  namea  for  the  same  lb ing. 
but,  in  my  opinion,  "'th_too  I'ttle  distinction.  11.  For  proof 
and  credibility  ore  established  not  only  by  arguments  dependent 
on  reasoning,  but  by  auch  as  are  called  inartificial.  As  to  tiffns, 
which Celsusjl  calls  indicationt,  Ihave  already  distii^ished IT 
them  from  arguments. 

Since,  then,  an  argument  is  a  proeeu  oj  rtaefming  affordi-ng  a 
proof,  by  which  one  thing  i»  gatherad  front  amother,  and  which 
ettaUUhet  what  it  dovhtfulhy  referenee  to  what  u  certain,  there 
most  aaauredly  be  something  in  a  cause  that  does  not  require 
proof;  for  unlesS'there  be  something  which  is  true,  or  which 
appears  tme,  and  from  which  support  may  be  gained  for  what 
is  doubtful,  there  will  be  no  ground  on  which  we  can  prove 
anything.  IS.  As  certainties,  accordingly,  we  have,  in  the  first 
place,  what  is  perceived  by  the  senses,  as  what  we  see,  what 
He  hear,  as  lion*  or indieatiom  ;  next,  what  is  admitted  by  the 
general  consent  of  mankind,  aa,  that  there  are  gods,  and  tAat 

•  Comp.  ii  i,  i. 

+  Sm  note  on  U.  20,  10. 

1'  Artificen  not  only  call  the  nulerul  on  which  they  work  ofWH- 
■vnfum,  but  alto  th«  elkborattoii  uid  coostructioa  of  their  nutanaL 
Thai  Cicero  in  Verr.  iv.  SO  gajt  ex  chore  diligentiMMimi  perficta  uga 
menta  in  vahit  enmt,  that  it,  timiUacra  dfKripta.     Tumebui. 

i  .£11.  TiL  791. 

D  IB*.']  I  have  no  doubt,  uyi  Spalding^  tliat  it  ii  Celnia  who  it 

D,j„..;^L,  Cookie 


CH.X  I  EDUCATION   Or  AN   ORATOR.  3;i; 

respect  la  to  be  paid  to  parents ;  13,  also,  what  is  establisfaf-d 
by  the  luwa,  or  what  is  pasaed  iato  geneiul  aaage,  with  tliu 
concurrence,  if  not  of  the  whole  world,  at  least  of  that  com 
munity  or  people  among  whom  we  have  to  plead,  as  indeed,  in 
what  is  catted  legal  right,  most  points  are  settled,  not  by  posi' 
tive  laws,  but  by  common  custom  ;  and,  lastly,  whatever  is 
f^reed  between  the  two  parties,  whatever  is  proved,  or  whm- 
ever  our  adversary  does  not  dispute,  14.  For  thus  will  arise 
an  argument,  Ai  the  world  i»  governed  by  a  providence,*  the 
state  ought  to  be  governed  by  iome  nding  power ,-  showing  that 
if  it  is  acknowledged  that  the  world  ia  governed  by  a  providence. 
the  state  ought  likewise  to  be  govern^.  IS.  But  to  him  who  | 
would  handle  arguments  properly,  the  nature  and  quality  of  all! 
things  whatever  ought  to  bo  known,  as  well  as  their  generell 
effects;  for  it  is  by  such  knowledge  that  arguments  called' 
iixera.  "  probable,"  are  established,  10.  Now  of  probabiliiy 
there  are  three  degrees;  one,  which  rests  on  very  strong 
grounds,  because  that  to  which  it  is  applied  generally  happens, 
as  that  ckUdren  are  loved  ty  tliAir  jiarmtji  •  a  second,  somewhat 
more  inclined  to  uncertainty,  as  that  he  Kko  m  m  pood  health, 
to-day  will  live  tiU  to-mtrrroui ;  a  third,  which  is  only  not  repug- 
nant to  credibility,  aa  that  a  theft  committed  in  a  houee  vai 
eommitted_by  one  of  ike  houtehotd.  17.  Hence  it  is  that 
AnstotleTIn  his  second  book  on  the  Art  of  Rhetoric,+  has  so 
carefully  considered  what  generally  attends  on  various  thingsand 
persons,  and  what  things  or  what  persons  nature  has  rendered 
triendly  or  unfriendly  to  other  things  or  other  persons ;  as,  what 
accompanies  riches,  or  atnhitvm.  or  superttition  ;  what  the  good 
approve  ;  what  the  bad  piirsue ;  u>hat  toldiers  or  hiiebandmew  de 
tire ;  and  by  what  msam  thing*  are  severaUy  shunned  or  toughl. 
18.  But  this  subject  I  do  not  intend  to  pursue  ;  for  it  is  not 
only  long,  but  even  Impracticable,  or  rather  infinite ;  and  it  is 
plain,  moreover,  to  the  common  understanding  of  all.  If  any 
one  shall  desire,  however,  to  be  enlightened  upon  it,  I  have 
shown  him  from  whom{  he  may  seek  instruction.  19.  But 
ail  probability,  on  which  the  far  greater  part  of  reasoning  de- 
pends, flows  from  sources  of  this  nature,  akether  it  be  eredibl* 
that  a  father  wa«  killed  bg  his  son;  tliat  a  fot'ier  commtlW 


•  Comp.  c  7,  Beet.  3B, 

■t'  Id  tlie  first  MveDteen  cbaptara, 

S  Ariilotla. 


D,j,,..;uL,Goo^lc 


838  QuumuAM.  [aT. 

iiieett  with  kit  daughter ;  and,  Eigaio,  Khetker  poiioning  bt 
eredibh  in  a  step'motker,  or  adultery  in  a  man  of  Ucentiow  life , 
alw,  whether  it  be  credible  that  a  crime  wot  committed  in  the 
t'lyht  of  the  whole  teorld,  or  thatJaUe  tettimony  was  given  Jot  a 
smaU  bribe;  bemuse  each  of  these  crimes  [m>ceed3  from  a 
peculiar  cast,  aa  it  were,  of  character ;  1  mean  geaerally,  not 
always,  else  all  reasoning  about  them  would  be  absolute  cer- 
tainty, and  not  mere  probable  argument. 

30.  Let  ua  now  examine  the  place*  of  argitmenti  ;  althougli, 
indeed,  the  topics  of  which  I  have  previouslj  spoken*  are  re- 
garded 88  placet  of  argument  by  some  rhetoricians.  By  placet, 
let  me  observe.  I  mean,  not  common  placet,  in  the  souse  in 
which  the  word  is  generally  understood,  in  reference  to  luxury, 
adultery,  or  such  subjects  j  but  the  teale  of  argumentt,  in  which 
they  lie  concealed,  and  from  which  they  mutt  be  drawn  forth. 
'21,  For  as  all  kinds  of  fruits  are  not  produced  in  all  countries, 
and  as  you  will  be  unable  to  find  a  bird  or  a  beast,  if  you  are 
ignorant  where  it  is  usually  produced  or  makes  its  abode,  and 
as,  among  the  several  kinds  of  fishes,  some  delight  in  a  smooth 
and  others  in  a  rocky  bottom  of  tbe  water,  while  particular  sorts 
are  confined  to  particular  regions  or  coasts,  and  you  could  not 
attract  the  ellops  J  or  the  acarus§  to  our  shores,  so  every  kind  of 
argument  is  not  to  be  got  from  eveiy  place,  and  is  consequently 
not  everywhere  to  be  sought ;  23.  otherwise  there  would  be 
much  wandering  about,  and,  after  enduring  the  utmost  labour, 
we  should  sot  be  able  to  find,  unless  by  chance,  that  for  which 
we  should  seek  without  uiethod.  But  if  we  ascertain  where 
pardcutar  arguments  offer  themselves,  we  shall,  when  we  come 
to  the  place  where  ihey  lie,  easily  discern  what  is  in  it. 

23.  First  of  »11,  then,  ailments  are  to    be  drawn  from 

^^_  persaiu ;  there  being,  as  I  said,||   a  general  division  of  all 

/  arguments  into   two  kindh,  those  which  concern  things,  aud 

those  which  concern  person* ;  and  the  accidents  of  things  being 

caute,  lime,  place,  opportunity,  instrumentt,  manner,  and  the 

■  In  the  preceding  ahaipter.     ^/aiding, 

+  II.*,  22;  V.  12,  IS;   )8,  57. 

i  A  tiah  that  was  thought  a  delicatoy  by  the  uicienta.  Some  luTa 
•uppaa«d  it  to  be  the  same  w  the  octpenin-,  w  aturgeou  ;  Pliny  wo< 
Uuanced  them  different,  H.  N.  ii.  17,  27  ;  iiiu.  11,  64. 

S  Thi«  tbe  Boiuans  also  thought  a  delicacy.  See  Plin.  11.  cc.  It  U 
mentioned  by  Horace,  Ovid,  Blartial,  nnd  Petrunius. 


D,j,,..;uL,Coo^|i: 


OH.Z.]         IDVCATIOH  or  AN  ORATOR.  389 

I'.ke.  As  b>  ftriOM,  I  do  not  undertake  to  treat  of  eveif 
ptindciJar  concerning  them,  as  moat  rhetoricians  have  done, 
but  only  of  those  topics  from  which  ai^uments  may  be  drawn. 
24.  These,  then,  are,  Wr(ft,  for  people  are  mostly  thought 
similar  in  character  to  their  fathers  and  forerathers,  and  some- 
times derive  from  their  origin  motives  for  living  an  honour- 
able or  dishonourable  life;  nation,  for  every  nation  has  il« 
peculiar  maimers,  and  the  same  thing  will  not  be  alike  pro- 
bable in  regard  to  a  Barbarian,  a  Roman,  and  a  Greek ; 
35.  eountrtf,  for,  In  like  manner,  the  laws,  institutions,  and 
opinions  of  states  have  their  peculiarities ;  ses,  for  you  would 
more  readily  believe  a  charge  of  robbeij  vrith  regard  to  a 
man,  and  poisoning  with  regard  to  a  woman;  age,  for  differ- 
ent modes  of  action  belong  to  different  periods  of  hfe  ;  educa- 
tion and  dUeifUne,  for  it  makes  a  difference  by  whom,  and  in 
whiU  manner  a,  person  has  been  brought  up ;  30.  bodi^  eotuU- 
t*tion,  for  beauty  is  often  drawn  into  an  argument  for  liber- 
tinism, and  strength  for  insolence,  and  the  contrary  qualities 
for  contrary  conduct ;  fortune,  for  the  same  charge  is  not 
equally  credible  in  reference  tn  a  rich  and  a  poor  man,  in 
reference  to  one  who  is  surrounded  with  relations,  friends,  and 
clients,  and  one  who  is  destitute  of  all  such  support ;  condition, 
for  it  makes  a  great  difference  whether  a  man  is  illustrious  or 
obscure,  a  magistrate  or  a  private  person,  a  father  or  a  son,  a 
citizen  or  a  foreigner,  free  or  a  slave,  married  or  a  bachelor, 
the  father  of  children  or  childless  ;  27.  natural  ditposition,  for 
avari<«,  paasionatenesB,  sensibility,  cruelty,  austerity,  -and  other 
similar  affections  of  the  mind,  frequently  either  causp  credit 
to  be  given  tn  an  accusation  or  to  be  withheld  bam  it;  miiniier 
of  living,  for  it  is  often  a  matter  of  iuquiry  whether  a  person 
is  luxurious,  or  parsimonious,  or  mean  ;  ocevpationa,  for  a 
countryman,  a  lawyer,  a  trader,  a  soldier,  a  mariner,  a  phy- 
sician, act  in  reiy  dilferent  ways.  S8.  We  must  consider  also 
what  a  person  affceti,  whether  he  would  wish  to  appear  rich 
or  eloquent,  just  or  powerful.  PrevioM  doing*  and  tat/ings, 
too,  are  to  be  taken  into  account ;  for  the  present  is  com- 
monly estimated  Irom  the  past  To  these  some  add  comtnofion 
of  the  mind,  which  they  wish  to  be  nnderstood  in  the  sense  of 
a  temporary  excitement  of  tlie  feelings,  as  anger,  uf  fear ; 
ii9.  and  detignt,  which  respect  the  present,  past,  and  future, 
but  these,  diough  they  are  accidents  of  persons,  shnuld  yet  be 

t  a 
D,j„..;^L,  Cookie 


910  QomnLiAK.  [b.  t. 

referred,  I  thiak,  as  considered  in  themselves,  to  that  spe- 
cies of  argument  which  we  derive  from  motives ;  as  &lso  cer- 
tain ditpoaitiona  of  mind,  in  regartl  to  which  it  is  considered 
whether  a  particular  person  is  a  friend  or  an  enemy  of  another 
person.  90.  They  specify  also  the  name  among  tlie  topics  oi 
argument  in  regard  to  a  person ;  and  the  name  must  certainly 
be  termed  an  accident  of  a  person,  but  it  is  rarely  the  founda- 
tion of  any  reasoning,  unless  when  it  has  been  given  for  some 
cause,  as  Sapieni,  Magnm,  Pleaus,*  or  has  suggested  some 
thought  to  the  bearer  of  it,  as  Lentutus'st  name  led  him  to  think 
of  joining  theconspiracy  of  Catiline,  becanse  dominion  was  said 
to  be  promised  by  the  Sibylline  books  and  the  predictions  of 
the  soothsayers  to  three  Cornelii.  and  he  believed  himself,  as 
he  was  a  Oomelius,  to  be  the  third  after  Sylla  and  Cinna.  S I . 
As  to  the  conceit  of  Euripides,^  where  the  brother  of  Poly- 
nices  reflects  on  his  name,  as  an  argument  of  his  disposition, 
it  is  extremely  poor.  For  jesting,  however,  occasion  is  fre- 
quently furnished  by  a  name,5  and  Cicero  has  more  than  once 
indulged  in  it  in  his  pleadings  against  Verres.  Such,  and  of 
such  a  nature,  are  the  oommon  subjects  of  argument  with  re- 
gard to  persons.  All  I  cannot  enumerate,  either  under  this 
head  or  under  others,  but  content  myself  with  showing  the  way 
to  those  who  may  inquire  farther. 

as.  I  now  come  to  thingi,  among  which  actions  are  most 
closely  connected  with  persons,  and  must  therefore  be  first 
considered.  In  r^ard.  then,  to  everything  that  is  done,  tho 
question  is,  either  ahy,  or  where,  or  when,  or  in  what  manner,  or 
by  ahat  meant,  it  was  done,  S^i.  Arguments  are  consequently 
derived  from  the  motives  for  actions  done  or  to  be  done ;  the 
fna Her  of  which  motives,  which  some  of  the  Greek  writers  call  UXii 
and  others  d^raiu.);,  they  divide  into  two  kinds,  subdividing  each 
hind  into  four  species  ;  for  the  motive  for  any  action  is  gene- 
{"ally  connected  with  the  acquisition,  the  augmentation,  the  pre- 

■  I  retain  this  mdtng,  on  ths  authority  of  all  goad  copUa,  but  no 
rgason  for  tbe  name  has  hitherto  been  given,  qor  hue  the  name  itaelf 
been  found  in  any  record  or  monument  of  sntiijuity.  OaUteus  and 
Obreoht  conjecture  Pla/ncut.  Qeaner  Ptamat  ^m  the  Greek  irAJvoc 
Burmann  thinks  that  PUnn4  may  have  been  a  aumama  of  Cn*siM  is 
tbs  BenEB  of  Divet.     Spalding. 

f  See  SulIuBb,  Cat.  IT ;  Orat,  in  Cstil.  iii.  4. 

t  Phteniaa.  839,  6*0. 

I  Sw  Ti.  3,  M. 

D,j,,..;jL,  Google 


CB.X.J  EDUCAnON   OF  AK  ORATOB.  341 

aervafion,  or  the  enjogtnenl,  of  some  good,  or  the  avoidance, 
dimittutiov,  endurance,  of  some  evil,  or  delivery  from  it ;  con- 
Bideratioiis  wliiuh  have  great  weight  in  all  our  deliberatiocs. 

34.  But  right  actions  have  such  motives  ;  wrong  onea,  on  the 
contrary,  proceed  from  false  notions ;  for  the  origin  of  them  ig 
from  the  objects  which  mea  fancy  to  lie  good  or  evil ;  and 
hence  arise  errors  of  conduct,  and  corrupt  passtons,  among 
tchich  may  lie  reckoned  anger,  envy,  haired,  avarice,  pretump- 
lion,"  ambition,  audacity,  timiditi/,  and  other  feelings  of  a  simi- 
lar nature.  SomelimeB  fortuitous  circum stances  are  added,  as 
drunkenneat,  or  mistake,  which  sometimes  aen-e  to  excuse,  and 
sometimes  to  give  weight  to  a  charge,  as  when  a  man  ii  aaid 
lo  have  killed  one  perton  tohile  he  was  lying  in  wait  for  another. 

35.  Motives,  moreover,  are  constantly  investigated  not-ouly  to 
establish,  but  to  repel,  accusations,  as  when  an  accused  person 
maintains  that  he  acted  rightly,  that  is,  from  a  laudable 
motive ;  on  which  point  I  have  spoken  more  fully  in  the  third 
book.f  36.  Questions  of  definition,  too,  sometimes  depend 
upon  motives,  as  viheiktr  he  it  a  tyrannicide  vho  killed  a 
tyrant  by  whom  he  had  been  eavghi  in  adultery ;  and  whether 
he  ii  guilty  of  sacrilege  who  loci:  down  arms  suspended  in  a 
temple  to  drive  enemies  ovt  of  his  city.  ST.  Arguments  Ud 
also  drawn  from  places  ;  for  it  often  concerns  the  proof  of  a 
fact,  whether  the  scene  of  it  was  mountainous  or  level,  maritime 
or  inland,  planted  or  uncultivated,  frequented  or  lonely,  near  or 
distant,  suitable  or  untvitable  for  the  alleged  purpose  ;  conside- 
rations which  Cicero  treats  with  very  great  efTect  in  his  de- 
fence of  Milo.  88.  These  and  similar  [wints  most  commcniy 
i%late  to  questions  of  fact,  but  sometimes  ulso  to  questions  of 
law,  as  whether  a  place  be  private  or  public,  sacred  or  profane, 
our  own  or  belonging  to  another,  as  we  consider  in  regaj^  to 
a  person  whether  he  be  a  mijy»»(ra(e,  or  a  father,  or  r  foreigner. 
39.  For  hence  questions  arise  ;  as,  Yna  have  taken  the  money 
of  a  private  individual,  but.  as  you  look  it  from  a  temple,  your 
erime  is  not  mere  theft,  but  sacrilege. — Yon  have  killed  aa 
adulterer,  an  act  which  the  law  alloas.  but  as  you  committed  it 
in  a  brothel,  it  it  murder. — You  hate  done  violence,  but  at  you 
did  it  to   a  magittrate,  an   action  for  treason  may  be  brought 

*  Bpei.']  In  a  bod  Knee;  hope  of  obtuniiig  that  to  wbioh  m  luTt 

no  right 
t  C.  11,  lect.  *— (. 


D,j„..;uL,  Cookie 


343  QUINTIUAK.  [hT 

ayatutt  ifou.  40.  Or,  on  the  other  hand,  a  person  nia^  aTga«, 
I  had  a  right  to  act  in  gnch  a  way,  for  I  wat  a  father,  or  Itra* 
a  m4iffatfaM.  But  it  ia  to  be  olMerTed  that  arguments  derived 
frtw)  plaet  afford  *  matter  for  disinite  as  to  queetiona  of  fact 
Bs  irell  aa  regarding  points  of  law.  Place,  too,  freqnentlj 
affect*  the  quality  of  an  action ;  for  the  same  aut  is  not  allow- 
able 01  becotniog  in  all  places  alike  ;  and  it  is  likeni^  of  con- 
RqoencB  before  what  people  a  qnestion  is  tried ;  for  every 
people  has  its  peculiar  customs  and  laws.  41.  Place  has  also 
tiifloence  in  commendation  or  disparagement ;  as  Ajax  says  iu 
Ovid.t  Agimui  ante  rates  eauiam,  et  meemm  eonfertur  Ulywsf 
"  Do  we  plead  our  eavae  before  the  thipi,  and  it  TJlguet  com- 
pared with  me  f"  'J'o  Milo,  too,  it  was  made  a  subject  of  re- 
proach, anung  other  things,  that  Clodiue  had  been  kilted  hy 
him  amidst  the  monamenfi  of  hit  aneegtori.  43.  Place  bus 
iutluence,  moreover,  in  deliberative  oratoiy,  as  well  as  time, 
aome  remarks  on  wbieb  I  shall  subjoin. 

Of  time,  aa  I  have  already  observed  ia  another  place,  J  there 
•re  two  acceptations,  since  it  is  vienred  either  generally  or 
ipeciaUy.  Oenerallif,  as  when  we  say,  now,  fonaerly,  in  Iha 
time  of  Aleirander,  duriag  the  rirnygle  at  the  siege  of  Trtn/ ; 
or  whatever  relates  to  the  present,  past,  or  future.  Specially, 
when  we  speak  of  received  divisions  of  time,  as  in  the  summer, 
in  the  winter,  by  day,  by  night,  or  of  accidental  occurrences  ixx 
any  particular  period,  us  during  a  pestilence,  in  a  war.  at  a 
hanqvet.  43.  Some  of  om-  Latm  anthors  tiave  thought  that 
sufficient  distinction  was  made  if  they  called  time  tngenerai 
merely  time,  and  special  portions  of  it  limes.  To  say  nothing 
more  on  that  point,  regard  to  time  in  both  senses  is  to  be  ha^ 
both  in  deliberative  and  epideiotie,  bnt  moet  frequently  in 
judicial,  pleading.  44.  For  it  gives  rise  to  questions  of  law,f 
and  determines  the  quality  of  actions,  and  has  great  influence 


o  fatli  eOHlrovertiam  argtmieitta  pnnianl,  eirea  juris  Utet 
t  quaaHoKwa.]  Tha  reader  will  obcerve  tlukt  pnsttant,  aa 
Spalding  remarks,  refen  to  Aom  ^iiulnw  nc  simiUa  in  net.  38,  argmunta 
being  in  tha  accusativa  caae.  "  11  fwit  dono  remsrquer  qua  lea  ai^' 
nisDB  tiria  du  hen,  en  mAme  tempt  qi'  ib  sraraDt  i  UMir  le  fiiit,  sunt 
Is  matj^ra  des  questions  de  droit.'    (Mdoifn. 

+  Hetam.  liii.  6. 

t  III.  6,  25. 

S  For  instuiaa,  if  a  man  ivirpriBeB  on  adulterer,  who  eacapes  for  the 
Uma,  but  ia  killed  bj  him  oq  a  subaaauent  oooauon.     Tumelmi. 


D,j„.„_,  Cookie 


CH.X.J         EDUCATION  OF  AN  OKaTOR.  349 

iu  queations  of  fact,  since  it  eometitnes  ofTen  Irrefragable 
proofB,  as  if  a  person  should  be  ea\d  (as  I  supposed  above*)  lo 
liave  signed  a  deed  when  he  died  before  the  dale  of  it,  or  to 
have  done  sumething  wrong  when  he  waa  quite  an  infant  or 
even  not  boi'o.  45.  Besides  it  is  to  be  observed  that  argn- 
tneuts  of  all  kinds  are  readily  drawn  either  from  circumstanfies 
that  preceded  the  fact  in  queation,  or  occurred  at  tht  samt  tim* 
with  it,  or  happeited  after  it :  From  previout  circumstances, 
as.  You  threatened  the  deceased  irith  death,  you  went  out  at  night, 
you  Kent  before  him  on  the  road  ;  and  motives  for  deeds,  too, 
relate  to  time  past :  46.  From  eontemporanetyta  circumetances, 
which  some  have  distinguished  tnore  nicely  than  was  neeessary, 
dividing  them  into  that  which  is  combined  with  an  act,  aa, 
A  itoiie  wot  heard,  and  that  which  is  attached  to  an  act,  as 
A  cry  vae  raked :  From  subsequent  circnmatances,  as.  You 
eoiitealed  yourself;  you  fled ;  diseoloratlont  and  iuiellings 
appeared  on  the  body.  The  defendant  also  will  direct  his 
tboughtB  to  the  same  divisious  of  time  in  order  to  discredit 
the  charge  that  Is  brought  against  him. 

47.  In  these  considerations  is  included  all  that  concerns 
deeds  and  words  ;  hut  under  two  aspects ;  for  some  ihiugs  ai-e 
done  because  something  else  will  fullow ;  and  olhere  because 
something  else  nas  doue  before ;  as  when  it  is  alleged  against  a 
man  accused  of  trafficking  in  women,  that  he  bought  a  beautiful 
woman  who  had  been  found  guilty  of  adulteiy  ;t  or  against  a 
rake  accused  of  parricide  that  he  had  aaid  to  his  &ther,  You 
shall  not  reproach  me  any  more ;  for  the  former  is  not  a  traf- 
ficker in  women  because  he  bought  the  woman,  but  he  - 
bought  her  because  he  was  a  trafficker  in  women ;  and 
the  latter  did  not  kill  his  father  because  he  uttered  those  words, 
but  uttered  the  words  because  he  meditated  killing  hia  father. 

48.  As  to  fortuitous  occurrences,  which  alao  afford  ground 
for  arguments,  they  doubtless  belong  to  subsequent  time,  but 
are  generally  distinguished  by  some  peculiarity  in  the  persons 
whom  tbey  concern ;  as  if  I  should  say,  Scipio  itat  a  better 
general  than  Hannibal;  he  d^eated  HannUxd, — He  was  a 
good  pilot;  he  never  suffered  ihipwreck. — He  was  a  good  husband- 

•  C.  5,  lect.  2. 

f  I  heeitata  at  tfaia  eiunple,  layB  SpaldiDg,  u  th«t«  u  nothing 
bearing  on  HII7  anc'n  case  in  the  Roman  Inw  ;  but  I  must  iiippoBe  it, 
be  aildB,  to  bare  been  a  theme  for  declnmation  in  the  Khoofa.  Nc 
otbtw  omnmentatoT  makes  an;  renurk  about  it 

D,j,,..;uL,  Cookie 


m  QUIHTILUM.  [&7. 

nan;  he  raited  large  crops.  Or,  in  reference  to  bad  quabties, 
fJe  Kcu  extravagant;  he  exkautted  kit  patrimony. — He  lited 
dugraeefuUj/ ;  he  ucu  duiiked  hy  all. 

40.  We  must  alao,  eapeciall;  ia  questions  of  &ct,  regard 
the  meani  of  which  a  party  was  possessed ;  for  probability 
inclines  us  to  suppose  that  a  smaller  numt>er  iras  killed  by  a 
larger,  a  breaker  bj  a  stronger,  people  asleep  b;  people  awake, 
the  unsuspecting  by  the  well  prepared.  Opposite  states  of 
things  lead  to  opposite  conclusions.  SO.  Such  points  we  re- 
gurd  iu  deliberative  speeches ;  and  in  judicial  pleadings  we 
keep  them  in  view  with  reference  to  two  considerations, 
whether  a  person  had  the  inclination,  and  whether  he  had  the 
power  !  for  hope  depending  on  power,  often  gives  rise  to  incli- 
naljon.  Hence  that  conjecture  iu  Cicero  :*  "  Clodius  lay  in 
wait  for  Milo,  not  Milo  for  Clodius ;  Clodius  was  attended  with 
a  body  of  stout  slaves,  Mile  with  a  party  of  women  ;  Clodius 
was  travelling  on  horseback,  &Iilo  in  a  carri^e;  Clodius  waa 
unincumbered,  Milo  enveloped  in  a  cloak."  6 1.  Under 
means,  also,  we  may  include  inalrumenlt,  for  they  form  part  of 
appliances  and  resoui-cea  ;  and  presaroptive  proofs,  too,  some- 
times arise  from  instruments,  as  when  a  sharp  weapon  ii 
found  ttieking  in  a  dead  body,  33.  To  all  this  is  to  be  added 
manner,  wliirh  the  Greeks  call  r^irsc,  in  reference  to  which 
the  question  is.  How  a  thing  was  done?  And  it  has  relation 
bith  to  the  quality  of  an  act  and  to  the  interpretation  of 
nriliiigs.t  as  if  we  should  deny  that  it  is  lawful  to  kill  an 
ailulterer  with  poison,  and  say  that  he  ovght  to  have  been  killed 
with  a  sword-i  it  may  concern  quealions  of  fact  also  ;  as  if  I 
should  say  that  a  tiling  was  done  with  a  good  intention,  and 
therefore  openly  ;  or  with  a  bad  intention,  and  therefore  insidi- 
oaslff,  in  the  night,  and  in  a  lonely  place. 

5:(.  But  iu  regard  to  every  matter,  about  the  quality  or 
nature  of  which  ^ere  is  any  question,  and  which  we  contem- 
plate independently  of  persons  and  all  else  that  constitutes  a 
cause,  three  points  are  doubtless  to  be  considered,  whether  it 
it,  what  it  is.  and  of  what  nature  it  is.  But  as  certain  topics 
'  of  argument  are  common  to  all  these,  the  three  cauuot  b« 

•  Pro  Mil.  c.  10. 

i  Ste  lact.  40  of  kbii  chsptsr,  and  m  ^  1 ;  UL  !L  S&  <& 

;  3m  wut.  Sa.  HUd  iii.  6,  37. 


D,j,,..;uL,  Cookie 


TB.X.]  ZDUCAnOM  OF  JlS    OSATOB.  346 

divided,  and  must  accordinglj  be  mtroduced  undei  the  heada 
under  which  thej  respectively  happen  to  fall, 

54.  Ai^umenta,  then,  are  drawn  from  definition,  (ex  Jint- 
tione  sevjiiu,  for  both  terms  are  in  use,)  of  which  there  are 
two  modes ;  for  we  either  inquire  simply  whether  inch  a  thing 
it  a  oirlue,  or  with  a  definition  previously  gi*en,  vhat  virtue 
is.  Such  definition  we  either  express  in  a  general  way,  as. 
Rhetoric  it  the  art  of  speaking  well,  or  with  an  enumeration 
of  particulars,  as  Rhetoric  is  the  art  of  rightly  conceiving, 
arranging,  and  expressing  our  thoughts,  with  an  unfailing 
memory  and  with  propriety  of  action.  55.  We  also  define  a 
thing  either  by  its  nature,  as  in  the  preceding  example,  or  by 
reference  to  etymology,  as  when  we  derive  the  sense  of  assiduut 
from  as  and  do,  that  of  locvples  from  eopia  locomnt,  or  that  of 
peeuniosv*  from  copia  pecorum. 

To  definitions  seem  especially  to  belong  genus,  species,  dif- 
ference, property.  56,  From  all  these  arguments  are  de- 
duced. Genus  can  do  little  to  establish  species,  but  very  much 
to  set  it  aside  ;  what  is  a  tree,  therefore,  is  not  necessarily  a 
plane  tree,  hut  what  is  not  a  tree,  is  certainly  not  a  plane 
tree ;  nor  can  that  which  is  not  a  virtue  be  justice ;  and  there- 
fore we  must  proceed  from  the  genus  to  the  ultimate  species  ;* 
as  to  saj,  Man  is  an  animal,  is  not  enough,  for  animal  is  the. 
geuos ;  and  to  say  that  he  is  mortal,  though  it  expresses  a 
species,  is  but  a  definition  common  to  other  animals  ;  but  if 
we  say  that  he  is  rational,  nothing  will  he  wanting  to  signify 
trhat  we  wish.  67.  On  the  contrary,  tpeeiea  affords  a  strong 
proof  of  genus,  but  han  little  power  to  disprove  it :  for  tlmt 
which  is  jiistice  ia  certainly  a  virtue,  while  that  which  is  not 
justice  may  be  a  virtue,  if  it  is  fortitude,  prudence,  or  tempe- 
rauce.  A  genus,  iherefore,  will  never  be  disproved  by  proving 
a  tpecies,  unless  all  the  species,  which  are  included  under' thut 
genus,  be  set  aside,  as  That  which  is  neither  mortal  nor  immor- 
tal is  not  an  animal, 

58.  To  genus  and  species  writers  add  properties  nnd  differences. 
By  properties  a  definition  is  established  ;  by  difierences  it  is 
overthrown.  A  property  is  that  which  either  belongs  only  to  ona 
object,  as  speech  and  laughter  to  man,  or  belongs  to  it,  but  not 
to  it  alone,  as  heat  is  a  propeity  of  fire.  There  may  be  also 
niany  properties  of  the  same  thing,  as  fire,  for  instance,  thine* 
as  well  as  heats.  Consequently,  whatever  property  ia  omitted 
■  B«e  Mot  B.    Ciceio  Topic,  a.  8. 

D,j,,..;uL,Goo^lc 


8dR  QcixntiAH.  [bt 

in  4  definition,  will  weaken  it ;  but  it  is  not  ererj  property 
introduced  in  it  that  will  establish  iL  69.  It  is  vei;  often  a 
question,  too,  what  U  a  property  of  something  under  considera- 
tion ;  for  intitance,  if  it  be  asserteii,  on  (he  etvmnlogy  of  the 
won],  "  It  constitutes  a  man  a  tyrannicide  to  kill  a  tyrant,"  we 
may  deny  it,  for  if  an  exer.utioner  should  kill  a  tyrant  delivered 
to  him  to  be  pat  to  death,  he  would  not  be  called  a  tyrannicide, 
nor  would  a  man  he  called  so  that  had  killed  a  tyrsut  uuawares 
or  nnwillingly.  60.  But  that  which  is  not  a  pecMliar  properly 
will  be  a  difference ;  as  if  m  one  thing  to  be  a  tlave  and  another 
to  terve ;  whence  there  is  this  disiiucuon  with  regard  to  addicli, 
or  inaolvent  debtors  aentenced  to  serve  their  creditors :  He 
who  it  a  slave,  if  he  is  tet  free,  beeomet  afreedman;  but  this 
is  not  the  case  with  an  addictus;  and  there  are  other  points  of 
difference  between  them,  of  which  I  shall  speak  in  another 
place,*  61.  They  call  that  also  a  difference,  by  which,  when 
the  genus  is  distinguished  into  species,  a  specie  itself  is  par- 
ticularized ;  as,  Animal  is  the  genua ;  mortal,  a  species,  ier- 
rtitrial  or  tteo./oottd,  a  difference ;  for  we  have  not  yet  come 
to  prc^erty,  though  the  animal  is  distin)^ished  from  the 
aquatie  or  the  four-footed  ;  but  such  distinction  belongs,  not 
■o  much  to  argument,  as  to  exact  expression  of  definition, 
63.  Cicero  separates  genus  and  species,  which  latter  he  calls 
form,  from  definition,  and  puis  them  under  relation  ;  as.  for 
example,  •/  a  person  to  mhom  all  the  silver  of  another  person 
has  been  bequeathed,  thovld  claim  also  the  coined  silver,  he 
would  found  his  claim  upon  geaus ;  but  if  a  person,  ahen  a 
legacy  has  been  left  to  a  woman  aho  should  have  been  a  mater- 
familiai  to  her  husband,  denies  thai  it  ought  to  be  paid  to  her 
mho  never  came  into  her  husband's  power,  he  reasons  from 
species,  because  there  are  tiro  sorts  of  marriages. f 

63.  CiceroJ  also  shows  that  deSnitiou  is  assisted  by  division, 
which  he  makes  distinct  from  partition,  partition  being  the  dis- 
tribution of  a  whole  into  its  parts,  diTision  that  of  a  genus 

•  VIL  8,  26  ;  iii.  8,  25. 

+  The  two  SiirtB  of  marrit^aa  were  per  eoempttoBon,  when  the  woman 
mis  dfllivereil  into  tbe  huid  anil  power  of  the  man.  aai  waR  then  called 


mata^amiUas ;  the  other  n 
wan  fonaed ' 


wan  n>rmed  by  euhabitatioD.    TVrncfrnt.    SeeCio  pro  Flncc. -'<4.   Adani'e 
Ram.  Ant.  |j.  43S|  8va.  ed.     "  A  legal  marriage  iraa  eitbar  cw»  eonven 
|4>«  iknrw  in  mamait  viri,  or  it  was  witliout  this  conwnlw.''     Smith's 
Diot.  of  Qr.  and  Rom.  Aut.  art.  Marriage,  Raman, 
t  Topic  0.  e,  r. 


D,j,,..;uL,Coo^|i: 


CH.X.]  KDUCAIIOH  0?  AH  ORATOB.  HI 

into  its  forms  or  sp«cies.  The  number  of  piits,  ho  saya,  i« 
uncertain  ;*  for  instaiiM,  the  parts  of  which  a  itate  consit'.t; 
bat  that  of  forma,  certain,  as  the  number  of  foTmi  of  govern- 
ment, which  we  understand  to  be  three,  that  in  which  the  powei 
IS  in  the  hands  of  the  people,  that  in  which  it  is  in  those  of  a 
few,  and  that  in  which  it  is  in  those  of  one.  64.  He,  indeed, 
.  does  not  use  those  examples,  because,  writing  to  Trebatius.f  he 
preferred  taking  his  instances  from  law.  I  have  given  such, 
as  I  think,  plainer. 

Properiies  have  reference  also  to  questions  dependent  on 
ooiyecture  ;J  for,  as  it  is  the  property  of  a  good  roan  to  act 
rightly,  and  of  a  passionate  man  to  be  violent  in  his  language, 
it  is  supposed  that  he  nho  acts  rightly  is  a  good  man,  and  that 
he  who  is  violent  in  his  language  ia  a  passionate  one ;  and 
euch  as  act  or  speak  otherwise  are  supposed  to  be  of  opposite 
characters  ;  for  when  certain  qualities  are  not  in  certain  per. 
sons,  the  inference,  thoi^h  from  opposite  premises,  is  of  a 
similar  nature.^ 

66.  Division,  in  a  similar  way.  serves  to  prove  and  to  refute. 
For  proof  it  is  sometimes  sufficient  to  establish  one  half ;  as 
in  this  example :  A  man,  to  be  a  citizen,  mutt  either  have  been 
born  a  citizen,  or  have  been  made  one;  but  in  refuting  you 
must  overthrow  both  particulars,  and  show  that  he  was  neither 
born  nor  made  a  citizen.  66,  This  mode  of  reasoning  is  mani- 
fold; and  there  is  a  form  of  argument  bg  luceesaive  remiivaU.\\ 
by  which  a  whole  allegation  is  sometimes  proved  to  be  faliie, 
and  sometimes  a  portion  of  it,  which  is  left  after  mcceuiv 
removal*,  is  shown  to  be  true.  A  whole  allegation  is  proved 
to  be  false  in  this  manner  :  You  say  that  you  lent  this  moneg . 
Either  then  you  had  it  of  your  own,  or  you  received  it  from 
tomtone  else,  or  you  found  it.  or  you  stole  it:  If  you  neither  had 
it  of  your  own,  nor  received  H  from  any  one,  nor  ete.,  yau  did 

■  t/t  forma  there  ia  »l»s78  a  ccrt«D  Dumber,  and  to  omit  any  one 
of  them  in  a  definition  ia  a  fiiiilt ;  but  the  namber  of  parta  ia  ft*- 
quentlj  infinite.     Turnclnit. 

t  IIL  11,  18. 

£  That  is,  to  the  rtoAu  termed  eoigecl^traUs  b;  the  rbetoritiana ; 
oominoiil;  oalled  fwriMa  AtfaSo.     Capperonier. 

%  For  example,  na  it  ia  the  part  of  a  merciful  man  not  to  do  maton 
injuiT,  I  aliaU  infer,  if  a  man  commits  wantim  iujuij,  that  be  it  out 
merciM.     7Ww6m. 


then  conudwad  al  moved, 

D,j„..;uL,  Cookie 


348  tlfiHTruAir.  [b.  r. 

sot  lend  it.  67.  Wbat  is  left  is  establisbed  aa  true  in  thia 
way ;  ThU  ilavt,  rrhom  you  claim  at  your  own,  tens  eilher  6o•^ 
in  your  hoiue,  or  bought  by  you,  or  given  to  you,  or  left  to  joii 
by  triU^  or  captured  by  you  front  the  enemy, — or  he  beUmys  to 
anotiier  perion :  when  it  ia  shovm  that  the  suppositiona  are  all 
unfounded,  except  tbe  last,  it  nill  Ite  clear  that  the  slave 
belongs  to  anotber.  This  kiud  of  argumentation  ia  dangerous, 
and  must  be  conducted  with  great  naiiueiis,  for  if  wo  omit  one 
particular  in  the  enuineration,  our  whole  edifiue  will  &II  to 
the  ground,  to  the  amusement  of  our  audience.  68.  That 
mode  is  safer  which  Cicero  uses  in  bis  speech  for  Cacina,* 
when  he  asks,  If  thia  it  not  the  point  in  question,  what  it  itt 
for  thus  all  other  points  are  set  aside  at  once.  That  also  is 
safer,  in  which  two  contrary  propositions  are  advanced,  of 
which  it  is  suflicient  for  our  purpose  to  establish  either  ;  as  in 
this  example  from  Cicero  ;t  There  ii  ceitainly  no  one  so  wn- 
favouToUe  W  Cluentiu*  at  not  to  grant  me  one  thing :  If  it  is 
certain  that  ^ose  jvdgee  were  Imbed,  they  muat  have  been  bribed 
either  by  Habitiu  or  by  Oppianieut ;  if  I  ihow  that  they  were 
not  bribed  by  Habitue,  Iprove  that  they  were  bribed  by  Oppi- 
anieui ;  if  I  make  it  appear  that  they  were  bribed  by  Oppi- 
anicite.  I  clear  Habitue  from  suspicion.  69.  Or  Uberty  may  be 
granted  to  our  adversary  to  choose  one  of  two  propositiona,  of 
which  one  must  necessarily  be  tme,  and,  whichsoever  he 
chooses,  it  may  be  proved  to  be  adverse  to  his  cause.  Thia  ia 
a  mode  which  Cicero  adopts  in  pleading  for  OppiusiJ  Whether 
was  it  when  he  was  aiming  at  Cotta,  or  when  lie  was  attempting 
to  kill  himself,  that  the  weapon  was  snatched  from  his  hand  f 
And  in  that  for  Varenus  ;§  The  option  is  granted  you,  whether 
you  tcouid  prefer  to  say  that  Varemis  took  that  road  by  chance, 
or  at  the  iiietigation  and  p^iuagion  of  the  other ;  and  he  then 
shows  that  ei^er  supposition  is  equally  adverse  to  the  accuser. 
70.  Sometimes  two  propositions  are  stated  of  such  a  nature, 
that  from  either,  if  adopted,  the  same  consequence  follows :  as 

•  C.  IS. 

t  Pro  Cluent.  t  28. 

J  Marcus  AureliuB  Cotta,  procoDBul  of  BiUiTiiia,  liad  dUmlssed  hi* 
qiimtor  PuhliuB  OppiuB  on  augpicioa  of  embsEtliug  the  public  money 
mA  plotting  agsinst  hia  life,  of  which  he  was  afterwards  uciuad,  aud 
defended  by  Cicero.  See  D'oD.  Cr.M.  b.  iixvL  p.  Beim.  100.  Tb« 
Buly  fmginent  of  Cicero's  apeecli  that  is  extant  ia  Uia  one  ia  the  text. 

i  Sea  iv.  Z,  26  ;  and  the  fi-nKtnauts  ia  Eraeati.  p.  lOMl 


D,j„..;uL,  Cookie 


OR.X.J  BDUCATION   OF  AH   ORATOR.  919 

in  the  common  adage.  We  tnial  philosophize,  lliough  ic«  mvst 
not  philotophize  ;*  or  in  the  still  more  commou  question,  To 
irhat  purpoK  is  ajigure.j  if  the  tuigect  u  intelUgibU  f  to  vhat 
purpose  if  it  is  not  ijitelliffihle  f  and  in  this  eajing.  He  who  can 
tttduTe  pain,  viiU  teU  He*  under  torture;  he  loAo  cannot  eudur* 
pain  wUl  tell  lies. 

71.  As  there  are  three  parts  of  time,  so  the  order  of  things 
is  comprised  in  three  stages  of  progress  ;  for  everything  has  a 
beginning,  an  ineretae,  and  a  completion;  as  firat,  for  instance, 
there  is  a  quarrel,  then  one  man's  blood  is  shed,  then  that  of 
several.  Here  then  is  an  origin  for  arguments  supportiDg 
one  another ;  for  the  end  ma;  be  inferred  from  the  beginmng ; 
B&  in  the  common  saying,  I  cannot  erpect  a  toga  prateicta  when 
I  lee  the  commencement  of  the  web  black ;  or  the  beginning 
ma;  be  argued  from  the  end ;  as  the  resignation  of  the  dictator' 
fhip  ma;  be  made  an  argument  that  Sglla  did  not  take  arms 
with  the  olyectof  making  himself  a  tyrant.  72.  From  the  in- 
ereaee  of  a  thing,  in  like  manner,  arguments  ma;  be  drawn 
vith  regard  both  t«  its  beginning  and  its  end ;  and  that  not 
only  in  conjectures  as  to  matters  of  fact,  but  in  the  considera- 
tion of  points  of  law  ;  as,  Is  the  end  referable  to  tin  beginning  f 
thatia,  Ought  the  blood'ahed  to  be  imputed  to  him  with  whom 
the  quarrel  began  ? 

73.  Arguments  are  also  drawn  from  nmilaritiea :  If  conti- 
nence be  a  virtue,  abstinence  is  also  a  virtue;  If  a  guardian 
ought  to  give  security,  so  likewise  should  an  agent.  This  argu- 
ment is  of  the  nature  of  tliat  which  the  Greeks  call  iwayuyf, 
CiceroJ  induction.  From  dissimilarities:  If  joy  it  a  good, 
pleasure  is  not  therefore  necessarily  a  good:  What  M  hxw- 
ful  in  regard  to  a  woman,  is  not  also  lawful  in  regard  to  a 
minor  §     From  contrarieties  :  Frugality  is  a  good,  for  ex^ava- 

•  That  ia,  sajB  Tomsbua,  n 
•ophy,  though  ws  are  not  to  ep 
KaaptoleinuB  in  a  tisged;  of  £i 
de  Ont.  ii.  37. 

i-  It  IB  DOt  properl;  n  figure  of  luigunge  or  of  thoui^ht  tbtit  is  bars 
uit«iideil,  hut  that  sort  to  which  QututUisa  alludes,  ix.  1, 14,  and  ot 
which  he  treata  more  fully,  ii.  2,  65 ;  me  aUo  Tii.  4,  28.  It  ia  a  mode 
of  speech  by  which  we  indicate  obacurely  what  we  do  not  wiih  to 
express  plMnJy.     Spatdiig. 

t  Topic,  c.  10 ;  De  Inv.  i.  31, 

S  An  eiarople  front  Cicero,  Topic  c.  11 ;  "If  you  hare  contracted  • 
d*bt  to  a  woman,  jou  cau  pay  ber  witboiit  liaTiiig  recouria  to  > 

D,j,,..;jL,  Google 


mnat  gire  some  a 

ttentioD 

lo  phi 

lo- 

id  our  whole  hves  ii 

lit    A 

»jing 

of 

,iufl,  to  that  effiKb, 

iadted 

b/Ci« 

tro 

850  QtllNTttlAW.  [b.  T. 

game  w  an  tvU  :  If  mar  it  the  eauta  of  mffervisgt,  peace  aiil  bi 
,h«  remedy  of  them :  If  he  detervet  panltm  who  hoM  done  an 
ityury  unawarei,  he  doet  not  merit  rewaid  tcho  ha*  done  a  ler- 
mce  unaware!.  74.  From  contradictiont :  He  who  u  wite,  u 
not  a  fool.  From  contequsnees  or  ai^unoti :  If  juttire  u  a 
good,  m  ought  to  judge  with  jueUee :  If  deceit  w  an  evil,  we 
miut  not  deceive;  snd  such  propoaitions  maj  be  reversed. 
Nor  are  the  argumeotB  that  follow  dissimilar  to  these ;  bo  that 
they  may  properly  be  ranged  under  the  same  h«ad,  to  which, 
indeed,  they  natur&ll;  belong :  What  a  man  never  had  he  h^u 
not  lott :  A  perton  tvhom  we  love  lee  thafl  not  knowingly  itgure : 
For  a  person  v>hom  a  man  ha*  resolved  to  make  hi*  heir,  he  ha* 
had,  ka*,  and  will  have,*  affectum.  But  as  such  arguments  are 
incontroTerUble.  they  partake  of  the  nature  of  necessary  indi- 
cations.t  ?&>  The  latter  sort,  however,  I  call  ailments  from 
what  is  consequent,  or  what  the  Greeks  call  ixfT^irfar,  as  good- 
net!  is  consequent  upon  wisdom  ;  (what  merely  follows,  that  is, 
happens  afterwards,  or  will  be,  I  would  distinguish  by  tho 
Greek  term  ieai$rip,im.)  But  about  names  I  am  not  anxious ; 
every  one  may  use  what  terms  he  pleases,  provided  that  tha 
character  of  the  things  themselves  be  underatood,  and  that 
the  one  be  regarded  as  dependent  on  time,  and  the  other  on 
the  nature  of  things.  76.  Accordii^ly,  I  do  not  hesitate  to 
call{  the  following  forms  of  argument  consequential,  (though 
from  what  precedes  in  order  of  time  they  give  an  indication  of 
what  is  to  follow  in  order  of  time,)  of  which  some  have  s  mglit 
to  make  two  kinds:  the  first  regarding  action,  as  exemplified 
in  Cicero^  speech  for  Oppius  r§  Those  whom  he  could  not  lead 
forth  into  the  provitme  against  their  will,  how  could  he  detain 
against  their  wSif  the  other  regarding  time,  as  shown  in  this 
passage  against  Verres  :||  If  the  Kalends  of  Janttary  put  an 
end  to  the  authority  of  the  prator's  edict,  why  doet  not  the  coin- 

truitee ;  bat  what  yon  ows  to  ■  minar  yon  CMiDot  pty  in  tho  (Hiia 
nuDner." 

*  ffotuit,  haba,  htAebit.]  The  lut  two  worOe  aeam  to  be  but  tittls 
to  thB  purpoM.  It  WAS  for  that  reaaon,  perbjips,  that  Aldiu  oniitted 
tliem ;  but  they  ora  io  all  other  copiaa.     Spalding, 

f  Signontm  imnnitabSimm.]  See  a.  9. 

t  Voeart,  or  lome  auch  verb,  ia  wantiiig  in  tba  text,  aa  Begius  and 
otben  obaerve. 

(  Sect  SB. 

I  Ub.  L  «.  «1. 

Digiiizcdt*  Google 


CH.X.]  KDUCATION    OF  JU4   O&ATOK.  SOI 

viencemait  of  iu  authority  bear  datt  from  th*  Kalendt  of 
January  !  77.  BotL  theae  eutmplea  are  of  such  a  nature  that 
if  you  reverse  the  proposilious  they  lead  to  im  opposite  codcIu- 
sioa  ;  for  it  is  ilso  a  neceasary  consequence  that  they  who  could 
not  have  heeu  ret^ned  against  their  will,  could  not  have  been 
led  forth  agai-iat  their  will.* 

78.  Those  arguments,  too,  which  are  drawn  from  particu 
Jars  that  mutually  support  each  other,  and  which  soma 
rhetoriuiana  wish  to  be  deemed  of  a  peculiar  kind,  (they  call 
them  ix  rajr  v^{  aXkufjit-f  Cicero^  terms  them  ex  rebus  «u6 
eandem  ratwn^n  venientUmg,)  I  would  rank  with  those  of 
necessary  consequence  ;aa,Ifiti3  honourable  for  the  Shodiant 
to  let  their  euttomi,  it  is  alto  homniToHe  in  Hermoereon  to  farm 
tft*m;  and.  what  it  is  proper  to  ham,  it  is  aUo  proper  to  teach, 
19.  Of  which  nature  is  the  happy  saying  of  Domitius  Afer, 
not  expressed  in  this  manner,  but  having  a  similar  eflect :  / 
accused,  you  eoTtdemned,^  There  is  also  a  kind  of  argument 
from  two  propositions  relatively  consequent,  and  which  proves 
the  same  thing  from  opposite  atatcraenta  ;  ss.  He  who  say» 
that  th«  world  wat  produced,  says  also  that  it  wUl  come  to  an 
end ;  for  everythiny  which  is  produced  comes  to  an  end.  80. 
Similar  to  this  is  the  kind  of  argument  hy  which  that  which 
is  done  is  inferred  from  that  which  does,  or  the  contraiy ; 
which  rhetoricians  call  an  argument  from  cautes.  Sometimes 
the  consquence  necessarily  happens,  90v\&ima9  generally,  thougl' 
twt  necessarily.  Thus  a  body,  for  example,  casts  a  shadow  in 
the  light,  and,  wherever  there  is  a  shadow,  it  necessarily  proves 
that  there  is  a  body.  81.  Sometimes,  as  I  said,  the  conse- 
quence is  not  necessaiy,  whether  with  reference  to  the  cause 
and  the  effect  blether,  or  to  the  cause  or  effect  severally. 
Thus,  7%«  sun  darkens  the  skin ;  but  it  does  not  necessarily 
foUow  that  he  whose  sMn  is  dark  has  been  darketied  by  the  sun, 
A  road   makes  a  man   dusty :  but   it  is  not  every  road   that 

*  The  text  bu,  Contegven*  enirn  at  eot,  mti  irmiii  dwn  nan  potvieri'iit, 
invitoe  non  potuuM  rttineti,  bat  it  is  juitly  obssrred  by  Qemer  that 
Uie  infiiiitiTea  ought  to  change  )i1ac«s.  He  tbinkB  th^  the  miataka 
may  hare  been  Quintiliui'B  owu. 

t  AriBtoL  Rhet.  ii.  23,  3. 

J  Db  Inv.  i  20. 

S  There  is  n  aimiJaj'  eipreedon,  u  the  oriticB  have  obBerred,  In  Ovid 
Metam.  liii  BOS.  An  faim  Falantdem  aimne  Utrpe  <tl  AeeueSmt 
wiilii,  M&M  damiadue  decdrwn  I 


D,j,,..;uL,Coo^lc 


352  QDINTILUll.  [b.*. 

throun  up  dmt ;  «or  doe*  ilfoUom  that  every  man  who  u  duntg 
hat  been  on  a  road.  8'i.  Ai^uments  of  necessary  cooBequence 
Lwtli  from  cause  and  effect*  are  such  ns  these :  If  it  u  vntdom 
that  makei  a  man  good,  a  good  man  U  necessarily  ime  ,->an<l 
so,  It  is  the  part  of  a  good  man  to  act  uprightlt/.  of  a  bad  man 
to  act  dialionottrably :  and  aceordmgly  those  icho  act  uprightly 
are  considered  good.and  tltose  who  act  dithonourahly,  bad;  and 
this  is  a  just  conclusion.  But  if  we  eay  that  exercise  generally 
makes  the  body  tlTong,  it  nill  rot  follow  that  whoever  u  strong, 
has  taken  exercise,  or  that  whoeoer  has  taken  exercise,  it  strotig: 
nor,  became  fortitude  secures  ut  from  fearing  death,  will  it 
follow  that  lehoever  does  not  fear  death  is  to  be  thought  a  man 
of  fortitude ;  nor  i/"  the  son  gives  men  the  head-ache,  does  it 
fallow  that  the  sun  is  not  useful  to  men.  83.  The  following 
kind  of  arf^ument  belongs  chieBy  to  the  suasory  department  of 
oratoiy  :  Virtue  confers  glory,  therefore  it  is  to  be  folioieed ; 
pleasure  brings  infamy,  therefore  U  is  to  be  avoided. 

64.  But  we  are  judiciously  admonished  by  writers  on 
oratory  that  causes  are  not  to  be  sought  too  fiu*  back ;  as 
Medea,  for  example,  says  in  the  play.t  "  Would  that  never  in 
the  grove  of  Pelion,"  as  if  "  the  felling  of  a  fir-tree  to  the 
earth "  there  had  had  the  effect  of  producing  her  misery  or 
guilt ;  or  as  Philoctetes  says  to  Parie,^  "  If  you  had  controlled 
your  passioQ,  I  should  not  now  be  miserable ;"  for,  retracing 
causes  in  this  way,  we  may  arrive  at  any  point  whatever. 

e&.  To  these  I  should  think  it  ridiculous  to  add  what  they 
call  the  conjugate  argument,  had  not  Cicero§  introduced  it 
An  example  of  it  is,  Tliat  they  who  do  a  just  thing  do  justly, 
which  certainly  needs  no  proof,  any  more  then  Quod  compas- 
cuitm  est,  compascere  licere,  "  On  a  common  pasture  it  t*  com- 
mon to  every  man  to  send  his  cattle  to  feed,* 

86.  Some  call  those  arguments,  which  I  have  speoified  as 
drawn  from  causes  or  efficients,  by  another  name,*  nZ6.cti(, 

■  Spslding'B  tflit  bu  f<HE  «lt}M  fhmt,  and  be  inierpreta  MtgHe  hj 
■•Kuartd,  but  be  incliaas  to  fiivonr  ufrtn^MC,  which  occun  in  thre* 
njBDiucripto,  and  which  will  eigci^,  u  he  remarks,  A  caiuit  et  ab 
ifeelxbtu. 

i  Eurip.  Med.  T.  3. 

t  Id  the  Pliiloctet«8  of  Aocioa,  us  Philander  Bnppoaoa. 

I  Cio.  Topic  3.     Aristot  Topic,  ii.  3  ;  Rhetor.  L  7,  37. 

I  Sptdding  hu  alieao  nomine ,-  Capperonier  reiulit  alio  nomine  on  tttr 
eonjectiire  or  Kegiiu. 


D,j„.„^L,  Cookie 


CH.  X.]  EDUCATIUH   OF  AN   ORATOR.  353 

that  ia,  utues,  for  nothing  is  indeed  considered  in  them  tut 
how  one  thing  results  from  another. 

Arguments  called  apposite  or  comparative  are  such  as  prove 
the  greater  from  the  leas,  the  less  from  the  greater,  or  equals 
from  equals.  87.  A  conjecture  fthout  a  fact  ia  supported  by 
arguing  from  somelhirig  greater  :  as,  i?  a  man  commita  tacri- 
lege,  ks  wUt  aho  commit  an  ordinary  theft;  from  something 
1^,  as.  He  wfto  readily  and  boldly  tells  a  lie,  mill  commit 
perjury  ,•  from  something  equal,  as.  He  who  ha»  taken  a  hriht 
to  p-onowice  w^uat  judgment,  will  oho  take  a  bribe  to  bear 
falae  mtneu.  88.  A  question  about  a  point  of  law  ia  supported 
in  a  similar  nay:  from  something  greater,  as.  If  it  is  lawfui 
to  kill  an  adulterer,  it  i»  also  lavful  to  scourge  kirn ;  from  some 
thing  less,  as,  If  it  is  lawful  to  kiU  a  thief  in  the  night,  hoic 
much  more  w  ft  lawful  to  kill  an  armed,  robber?  from  some- 
thing equal,  as.  The  puntskmeiU  which  is  justly  pronounced  on 
kim  who  has  kiUed  his  father,  is  also  justly  pronounced  on  Mm 
who  has  kUled  his  mother.  All  these  arguments  find  a  plaice 
iu  causes  in  which  we  proceed  by  sjllogiam,* 

80.  The  following  forms  are  more  suitable  for  questions 
dependent  on  definition  or  quality  if  If  strength  u  good  for , 
bodies,  henlth  it  not  leu  so  :\  If  theft  is  a  cHni«,  muck  more 
is  sacrilege :  If  abstinence  is  a  virtue,  so  is  cotitinenee :  If  the 
world  is  ruled  by  a  providence,  a  state  miist  be  directed  by  a 
government :  If  a  house  cannot  be  built  without  a  plan,  what 
are  ure  to  think  of  the  conduct  of  a  fleet  or  an  army  ?  90.  To 
me  it  would  be  sufBcient  to  notice  this  form  merely  as  a  genus, 
but  it  is  divided  by  others  into  species;  for  arguments  are 
deduced  by  them  from  several  things  to  one,  and  from  one  to 
several,  (as  in  the  common  remark,  What  happens  once,  may 
happen  often,)  from  a  part  to  the  whole,  from  genus  to  species, 
from  that  which  contains  to  that  which  ia  contained,  from  the 
more  difficult  to  the  more  easy,  from  the  more  remote  to  the 

•  m.  a,  IB. 

t  See  b.  iiL  c.  t. 

![  AU  the  oommentatora  luTe  pawed  tliu  senteDce  in  wlenee,  except 
Spalding,  who  it  Btagsered  at  the  oomparisoD  between  the  rcbpeotivt 
Toluei  of  Btraogth  nnd  health,  and  prapoBse  for  nuiiiai  to  read  tnotu'liu 
witli  some  Ruitable  alteration  in  the  ottier  words.  He  sajs  that  he  hat 
met  with  nothing  Bimilor  elsewhere,  1  read  with  Qedoyn,  Si  robvr 
corporibuM  b<mttm  al,  •in  mtntu  loinittu.  Spaldm^'t  text  Laa,  5.  r.  c  t, 
m«»at,m.i. 

D,j„..;^L,Coo^lc 


8ft  J  QuiNTiLUK.  [ar 

nearei,  and  from  tho  opposites  of  all  these  to  their  opposites; 
9 1 .  bat  each  argumeuU  are  all  of  the  same  nature ;  for  the; 
are  drann  from  greater  thin^  and  less,  or  from  things  of 
equal  force ;  and,  if  we  pursue  each  dislinctionB,  there  will  bo 
no  end  of  yarticularization ;  for  the  compatisou  of  thiogs  is 
infinite,  and,  If  we  enumerate  every  kind,  we  must  specify 
things  that  are  mare  pUatant,  more  agreeable,  mare  neeeitary, 
more  hotumrahle,  mare  tuefid.  But  let  me  abstain  from 
speaking  of  more,  lest  I  &11  into  that  prolixity  which  I  wish 
to  avoid.  92.  As  to  the  examples  of  this  kind  of  arguments, 
their  number  is  incalculable;  but  I  will  notice  only  a  very 
few.  From  the  greater,  in  Cicero's  speech  for  Gtecina  :*  Shall 
that  which  alarmt  armed  troop$  be  thought  to  have  cauted  no 
AZomt  in.  a  company  of  laicyen  ?  From  the  eatier,  in  his 
speech  against  Clodius  and  Curio  :t  Contider  whether  you 
andd  m  eatily  have  been  made  praior,  when  he,  to  wAont  you 
had  given  way,  wat  not  made  prator  f  93.  From  the  more 
digicuU,  in  his  speech  far  Ligarius :{  Observe,  I  pray  you, 
Tvbero,  that  I.  who  do  not  heeitate  to  tpeak  of  my  oam  act, 
ipeak  bolMy  of  that  of  lAgariut;  and,  in  the  same  8peeoh,§ 
H<a  Twt  laigariia  ground  for  hope,  when  liberty  it  granted  me 
to  intercede  with  you  even  for  another  f  From  the  less,  in  his 
bpeech  for  Ctecina  :||  h  the  knowledge  tAot  there  were  armed 
men  a  tniffident  ground  for  you  to  prove  that  violence  xoaa  com' 
mitted,  and  is  the/act  of  having  fallen  into  Uieir  hands  aisuffi- 
eieni  t  94.  Tu  sum  up  the  whole  iu  a  few  words,  then,  argu- 
ments are  drawu  from  penont,  cauae»,  placet,  tim«,  (of  which 
we  distinguished  three  part*,  i\ie  preceeUng,  the  coineldent,  and 
the  iutojuent,)  manner,  (that  is,  how  a  thing  has  been  done,) 
ffl«afu,  (under  which  we  included  iswtnanenU,)  definition,  genua, 
tpeeiei,  differences,  pecuivtritiet,  removal,'^  divieion,  beginning, 
itwreate,  completion,  timilarity,  dissimilarity,  eoTttraries,  conse- 

•  C.  16. 

t  Sm  iii,  T,  2. 


X  Cioero  pro  Ligar.  o.  8.  Bat  the  words  in  Cioero  are  greativ  Kt 
mrianoe  iitna  thoae  vfaich  are  givaa  by  Quintiliaa  :  Vide,  mtato,  Ttihero, 
«(,{«■  de  m«D  fiKta  non  dubtitnt  dieert,  de  Ugarii  moti  ondeaM  antftltri. 


I  C.  10. 
I  CIS. 


Digilizcdt^GoOgle    " 


OH.X]  EDUCATION  OF  AK   ORATOR  355 

queneei,  ,eautei,  effeett,  iituet,  eonfieitum,  comparuon;  each  of 
which  is  divided  into  several  species. 

96.  It  seems  necessary  to  be  added  that  ailments  are  dedaced 
not  only  from  acknowledged  &cts,  but  from  fictions  or  supposi- 
doDB,  or,  as  the  Greeks  saj,  xaf  iiritttn :  and  this  kind  of 
arguments  is  found  in  all  the  same  forms  as  the  otber  kinds, 
because  there  may  be  as  many  ei'HKies  of  fictitione  as  of  true 
arguments.  96.  By  using  flctiou,  I  here  mean  advancing 
something,  which,  if  it  were  true,  would  either  solve  a  ques* 
tioa.  or  assist  to  solve  it,  and  then  showing  the  resemblance 
of  the  point  supposed  to  the  point  under  consideration.  That 
young  men,  who  have  not  yet  left  the  school,  may  understand 
this  process  the  better,  I  will  illustrate  it  by  some  examples 
more  suitable  to  tfaat^e.*  97.  The  law  is,  that  ht  who  does 
not  maintain  hi*  parent*  is  to  be  impritoned;  a  man  does  not 
maintain  his  parents,  and  yet  pleads  that  he  ought  not  to  go 
\a  prison  ;  he  will  perhaps  have  recourse  to  supposition,  if  he 
were' a  toldier,  if  hs  were  anii^aaa,^  he  were  ahient  from  home 
on  the  public  s&mice.f  And  to  oppose  the  option^  of  a  man 
distii^uisbed  for  bravery,  we  might  use  the  supposition,  if  he 
askforsi^tremepomer.oT  for  ths  overthrow  of  temples.  98.  This 
is  a  form  of  argument  of  great  force  against  the  letter  of  a  law. 
Cicero  adopts  it  in  his  defence  of  (^ecina:§  whence  you,  or 
your  slave*,  or  your  steward— if  your  stewaird  alone  had  driven 
me  out — hut  if  yon  have  not  even  a  single  slave  InU  him  who 
drove  me  out  — ;  and  there  are  several  other  examples  in 
that  speech.  99.  But  the  same  sort  of  fiction  is  of  great  use 
in  considering  the  quality  of  an  actr||  If  Catiline,  with  the 
troop  of  villaiiu  that  he  took  teitA  him,  eould  judge  o/"  thii 
c^air,  he  would  condemn  Imcvm  Murisna.  It  serves  also  for 
amplification :  Jff  this  had  happened  to  you  at  supper  over  those 

*  That  is,  such  aa  those  to  whioh  tbtij  liaira  been  aooDstoraed  id  the 
•cIuwIb  of  the  rhetoriciauB.    Spalding. 

t  He  will  endeavour  to  show  that  In  the  circumataLces  ia  which  he 
ia  placed,  he  ought  to  be  exempt  from  maintaitiiiig  his  pareats  aa  much 
•■  if  he  were  a  soldier,  &c. 

i  To  those  who  had  displayed  eminent  bravery  in  the  field  permia- 
Bion  was  given  to  chooae  aome  reword.  This  was  a  fertile  sobjact  for 
the  BcliouU,  u  m^  be  asen  in  the  declamations  attributed  to  Seneca 
•nd  Quintilian.     Comp.  vil.  S,  4.     ^ndding. 


$  C.  16.    The  word!  an  tjven  impeifectij  bjr  QiuutiUaD 
I  Pro  HiuiBB.  a.  St. 


A  A  U 

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monttnm  cttpt  of  yotm*  —  and,  ^  tht  repubiic  had  m 

tt)«W.t 

100.  These  are  tlw  mminon  topee  of  proofa  irfaich  ire  find 
spedfled,  and  which  it  is  hardi;  satis&ctorj  to  mention  under 
general  heads,  as  a  numberless  multitude  of  arguments  springs 
from  each  of  diem,  nor,  on  the  other  hand,  does  the  natore  of 
things  allow  ns  to  purane  them  through  all  their  species ;  a 
task  which  tJiose  wbi>  have  attempted  have  iacarred  the  double 
disadvaiitage  of  MTiiig  too  much  and  of  not  saying  all,  101. 
Hence  most  students  of  rhetoric,  when  thej  have  fidlen  iuto 
these  inexplicable  Ubjrintha,  hare,  as  being  fettered  by  the 
inflerible  restrictions  of  rules,  lost  all  power  of  action,  even 
that  which  they  ought  to  have  from  their  own  mind,  and, 
keeping  their  eyes  fixed  tm  a  master,  have  ceased  to  follow  the 
guidance  of  nature.  103.  But  as  it  is  not  sufficient  to  know 
that  ail  prooft  are  to  b«  draam  from  person*  or  from  thingt, 
because  each  of  these  general  heads  branches  out  into  an  iiiii- 
^it;  of  others,  so  be  who  shall  have  leatned  that  ailments  are 
to  be  deduced  team  preceding  or  eoineident  or  tubieqturu  cir> 
eumstances,  will  not  necessari'y  be  qualified  to  judge  what 
arguments  proper  for  an;  particular  cause  are  to  be  deduced 
from  such  circumstances;  103.  especially  as  most  proofe  are 
taken  from  what  ia  inherent  in  the  natvve  of  a  cairae,  and 
have  nothing  in  common  with  any  other  cause:  and  these 
proofs,  while  they  are  the  stroogeat,  are  also  the  least,  obvious, 
because,  thoi^h  we  learn  from  rules  what  is  common  to  all 
caueea,  what  is  peculiar  to  any  particular  cause  we  hare  to  dis- 
coTor  for  ourselves.  104.  This  kind  of  ailments  we  may 
well  call  arguments  from  drcwmtattcet,  (aa  we  cannot  other- 
wise express  the  Greek  word  wtgi«ntai(.)  or  from  those  things 
which  are  proper  to  any  individual  cause.  Thus  in  the  oase 
of  the  priest  guilty  of  tdultery.t  who,  by  virtue  of  the  law  by 
which  ne  had  the  power  of  savii^  a  life,  wished  to  save  his 
own  life,  the  argument  proper  to  the  cause,  in  opposing  him, 

•  00.  PhiUpp.  IL  3S. 

+  Cid.  Cktilin.  L  7. 

i  A.  iMsa  verj  limilu'  to  this  is  treated  in  th«  281^1  of  the  Decla- 
nuHaiii  ■ttributed  tu  QuinUliao,  of  whiok  the  title  is  this :  "  Lot  a 
piievt  have  the  power  of  saving  one  penon  from  cafHtel  pnidshment : 
let  tt  be  lawful  to  kill  adultmrm  :  a  man  sai^rises  a  priest  in  the  com- 
mlnion  of  adultery,  and,  puttjng  him  to  deatii,  tiioogh  he  cUimed  hu 
lift  on  the  ground  of  the  law,  is  aqoased  of  murdac.      SptUdimg, 

D,j„..;^L,  Cookie 


CHS.]  RDUCATtOR  OF  AN  ORATOR.  351 

*(nild  be,  you  aouM  not  save  one  criminal  only, /or,  tfjfou  are 
released,  it  will  not  be  lawful  to  kill  the  aduUeren  ;*  for  tins 
argument  the  law  supplies,  which  prohibits  killing  the  aduU 
teresa  without  the  adulterer.  106.  Thus,  too,  in  that  contro- 
ye'Sj,  it)  which  the  law  is,  that  the  banken  might  pay  the  kalj 
^  what  they  owed,  but  demand  payment  of  the  whois  of  what 
tiiu  diie  to  tA«iR,t  and  one  banker  requires  the  whole  of  hia 
debt  from  another  hanker,  the  proper  argument  for  the 
creditor,  from  the  nature  of  the  cause,  ia,  "  that  it  was  eipreasly 
inserted  in  tlie  law  that  a  banker  might  demand  the  whole 
of  a  debt,  for  with  regard  to  other  people,  there  was  no  need 
of  a  law,  as  evei;  one  had  the  right  of  ezactiog  a  debt 
in  full  except  from  a  banker."J  106.  But  many  new  coiisi> 
deraiions  present  themselves  in  every  kind  of  subject,  and 
especially  in  those  cases  which  depend  upon  writing,  because 
there  is  often  ambiguity,  not  only  in  single  words,  but,  still 
more,  in  words  taken  together,  107.  These  points  for  consi- 
deration must  necessarily  vary,  from  the  complication  of  lawx 
and  other  written  documents  produced  to  support  or  overthrow 
them,  as  one  fact  brings  to  light  another,  and  one  point  of  law 
leads  to  the  consideration  of  another :  as,  I  owed  you  »» 
vwtuy;  why?  you  never  iiMitnonAf  me  for  a  debt;  you  took  no 
interest  from  nu;  you  even  borrowed  money  from  me  yourself, 
A  law  says.  A  ion  who  does  not  defend  kit  father  tehen  accvted 
of  treason  is  to  be  disinherited ;  a  boo  denies  that  he  is  amena- 
ble to  this  law  unUss  his  father  he  acquitted;  and  what  is  his 
proof?  Another  law,  which  sajs  that  he  who  it  found  guilty 
of  treason  is  to  be  sent  into  exile  wUh  his  defender.  108.  Cicero, 
in  his  speech  for  Cluentius,  says  that  Publius  Popilius  and 
Tiberius  Gutta  were  found  guilty,  not  of  having  bribed  the 
judges,  but  of  having  tried  to  bribe  them.     What  is  the  prool'? 

'  Aa  it  ia  wtid  in'tba  dtdamttiaa  jiut  nientimiad  :  Quill  gtud  HU 
pro  duobus  peUbat  t  wun  adtJtera  mm  admUero  hok  polerat  occidi.  So 
Dig.  xlviiL  b,  32 :  Dim  ulntmgue  ocddat ;  iuhk  n  oltertHn  oeadat, 
Uge  ChnuliA  (de  Sic&riu)  rati  trit.  See  Sdholtiiig.  Jumpr.  Ante- 
Ju^  p.  716.    Spalding. 

f  On  this  law  I  caji  thloi*  no  light  eithor  from  tb*  forom  or  tivni 
the  achoaU.     But  tha  utgumeut  of  tha  nraditor  aeama  iacotupleta. 


X  In  conoludiDg  thoa  the  creditor  makai  an  admiaaioa  aguDst  him. 


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358  Quwnuiw.  [b.t. 

That  thtir  aeetuen,  viko  were  themtdvei  /otaid  guilty  of  trging 
to  briia,  vere  reinitattd,  according  to  lam,*  afur  having  proved 
PopUiiu  and  O-utta  gtiUttj  of  Oie  tama  offence. 

109.  But  no  less  care  ought  to  be  takeu  aa  to  what  70a 
advance,  than  as  t«  the  m&nner  in  which  nhat  you  advance  ia 
to  be  proved.  Here  tlie  power  of  inveolion,  if  not  the  great- 
eat,  is  certainlj  the  first  requisite ;  for  as  arrows  are  useless  to 
him  who  knows  not  at  what  he  should  aim,  so  arguments 
are  useless  to  him  who  has  not  ascertiuned  b)  what  point  they 
are  to  be  applied.  110.  This  is  what  cannot  be  attained  I^ 
art ;  and  accordingly,  though  several  orators,  after  having  stn- 
died  the  same  rules,  will  doubtless  use  arguments  of  a  similar 
kind,  yet  some  will  devise  more  arguments  for  their  purpose 
than  others.  Let  the  foUowit^  cause,  which  involves  questions 
by  no  means  common  with  other  causes,  be  given  as  an  exam- 
ple. 111.  >f  h«n  Alexamder  had  demolished  Thebes,  he  found 
a  document  in  which  it  woe  ttated  that  the  Thebant  had  bnl  the 
ThesioHam  a  hundred  talenti.  Of  thit  document  Alexander 
made  a  pretmt  to  the  Thestalians,  at  he  had  had  their  aKietattce 
in  the  tiege.  Bui  tubseyuently,  when  the  Tkebant  were  re-ettab- 
li»hed  by  Ca*iaiider,  they  demanded  payment  of  the  money  frojn 
the  Th^taUam.  The  canse  was  pleaded  before  the  Amphic- 
tyons.  It  was  admitted  that  the  Thebans  had  lent  a  hundred 
talents,  and  had  not  been  repaid.  113.  The  whole  contro- 
versy depends  on  this  point,  that  Alexander  is  said  to  have 
made  the  present  to  the  Thessalians.  But  it  is  admitted  also 
that  no  money  was  given  by  Alexander  to  the  Tbessaliane ; 
and  it  is  therefore  a  question  whether  that  ichich  was  given  was 
the  same  at  if  he  had  given  them  money.  1 18.  Of  what  profit, 
then,  will  grounds  of  argument  be,  unless  1  fiist  settle  that  the 
gift  of  Alexander  teas  of  no  avaU,  that  he  could  not  give,  and 
that  he  did  not  give.  The  commencement  of  the  pleading  on 
the  part  of  the  Thebans  is  at  onoe  eaay  and  such  as  to  conci- 
liate favour,  as  they  seek  to  recover  as  their  right  that  which 
was  taken  from  them  by  force ;  but  then  a  sharp  and  vehe- 
ment dispute  arieee  about  the  rights  of  war,  the  ThessaliaBs 
alleging  that  upon  those  rights  depend  kingdoms  and  people, 
end    the  boundaries  of  nations  and  cities.     lU.  We   have 

■  Whoever  wm  oonvictud  under  my  law,  might,  if  he  pn>T»d 
another  penon  gnilt;  under  the  mme  law,  be  reiiiiStiAod  in  hib  foruiet 
•onditioB.    TunAtu.    See  Dig.  xlviii.  H, 


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CH.!.*)  EDUCATIOM  OP  Alf  OK&TOK  359 

therefore  to  discover,  on  the  other  side,  hon  this  cause  diSera 
from  causes  concerning  other  things  that  fall  into  the  hands  of 
a  conqueror ;  and  the  difficulty  in  this  respect  lies  not  so  much 
in  the  proof  as  in  the  proposition  to  be  advanced.  We  may 
state  in  the  first  place,  that,  m  rtgard  to  wkatettr  can  be  brought 
before  a  court  of  justice  tk^  ri^kt  of  oar  can  have  no  power ;  (Artt 
thin^g  taken  away  by  arms  eannot  be  retained  except  by  armi ; 
that,  cotwequenlly,  ivhere  arm*  prevail,  the  judge  ha*  no  power, 
and  that  when  the  judge  hag  power,  armi  have  rume.  115, 
Such  a  statement  is  first  to  be  made,  that  an  argument,  such 
for  example  as  the  following,  may  be  brought  to  support  it : 
That  priionert  of  war,  if  they  effect  a  return  into  their  country, 
are  at  once  free,  becauee  akat  is  taken  by  force  of  arvu  cannot 
be  held  except  by  force  of  arms.  It  is  peculiar  to  Uie  cause,  also, 
that  the  Amphiutyons  are  the  judges  in  it.  (For,  concerning 
the  same  question,  there  is  one  mode  of  proceeding  before  the 
centumviri  and  another  before  a  private  judge.*) 

]  16.  Od  the  second  head,  we  may  tdlege  that  the  right  f 
to  the  mon^  could  not  have  been  given  by  Alexander  to  the 
Thessalians,  as  right  can  betonff  only  to  him  who  holds  it,  and, 
being  meorporeal,  cannot  be  grasped  in  the  hand  This  is  a  pro- 
position more  difficult  to  conceive,  than  it  is,  when  you  have 
conceived  it.  to  support  it  with  arguments  ;  such,  for  example, 
as  the  following :  that  tJie  condition  of  an  inheritor  is  different 
from  that  of  a  congueivr,  because  right  passes  to  the  one,  and  the 
mere  property  to  the  other.  117.  It  is  also  an  argument  pecu- 
liar to  the  cause  itself  that  the  right  over  what  wot  owing  to  a 
whole  people  could  not  have  passed  into  the  hands  of  the  eon^ 
queror,  becanse  what  a  whole  people  had  lent,  wax  due  to  them 
all,  and  as  long  as  a  single  one  of  them  survived,  he  wag  a 
creditor  for  the  whole  gum ;  and  that  aU  the  Thebam  had  not 
fallen  into  the  power  of  Alexander.     118.  This  argument,  such 

*  iViw/wn  jifdietii,]  Take  otre  not  to  tiks  }*td^  prtvattu  In  tha 
•niue  of  jvdex  eauitx  privata.  For  the  centumviii  tbcnuelTea  wer* 
judges  only  of  privftte  couaes.  But  " primiti  judtrei  were  aucli  u  wera 
appoiDt^d  on  ftitiitntium,  and  on  nuii;  kinde  of  triata,  by  tha  pnetor, 
being  theoiBelvea  altnoat  all  private  iodiTiduiila,  and  accuslomed  to 
bave  the  adaiatance  of  lawyen  Id  their  prooradiaga,  u  AqaQiue  asdatsd 
in  the  cnuee  uf  Quinctlus  in  Cicero  ;  and  it  U  probable  that  there  wai 
no  settled  body  or  order  of  men  from  whom  such  judgea  wen  ehoaea* 
Bach.  HUt.  JuriB.  ii.  1,  OS.     S/ialdiag. 

t  llie  right  to  withhold  the  payment  of  the  moDey  to  the  Tliibaaa, 


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(HIO  QCIKTIUA-T.  [B.  V. 

H  its  forc«,  is  not  u,)hald  b;  eztenud  support,  but  auBlains 
itself  by  itself. 

On  tbe  tAtnf  head  the  commencement  of  tbe  argnmentation 
wil)  rest  on  ifae  more  obvious  aswrtion  that  the  right  did  not 
iis  in  the  rriting*  a  proposition  which  may  be  supportod  by 
many  confirmations.  The  intention  of  Alexander  may  also  be 
bitiiigbt  into  queation,  and  it  may  be  inquired  whether  He  meant 
to  obUge  07  to  deceive  the  Theaaliam.  It  is  likewise  an  argo- 
nieut  peculiar  to  the  cause,  and  the  commencement,  as  it  were, 
of  a  new  discussion,  that  the  Thebani,  even  though  it  be  ad- 
mitted that  th^  lost  their  right,  mtut  be  thought  to  have  recovered 
it  by  their  re  egtabtiihment.  Under  this  head  may  be  inquired, 
too.  what  vera  the  views  of  Casaander?  But  all  pleadii^ 
on  behalf  of  equity  had  tbe  highest  influence  with  the 
Amphictyous. 

.119.  1  make  these  obsenrationB,  not  because  I  think  that 
the  knowledge  of  the  geneml  topics  from  which  arguments  are 
drawn  is  useless,  (for  if  I  had  ijiought  so,  I  shonld  have  given 
no  precepts  respecting  them,)  but  that  those  who  have  studied 
tiiem,  may  not  think  themselves,  wbile  they  neglect  other 
points,  complete  and  consummate  masters  of  their  art ;  and 
may  understand,  that  unless  they  acquire  other  accomplish- 
ments, on  which  I  shall  soon  give  instructions,  they  will  have 
attained  but  dumb  knowledge.  I'^CJ.  For  tbe  powerof  findiug 
arguments  was  not  a.  result  of  the  publication  of  books  on 
rhetoric ;  all  kinds  of  ailments  were  conceived  before  any 
instruction  was  given  respecting  them ;  and  writers  after- 
^vards  published  the  forms  of  them  when  they  were  observed 
and  collected.  It  is  a  proof  of  thin  &ct,  that  writers  on  riietoric 
use  old  examples  of  argumentation,  eitractdng  them  from  the 
oiatois,  and  producing  nothing  new  of  their  own,  or  anything 
thathas  not  been  said  before.  121.  The  real  authors  of  the. 
art,  therefore,  are  the  orators ;  though  certainly  some  thanks 
are  due  to  those  by  whom  our  labour  has  been  diminished ; 
for  the  ailments  which  preceding  orators  have  discovered, 

*  Tba  advocate  of  the  Th^buu  will  aay  that  the  right  of  the 
Thebans  doe*  Dot  properi;  lie  or  conaiat  in  tbe  wHting,  M  rlghi  ia 
iucorporeal,  and  cairnat  be  tnken  in  the  hand  :  and  that,  BowrdlDgly, 
though  Alexuider  Rave  the  TheoslianB  the  document  bj  whith  it 
appeiired  that  they  had  borrovrad  a,  hundred  taleute  from  tbe  Tbelwiii^ 
it  did  not  foUow  that  the  Theeenliani  were  thus  freed  Ijom  tbe  ubligik- 
tioQ  of  payment.     CappcnmMT. 


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CH.  X.")  TOCCATIOH  OF  AK  0R4T0B.  S6I 

one  aft«r  aootlier,  b;  tbe  lud  of  their  uatural  genius,  it  is  nc  t 
iieceseai?  for  us  to  seek,  and  yet  they  are  all  accnrolely  knonu 
to  aa.  Bat  this  is  not  sufficient  to  make  an  orator,  an;  mora 
than  to  have  studied  in  the  palieslra  is  sufficient  to  make  an 
athlete,  unless  the  body  be  also  strengthened  by  exercise,  cci>- 
liiience,  food,  and,  above  all,  by  constitutional  vigour ;  while,  on 
tbe  othe^  hand,  all  these  advantages  are  of  no  avail  without  tbe 
assistance  of  arL 

ISa.  Let  students  of  eloquence  consider  also,  that  every 
point  to  which  1  have  called  their  attention  is  not  to  be  found 
In  every  catise ;  and  that,  when  a  subject  for  discuseiou  is 
brought  before  them,  they  need  not  searcb  for  every  topic  of 
argument,  and  knock  as  it  were,  at  its  door,  to  know  whether 
it  will  answer,  and  serve  to  prove  what  they  desire ;  they  need 
not  do  this,  I  say,  unless  while  they  are  elill  lenmers,  and 
destitute  of  experience.  1S3.  Such  eiamination,  indeed, 
would  render  the  process  of  speaking  infinitely  slow,  if  it  were 
alwa^  necessary  to  examine  the  several  kinds  of  argumeutB, 
and  ascertain,  by  trial,  which  of  them  is  lit  and  propn  for  our 
purpose ;  and  I  know  not  whether  all  rules  for  ailment 
would  not  be  a  hindrance  to  us,  unless  a  certain  peuetralion  of  - 
mind,  engendered  in  us  by  nature  and  exercised  by  study, 
conducted  us  straight  to  all  the  considerations  suited  to.  any 
puticnlar  cause.  134.  For,  as  the  accompaniment  of  a  stringed 
instrument,  when  joined  to  the  notes  of  the  voice,  is  a  gT«at 
assistance  to  it,  yet.  if  tbe  band  of  tbe  player  be  slow,  and 
hesitates  to  which  string  each  note  of  the  voice  corresponds, 
until  every  string  has  been  sounded  and  examined,  it  would  be 
better  for  tbe  singer  to  be  content  with  what  his  nnaesisted 
jtower  of  voice  enables  bim  to  accomplish.  Thus,  too,  our 
aystem  of  study  ought  to  be  fitted  and  applied,  as  it  were,  after 
the  manner  of  a  stringed  instrument,  to  rules  of  this  nature ; 
)fl6,  but  such  an  effect  is  not  to  be  produced  witbout  great 
practice,  in  ord^r  that,  as  the  hand  of  the  musician,  though  be 
be  attending  to  something  else,  is  yet  led  by  habit  to  produce 
grave,  acute,  or  intermediate  notes,-  so  the  variety  and  number 
of  arguments  in  a  case  may  not  embarrass  the  judgment  of  the 
orator,  but  may  present  and  offer  themselves  to  his  aid ;  and 
that,  as  letters  and  syllables  require  no  meditation  on  the  part 
3f  tbe  writer,  so  resBong  nu^  follow  tbe  orator  as  of  their  own 
Rocord. 

D,j,,..;uL,Goo^lc 


CHAPTER  XI. 

Of  •umidw  and  iB^liMin,  S  1 — S.  Of  the  ^Saeaej,  atid  ruiooi 
ipedM,  of  aiuiplM,  (—14.  Of  axamptes  from  th«  fiblca  of  the 
po«ta,  IT,  IS.  FroDi  the  fables  uf  .Xuip,  sad  prOTerb^  IS — SI. 
Contparuoo,  23—25.     Caution  Deeensary  with  respect  t<    "    ~" 


20.  Too  mach  ■ub^divinOD  in  it,  3D,  SI.  CampartKin  of  point 
<rf  law,  SS,  SS.  Atulorr,  SI.  3S.  Anthoritj,  36  -41.  Au^oiit 
of  the  godi,  42.    Of  ttke  judge,  and  of  ^s  adnna  par^,  i 


<rf  law,  32,  SS.    Analorr,  31.  3S.    Anthoritj,  36-41. 

odi,  42.    Of  ttke  judge,  and  of  ^s  adnna  . 

B  and  aathority  not  to  be  unmboTed  amoiig  inaiti&nal 


>^r 


1.  The  third  sort  of  proob,  which  are  introduced  into  causes 
from  without,  the  Greeks  call  raptiil'y/*ar<t :  a  term  which 
the;  appi;  to  all  kinda  of  comparison  of  like  with  like,  and 
especiallj  to  examples  that  rest  on  the  authority  of  history. 
Oar  rhetoricians,  for  the  most  part,  have  preferred  to  give  the 
name  of  eomparUon  to  that  which  the  Greek  calls  ntf  aCoX^, 
and  ID  render  iragidiryiMi  by  exampU.  Eicample  however  par- 
takes of  comparison,  and  comparison  of  example.  2.  For 
myself,  that  I  may  the  better  explua  my  object,  let  me  include 
both  under  the  word  tratiiirji/ui,  and  translate  it  by  example. 
Nor  do  I  fear  that  in  this  respect  I  may  be  thought  at  variance 
ith  Cicero,*  though  hedLitioguishe8eo>Hparuonfrom«:ra»ip^,- 
'for  he  divides  t*^  ai^umentation  into  two  parts,  induction^ 
and  reatonmg.^  as  most  of  the  Greeks  ||  divide  it  into  <ra|a- 
ittyftara  and  Kri;^iifQjU4tra,  and  call  the  «zfaiEi//ua  rhetoticai 
indtustion.  3.  Indeed  the  mode  of  argument  which  Socrates 
chieily  used  was  of  this  nature  ;  for  when  he  had  aeked  a 
number  of  questions,  to  which  his  adversary  was  obliged  to 
reply  in  the  affirmative,  lie  at  last  ii^srred  the  point  about 
u'hich  the  question  was  raised,  and  to  which  his  antaffonist 
Imd  already  admitted  sometbiog  similar ;  this  method  was 
indmtion.  This  cannot  be  done  iu  a  regular  speech  ;  but  what 
U  asked  in  couverfation  is  assumed  in  a  speech.  4.  Suppose 
tliat  a  question  of  this  kind  be  put :  What  i*  ths  moat  nobla 
fruit  f  U  it  not  that  which  m  the  best .'  This  will  at  once  ba 
granted.     And  trkick  u  the  moit  m^U  hone  f    h  it  not  that 

*  Da  Inv,  i,  80. 

t  Vt  Inr.  i.  SI ;  ooinpar*  o.  10,  seoL  73. 

I  EoXXr.yiaflJc- 

I  ArUtot.    BiMi  L  ^  8. 


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CU.XI.J       SDUOATION  OF  AW  ORATOB.  809 

tnhich  i$  the  best  f  This,  and  perhape  more  qnestions  to  th« 
same  effect,  will  readily  be  Eulmitted.  Last  of  all  will  be 
asked  the  queation  with  a  view  to  which  the  others  were  put. 
And  amimg  men  leko  M  the  most  noble  f  Is  it  not  he  vho  it 
fA«  beet  ?  and  this  iubj  also  be  allowed.  5.  This  mode  of 
iuterrogatioD  is  of  great  effect  in  questdoning  witnesses ;  bat 
in  a  coDtinuous  speech  there  is  a  difference ;  for  there  the 
orator  replies  to  himself:  What  fruit  it  the  most  nobUf  The 
beat,  I  ihovld  euppose.  What  horse  f  That  ettreb/  mhith  u  the 
eirtiftesl-  And  thta  he  is  the  best  of  men,  mho  e»eeU  mott,  not 
in  noblenei*  of  birth  bvt  in  merit. 

All  arguments,  therefore,  of  this  kind,  must  either  be  from 
things  eanOar,  or  dissimilar,  or  contrary.  Similitudes  are 
sometimes  sought,  merely  for  the  embellishmeat  of  speech; 
but  I  will  speak  on  that  subject  when  the  pn^ress  of  my 
work  requires  me  to  do  so  ;*  at  present  I  am  to  pursue  what 
relates  to  proof.  6.  Of  all  descriptions  of  proof  the  most  effi- 
cacious ia  that  which  we  properly  term  example  ;  that  is,  the 
adducing  of  some  historical  fact,  or  supposed  lact,  intended  to 
convince  the  hearer  of  that  which  we  desire  to  imprest 
upon  him.  We  must  consider,  therefore,  whether  such 
Uet  is  completely  similar  to  what  we  wish  to  illustrate, 
or  only  partly  so ;  that  ne  may  either  adopt  the  whole  of  it. 
or  only  such  portion  of  it  as  may  serve  our  purpose.  It  is  a 
similitude  when  we  say,  Satumvnua  vat  jvetly  ktUed,  aa  were 
the  Oraccki.  T.  A  dissimilitude,  when  we  say.  Brutus  put  Ai« 
ehUdrm  to  death  for  forming  traitorou*  designs  on  their- 
country ;  ManKus  punished  the  valour  of  hie  eon  with  death. 
A  contrariety,  when  we  say.  Mareellue  restored  the  ornaments 
of  their  city  to  the  Syraeuaans,  who  were  oar  enemies ;  Verres 
took  away  Uke  ornament*  from  our  alliei.f  Proof  in  eulogy 
ire^  has  the  same  three  varieties.  6.  In  regard  also 
'3  of  which  we  may  speak  as  likely  to  hi^pen,!  exhor- 
tation nmwn  from  similar  occurrences  is  of  great  effect ;  as  if 
a  person,  for  example,  on  remarking  that  Dtonytive  requeeted 
guards  for  hie  person,  in  order  that,  with  the  aid  of  their  arm*, 
he  might  make  himself  tifraiit,  should  support  his  remark  with 

•   VIII  S,  72,  ttqg. 

+  Ci<»n>  in  Verr  ir.  B5. 

i  Tbat  is,  in  tbe  epideictic  or  demonstraiiTe  department  of  oratciy 

f  That  ii,  in  the  delibeiative  dapartmant  td  oratoiy. 


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8Bi  QBTimUilr.  [B.T 

the  nample  Aat  Pinttratva  leeured  abtohtte  pmetr  m  Hu  term* 

9.  But,  as  some  examples  axe  whully  aimilar,  anch  as  ths 
last  nhidi  I  gave,  so  there  are  others  bj'  ivhich  an  ailment 
for  the  leas  is  drawn  from  the  greater,  or  an  argument  for  the 
greater  from  the  ksa.  Far  ttie  vioUUion  of  the  marriage-ied 
eititt  have  been  deitroyed  ;*  akat  pani»km«tU  u  proper  to  be 
injiicted  on  an  adaUerer  f — Fbite-plagsrs,  vshen  they  have  re- 
tired from  the  cityif  have  been  puhlidy  recalled:  and  how  much 
more  ought  emment  men  qf  the  city,  Kko  have  deserved  leell  oj 
their  country,  and  vho  have  withdratm  from  popular  odiwn,  to 
be  brought  badt  from  exii£?l  10.  But  unequal  comparisons  are 
of  moet  effect  in  exhortation.  Courage  is  more  deserving  of 
admiratioQ  in  a  woniau  than  in  a  man  ;  and,  therefore,  if  a 
person  ia  to  be  excited  to  a  deed  of  valour,  the  examples  of 
HoratiuB  and  Torquatua  will  not  have  so  much  influence  over 
him  as  that  of  the  woman  b;  whose  hand  Pyrdiua  was  killed ; 
ftud,  to  nerve  a  man  to  die.  the  deaths  of  Galo  and  Scipio  will 
Dot  be  so  efficient  as  tliat  of  Lucretia ;  though  these  are  argu  - 
ments  from  the  greater  to  the  less. 

1 1.  Let  me  then  set  before  my  reader  examples  of  each  of 
these  kinds,  extracted  from  Cicero;  for  from  whom  can  1 
adduce  better  7  An  oxaraple  of  the  iimilar  is  the  following 
from  the  speech  for  Murtena:§  For  it  happened  to  my»elf, 
that  I  stood  catuUdate  vitk  Iw)  patrician*,  the  one  the  most 
abandon^,  and  the  other  the  most  vtrtuov*  and  exceUait  of 
mankind ;  yet  m  dignity  I  tea*  superior  to  Catiline,  and  in 
influenee  to  Galba.  13.  An  argument  from  the  greater  to  the 
less  if  found  in  the  speech  for  Milo  :||  Tliey  deny  that  it  ia 
lawful  for  him,  vjho  amfeeses  that  he  has  killed  a  human  being, 
to  behold  the  Ught  of  day ;  but  in  what  city  it  it,  I  ask,  that 

•  An  slludon  to  the  Trojan  w«r.     ^(iMin^. 

+  IJvy,  ix.  SO  ;  "  The  fluteplayan,  being  prohibited  hy  the  preced- 
ing omaora  froia  haviiiK  their  raaiatsDaDce,  according  to  ancient  usage, 
in  tbe  temple  of  Jupiter,  withdrew,  in  a  bodj,  from  diecnatent,  to 
Tibur  J  BO  Uiet  there  was  nobod;  in  tbe  city  to  supply  music  at  tho 
Mcrifices.  The  eeuate,  actuated  bj  religious  tielingi,  seat  deputiaa  to 
Tibar  to  use  tbcir  effottB  to  effect  the  return  of  those  men,"  ftc  Se« 
also  Val.  Uax.  iL  6,  4.     Spalding. 

t  Applicable  to  tbe  recall  of  Cioero,  as  Qeaner  observes. 

i  c, «. 


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CH.ItI.j  XDDOATION   OF  AH   tWUTOB,  *J65 

these  moft  foolish  of  men  thit»  argue  f  In  that  city  astuTedlt/.vki^ 
now  tkt  first  trial  in  it  for  a  a^tal  offence  in  tht  ease  of  th4 
brave  Horatiut,  who.  tkotigh  the  state  was  not  then  made  free, 
teas  nevertheless  acquitted  in  a  puhlic  assembly  of  the  Boman 
people,  even  though  he  confeued  that  he  had  ktiled  his  sister 
teiA  hit  oim  hand.  Another  from  the  less  to  tlie  greater  ia 
fouud  ill  the  same  speech  :*  I  killed,  not  Spurius  Malius, 
who,  becavie,  by  lowering  the  price  of  com,  and  by  lavishing 
Am  patrittumy,  he  appeared  to  coart  the  populace  too  ntach,  t»- 
curred  the  suspicion  of  aspiring  to  royalty,  de.,  hut  him,  {for 
Milo  would  dare  to  avow  the  act  when  he  had  freed  his  country 
from  petil,)  tafioae  ahamelesa  licejitiousness  was  carried  even  to 
the  omekes  of  the  gods,  &e.,  with  the  irhole  of  the  mTectiv« 
ugainst  CIodiuB. 

13.  Arguments  from  dimmi^or  tjimgs  have  many  sources;  for 
the;  depend  on  kind,  manner,  time,  place,  and  other  circum- 
stances, by  the  aid  of  which  Cicero  f  overthrows  nearly  all  the 
previona  judgments  that  appeared  to  have  been  formed  against 
CInentius,  while,  by  an  example  of  corttrast,  he  attacks  J  at 
the  same  tame  the  animadversion  of  the  censors,  extolling  the 
conduct  of  Scipio  Africanus  who,  when  censor,  had  allowed  it 
knight,  whom  he  had  publicly  pronounc^  to  bave  formally 
committed  pequiy,  to  retain  his  horse.J  because  no  one 
appeared  to  accuse  him,  though  he  himself  offered  to  bear 
witness  to  hia  guilt  if  any  one  thought  proper  to  deny  it. 
Theae  examples  I  do  not  cite  in  the  words  of  Cicero  only  be- 
cause they  are  too  long.  14.  But  there  is  a  short  example  of 
contrast  in  Virgil .  | 

At  non  Ule,  solum  qiia  tt  M«n(trjt,  AdkOUt, 
Taii*  in  hotfe  faii  PrKOao. 
Not  he,  whose  eon  thon  blgelj  oall'it  thyaal^ 
Acbillea,  tlius  to  Priuu  e'er  beluT'd, 
Friam  his  fo«. 

10.  Instances  tajten  from  history  we  may  sometimes  relate 


t   Pro  CTuent.  o.  J8. 

§  Traductn  eguwn.]  "  To  pass  bU  bone.'  On  the  idea  of  Julf  til* 
Roman  kni^ta  pssBed  in  review  before  the  ceniors,  who  daprived  of 
tbeir  hones  Buoh  of  them  as  tbe;  deemed  imwartby  of  beii^  retwoed 
in  the  equeetrian  order. 

11  ^D.  ii.  630. 


D,j„..;uL,  Cookie 


4tfO  QUINTfUAM.  fl.T, 

in  full;  as  Cicero  in  his  speech  for  HUo.*  When  awiUtary 
trihime,  in  the  army  of  Caita  3f<mtu,  and  a  relative  of  that 
general,  offered  dithommrable  titatmtni  to  a  laldier,  he  mat  kUled 
by  the  toldier  whom  he  had  tkvi  invdted ;  for,  being  a  youth  of 
proper  feeling,  he  chore  nUher  la  risk  hie  life  than  to  ruffer  di»- 
honour ;  and  that  «min«nt  commander  accounted  him  blamelea, 
and  inflieted  no  puniihment  on  him.  1 6.  To  other  iniitaitc^ 
it  will  be  sufficient  to  allude,  as  Cicero  in  the  eame  speech  :t 
For  neither  could  ServUiut  Ahala,  or  Pubtiu*  Natiea,  or 
Ijuciut  Opimiui,  or  the  tenate  during  my  eontuhhip,  have  been 
considered  othertriie  than  criminal,  if  it  be  miiawfidfor  wicked 
mtn  to  be  put  to  death.  Such  examples  will  be  introduce*) 
U  greater  or  less  length,  accordit^  as  the;  are  more  or  less 
known,  or  as  the  interest  or  embellislunenl  of  the  sutgect  may 
require. 

17.  The  same  is  the  case  with  regaid  te  examples  taken 
from  fictions  of  the  poets,  except  that  leas  weight  will  be 
attributed  to  them.  How  we  ought  to  treat  tfaem,  Uie  same  ex- 
client  author  and  master  of  eloquence  instructs  us ;  18.  for  en 
example  of  this  kind  also  will  be  found  in  the  speech  already 
cited :  Learned  men,  therefore,  judge*,  have  not  urithout  reaton 
preeerved  the  tradition,  in  _fietitioui  narrative!,  that  he  who  had 
killed  hit  mother  for  the  eaike  of  avenging  hie  father,  teat  ac- 
quitted, when  the  opinion*  of  men  were  divided,  by  the  voice  not 
oiUy  of  a  divinity,  but  of  the  divinity  of  Wiedom  herself.  19. 
Those  moral  fables,  too,  which,  tho«^  they  were  not  the 
invention  of  M>aof,l  (for  Hesiod  appears  to  have  been  the 
original  inventor  of  them,)  are  most  frequently  meutioued 
nuder  the  name  of  .Maop,  are  adapted  to  attract  the  minds, 
especially  of  ntstic  and  illiterate  people,  who  listen  less  suspi- 
oiouHly  than  others  to  fictions,  and,  charmed  by  the  pleasure 
which  they  find  in  them,  put  faith  in  that  which  deligbiu  them. 
QO.  Thus,  Menenius  Agrippa  is  said  to  have  reconciled  the 
people  to  the  senators  by  that  well'knonn  fable  about  the 

•  C.  1.    Sm  aUo  UL  II,  14. 

t  C.  3. 

t  For  obMrntians  on  this  point  Spsldmg  refera  to  Fabrio.  Bibl.  Or. 
•d.  HarL  vaL  L  p.  S24,  tgf.  and  p.  598.  Plotarcb,  Cortiv.  Sept  Sap., 
•ipnssei  himadf  of  the  lame  opinion  ■■  Quiutiliao;  also  Theos. 
ProevDi.  p.  32.  Se«  likewiu  BenUev'i  DlAaeit(iti(m  un  the  Bpiatlas  at 
PbSariiud  F>bl«.af  Jiuw.  ^ 


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CR.il.}  IDPCATIOM  or  AM  OIIATOB.  367 

membera  oF  the  human  body  revolting  againsL  the  belly  ;• 
and  Horace,  even  in  a  regular  poem,  has  not  thought  the  use 
of  this  kind  of  fable  to  be  disdained ;  as  in  the  versee.t 
Quad  dull  vulpa  tegroto  eauia  Itoai,  6.0. 


The  Greoks  called  this  kind  of  composition.  a/(«;4  aimmtlat 
U^Bf,  as  I  remariied,§  and  tuQux6(  :\\  some  of  our  writers  have 
given  it  the  turn  apologatu),^  or  "  apologue,"  which  has  not  . 
been  received  into  general  use.  31.  Similar  to  this  is  that 
sort  of  leafei/ii'a,  which  is,  aa  it  were,  a  shorter  feble.  and  is 
understood  allegorically ;  as  a  person  may  say.  Non  noitrum 
ffmu :  bog  cliteUai :  "  The  burden  is  not  mine ;  the  ox,  as  they 
say,  is  carrying  the  panniers."** 

33.  Next  to  example,  compariton  is  of  the  greatest  effect, 
especially  that  which  is  made  between  things  nearly  equal, 
without  any  mixture  of  metaphor :  At  ikote  aho  have  been 
acautomed  to  receive  tnoney  in  the  Campui  iiartiiu,  are  gene- 
rally moet  advene  to  those  candidate*  lehoM  money  they  tuppoie 
to  be  withheld,  so  judges  of  a  similar  disposition  came  to  tlie 
tribunal  with  a  hoeliie  feeling  towards  the  defendant.  ilA, 
ll»(tiCt>4,  which  Cicero  ft  calls  comparison,  frequently  brings 
things  less  obvious  into  assimilation.  Nor  is  it  only  like  pro- 
ceedings of  men  that  are  compared  by  this  figure,  (as  in  the 
comparison  which  Cicero  makes  in  his  speech  for  Murtena.{{ 
If  those  who  have  already  come  off  the  sea  into  harbour,  are 
accustomed  to  warn,  with  the  greatest  solicitude,  those  who  are 

'  Livy.  il  82. 

f  Hor.  Ep.  i.  1,  73.    QniutiliBD  does  not  quote  eiactly. 

t  RquivilcDt  to  p'0ac>  >  "  tale"  or  "  atoiy  ;"  ue  Od;«.  xiv.  508, 
with  the  note  of  Eoetathius.    Benod,  Op.  el^  DL  200,  cbUb  the  £>bls    . 
of  the  hawk  and  nightingale  alroc     See  also  JEtch.  Ag.  14S2  ;  Soph. 
Phil  1380. 

i  He  refen  no  further  back  than  the  preoedmg  lection.     Spalding. 

H  Faliric.  Bibl.  Or.  ait  tupra. 

■n  I  have  not  seen  this  word  anywhere  else.     Spalding. 

**  Clitella  bovi  nmt  iavpoeila;  ptatie  non  eel  ncetrum  oma,  sed 
fertmtu.  Cicero  Ep.  od  Att.  v.  16.  Scbrffer  de  Re  YehicuUri  ii.  2, 
■u[^>uaea  that  Boi  ClittUas  it  the  communcement  of  a  bble.  I'umisn 
were  for  awei  or  mulea,  not  Tor  oxen. 

ft  De  Inv.  L  30:  lee  olw  Hot.  2  of  thi>  ohaptM. 

tt  C.1 


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SOA 


QUINTn.U)( 


Ktttng  tad  from  the  karhomr,  m  regard  to  tt&rmM,  and  piratm 
and  eoatU,  heeaute  nature  intpirei  ut  with  kindly  /eeUn^ 
toward*  thote  aho  are  entering  on  the  eame  danger*  through 
whith  we  have  patitd,  how,  let  me  aik  you,  itmtt  X,  whojutt  lee 
land  after  long  toseing  on  the  wave*,  /eel  affected  toward*  kim 
'  bj/  whmn  I  »ee  that  the  greatest  tempettt  mutt  be  eneourOered  f) 
but  similitudea  of  this  kind  are  aim  taken  from  dumb  aiiiiaals, 
and  even  from  inanimate  oluecta. 

34,  Since,  too,  the  ■ppeanince  of  like  objects  is  different  in 
different  aapecte,*  I  ought  to  admouiah  the  learner,  that  that 
Bpecies  of  comparison  which  the  Qreeks  ml]  i'ui»,  and  by 
which  the  veiy  image  of  things  or  persons  is  repreeented,  (aa 
Coasiust  says,  for  instance,  0ho  i*  that  making  *uch  grimaces, 
like  ihote  of  an  old  man  with  hit  feet  wraj^ed  in  woolf)  is 
more  rare  in  oratoty  than  that  by  which  what  we  enforce  is 
rendered  more  credible  ;  as,  if  you  should  say  that  the  mind 
ought  t«  be  cultivated,  you  would  compare  it;  with  land,  which. 
if  neglected,  produces  briars  and  thorns,  but,  when  tilled, 
supplies  us  with  fruit:  or,  if  yon  would  exhort  men  to  engage 
in  the  service  of  the  etate,  you  would  show  that  even  bees  and 
ants,  animals  not  only  mute  but  extremely  diminutive,  labour 
nevertheless  in  common.  S5.  Of  this  kind  is  the  following 
comparison  of  Cicero  ;J  At  our  bodiee  can  make  no  vee  of  their 
tevm-al  partt,  th*  nerve*,  or  the  blood,  or  the  limhs,  icitAouI  the 
aid  of  a  mind,  to  it  a  stale  powerUs*  without  laws.  But  as  ho 
borrows  this  comparison  from  the  human  body  in  his  speech 
for  Cluentiua,  so,  in  that  for  CkimeliuB,g  he  adopts  one  from 
horses,  and  in  that  for  Arohias||  one  from  atones.  S6.  Such 
as  the  following  are,  aa  I  said,^  more  ready  \a  present  theni 

•  All  tli«  taita  liave  qwmiam  etniUtait  nlta  faciei  fn  (oft  raivme,  but 
Spalding  obaervei  that  ha  oaa  s«e  no  meaning  in  tali  ratiane,  and 
propusea  to  read  aUd  ratiime,  to  which  I  have  made  my  versioD  cou- 
fonoabla. 

t  Sui^HMed  to  be  Caauiu  of  Parma.  S«e  Smith's  Diet,  of  Or.  uid 
Ri>m.  Biographf.  The  luie  in  the  teit,  Q>ue  ufnm  fadem  larUpedia 
mil  torquena  f  is  thought  to  be  a  scazon  &om  one  of  hia  epigrama. 
Lanipa,  aa  Spalding  remarks,  ma;  mean  nther  that  tlie  old  man'a  feet 
were  wragped  in  woul,  or  that  they  were  soft  and  tender  a»  wool. 

::  Pro  Claent  o.  63. 

g  See  iv.  4,  8. 

II  C.  8. 

^  Such  refetenees  iu  Quiutilian  often  given  great  troahle  to   th* 


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CII.XI.I  EDUCATION  OF  AN   ORATOB.  30U 

selves :  As  nnrtrs  are  inefftcient  without  a  ateenman,  to  ar* 
soldiers  without  a  general. 

But  the  appearance  of  similitude  is  apt  to  mislead  us,  and 
judgmeat  is  according!;  to  be  employed  in  the  use  of  it;  for 
we  must  not  say  that  as  a  n^n>  ship  is  more  serviceable  than  an 
old  one,  10  it  is  Kith  friendahip ;  nor  that,  as  the  uvmnn  it  to 
be  commended  who  is  liberal  of  her  nwney  to  many.  »o  she  it  to 
be  emmnended  who  is  liberal  oj  her  heauty  to  many.  The  allu- 
sions  to  age  and  liberalitg  have  a  similarity  in  these  examples ; 
but  it  is  one  thing  to  be  liberal  of  money,  and  another  to  be 
reckless  of  chastity.  2?.  We  must  thevefure  consider,  above 
all  things,  in  this  kind  of  illustration,  whether  what  we  apply 
is  a  proper  comparison  ;  just  as  in  the  Socralic  mode  of  ques- 
tioning, of  nhich  I  spoke  a  little  abore,*  we  must  take  care 
that  we  do  not  answer  rashly;  as  Xencphon's  wife,  iu  ihe 
Dialogues  of  JEschines  SocraticuB,  makes  inconsiderate  re]i1i(>s 
to  Aspasia;  38.  a  passage  which  Cicero|  translates  thus :  Tell 
me,  I  pray  you,  xnife  of  Xenophon,  if  your  female  neighbour  had 
better  gold  than  you  have,  would  you  prefer  hers  or  your  own  ? 
Hers,  replied  the.  And  if  the  had  dress  and  other  ornameHts 
suited  to  women,  of  more  value  than  those  which  you  have, 
would  you  prefer  your  own  or  hers  ?  Hen,  assuredly,  taid  she. 
Jill  me  then,  added  Aspasia,  if  the  had  a  better  husband  than 
you  have,  wlielher  would  you  prefer  your  huthand  or  hers  t 
29.  At  this  quesuon  the  woman  blushed ;  and  not  without 
reason ;  for  she  liad  uiswered  incautiously  at  firat,  in  say- 
ing that  she  would  lathar  have  her  neighbour's  gold  than 
'ber  own;  as  covetousnesa  is  unjustifiable.  But  if  she  had 
ansjrered  that  she  lyould  prefer  her  own  gold  to  be  like  the 
better  gold  of  her  neighbour,  die  might  then  have  answered, 
consistently  with  modesty,  that  she  would  prefer  her  hosband 
to  be  like  tlie  better  hushand  of  her  neighbour, 

SO.  1  know  that  spme  writers  (lave,  with  usslesa  diligence, 
distinguished  comparison  into  seYprai  almost  imperceptibly 
different  kinds,  and  have  said  that  thiere  is  a  minor  similitude, 

teoder  sad  commeDttitor,  m  it  the  caH  here ;  hut  J  aappoie  tim-t  !>■ 
refera  to  sect.  23.    &^alding, 

•  Sects. 

t  D«  luT.  i.  31.  The  paswge  wu  part  of  a  dialogue  iu  ,£tirh:)lPa 
So^niticus,  eotitled  Aipauii,  icbich  U  now  loat  See  Fabr.  Bibl.  Or. 
tul.  ii.  p.  692,  eJ  Hm-L    ^aMiiy. 


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ITO  qnntriLUK.  [b.  t, 

M  tlwt  of  an  ape  to  a  man,  or  that  of  imperfteUi)  formed  ttatuet 
to  thmr  originaU  ;  and  a  greater  eimilitude,  as  an  egg,  ne  say,  ii 
not  M  Wie  an  egg,  at  de, ;  and  that  there  is  also  limUitude  in 
things  unlike,  as  in  an  ant  and  an  elephant  in  getiuB,  both 
being  animals,  and  dittimUitude  in  things  that  are  like,  aa 
whelpe  are  unlike  to  doge  and  kid*  to  goatt,  for  they  difTer  in 
age.  81.  Thej  say,  too,  that  there  are  different  kinds  of  con- 
trariet :  such  as  an  opponte,  as  night  (o  day ;  such  as  are  kart- 
fill,  as  cold  water  to  fever ;  such  as  are  repugnmit,  as  truth  to 
faleehood;  suoh  as  are  negatively  opposed,  as  hard  tlUngt  to 
thou  which  are  not  hard.  But  1  do  sot  see  that  such  dietiiic- 
tbiis  have  any  great  concern  with  mj  present  subject 

3a.  It  is  more  to  our  purpose  to  observe,  that  ailments 
are  drawn  from  twiilar,  oppotite,  and  dissimilar  points  of  law. 
From  nntiiar,  as  CicerQ  shows,  in  his  Topics,*  that  the  heir,  lo 
whom  the  poieetsion  of  a  hvtuefor  kit  life  hat  been  bequeathed, 
will  not  rebuild  it  if  itfaUt  doum,  because  he  windd  net  replace 
a  tlave  tf  he  thould  die.  From  oppotite  points,  as,  There  is 
no  reaton  why  there  ehotdd  not  be  a  vaUd  marriage  between 
partiei  who  uttite  vith  mutual  content,  even  if  no  contract  hiii 
been  signed ;  for  it  mndd  be  to  no  purpose  that  a  contract  had 
been  signed,  Qil  should  be  proved  that  there  wa*  no  consma  to 
the  marriage.  33.  From  distimilar  points,  as  in  the  speech  of 
Cicero  for  Ceeoina  ;t  Since,  if  any  one  had  compelled  me  to 
q%tit  my  house  by  force,  I  thmtld  have  ground  for  an  action 
•■gainit  him,  shall  I  have  tio  ground  for  action  if  a  man  pre- 
vents me  by  force  from  entering  it.'  Dissimilar  points  may  be 
thus  stated :  If  a  man  who  has  bequeathed  another  ail  his  siher 
may  be  conmd^ed  to  have  left  him  ail  hi*  coined  silver,  it  is  not 
on  that  account  to  be  supposed  that  he  intended  all  that  was  on 
his  hooks  to  be  given  to  him. 

34.  Some  have  separated  analogy  fiojn  limiUtude ;  I  eon- 
eider  it  comprehended  in  aimititude.  For  when  we  saj.  At 
one  is  to  ten,  so  are  ten  to  a  hundred,  there  is  a  similitude,  as 
much  ae  there  is  when  we  aay.  At  is  an  enemy,  to  is  a  bad 
citizen.  But  ailments  from  similitude  are  carried  stiJl 
further ;  as.  If  a  connescion  with  a  male  slave  is  disgraceful  to 
a  mistress,  a  connexion  with  a  female  slave  is  disgraceful  to  a 
master,     ff  pleasure  it  the  chief  obje^  cf  hruXe*,  it  may  alio  b4 

•  CS. 

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ca.xi.}  EDUCAnoN  or  iw  o&atok,  S7I 

that  of  mat,  Sh.  But  an  argument  tiOTa  what  is  diumHar  ia 
the  cases  very  easily  meets  such  propasitions :  It  u  not  tht 
tame  thijig  for  a  master  to  jorm  a  eoiinexioti  tcith  a  Jemidt 
tlaee  ax  Jot  a  miatresi  to  form  one  mtk  a  male  slave ;  or  from 
\rha,t  is  contrary:  Because  it  ia  the  chief  object  of  bmtet,  it 
»houldfor  that  very  reason  not  be  the  chief  object  of  rational 
b«in0t. 

36.  Amoug  external  supports  for  a  cause,  are  also  to  be 
numbered  atuhoritles.  Those  who  follow  the  Greeks,  by  whom 
they  are  termed  xpgiif,  call  them  judtcia  or  judieationee, 
'■judgments"  or  "adjudicationfi,"  not  on  matters  on  which  « 
judicud  sentence  has  been  pronounced,  (fur  such  matters  must 
be  considered  as  precedents,)  but  on  whatever  can  be  adduced 
aa  expressing  the  opinions  of  nations  or  people,  or  of  wise 
men,  eminent  political  clutracters.  or  illustrious  poets.  87.  Nor 
will  even  common  sayings,  established  by  popular  belief,  be 
without  their  use  in  this  way  ;  for  they  are  a  kind  of  testi- 
monies, snd  are  so  much  the  stronger,  as  they  are  not 
invented  to  serve  particular  cases,  but  have  been  said  and 
confirmed*  by  minds  ftee  from  hatred  or  partiality,  merely 
because  they  ajmeared  most  agreeable  to  virtue  and  trutJi. 
38.  If  I  speak  of  the  calamities  of  life,  will  not  the  opinion  of 
those  nationsf  support  me,  who  witness  births  with  tears,  and 
deaths  with  joy?  Or  if  I  recommend  mercy  to  a  judge,  will  it 
not  support  my  application  to  observe  that  the  eminently 
wise  nation  of  the  Athenians  regarded  mercy  not  as  a  mere 
affection  of  the  mind,  but  as  a  deity?t  39.  As  for  the 
precepts  of  the  seven  wise  men,  do  we  not  consider  them  as 
80  many  rules  of  life  ?  If  an  adulteress  is  accused  of  poison- 
ing, does  she  not  seem  already  condemned  by  the  sentence  of 
Gato,  who  said  that  every  aduUereM  ma*  also  ready  to  become  a 
poiionerf  With  maxims  from  the  poets,  not  only  the  compo- 
sitions of  orators  are  filled,  but  the  books  also  of  philosophers 
who,  though  they  think  everything  else  inferior  to  their  own 
teaching  and  writings,  have  yet  not  disdained  to  seek  authority 
*  Dida/iielaque.]  Noae  of  the  commeutaton  tniilu  uiy  lemoA  <N| 
the  word  facta,  ttioagli  Cicero  i«  spaaking  only  of  dida. 

t  As  Uie  Tniud  in  Thmoe,  Herod,  v.  i,  and  tike  Bsaedones,  Fomn 
MeL  JL  1. 

I  Thers  w»  ft  well-known  attar  to  'BXioc,  Hero;  or  Pit;,  In  Um 
fdrnm  at  Atheas ;  see  ApoUod.  BibL  ii.  8,  with  Um  nat«  wF  HeyiM^ 
who  refon  to  Mvaral  other  writen.    SfolMi^. 

B  B  3 

D,j,,..;uL,Coo^lc 


87a  QOumLUH.  \KV. 

from  greitt  namDers  of  Tenes.  40.  Nor  ia  it  a  m«an  example 
of  Che  influence  of  poetry,  that  when  the  Megareans  aiitl 
Athenians  contended  for  the  possesaioo  of  the  isle  of  Salamia. 
the  Megareans  vere  overcome  by  the  Athenians  on  the 
authority  of  a  verse  of  Homor,*  (which,  however,  is  uot  found 
in  every  edition,)  signiffing  that  Ajax  unittd  kit  ti^  trith 
thote  of  the  Atkeriiaiu.  41.  Sayings,  too,  which  have  heen 
generally  received,  become  as  it  were  common  property,  for 
the  very  reason  that  they  have  no  certain  author;  such  as 
ff'kere  there  are  friends,  there  it  wtcUlk  ;  Conscience  u  inttead 
nf  a  tkouiand  tcUntitei  ;f  and,  as  Cicero{  haa  it.  Like  people. 
(II  t(  u  in  the  old  proverb,  ffnierally  join  themtefvet  %eUh  like. 
Such  sayings,  indeed,  would  not  have  endured  from  time 
immemorial,  had  they  not  been  thought  true  bj  eveiybody. 

4-J.  By  some  writers,  the  authority  of  the  gods,  as  given  in 
oniclea,  is  speci6ed  under  this  head,  and  placed,  indeed,  in  t^e 
firet  rank ;  for  instance,  the  oracle  iluit  Sooratet  leas  the  iciseit 
of  mett.  To  this  an  allusion  is  rarely  made,  though  Cicero 
appeals  to  it  in  his  speed)  De  Aratpicvm  rmponstB,  and  in  hia 
oration  against  Catiline,§  when  he  pointi  the  attention  of  the 
peopU  to  the  Uatus  cf  Jvpiter  placed  upon  the  column,  and  in 
pleading  for  Ligarius  ||  when  be  allows  that  the  cauu  of  Caxar 
ia  tite  betltr  at  the  godt  have  given  judgment  to  that  effect. 
Such  attestations,  when  they  are  peculiarly  inherent  in  the 
cnuse,  are  called  divine  testimonies;  when  they  are  adduced  from 
without,  arguments,  i'i.  Sometimes,  too,  we  may  have  an 
opportunity  of  availing  ourselves  of  a  saying  or  act  of  the  judge, 
or  of  our  adversary,  or  of  the  advocate  that  pleads  against  us, 
to  support  the  credit  of  what  we  assert. 

Hence  there  hare  heen  some  that  have  placed  «camplo 
and  aathoritiei  in  the  number  of  inarti^fidal  proof*,  as  the 
orator  does  not  invent  them,  but  merely  adopts  them. 
44,  But  there  is  a  great  difference ;  for  witnesses,  and  exami- 
nations, and  like  matters,  decide  on  the  subject  tliat  is  before  the 

•  n.  it.  658.  See  VilloiBon  Prolag.  in  Hom,;  also  Arirt.  Rfcet  i,  la, 
13;  uid  Strabo  p.  SS4.  Plutunh,  in  hia  Life  of  Solon,  wyii  that  thera 
wai  B  report  that  Solon  forged  the  vena. 

+  This  ii  the  onl;  placa  among  the  sncient  wrlten  in  which  thii 
proverb  appeora  to  occur.     Spiildtnf. 

i  De  Senectota,  C  3. 

I  III.  8.  ». 

I  c.  a. 


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CH.XII.]  EDUCATION    OV  AN   ORATOB.  3T3 

Juc^es  ;  nhile  arguments  /toth  teitluyut,  unless  the;  are  made 
of  SToil,  by  the  ingenuity  of  the  pleader,  to  support  his  alle- 
gations, have  no  force. 


CHAPTER  XII. 


How  Gu-  we  may  OM  doubtful  groundi  of  argument,  §  1 — S.  Soma 
argumenta  to  be  urged  in  >  body,  some  aiogly,  4,  S.  Some  to  be 
carsfHilly  supported,  and  referred  to  partJcuW  pointi  in  our  case, 
S,  7.  Nat  to  be  too  numerous,  8.  Arguments  from  the  cIutbc- 
ten  or  parBoiu,  6 — 13.  Id  what  order  argnmenti  should  be 
adTkuoed,   14.     Quintilian  stotee  summarily  what  others  have 

e'fen  at  gr«ater  length,  15 — 17.    Argument  too  much  neglected 
the  exercises  of  the  schools,  17 — S3. 

1.  SiioH  are  the  notions,  for  the  most  part,  which  I  have 
hitherto  held  concerning  proof,  either  as  coQTejed  to  me  by 
others,  or  as  gathered  from  my  own  experience.  I  have  not 
the  presumption  to  intimate  that  what  1  have  said  on  the  sub- 
ject IB  all  that  can  be  said ;  on  the  oontraiy,  I  exhort  the 
student  to  searclf  after  me,  and  allow  the  posaibility  of  more 
being  discovered  ;  but  whatever  is  added,  will  be  pretty  much 
the  same  with  what  I  have  stated.  I  will  now  subjoin  a  few 
remarks  on  the  mode  in  which  we  must  make  use  of  proofs. 

2.  It  is  generally  laid  doun  as  a  principle  that  a  proof 
must  be  something  certain,  for  how  can  what  is  doubtful  be 
proved  by  what  is  doubtful  ?  Yet  some  things,  which  we  allego 
m  proof  of  something  else,  require  proof  themselves.  You 
A(UaJ  your  ktuha»d,  for  you  wart  an  aduUerest*  Here  we 
miist  bring  proof  as  to  the  adulteiy,  that,  when  that  point 
Wpears  to  be  established,  it  may  become  a  proof  of  the  other 
tmich  is  doubtful.  Your  weapon  viat  found  in  the  body  of  the 
murdtred  man ;  the  accused  denies  that  the  weapon  is  Am  ; 
and  we  must  estflhlish  this  circumstance  in  order  to  prove  the 
charge.  3.  But  it  in  one  of  the  admonitions  neceeearr  to  be 
given  here,  that  no  proofs  are  stnmger  than  those  which  have 
been  shown  to  be  certain  after  having  appeared  to  be  doubtful. 
You  committed  th«  murder,  for  you  had  your  appard  ttamed 
uith  blood,     Bere  the  allegation  that  his  apparel  wot  stained 

•  Comp.  e.  11,  seot.  M 


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S74  OINTILUII.  [B.r 

with  blood  is  not  BO  strong  an  itrgament  gainst  the  aceused 
if  he  admito  it,  as  if  b«  denim  it  and  it  is  proved ;  for  if  h« 
admits  it,  his  apparel  may  have  been  alainea  with  blood  from 
many  causes,  bnt  if  he  denies  it,  he  hinges  his  cause  on  that 
very  point,  and,  if  he  is  convicted  on  that  point,  he  can  make 
no  stand  on  aujrthing  that  follows ;  since  it  will  be  thought 
that  he  would  not  have  had  rocouise  to  falsehood  to  deny  the 
fuct,  if  he  had  not  despured  of  justifying  himself  if  he  ad- 
mitted it. 

i.  We  mnst  insist  on  the  strongest  of  oar  arguments  singly; 
the  weaker  must  be  advanced  in  a  body  ;  for  the  former  kind, 
vhich  are  strong  in  tbemselves,  we  must  not  obscure  by  sur- 
rounding matter,  bat  take  care  that  they  may  appear  exactly 
Bs  they  are ;  the  other  sort,  which  are  naturally  w(^,  will  sup- 
port themselves  by  mutual  aid ;  and,  tlierefore,  if  they  cannot 
prevail  from  being  strong,  they  will  prevail  from  being  nnme- 
lous,  as  the  object  of  all  is  to  establish  the  same  point. 
A.  Thus,  if  any  person  should  accose  another  of  having  killed 
a  man  for  the  sake  of  his  property,  and  should  say.  You 
expected  to  ttieeeed  to  the  inheritance,  and  a  hirge  inheritance 
it  mu ;  you  were  poor,  and  were  greatly  karatted  by  your 
creditor* ;  and  you  hmd  amended  him  to  -whom  you  -were  heir, 
and  kn^w  tjuil  he  intended  to  alter  kit  will;  the  aDegations. 
considered  separately,  have  little  weight  and  nothing  peculiar, 
but,  brought  forward  in  a  body,  thej  produce  a  darning 
effect,  if  not  with  the  force  of  a  thunderbolt,  at  least  with  that 
of  a  shower  of  hail. 

6.  Some  argaments  it  Is  not  suffident  merely  to  advance  ; 
^hey  must  be  supported;  as,  if  yon  say  that  covetoumteu  teas 
the  eauu  of  a  crime,  you  must  show  how  great  the  inftuertee  oj 
eovetoumett  ii;or^  yon  say  anger,  you  mnst  observe  how 
much  pouter  that  pateion  hat  over  ths  mindt  of  mmi ;  tlina 
the  argaments  will  be  both  stronger  in  themselves,  and  will 
appear  with  more  grace,  from  not  presenting,  as  it  were,  their 
limbe  nnapparelled  or  denuded  of  flesh.  7.  If.  again,  we  rest 
a  charge  upon  a  motive  of  hatred,  it  will  be  of  importance  to 
ahow  lather  it  aime  from  envy,  or  from  injury,  or  from  am- 
bition :  whether  it  was  old  or  recent ,-  whether  it  was  entertained 
towards  an  it^erim;  an  equal,  or  a  superior,  a  etranger  or  a 
relative:  for  all  such  circumstances  require  peculiar  coosidora 
lion,  and  most  be  turned  to  ths  advantage  of  the  side  vrhich 


D,j,,..;uL,Coo^|i: 


fA.Zn.]  KDITOATIOH   OF  AX  ORATOB.  87ft 

fre  defflud.  8.  Yet  we  must  not  load  a.  judge  witfa  all  tbe  argu- 
ments that  we  caa  invent ;  for  Buch  sn  accumulation  would 
both  tire  his  patience  and  excite  his  mistruBt,  since  he  can 
hardlj  suppoae  those  proofe  sufficiently  falid,  which  we  our- 
selres,  who  offer  them,  seem  to  regard  as  unsatisfactoiy.  On 
the  other  hand,  to  argue  in  support  of  a  matter  that  is  clear,  is 
as  footiah  as  to  bring  a  common  taper  into  the  briglitest 
flunehine. 

9.  To  these  kinds  of  proof  some  add  those  which  they  call 
pathatie,  vaitirindtt  drawn  from  the  feelings  j*  and  Aristotle, 
indeed,  thinks  that  the  most  powerful  at^ment  on  the  part 
of  him  who  speaks  is  that  ks  he  a  good  man ;  and  as  this  will 
have  the  best  effect,  so  to  teem  good  ranks  nest  to  it,  though 
far  below  it.  10.  Hence  that  noble  defence  of  Scaarus :+ 
Quwtta  Varitu  of  Suero  says  that  ^militu  Seaitmt  hat 
betrayed  the  interests  of  the  people  of  Borne;  Mmiliva  ScauruM 
denies  it.  Iphicrates,  too.  is  said  to  have  Justified  himself  in 
a  similar  manner ;}  for  having  asked  Aristophon,  by  whom,  as 
accuser,  he  was  charged  with  a  like  offence,  teheih^  he  vxndi 
betray  hU  country  on  receiving  a  mm,  of  money,  and  Aristophon. 
having  replied  tbat  he  i>^u1d  not,  Have  I,  then,  r^oined  Iphi- 
crates, done  lehat  you  would  not  do  f  11,  But  we  must 
consider  what  is  the  character  of  the  judge  before  whom  we 
plead,  and  ascertain  what  is  likely  to  appear  mostprobable  to 
him  ;  a  point  on  which  I  have  spoken  §  both  in  my  directions 
regarding  the  exordium,  and  on  those  regarding  deliberative 
oratorr. 

12.  There  is  another  mode  of  proof  in  asseveration :  I  did 
thie :  You  told  me  this :  0  horrUile  deed !  and  the  like.  Such 
BfQmiations  ought  not  to  he  wanting  in  any  pleading,  and,  if 
they  are  wanting,  their  absence  has  a  very  ill  effect.  They 
are  not  to  be  accounted,  however,  as  great  supports,  because 
they  may  he  made  on  either  aide,  in  the  same  cause,  with 
equal  positive ness.  13.  Those  proofs  are  stronger  which  are 
drann  from  the  character  of  a  person,  and  have  some  credible 

•  naflijrfrdc  votant,  d*etat  ex  rfeefitw.]  Tumabna  and  Csppe- 
ronier  think  tlut  we  ahonld  r«d  ^iaat,  which  indeed  Buiti  beM«r 
witti  Quintilias's  remarks,  but  to  which  the  wordi  iiKtas  ex  ogtctifnH 
are  hardly  applicabla 

t  VaL  Mai.  liL  T,  8. 

i  Amtot.  Rhet  iL  98.  7. 

I  IV.  1,  ir-23 ;  ia  8,  Se-Mw 


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STfi  QumnuAir.  [b.t. 

reann  to  snpport  tbera  :  rs,  7t  u  ttol  lUcdy  that  a  mnmded 
man,  or  one  ieho$e  ton  luu  iem  murdered,  uxniU  mMR  to  aeetue 
any  otiter  than  the  guUty  penon;  eutee,  if  he  mote  a  charge 
agmnet  an  itmoeent  perton,  he  leoidd  let  the  ffutUi/  eeeape 
punithment.  It  is  from  such  reasoning  that  fathera  aeek  sup- 
port when  they  accuse  their  sons  ;*  or  otben,  whoerer  the; 
ma;  be,  that  accuse  their  own  relatives. 

11.  It  is  also  inquired,  whether  the  ttrongest  argnmenta 
should  be  placed  iu  front,  that  thej  may  take  forcible  poesession 
<A  the  judge's  mind,  or  in  the  rear,  that  they  may  leave  an  im- 
preasion  upon  it,  or  partly  in  front  and  partly  in  the  rear,  so 
that,  according  to  Homer's  arrangement,t  the  weakest  may  be 
in  the  middle ;  or  whether  they  shonld  be  in  a  progreswve 
order,  commencing  with  the  weakest.  But  the  disposition  of 
the  arguments  must  be  such  as  the  nature  of  the  cause  re- 
quires :  a  rule,  as  I  think,  with  only  one  exception,  that  our 
teriet  mtat  not  detcendfrom  the  ttrmtgeit  to  the  leeakett. 

15.  Contenting  myself  with  giving  these  brief  intimntions 
respecting  ailments,  I  have  offered  them  in  such  a  way  as  to 
show,  with  as  much  clearness  as  I  could,  the  topics  and  heads 
from  which  they  are  derived.  Some  writera  have  descanted 
oil  them  more  diffusely,  having  tbo«^ht  proper  to  speak  of  the 
whole  subject  of  common  places,  and  to  show  in  what  manner 
every  particular  topic  may  be  treated.  Ifl.  But  to  me  such 
detail  appeared  superflaous :  for  it  occnrs  almost  to  every 
person  what  is  to  be  said  against  envy,  or  avarice,  or  a  mali- 
eiou*  witnett,  or  powerful  friende.  and  to  speak  on  all  such 
subjects  would  be  an  endless  task,  as  much  as  if  I  should 
undertake  to  enumerate  all  the  questions,  arguments,  and 
opinions  in  all  coses  now  depending,  or  that  will  ever  arise. 
17.  I  have  not  the  confidence  to  suppose  that  I  have  pointed 
out  all  the  nources  of  argument,  but  I  consider  that  I  have 
specified  the  greater  numbar. 

Such  specification  required  the  greater  care,  as  the  declama- 
tions, in  which  we  used  to  exercise  ourselves,  as  military  men 
with  foilsj,  for  the  battles  of  the  forum,  have  for  some  time 

■  Alleging  tJut  they  would  not  toing  them  to  jndgmant  nalen  thej 
hit  eompelled.    Spaldmg. 

f  Diad.  iv.  299.    See  Cic  de  Omt  iL  7T.    Aleo  vL  4,  32 ;  vii  1,  10. 


lireTeut  them  from  ioflicbng  a  wound.    Cfappcrmwr. 

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OH.XIL]  EDVCATIOK   r>F  AH  ORATOR.  377 

past  departed  fitim  the  true,  resemblance  of  j^l^ing,  and 
being  composed  ineralj  to  please,  are  destitute  of  ligour,  there 
beiug  the  Eame  evil  practice  among  declaimers,  assuredly,  as 
that  which  slave-dealers  adopt,  when  tbey  Xrj  to  add  to  tJie 
beauty  of  young  fellows  by  depriving  them  of  their  virility. 
18.  For  as  slave-dealers  regard  strength  and  tnuscles,  and 
more  especially  the  beard  and  other  distinctions  which  nature 
has  appropriated  to  males,  as  at  vshance  nitb  grace,  and 
eofteu  down,  as  being  harsh,  whatever  would  be  strong  if  it 
were  allowed  its  full  growth,  so  we  cover  the  manly  form  of 
eloijuence,  and  the  ability  of  speakiug  olotiely  and  forcibly, 
with  a  certain  delicate  texture  of  language,  and,  if  our  words 
be  but  smooth  and  elegant,  think  it  of  little  consequence  what 
vigour  they  have.  19.  But  to  me,  who  look  to  nature,  any 
man,  with  the  full  appearance  of  virility,  will  be  more  ^easing 
than  a  eunuch  ;  nor  will  divine  providence  ever  be  so  unfavour- 
able to  its  own  work  as  to  ordain  that  weakness  be  numbered 
among  its  excellences ;  nor  shall  I  think  that  an  animal  is 
made  beautiful  by  the  knife,  which  would  have  been  a  moneter 
if  it  luid  been  bom  in  the  state  to  wbicb  the  knife  has  reduced 
it.  Let  a  deceitful  resemblauce  to  the  female  sex  serve  the 
pui'poses  of  licentiousness  if  it  will,  but  licentiousness  will 
never  attain  such  power  as  to  render  that,  which  it  has  rendered 
valuable  for  its  own  purposes,  also  honourable.  30.  Such  efle* 
minate  el oqueuce,  therefore,  however  audieucee,  overcome  with. 
pleasure,  may  applaud  it,  1  (for  I  shall  speak  what  I  diink) 
shall  never  consider  worthy  of  the  name  of  eloquence, 
language  which  bears  in  it  not  the  least  indication  of  manliness 
or  purity,  to  say  nothing  of  gravity  or  sanctity,  in  the  speaker. 
'il.  When  the  most  eminent  sculptors  and  painters,  if  they 
sought  to  represent  tlie  higbeat  personal  beauty  in  stone  or  on 
cKUvas,  never  fell  into  the  error  of  taking  a  Bogons  or 
Mej^abyzus  for  their  model,  but  choose  a  young  Doryphona,^ 
fitted  alike  for  war  or  the  pal»stra,  and  consider  the  pereona 
of  other  warlike  youths  and  athletes  truly  graceful,  shall  1, 
vho  study  to  form  a  perfect  orator,  give  him,  not  the  arms,  but 
the  tinkling  cymbals,  of  eloquence  ?  22.  Let  the  youth  whom 
I  am  instructing,  therefore,  devote  himself,  as  much  as  be  can, 
to  the  imitation  of  truth,  and,  as  he  ie  to  engage  in  frequent 


D,j„..;uL,  Cookie 


379  QunimjAK.  \».t 

nontesta  in  the  fonim,  let  him  upire  to  tictory  ia  the  schools, 
and  learn  to  strike  at  the  Tital  parts  of  his  ftdvenary  and  to 
protect  his  own.  Let  the  preceptor  exact  such  manly  eierciee 
above  all  things,  and  bestow  the  hi^est  commendation  on  it 
when  it  is  displajed ;  for  thongh  jouth  are  enticed  bj  praise 
to  what  ia  fauhj,  they  nevertheless  rqoice  at  being  com- 
mended for  what  ia  right.  Q3.  At  present,  there  is  this  evil 
amongteachers,  that  they  pass  oter  necessary  points  in  silence, 
and  the  useful  ia  not  numbered  among  the  requisitea  of  elo- 
quence. But  these  matters  have  been  considered  by  me  in 
another  wotli,*  and  must  frequently  be  noticed  in  this.  I 
now  rettiro  to  my  prescribed  course.t 

■  Wbst  work  i*  meant  is  onkniMrD  ;  ptrh&u  the  trsitua  dt  Ca  um 
Corrupta  SlequtxUa,  which  b  lest    See  b.  tl  Introd. 
t  SwiU,6,«);  iu.a,l(  I 


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■3H.XUI.]  fDCCATlOW  or  A 


CHAPTER  XIII. 

Befutation  twofcdd,  g  1.  Why  it  U  mora  difficult  to  defend  tluui  to 
40CUBe,  3,  3.  Deprea^tiaii  not  to  be  adopted  without  tome  ground 
of  defimoo,  i—6.  NotMi^  to  be  gained  by  dlenee  in  regard  to 
natters  thiit  oaoDot  be  defendsd,  T — It.  We  maf  attack  aom*  of 
our  advenaiys  argumeata  ia  a  bod;,  aome  aingly.  13 — 14.  What 
argumeota  may  be  eaailj  refuted,  15,  IS.  Vfiutt  argmaenta  of 
our  Hdversarf  ma;  be  turned  to  our  advantage,  17,  IS.  Han; 
will  Fall  under  conjecture,  deftrnttoo,  quality,  19 — 21.  Some  of 
the  adverMry'e  argumenta  may  be  treated  aa  unworthy  <rf  notine, 
i2.  Frecadenta,  which  he  aaaumea  to  be  i^plicftble  to  kia  Aaae, 
we  muet  endeavour  to  prove  innpplicaUe,  SB,  2*.  We  may  repeat 
the  ■tatementa  of  the  adveraary  so  aa  to  weaken  them,  2G — 27. 
We  may  aometimea  eipoae  the  whole  charge,  aometimes  particular 
parta  of  it,  28.  How  we  make  wgumenta  oommoD  to  both  ddaa 
adverse  to  oa  ;  hovr  diacrepaucieB  in  the  pleading  of  Uia  advraaarj 
aie  to  be  eipoaed,  29 — 33.  Some  bulta  easily  shown,  84,  3S. 
Not  to  neglect  arguments  of  our  adveraaiy,  and  not  to  be  too 
'Uuious  to  refute  tlicm  all,  84,  37.  How  far  we  nhould  spare  our 
advarsary  petaonally.  38 — 44.  Some  plesdera,  in  rodeavouring  to 
eipoae  their  adversariee,  give  occaaiou  against  themaelvea,  4{>-~-48. 
Sometimes,  however,  we  may  represent  tbat  there  are  contradic- 
ticna  in  bis  statements,  49,  GO.  A  pleader  ought  to  appear  con- 
fident of  the  juatioo  of  his  oauae.  61,  62.  Order  which  we  must 
observe  in  aupporting  our  own  argnmenta  and  rafuting  thoee  of 
the  oppoaite  party,  fS— 1!6.  We  mnat  support  our  proofs  and 
refutationa  by  the  power  of  eloquence,  S6— £8.  Fooluh  dispute 
between  Theodoras  and  ApoUodoros,  G9,  60. 

1.  Bsfatatum  may  be  nnderstood  in  two  senses;  fi>r  the 
part  of  the  defeuder  conusts  wholly  in  refutation  ;  and  what* 
ever  is  said  by  either  part;  in  opposition  to  the  other,  requires 
to  be  refuted.  It  is  properly  in  the  latter  sense  that  the 
foorth  place*  is  asaipied  to  it  in  jndioal  [Jea^ings.  fiat  tlM 
maimer  of  conducting  both  is  similar ;  for  the  prindfdeg  ol 
argument  ia  refutation  can  be  drawn  from  no  other  sources 
than  those  used  in  affirmaUon  ;  nor  is  the  nature  of  the  com- 
mon places,  or  thoughts,  or  words,  or  figure8,t  at  all  different. 
%  It  haB,  in  general,  little  to  do  with  moving  the  passions. 

It  is  not  without  reason,  however,  that  it  is  thought  mors 

*  Iliere  an  Sve  parts  in  a  canaa,  or  judicial  pleading,  the  exordium, 
the  statement  of  facta,  the  oonflrmation,  the  refutation,  and  tbe  pero- 
ration.    Oapperonier. 

f-  Thii  woid  ia  to  be  underatood  hen.  apparratly,  in  tbe  aame  aenaa 
as  in  iv.  2, 118.     ^laldin^. 


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wo  QCINTILIAW.  rB.T 

difficult  (m  Cicero*  often  testifies)  to  defend  than  to  aeeutt. 
In  the  first  place,  accuaatioD  is  more  eimple,  for  a  charge  dih; 
be  brought  in  one  waj,  but  maj  be  overthrown  in  manj  ;  and 
it  is  sufficient  for  the  accuser,  in  general,  that  what  he  advances 
appear  true  ;  while  the  defendant  has  to  deny,  to  justify,  to 
take  eseeptions.t  to  excuse,  to  deprecate,  to  sof^n,  la  eitena- 
■te,  to  avert,  to  affect  contempt,^  to  ridicide  ;  and  accordingly, 
on  the  accuser's  side,  the  pleading  is  for  the  most  part  straight* 
forward  and,  so  to  speak,  open-mouthed  ;  while  on  that  of  the 
defendant  a  thousand  turns  and  artifices  are  required. 
3.  The  accuser,  too,  generally  sets  forth  what  he  has  previously 
meditated  «t  leisure  ;  the  defendant  has  frequently  to  oppose 
what  is  entirely  unexpected.  The  accuser  produces  his  wit- 
nesses ;  the  defendant  has  to  refute  him  by  arguments  drawn 
from  the  cause  itself.  The  accuser  finds  matter  for  his  speech 
in  the  odiousness  of  the  charges,§  even  though  they  are  false, 
as  parricide,  for  instance,  or  sacrilege,  or  treachery  to  the 
state ;  which  the  defendant  con  only  deny.  Hence  even  mode- 
rate  speakers  have  succeeded  in  accusations  j  while  none  but 
the  most  eloquent  have  proved  able  defenders  ;  for,  to  dispatch 
what  I  mean  in  a  ivord,  it  is  as  much  more  easy  to  accuse  than 
to  defend,  as  it  is  to  make  wounds  than  to  cure  them. 

4.  It  is  a  point  of  great  importance  to  consider  what  the 
opposite  par^  has  said,  and  in  ahat  manner.  We  must  first 
of  all  examine,  therefore,  whether  that  which  we  have  to 
answer  belongs  properly  to  the  cause,  or  has  been  introduced 
into  it  extrinsically  ;  for  if  it  be  inherent  in  the  cause,  we  must 
either  deny  it,  or  justify  it,  or  prove  that  the  action  is  illegally 
brought ;  besides  these  there  is  scarcely  any  means  of  defence 
in  any  kind  of  trial.  5.  Deprecation,\\  at  least  such  as  is  without 
appearance  of  defence,  is  extremely  rare,   and  before  such 

*  Spalding  obaeiTM  \iitt  he  oattnot  direct  Ilia  Kader  to  any  iptaatf^ 
of  the  kind  in  Cicero.  Tumebiu  refers  to  De  0£  ii  U,  bat  that 
paaaage  ii  luirdlj  applicable  to  tbe  subject;  "another  to  which  he 
refen  in  the  Orator,"  u;b  Spalding,  "  I  cannot  &nd.  That  Cicero  was 
oftener  engnged  in  defences  than  in  aooiuationa  ia  apparent  from  hta 
own  taatimoQj  in  the  Divinatio  in  Ciecilwn,  and  from  nil  speechea." 

t  Iran^fkrat.}  See  note  on  iiL  6,  2S. 

SComp.  iv.  1,  38 ;  v.  IS,  22. 
ABeutalor  cthuhuhii  irnidid,  Ac     Geaner  JubU;  obaervea  that  th« 
repoaitjon  i  should  be  inserted  before  cf' 
I  Coi^p.  rii  4,  IT. 


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CH.XnLJ  KDDCATION  OP  Ut   OBATOB.  381 

judges  onl;  as  are  coufined  to  no  certain  form  of  deciuon;* 
and  even  those  pleadingaf  before  Caius  Ctesar  and  the  Trium- 
viri,  in  behalf  of  men  of  the  opposite  party,  though  they 
depend  chiefly  on  intreaty,  yet  mingle  with  it  some  defensive 
arguments:  for  it  is  surely  the  expression  of  a  bold  defender 
to  exclaim,^  What  object  have  we  had  in  view,  Tabera,  but  that 
we  might  have  the  power  which  Cmtar  now  has  t  6.  But  if  on 
any  occasion,  in  pleading  for  another  before  a  sovereign  prince, 
OF  any  other  personage  who  may  condemn  or  acquit  at  his 
pleasure,  we  have  to  say  that  he  whose  cause  we  undertake  is 
worthy  indeed  of  death,  but  of  such  a  charaxster  (hat  his  life 
may  be  spared  by  a  merciful  judge,  we  must  consider,  first  of 
alt,  that  we  shall  not  have  lo  do  with  an  adversary,  but  with 
an  arbitrator,  and,  in  the  next,  that  we  shall  have  to  adopt  the 
atyle  of  deliberative  rather  than  of  judicial  oratory;  for  we 
shall  have  to  counsel  him  to  prefer  the  praise  of  humanity  to 
the  pleasure  of  vengeance.  7.  As  for  pleadings  before  judges 
that  must  give  seutonce  according  to  kw,  it  would  be  ridicu- 
lous to  offer  precepta  in  regard  to  tiiose  who  confess  their  guilt. 
Charges,  therefore,  which  cannot  be  denied,  or  set  aside  by 
taking  exceptions  on  a  point  of  law,  must  be  justified,  what- 
ever be  their  nature,  or  we  must  abandon  our  cause. 

Of  negation  I  have  specified  two  forms ;  that  tke  matter  in 
question  did  not  happen,  or  that  vihat  did  happen  is  not  tA« 
matter  in  question.  What  uannot  be  justified,  or  set  aside  on 
a  point  of  law,  must  necessarily  be  denied,  not  only  if  a  defini- 
tion of  it  may  prove  in  our  favour,  but  even  if  nothing  but 
simple  denial  is  left  to  us.  B,  If  vitnessea  be  produced,  we 
may  say  much  against  them ;  if  writings,  we  may  descant  on 
the  resemblance  of  hands.  Certainly  nothing  can  be  n'orse 
than  confession.  When  there  is  no  ground  either  for  justifica- 
tion or  denial,  llie  last  resource  for  maintaiuing  our  cause  is 
legal  exception.  9.  But,  it  may  be  said,  there  are  some 
charges  which  can  neither   be  denied  nor  justified,  and  to 

*  Tnmebiu  and  Qadojn  andsntand  judgn  that  are  ibore  tbe  law, 
MS  Bovereign  priDctw,  the  Mnute,  or  tlin  people.  Spalding  thinka  that 
the  allusion  is  to  aucli  judees  ui  are  meiint.  iii.  10,  1,  to  whom  the 
pnetor  might  appoint  mtitat  it  divtnai  ft/naula*  jtuiicandi.  The 
former  nation  asems  to  suit  better  with  what  foUows. 

+  We  have  no  knowledge  of  mf  sudl  plsadings  except  that  01 
Jicero  foi'  Ligarius, 

t  Fro  Ligar.  c  1. 


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388  Quunnutt.  [b  t. 

whidi  110  \e^}  esception  can  be  taken.  A  woman  it  acaued, 
tot  inatance,  0/  adultery,  wAo,  mjler  being  a  mdm  m  jear,  had 
m  child  i  here  there  can  bono  case  for  the  judge.  It  ia,  there- 
fore, most  Ibolishljr  directed  that  what  cannot  be  jostified 
ehould  be  pretended  to  be  forgotten  and  passed  in  silence, 
for  that  is  the  point  oa  which  the  judge  haa  to  proDOimce. 
10.  But  if  wbat  the  accuser  alleges  be  foreign  tu  the  cause, 
or  mere!/  accessory  to  it,  1  should  prd'er  to  say  in  the  d<i- 
fBoce  that  it  has  nothing  to  do  with  the  question,  that  it  is 
needless  to  dwell  upon  it,  and  that  it  is  of  lees  importance 
than  our  advenaiy  represents  it ;  or  I  might,  indeed,  in  such 
■  case,  pardon  the  preteuce  of  foi^etfulneas  to  which  I  just 
now  alluded ;  for  a  good  advocate  oi^ht  not  to  fear  a  slight 
ceoeure  for  negligence  if  he  can  thus  save  his  client 

1 1.  We  must  consider  also  whether  we  ought  to  attack  the 
diargea  of  an  accuser  in  a  body,  or  overthrow  them  one  by  one. 
We  may  assail  a  numberot  once,  if  they  are  either  so  ira^that 
they  may  be  borne  down  in  a  masa,  or  so  annoying  that  it  ia 
not  expedient  to  engeue  them  in  detail ;  for  ve  must  then 
struggle  with  our  whole  ibrce,  and,  if  I  may  be  allowed 
the  expression,  must  fight  with  the  enemy  front  h>  front. 
13.  Sometimes,  if  it  be  difficult  to  refute  the  allegations 
en  the  other  side,  we  may  compare  our  arguments  with 
those  of  our  opponents,  provided  there  be  a  pn>btd>iUty  of 
making  ours  appear  the  stronger.  Such  arguments  against  us 
as  are  strong  from  their  number  must  be  separated  ;  as,  in  the 
example  which  I  gave  a  little  above,y>u  were  the  heir  of  the 
deeeated;  you  vrere poor  j  youvere  haraeted  for  a  large  ttmt  oj 
money  by  your  ereditore ;  you  had  offended  tAa  deeeaud,  and 
you  know  that  hepwpoied  to  aUar  his  viU.  13.  These  arga- 
ments,  taken  together,  have  much  weight;  but  if  you  divide 
them,  and  consider  them  separately,  they  will  be  like  a  great 
fiame,  which  had  its  strength  from  a  li^e  mass  of  fueC  bat 
which  will  dwindle  away  when  that  which  nooiished  it  is  with- 
drawn, or  like  large  riveis,  which,  if  they  ore  divided  into 
rivulets,  become  fordable  in  any  port  The  form  of  our  refu- 
tation, therefore,  mnst  be  adapted  to  the  interest  of  our  cause  ; 
we  may  sometimes  state  the  arguments  of  oar  adversary  sepa- 
rately, and  sometimes  collect  them  into  s  body ;  14.  for,  in 
certain  cases,  wbat  our  opponent  has  deduced  horn  several 
TMUticulars,  it  will  be  sufficient  for  us  to  include  in  a  single 


D,j„..;^L,  Cookie 


CIt.XIIl]  EDUJATtON  OF  AN  ORATOR.  88S 

proposition ;  for  example,  if  the  accnser  shall  «y  that  the 
dot'tiudant  had  many  motives  for  committing  the  crime  with 
which  he  chai^^  him,  we  may,  without  recapitulating  all  the 
alleged  motives,  deny  simply  that  the  argamant  from  the  motives 
onght  to  be  regarded,  because  it  is  oot  to  be  suppoeed  that 
evety  man  who  had  a  motive  for  committing  a  crime  has  com- 
mitted it.  IB.  Yet  it  is  best  for  the  prosecutor,  in  general,  to 
group  arguments  and  for  the  defendant  to  disperse  them. 

But  the  defendant  must  consider  in  what  »iann«rthat  which 
has  been  stated  by  the  prosecutor  must  be  refuted.  If  it  be 
evidently  folse,  it  will  be  sufficient  to  deny  it;  as  Cicero,  in 
pleading  for  Ctuentius,*  denies  that  he,  whom  the  accuser  had 
affirmed  to  have  &llen  down  dead  on  drinking  from  a  cup, 
died  the  same  day.  1 6.  To  refute  allegations  that  are  incon- 
sistent, or  idle,  or  fooHsh,  requires  no  art,  and  it  is  therefore 
unnecessary  to  give  either  precepts  or  examples  ooncemiug 
them.  That  also  which  is  said  to  have  been  done  in  secret, 
(they  call  it  the  ob»cur«  kind  of  charge,  1  and  without  witness 
or  proof,  is  sufficiently  weak  in  itself  (for  it  is  enough  that  the 
adversary  cannot  attest  it) ;  and  it  is  the  same  with  whatever 
has  no  reference  to  the  question.  17,  It  is  the  business  of  a 
pleader,  however,  at  times,  to  represent  the  statements  of  the 
advetaary  in  such  a  way  that  they  inay  either  appear  contra- 
dictory, or  foreign  to  the  question,  or  incredible,  or  snper- 
fluoua,  or  favourable  to  our  side  rather  than  his  own.  ItUa 
charge  againtt  Oppia*\  that  h^  emhszzhd  tkt  provuions  intmded 
for  the  tvldiers ;  a  grave  accusation  ;  but  Cicero  shows  that  it 
was  inconsistent  with  other  charges  brought  by  the  same  pro- 
secutors, who  accused  Oppius,  at  the  same  time,  of  attempting 
to  corrupt  the  soldiers  with  largesses.  18.  Tht  acetuer  ^ 
ConuUut  X  enga^et  to  produce  tntfUHM  of  1&«  law  having  bem 
read  by  him  when  tnimrui  this  charge  Cicero  renders  in- 
effectual by  admitting  it  Qtdntut  Caeiliut  toliciti  the  opieeof 
prosecuting  Verree,  becaute  he  had  been  Verre»'  quaitor;  but 
Cicero  §  made  that  very  circumetance  appear  in  his  own  favour. 


t  Sm  W.  8, 13. 

S  Diviiiat  in  Quint.  CtoeO.  c  3,  B,  11,  et  pudm.  Ba  waa  a  Jaw  by 
birth,  Moording  to  Plutwoh,  life  <rf  Cieero,  m  well  aa  tba  otheif 
C>cilina  muitioned  bj  Quintilian,  iii.  1, 18.    ^xildtv- 


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381  QUlimiJAJf,  [».T. 

19.  As  to  other  chains,  tbu  mode  of  refuting  them  all  is 
much  the  same :  for  they  are  either  to  to  examined  by  conjee- 
tun,  whether  they  are  true  ;  or  by  definition,  whether  they  pro 
{>erly  concern  the  cause ;  or,  with  r^ard  to  their  quality, 
whether  they  are  diahonourabte,  unjust,  scandiLlous,  inhuman, 
cruel,  or  deserve  any  other  designation  that  falls  under  the 
head  of  quality.  SO.  It  is  to  be  considered,  indeed,  not  only 
with  regard  to  the  first  charges  in  an  action,  but  throughout 
the  whole  of  it,  whether  it  be  txettnoehi  rigoTom,  as  that  of 
Labienus  ag^nst  Rahirius,  under  the  lex  perduellionii  ,-*  or  un- 
feeling, as  that  of  Tutoro  agaiiist  Ligarius,  whom  he  accused 
when  an  exile,  and  exerted  himself  to  the  utmost  to  prevent 
Cassar  from  pardoning  him  ;  ot  pretumptu/ms,  as  that  against 
Oppius  when  he  was  accused  on  a  letter  of  Colla.  91,  In 
like  manner  other  actions  may  be  contemplated,  and  show-i  to 
be  rath,  insidimtn,  or  vindictive.  But  the  atron<^st  nllegaiion 
thnt  you  can  biiug  against  an  action,  is,  eithei-  that  it  iii  fraught 
with  danger  to  the  imblic,  as  Cicero  says  in  his  defence  of 
Tullius.t  who  hat  ever  laid  down  lach  a  maxim,  or  to  whom 
eoiild  it  be  permitud  mtkaul  danger  to  the  whole  atmrnmuty,  to 
kiU  a  wan  beeatue  he  sayt  that  he  i»  apprehentive  of  being  lolled 
by  kirn  tX  <>r  to  the  judges  themselves,  as  Cicero,  speaking  for 
Oppius,  exhorts  the  judges  at  some  length  that  they  shoi^d  not 
tanction  that  kind  of  action  agaitiet  the  equettnan  order. 
2-i.  For  some  arguments,  again,  conten^)t  may  be  at  times 

*  RftUrius  wu  od  sged  genalor,  accused  of  haiing  otued  the  deatb 
of  the  Tribane  Ssiuroiaiu,  for^  jemn  after  tint  event  had  taken 
plaoe.  Lahienna  brought  the  charge  KBtiBBt  Mm  at  (he  instigatioii  of 
Julius  Qexar,  wfao  wished  to  det^  the  uniate  from  taking  np  nmvi 
agaiuat  the  popular  part;.  The  accusalioii  was  tqade,  not  on  the 
ground  of  lata  majutot,  as  wae  usual,  but  under  the  old  Ux  per- 
dtidliomi,  the  severity  of  wldoh  is  apparent  from  Livy,  1  26.  The 
duumviri  appointed,  tn  try  the  cause,  in  oonfilrmity  with  that  law, 
were  Julius  CiGftar  himeetf  and  his  relative  Lucius  Cunar,  by  whom  ha 
was  condemned,  and  would  have  been  put  to  death  had  he  not 
Bppealed  to  the  people.  The  people,  too,  would  have  mtilied  his  coii- 
deuustion,  hod  it  not  been  for  a  stratagem  of  Quintus  Mstelius  Cel,n-. 
wbo  removed  the  military  flag  that  waved  over  the  Jiiniouluio,  and 
thus,  accordmg  to  andent  usage,  broke  off  the  proceedioga.  See  Dion 
Cass,  xizvii.  26 — 28 ;  and  Cic.  pro  Ilabino  paBsim. 

+  iv.  2,  ISl. 

Z  fft  if  poeterHU  fxxider^ur,^  For  poah-riit*  Frnncins  would  read 
pofMs,  Cspperonier  jiriil*.  As  the  wont  is  uules^  J  hiive  uot  traua- 
Utedit. 


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H.xni] 


EDDCATIOK   C 


expressed,  as  being  frtTotoiis  or  having  nothing  to  dft  with  the 
'  question  ;  b.  course  which  Cicero  frequently  adopts ;  aod  this 
affectation  of  coDt«mpt  in  sometimes  carried  so  far,  that  we 
trample  with  disdain  as  it  were  upon  that  which  we  ehould  he 
unable  to  refute  bj  regular  ailment. 

23.  But  siuce  the  greater  part  of  such  charges  is  founded 
upon  retemblaneet,*  we  must  use  our  utmost  efforts,  in  refuting 
them,  to  discover  some  discrepancy  in  what  is  stated.  Tliis  is 
most  easily  found  in  legal  questions;  for  the  law,  to  which  wo  ' 
refer,  was  assuredly  made  with  reference  to  other  matters  than 
that  under  consideration ;  and  so  much  more  easily  may  varia- 
tion in  the  different  cases  he  made  to  appear.f  As  to  com- 
parisons drawn  from  brute  animals,  or  inanimate  ol^ects,  it  is 
easy  to  elude  them.  24.  As  to  examples  from  historical  facts, 
if  they  bear  bard  upon  us,  they  may  be  met  in  various  ways ; 
if  they  are  ancient,  we  may  treat  them  aa  fiibulouB ;  if  they 
cannot  be  doubted,  we  may  endeavour  to  show  thai  they  ai'e 
inapplicable  to  the  case  ;  for  it  is  impossible  that  two  cases 
ehooJd  be  alike  in  all  respects ;  for  instance,  if  Scipio  Nasica, 
after  killing  Gracchus,  should  be  defended  on  the  resemblance 
of  his  act  to  that  of  Ahala,}  by  whom  Unlius  was  killed,  it 
may  be  said  that  M^lim  tapired  to  tover^^ty,  hut  that 
Oracchiu  otUy  brouglU  forward  tome  popular  lawi ;  thatAkala 
was  maiter  of  the  hone,  but  Nanea  a  private  indimdual.  If 
all  other  means  fail  us.  we  must  then  see  whether  it  can  be 
shown  that  even  the  fact  adduced  as  a  precedent  was  not  justi- 
fiable. What  is  to  be  understood  with  regard  to  examples,  is 
also  to  be  observed  with  regard  to  previout  jud^fmerUt.^ 

2B.  From  the  remark  which  I  made  above,  that  it  is  of  impor- 
tant to  notice  in  what  manner  {{  the  accuser  stated  his  charges, 
I  wish  it  to  be  understood,  that  if  be  has  expressed  himself  hut 
feebly,  his  very  words  may  be  repeated  by  ourselves ;  or,  if  he 
has  used  fierce  and  violent  language,  we  may  reproduce  his  matter 
in  milder  terms ;  36.  as  Cicero  says  in  his  defence  of  Cornelius, 

■  StmSam  tmutat.')  Tbow  aigomenu  whick  ai*  drawn  d  iMli,  or. 
M  we  now  My,  4  pan.    Capperonier. 

■t-  Scarcely  any  two  caaei  being  Bntiiely  ■uinilK'. 

±  Hi.  T,  ai  !  V.  B,  18. 

9  Dt  Jvditali:)  Judkata  or  prt^judicia,  or  ret  miiea  j)tiicat»,  aow- 
•rraiog  wbkh  see  the  leaond  chkptn  of  tlui  book.    Oopmrptu*-, 

U  iJee  Met.  i. 


D,j„..;uL,Goo^lc 


S88  HVTSTtUAS.  [I.T. 

.  H»tookMdof  tht  tablet  of  the  lav;*  a.uAtiu9weTMyioin.lii 
a  emtain  degrea  (J  d«fereace  to  our  client ;  so  that,  if  ire  hAre 
to  tfvk  on  trahalf  of  a  mui  of  ploamire,  we  may  oteerre  that  a 
rathsrjnt  eouru  of  UJt  ha*  been  imputed  to  him ;  and  bo  ve 
eall  a  penon  Jntgal  instead  of  mggardl^  or  free  aj  tpeeehia- 
ataad  of  elanderoutA  27.  We  must  at  any  rate  take  can  not 
to  repeat  our  adreraary's  chaj^ea  trith  their  proofa,  oi  to 
amplify  any  point  in  them,  unless  such  aa  we  mean  to  ridicule, 
■M  i*  done  in  the  following  passage  from  Cicero  :  \  Fou  Aotw 
bemt  with  the  army,  says  he  ;,  Jot  to  many  yean  you  haw  not 
tet/oot  in  the  Jorvm;  and,  tekmt  you  retumt^terto  !oHg  an 
inUrval  of  Ume,  da  you  eontendfar  kottourt  mtk  thou  who  Ainw 
mod*  the  forum  at  it  were  their  dmeUing-plaee  t  38.  In  replies, 
too,  the  whde  accusation  may  be  sometimes  repeated;  a  mode 
whi^  Oioero  adopts  in  his  d^ence  <^  8caums  with  reference  to 
Boetar.S  speaking  in  the  character  of  bis  antagonist ;  or,  if 
'we  do  not  repeat  the  whole,  we  may  take  parts  of  it,  and  put 
them  t^|0ther,  as  in  Cicero's  defence  of  Varenus  :|  When  A« 
woe  traveUh^  thtmigk  fidd»  and  totttory  placet  «ntA  Pompw- 
lemul  they  met,  at  they  taid,  Ae  tlave*  of  Aneharivt,  whan 
Pompuletuu  «hu  kiUed,  and  Yaren/tit  immediately  aftgr  hwmd, 
amd  kept  in  euttody  tiU  hU  father  thould  ligtt^  what  hewitkad 
to  be  done  leith  him,  Audi  a  mode  may  always  be  adofited 
when  the  order  of  &cta  stated  by  the  accuwr  appears  impro- 
bable, uid  may  be  depri?ed  of  credit  by  a  oomment.  Some- 
times points  which  prqudice  ns  collectively  may  be  separated ; 
and  this  is  genially  the  safest  method.  Sometimes  ue  parts 
of  a  reply  are  naturally  independent  of  each  other ;  of  irtiicb 
DO  example  need  be  given. 

129.  Common  arguments  are  easily  forehanded,  not  only 
because  they  may  be  used  by  either  parl^,  bat  because  they  are 
of  more  service  to  the  d^ndant  than  to  the  fmBecOUa ;  fat  I 
think  it  no  trouble  to  repeat  irtiat  I  have  often  imlimated,^ 


t  Comp.  IV.  3, 117. 
i  ProHunn.o.B. 
S  i*.  1,  SS.    Boumit  WM  bosomiI  of  havtug;  esnted  Um  dm.1h  tl 

I  T.  10,  M. 

5  Qwd  *ap*  aMwt  ]  H  b  eoaJMtnnd  with  gnt*.  fngsnidtT,  aaa,  1 

ink,  on  Tsrj  good  ground*,  by  Qenur,  that  Quintaliaa  had  mad* 


D,j„.„^L,  Cookie 


-CB.xin.]  KDvaavtov  of  ak  oratob.  867 

that  be  who  a  tfae  first  to  employ  a  common  uvument,  rendea 
it  advene  to  him  ;  for  that  is  advene  to  him  which  his  oppoaent 
can  use  equally  well.  *  You  la^itunot probabU  that  Marem 
Catta  eonttmplated  to  great  a  erimt ;  and  it  it  ertdtbU,  the*, 
that  Offiiu  attempted  to  ootnmit  to  ffreat  a  erim*  f  SO.  But 
it  ia  the  part  of  a  skilful  pleader  to  discoTer  in  the  case  ef 
his  adrenai;  particulars  that  are  at  variance  with  one  another, 
or  that  maj  be  made  to  appear  at  variance ;  and  such  oontra- 
dictiotu  are  sometimea  etident  on  the  very  &ce  of  a  statement, 
as  those  noticed  b;  Cicero  on  the  trial  of  Cnlius ;  f  Clodia 
myt  thatthe  lent  CttUut  monet/,  whtcA  ii  atign  of  great  frimtd- 
tkip  en  iurpart ;  yet  aUeget  that  poiton  wai  pr^ared  for  her 
by  CMfiM,  ukieh  u  a  $ign  of  the  tnott  moimt  hatred  on  hit. 
81.  So,  in  his  speech  for  Ligarius,!  Tubero,  says  he,  maiet  it  a 
enmt  m  Ligariut  that  he  teat  in  Africa ;  and  yet  eomptaint 
that  he  himtAf  wot  ttot  advntted  into  Africa  by  Ugarivt.  Some- 
time! an  inadTertent  remark  of  our  opponent  affords  ns  an 
opportnnitj  of  exposing  his  statements ;  an  opportunity  given 
eluefly  by  those  «4io  are  fond  of  fine  thoughts,  and  who, 
enticed  by  some  opening  for  their  eloquence,  do  sot  suffi- 
ciently regard  what  they  assert,  fiiring  their  attention  on  the 
passage  heiwe  them,  and  not  on  the  whole  scope  of  the  cause. 
39.  What  could  appear  more  prejudicial  to  Cluentius  %  than 
the  maik  of  infamy  set  on  bim  by  the  censon  ?  What  could 
have  seemed  more  to  his  disadvantage  than  that  the  son  of 
Egnalins  ||  had  been  disinherited  by  bis  father  for  the  very 
crime  of  cormpt  judgment  by  which  Cluentius  had  procured 
tbe  condemnation  of  Oppianicus  ?  S8.  But  Cicero  shows  that 
tbese  two  &cts  contradict  one  another :  But  I  think  that  you, 
Aeetut,  ihotild  eontider  earefuUy  whether  you  vmt^d  haw  tht 
judgmemt  of  the  ctniorM,  or  that  of  Egnaliut,  to  carry  the  greater 
veight.  If  that  of  Egnaliut,  you  ihmir  that  judgment  Ughl 
mhteh  the  eentort  have  pronounoed  againet  otkert,  for  they 
expelled  thit  very  Egnatiut,  whom  you  rrpreteni  at  a  man  ^ 

Hcit  ranurk  to  hU  pupils  ortlly,  for  there  Is  do  obeervatioo  of  tit* 
ktod  to  be  fonnd  in  the  woric  before  ns.    SpaUing. 

'  Comp.  0.  ». 

+  Cic.  pro  Cid.  0.  U. 

jc.s. 

I  Cic  pro  Cluant.  e.  4S. 

I  The  Km  of  EgnmtiDs  twd  bean  oa*  of  tbe  juditm  oa  the  trie]  of 

Oppuiioiu. 


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SB3  QtmniLuir.  [.b.t. 

mvthorilg,  from  tkt  tenate.  If  thai  of  the  eeniort,  iheg  retained 
EgnaHm*  the  ton,  ahom  hit  father  had  ditinheriled  bg  txereu- 
ing  eetuorial  fitttelion*,  jn  the  lenale,  ahen  theg  ejeeled  hit 
father  from  it, 

34.  As  to  some  faults,  there  is  far  mora  folly  in  committing 
them  than  acutenesa  in  noting  them.  I  mean  Buch  as 
advaodng  a  di»putabU  for  an  inditputabU  argument,  a  contro- 
verted for  an  atknowUdged  fact,  a  point  common  to  moivy  caiuei, 
for  one  peevUar  to  the  cause  in  h&nd,  or  introducing  anything 
vulgar,  tujmflutni4,  too  lots  for  the  jntrpote,  or  meradAle.  For 
it  is  incident  to  incautious  speakers  to  af^ramte  B  chaise, 
when  it  is  still  to  be  proved  ;  to  dispute  about  an  act  when 
the  question  is  about  the  agent ;  to  attempt  ivhat  is  impossi- 
ble ;  to  break  off  a  diacusaion  as  finished  irhen  it  is  scarcely 
commenced ;  to  prefer  speaking  of  the  party  instead  of  tba 
cause  1  to  attribute  to  things  the  faults  of  persons,  at,  for 
example,  aecueing  the  decemviral  poaer  imtead  qf  Jppivt ;  to 
contradict  what  is  evident ;  to  say  what  may  be  taken  in 
another  sense  from  that  which  they  intend ;  to  lose  sight  of 
the  main  point  of  the  cause  ;  to  reply  to  something  that  is  not 
asserted.  35.  This  mode  of  reply,  indeed,  may  be  sidopted  as  an 
artifice  in  some  cases,  as  when  a  bad  cause  requires  to  be  sup- 
ported by  foreign  aid ;  thus  HA«n  Yerrei*  vat  accvted  fff 
eMortion.  he  aai  defended  for  having  bravely  and  actively 
defended  Sicily  againit  piratet. 

36.  The  same  rulee  may  be  given  with  regard  to  olgectiotiB 
that  we  may  have  to  encounter ;  but  they  require  the  mors 
attention  in  this  case,  as  many  speakere  fall  into  two  oppo^te 
errors  as  to  otgections.  Some,  even  in  the  fonim,  n^lect  them 
as  matten  troublesome  and  disagreeable,  and  content,  for  the 
moat  part,  with  what  they  have  premeditated,  speak  as  if  the^ 
had  no  opponent ;  an  error  which  is  still  more  common  in  the 
schools,  in  which  not  only  are  objections  disregarded,  but  the 
declamations  themselves  are  in  general  so  framed,  that  nothing 
can  be  said  on  the  opposite  side.  37.  Others,  erring  from  too 
great  caution,  think,  that  th^  must  reply,  if  not  to  eveiy  word, 
at  least  to  evei^  thought  or  insinuation,  even  the  lightest,  of 
their  adversary ;  a  task  which  is  endless  and  enper&uoua ;  for 
then  it  is  the  cause  that  is  refuted,  and  not  the  pleader.  For 
my  own  part,  I  shall  consider  a  speaker  qloqueut  only  when 
•  dono  in  Vmt,  v.  1,  •  - 


D,j,,..;uL,Coo^|i: 


OB.  XIII.]  BDDCATIOH  OP  AM   OHATOR.  889 

be  speaks  in  such  a  way  that  whatever  he  sajs  to  benefit  his 
party,  the  credit  of  it  may  seem  to  be  due  to  bis  talent  and 
not  to  his  cause,  and,  if  he  says  anything  to  injure  his  party, 
the  blame  of  it  may  seem  attributable  to  his  cause  and  not  to 
his  talent. 

88,  Invectives,  such  aa  that  against  Rdlus*  for  the 
obscurity  of  his  language,  against  Fisoj'  for  his  foolishness  of 
speech,  against  Antonyj  for  his  iKnorance  of  things  and 
words,  as  well  for  his  stolidity,  are  allowed  to  passion  or  just 
resentment,  and  are  of  effect  in  exciting  dislike  towards  those 
whom  the  speaker  may  wish  to  render  hateful.  89.  The  mode  of 
reply  adopted  towards  advocates  should  be  different ;  though  at 
times  not  only  their  mode  of  speech,  but  even  their  character, 
their  look,  their  walk,  their  air,  ar«  eiccusably  attacked ;  as 
Cicero,  in  speaking  against  Quintiua,§  assails  not  only  such 
personal  peculiarities,  but  even  hit  purple-bordered  toga 
dexeending  to  hit  heels ;  for  Quintius  had  pressed  hard  upon 
Oluentius  by  his  turbulent  harangues. 

40.  Sometimes,  for  the  purpose  of  efiacing  an  unpleasant 
'  impression,  what  is  said  severely  by  one  parly  is  eluded  with  a 
jest  by  the  other.  In  this  way  Triarius  was  mocked  by 
Cicero  ;  for  when  he  bad  observed  that  the  pillars  of  the  house 
of  ScauruB  were  conveyed  through  the  city  on  waggons,  Cicero 
retorted.  And  I,  who  have  piUars  Jrom  the  Alhan  mount,  had 
them  hrought  in  panniers.  Such  ridicule  is  more  freely  allowed 
against  an  accuser,  whom  concern  for  his  client  sometimes  leads 
a  defender  to  assail  with  severity.  41.  But  what  is  allowed 
agiunst  all  plvadera,  without  auy  violation  of  good  manners,  is 
complaint,  if  they  can  be  said  to  have  craftily  passed  in  silence, 
or  abbreviated,  or  obscured,  or  put  off  any  point.  43.  A 
change  in  the  direction  of  the  defence,  too,  is  often  a  subject  of 
blame ;  a  point  on  which  AcciuslJ  objects  in  pleading  against 
CluentiuB,  and  .^schinesIF  in  his  speech  against  Ctesiphon, 
Accius  complaining  that  Cicero  would  adhere  only  t«  the  letter 
of  the  law,  and  Machines  that  Demosthenes  would  eay  nothing 


t  Philipp.  iL  4 ;  iii. 
g  Cic.  pro  Claeni  c 
|{  Cic  pro  CluBnt.  o. 
\  CoD^ilL  6,8. 


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t90  ^mrrauiT.  [b.t, 

•n  the  Bal)}ect  of  tfae  hir.  Bat  oar  deelaimers  should  b» 
Mpeciollf  admoniEhed  not  to  OBer  inch  olgectitHiB  as  ma;  bo 
easilj  answered,  or  imagine  that  their  opponent  is  an  absolute 
fool.  But  as  fertile  common-placee,  and  thonghts  that  may 
please  the  multitude,  occur  to  ub,  we  make  to  ouraelres  niattet 
for  our  speeches,  moulding  it  to  ourfauc;;  so  that  this  Terse 
maj  be  not  dieadTantageouslj  borne  in  mind : 
Kon  noli  rttpoitdil ;  noli  en 

■  noOMOM;  tlutt 

w  only  oonU  th'  ot^acUon  fit 

43.  Such  a  pmctioe  will  be  fatal  to  ns  in  die  foram,  where 
we  shall  hsTS  to  reply  to  onr  adTereary,  and  not  to  onrselTes. 
It  is  said  that  Aeciiu  being  asked  why  he  did  not  plead  causes, 
when  be  displsjed  in  his  tragedies  such  power  in  making 
able  replies,  gave  this  reason,  that  on  the  ttagt  he  maie  kit 
eharactwri  gay  what  he  vi»ked,  but  that  in  the  forum  hi$ 
advenariet  would  tay  what  he  did  not  teith.  41,  It  is  there- 
fore ridiculons  in  exercises  which  are  preparatoiy  to  the  forum, 
to  consider  what  reply  may  be  made  before  we  consider  what 
ol^ectiona  may  be  offered ;  and  a  good  teacher  ought  to  com- 
mend  a  pupil  when  he  ably  imagines  anything  favourable  to 
the  opposite  side  as  much  as  when  he  conceives  anything 
serviceable  to  his  own. 

46.  There  is  another  practice  with  regard  to  olijections  that 
seems  to  be  always  perm^aible  in  the  schools,  but  ought  rarely 
to  be  allowed  iu  the  forum.  For  where  when  we  have  to  speak 
first  on  the  ride  of  the  prosecutor.t  in  a  real  cause,  how  can 
we  make  replies  to  olfjections,  when  our  opponent  has  not  yet 
spoken  ?  46.  Many  qteakers,  however,  &11  into  this  absurdity, 
whether  from  a  habit  contracted  in  tfae  schools,  or  from  fond- 
ness for  speaking,  ftnd  afford  amusement  and  sport  to  those 
who  answer  them,  and  who  sometimes  jestingly  remark  that 
they  taid  ttothinif,  and  could  have  laid  nothing  to  fooUah  j 
somelimee,  that  thei/  have  been  well  reminded  by  their  opponent, 
end  thank  him  /or  hit  aetiitanee ;  but  most  frequently,  what  is, 
indeed,  a  very  strong  ailment  in  their  favour,  that  their  oppo 

*  WhraM  tliis  vens  cornea,  saji  Spalding  I  know  not.  I  have 
borrowed  Oathrie'i  tnnalstioD  of  it. 

f  Nam  loco  d  ftUlfirt  jyrimo  ]  Qiiuido  piiioo  looo  di<niaiw  A  pctUon, 
id  Mt,  in  gratiam  petitoris.     OapptnmitT. 


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^.XIII-J  XDUCATIOir  OF  AH  ORiTOK.  Stl 

»9nt  vould  never  hmve  rtfliei  to  olyeetion*  thai  had  mf  hee* 
t»ad»,  itnle$»  he  knete  tAol  ncA  of^eetiotu  were  ttell  fimnded, 
and  h«d  been  impelled  to  aeknotcMge  their  juttiee  bv  the  voiee 
of  conieienee.  47.  Thus  Cicero,  in  bis  speech  tor  Cluendus  • 
a&;8,  YoM  have  reftatedly  obterted,  that  gou  are  informed  that 
T  inteTid  to  defend  thi*  eatue  by  the  aid  of  the  letter  of  the  law, 
fa  it  to  t  Am  I  then  to  utppoti  that  t  am  tecretig  betrayed  by 
my  friend*  1  It  there  tome  one  among  thou,  tehom  I  faneg  to 
be  my  friend*,  that  report*  my  detigw  to  the  eiiciiiy  f  Who  i» 
it  that  (old  yon  of  my  intention  f  Who  hat  been  to  perfidioiti .' 
To  whom  have  I  eommttniealed  itf  No  fm«,  /  eoaeeive,  it 
to  blamei  it  mu,  donbttett,  the  law  iUelf  that  informed  you. 
48.  But  some,  not  content  with  answering  imagiiuuy  objec- 
tions, amplify  whoie  portions  of  them,  saying  that  they  knew 
the  oppotite  party  would  toy  to  and  to,  and  tttpport  their 
atterlion*  uilh  tuch  and  tack  aryamentt.  This  practice  Vibios 
CrispoB,  a  man  of  pleasing  and  refined  humour,  very  happily 
ridiculed  when  1  ^ras  at  the  bar :  /,  soiJ  he,  in  reply  to  an 
opponent  of  that  sort,  do  not  make  thoie  tbjeetiont,  for  to  what 
pvrpote  it  it  that  they  should  be  twice  madef  49,  Some- 
times, bofrever,  something  like  an  answer  to  an  objection  may 
be  mode,  if  anything  be  comprised  in  the  depositions  on  the 
part  oi  the  adversary  be  diacusBed  in  a  private  consultation  of 
advocatea.t  for  we  shall  then  reply  to  something  said  by  the 
opposite  party  and  not  to  anything  imagined  by  ouraelvea  ;  or 
if  the  cause  be  of  such  a  nature  that  we  can  slate  certain 
objections  besides  which  no  others  can  be  offered ;  as,  for 
example,  when  stolen  goods  are  found  in  a  house,  he  who  is 
accused  of  having  stolen  them  must,  if  he  deny  tho  charge, 
necessarily  say  either  that  they  were  brought  thither  aUhout  hi* 
knoaledge,  or  depotited  with  him,  Ot given  to  him;  to  all  which 
allegations  we  may  reply,  even  though  they  have  not  been 
advanced,  50.  In  the  schools,  too,  we  may  veiy  properly 
obviate  objectioDS,^  so  as  to  exercise  ourselvci  for  speaking  in 


tha  ftdvouBitw.     Spaldmg.    '*  Patronorum  et  unicorum  eouulta^HM." 

t  At  in  tiAolit  rteti  tl  tontradieiionibut  oentrmMU,  mt  in  vtrwaqm 
lotum,  id  til  prnnum  Et  leaaulim,  nmvl  extretamMT.]  This  ia  th«  form 
io  vMch  Sp^dinc  givea  thia  pasaage.  Bat  the  oopiM  tkij.  Som*  of 
the  lEUitucriiiti  have  rtcli  el  fUtmrHHu  amiradielioitibiie.    TunMbua 


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$93  qvlMTIUAM.  [a  r 

both  flisxa,  the  first  and  tlie  second,  on  the  aide  of  the  proae- 
cuton  Unless  we  do  bo,  ve  shall  oever  acquire  pi^tice  in 
combating  objections,  as  ne  have  no  adverBary  to  whom  wo  arc 
called  upon  to  reply. 

SI.  It  is  also  a  fikult  in  a  pleader  to  be  too  anxums,  and  to 
labour  at  removing  every  thing  that  etands  in  his  nay ;  for 
such  solicitude  excites  distrust  in  the  judge  ;  and  veiy  he- 
quent'y  arguments,  which,  if  stated  off  hand,  would  have  re- 
moved all  doubt,  but  which  are  tardily  advanced  through 
excessive  precaution,  lose  credit,  because  the  advocate  himself 
seems  to  tbiok  something  additional  necessaiy  to  support 
what  he  alleges.  An  orator,  therefore,  should  carry  confidence 
iit  his  manner,  and  speak  as  if  he  had  the  highest  assurance 
of  the  success  of  bis  cause,  b-i.  This  quality,  like  all  others, 
18  eminently  apparent  in  Cicero  ;  for  his  extraordinary  affecta- 
tion of  security  is  like  security  itself ;  and  there  is  such  autho- 
rity in  his  language  as  supplies  the  place  of  proof,  so  that  ne 
do  not  venture  to  doubt  his  statements.  But  he  who  can  jter- 
ceive  what  is  the  strongest  point  in  his  adversary's  case  aud 
his  own,  will  easily  judge  what  arguments  be  will  have  to 
oppose  or  to  ui^e, 

53.  As  to  order,  there  is  no  part  of  a  cause  in  which  it  will 
give  us  ]es3  trouble ;  for,  if  we  are  the  prosecutors,  we  have 
first  to  support  our  own  allegations,  and  then  to  lefiite  what  is 
brought  against  them ;  if  we  are  defendants,  we  have  to  com- 
mence with  refutation.  64.  But  from  what  we  advance  against 
any  objection  there  arise  other  objections,  and  sometimes  to  a 
great  extent ;  as  the  kandt  *  of  gladiators,  which  are  called 

and  Bimoaun  wouM  therefore  raitd  retli  tl  prtitalioBibiii  el  amtradie- 
lunuitu,  BO  thst  there  ma;  be  two  objects  to  which  ulmmqat  locum 
may  properly  be  referred. 

■  (iti^iatonan  montit,]  This  passage  is  almoBt  vholly  unintelligible 
to  UB,  from  our  want  of  knowledge  of  the  gladiatorial  movements  to 
which  Quiutilian  refers.  "  By  comparing  the  psaiage,"  says  Spalding, 
"with  vi.  4,  8,  iz.  1,  20,  and  pasaages  of  other  authora,  it  is  pretty 
clear  that  maniu  ie  used  for  ictvi,  in  conformity  with  the  interpretation 
of  the  old  scholiast  on  Statins  Theb.  vi.  788 ;  see  also  Lucan.  vi.  180. 
....  But  the  matter  is  obacure,  as  w>U  in  itself  as  m  rebtiou  to 
that  which  ia  compared  to  it."  "  Nothiog  is  more  certain,"  Biya  Bop. 
mann,  "than  that  msnMjinniif,  tecwula,  &c.,  are  modes  of  usault,  in 
which  the  gladiators  were  disciplined  by  the  masters  of  the  sdkoolB." 
Cspperonier  refers  to  ai/tUt  tnamlmt  in  *  imnian.  MoroelL  xzi?.  i,  IS, 
Wlucb  however  affords  little  illustration. 


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OH.XItI.)  EDCCATlU^    UC  AN   OtUTOB.  3B0 

the  itcond,  become  the  third,  if  the_^r«(  nas  intended  to  pra 
Toke  the  assault  of  the  adversHi;,  and  the  /ourth,  if  the  chal' 
lenge  be  repeated,  so  as  to  make  it  neceseary  to  stand  on 
giuxd  twice  and  to  attack  twice ;  and  thia  process  may  lead 
still  further. 

55.  Refutation  includes  also  that  simple  kind  of  proof  of 
which  I  have  given  an  example  above,*  proceeding  f^m  the 
feeliugs,  and  consisting  in  mere  afGrmation,  such  as  that  of 
ScauruB,  of  which  I  have  already  spoken  :t  and  I  know  not 
whether  such  sort  of  proof  may  not  even  be  used  more  fre- 
quently when  a  denial  is  made.  But  the  chief  object  of  each 
party  must  be  to  see  where  the  main  point  lies;  for  it  too 
frequently  happens  in  a  cause  that  many  points  are  disputed, 
while  judgment  is  to-be  passed  on  few. 

56.  In  these  particulars  consists  the  art  of  proving  and  re- 
futing ;  but  it  requires  to  be  supported  and  embellished  by 
the  powers  of  the  speaker ;  for  however  well  adapted  our 
arguments  may  be  to  eatablish  our  case,  they  will  neverthe- 
less be  but  weak  nnless  they  are  urged  with  extraordinaiy  * 
vigoar  by  him  who  uses  them,  67.  Those  common-place  observa- 
tions, accordingly,  concerning  vdtneMtg,  tmtten  evidence,  argu 
menu,  and  other  matters  of  the  kind,  produce  great  impressiou 
on  the  minds  of  the  judges  ;  as  well  as  those  peculiarly  arising 
from  the  cause,  in  which  we  jnaiie  or  blame  any  action,  show 
tliat  it  is  juit  or  «>tju(f .  or  make  it  appear  greater  or  leaa,  aoree 
or  better,  than  it  really  is.  Of  these  some  are  useful  in  the 
comparison  of  one  ai^meut  with  another,  others  in  the  com> 
parison  of  several,  others  in  influencing  the  decision  of  a  whole 
cause.  68.  Some,  too,  serve  to  prepare  the  mind  of  the 
judge,  others  to  confirm  it  in  the  opinions  which  he  has 
dready  formed ;  and  such  preparation  or  confirmation  has 
reference  sometimes  to  particular  heads,  and  may  be  offered 
as  may  be  suitable  for  each.  59.  I  wonder,  ther^ore,  that  it 
should  have  been  disputed,  and  with  no  small  acrimony, 
between  two  leaders  of  opposite  sects  as  it  were,  whether  argU' 
mtnlt  from  moral  eonHderaliotu  ihould  accompany  each  parti- 
evlar  head,  as  Theodorus  would  have  it,  or  whether  the  judge 
ihould  be  informed  before  his  feelivgi  are  excited,  as  Apollo- 
donis  directs ;  as  if  no  middle  course  could  be  pursued,  and 

•  C.  12,  Mct.  13. 
•t  (1 1%  MCt.  1«. 


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Mi  QOtimujjr.  [b.t 

as  if  nothiD^  eould  be  ordered  lo  suit  the  mtereata  of  the 
cause.  But  it  w  men  who  do  not  speak  in  the  fomm  tbem- 
•elree  that  give  these  directiona  ;  and  their  e^Btems  of  rules, 
which  thej  have  composed  at  leisure  and  at  ease,  are  dis- 
turbed bj  the  neceBsary  confusion  of  battle,  60.  For  almost 
all  authm,  who  hare  set  forth  methods  of  speaking,  as  a  kind 
of  masteries,*  hare  bound  us  not  only  to  certain  subjects  for 
our  argumenla,  but  b;  fixed  laws  aa  to  the  form  of  expreeaiiifi 
them.  But  having  offered  these  few  remaAs  on  this  head,  I 
shall  not  shrink  from  communicating  what  I  mjadf  think 
about  it,  that  is,  what  I  obserre  to  have  bera  the  practice  of 
the  most  eminent  oiatora. 


CHAPTER  XIV. 


Of  tbe  enthrmein*  tmd  It*  parbs  !  1-^    Of  the  ei 

puta,  6—9.  Kot  ilwBfa  nf  the  Mme  fonn,  lO  -IS.  TIm  epi- 
cheirank  of  the  or&tors  ii  the  BjUogim  of  the  philmophen,  14 — 
IS.  All  the  parte  of  it  Dot  alwkye  neceeiar^  to  be  ipecified,  IT — ■ 
19.  Hiree  mode*  of  oppoeiug  this  form  of  ergument,  30—23. 
How  tb«  cnlliTnieme  di^re  from  the  Byllogiam,  24 — -26.  We  most 
not  crowd  our  ipeech  with  rhetorical  forme  of  eigumoit,  2T — 32. 
We  mutt  not  leave  our  ufnunente  unembelliehed,  83 — 36. 

1.  Thk  term  enthymeme  rhetoricians  apply  not  only  to  the 
argument  itself,  that  is  the  matter  which  is  used  for  die  proof 
of  any  thing  else,  but  to  me  enunciation  of  the  argument, 
which  they  make,  as  \  Baid,t  twofold  :  one  from  eonieqaenls. 
which  consists  of  a  proposition  and  a  proof  immediately  fol- 
lowing it ;  as  in  this  pasnsge  of  Cicero's  speech  for  Lyarius :{ 
The  eauu  wot  Ihan  doubtful,  beeauM  tkert  wag  totnething  that 
■  might  he  tuitained  on  each  tide ;  hut  now  that  nde  must  be 
deemed  the  stronger  to  whieh  even  the  gods  have  given  support ; 
tliis  is  an  enthymeme,  for  it  conttuns  a  proposition  and  a 
reason,  bat  no  logical  conclusion,  and  is  therefore  an  imper- 
feet  syllogism  ;  3.  the  other  from  oppositei,  vldcb  some  call 

*  Hnraunn  oomparea  Cio.  de  Orat.  L  47 :   ExpHctl  tuibii,  et  iBa 
iuxadi  Bijuterta  OMitdtt.     Oeeaer  refen  to  c.  14,  eect  2T. 
t  C.  10,  sect  2. 

taa. 


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CB.TtT."]  XDDCAnoiI  OF  All  OKATOB.  IDS' 

tne  only  fonn  of  «nthfm«me,*  and  in  which  the  proof  u  auoh 
stronger.  Such  is  that  in  the  apeech  of  Cicero  for  MUo  :t  You 
lit  ther^onaiavmgenoftfudsathofamantovihomyouieouJd 
b»  unmiling  to  mtoM  life  m>m  ^  you  thought  it  eotUd  bt  mtortd 
hy  your  nuam,  9.  This  form  ia  aometimM  made  to  consist 
of  sevetal  clauaeB,  of  vhich  wo  have  an  example  by  the  same 
orator  on  b«^ialf  of  the  same  client :  Him,  Aer^ore,  wAom  A« 
trouU  not  lali  to  Ae  lati^aetion  of  aU,  km  ht  tnUinjr  to  kill  to 
th«  dittatitfaetion  of  tome  f  Him,  mhom  he  did  not  dare  to  IdU 
unth  the  sanelioH  of  the  law,  in  a  favourabU  place,  at  a  favour- 
able time,  and  tuith  impunity,  did  he  boUUy  retolve  to  kM  un- 
juttly,  in  an  unfavourable  jiaee,  at  an  ttnfavowable  lime,  and  at 
the  kaxard  of  hit  own  life  f  4.  But  the  best  kind  of  onthymeme 
appears  to  be  that  in  which  a  reason  is  salyoined  to  a  proposi- 
tion dissimilar  or  opposite,  as  in  this  passage  of  Demos- 
thenes :{  For,  if  atii  have  at  timet  been  committed  againtt  the 
tavra,  and  you  have  imitated  them,  it  dot*  not  foUote  that  you 
gko^Ud  therefore  eteape  punithment,  hut  much  rather  lAul  you 
ikould  he  condemned  ;  for  if  any  of  the  molatort  of  lawe  had 
been  condemned,  you  urould  not  have  written  thi$,  and,  if  you 
are  condemned,  no  other  wiil  write  anything  eunUar. 

6.  Of  the  epicheirema^  four,  five,  and  even  six  parts  are 
made  hysome  rhetoricians;  Cicero j|  makes  at  most  five;  the 
proportion,  or  major,  with  its  reaeon;  tlie  ateumptioH,  or 
minor,  with  its  proof;  and,  as  the  fifth,  the  eonclution;  but 
as  the  m^or  has  sometimes  no  need  of  a  reason,  and  the 
minor  no  need  of  proof,  and  as  there  is  sometimes,  loo,  no 
need  of  a  conclusion,  he  thinks  that  the  epicheirema  may  at 
timea  consist  of  only  four,  or  three,  or  even  two  parts.    6.  To 

•  a>»  V.  10.  atet.  i. 

t  C.  28. 

t  In  Androtionem,  p.  Il«ii]E.  GGG. 

I  QuintiliaD,  t&er  notioing  MTtral  opinicou  sboat  Uie  parts  at  Ul 
«^<:lieireiniL,  at  last  adopta  that  of  Aristotle,  that  then  an  Ukrea 
necewmy  pKtti  of  it,  the  propotilion,  the  autui^ption,  and  the  eon- 
ctunOiL  liiat  which  U  the  cubject  af  inquiry  U  bompmheoded  in  the 
proposition,  whioh  logioiaiis  call  the  nu^or  ;  that  b;  whioli  it  is  proved 
u  nlled  the  ammplion  or  minor  ;  and  that  which  ia  collect«d  troia 
the  major  and  minor  la  the  conclariini  or  infcrtnce.  Tamebua.  Cicero 
makes  five  parts  bf  attaching  a  reaaoQ  to  Uie  mt^or  and  a  proof  to  tlw 

II  De  Inv.  i,  3T  ;  Script,  ad  Herenn.  ii.  18. 


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SOT  QDDITmAK.  ^T. 

DIB.  Bs  vrell  as  to  tlie  greater  number  of  authors,  there  appears 
to  be  not  more  than  ^ree ;  for  such  is  the  nature  of  reasoning, 
that  there  must  be  soniething  about  which  there  is  a  question, 
and  something  by  vrhich  it  is  to  be  proved ;  and  a  third  may 
he  added  as  resulting  from  the  agreement  of  the  tiro  former. 
Thus  there  «ill  be  firat  the  proposition,  or  major ;  secondly, 
the  asmmptian,  or  minor ;  and  thirdly,  the  concbaion ;  for  the 
reason  of  the  &rst  part  and  the  proof  of  the  second  may  be  in- 
cluded in  those  parts  to  which  they  are  attached.  7.  Let  ua  take, 
accordingly,  an  example  of  the  five  parts  from  Cicero:*  Those 
thing*  are  better  managed  vhiek  are  regulated  by  lome  plan 
than  thoie  which  an  conducted  withtmt  any  fixed  detign; 
"  this,"  says  Cicero,  "  they  call  the  first  part,  and  think  that 
it  ought  to  be  established  vith  various  reasons  and  the  most 
copious  eloquence  possible."  For  myself,  I  consider  the  whole 
pi'oposition  with  its  reasons  as  but  one  part;  else,  if  the  rea- 
soning be  called  a  part,  and  that  reasoning  be  various,  there 
must  necessarily  he  various  parts.  8.  He  then  gives  the 
assumption,  or  minor :  But  of  all  thitigi  nothing  it  managed 
better  than  the  whole  wtrld ;  "  and,"  he  adds,  "of  this  assump- 
tion they  introduce  its  proof  as  a  fourth  part ;"  but  I  say  the 
same  concerning  the  assumption  as  concerning  the  propositjoo. 
0.  "  In  the  fifth  place,"  he  continues,  "  they  place  the  otmclu- 
sion,  which  either  infers  that  only  which  necessarily  results 
from  all  the  preceding  parts,  as,  Therefore  the  world  ia  regu- 
lated by  some  plan;  or,  after  briefly  bringing  together  the 
proposition  and  assumption,  adds  what  is  collected  from  them, 
as,  But  t/'  those  things  are  betla^  majiaged  which  are  regulated 
by  a  plan  than  thoie  which  are  conducted  without  a  plan,  and 
if  of  all  things  nothing  w  managed  better  than  the  whole  world, 
it  foUom  therefore  that  the  world  is  regulated  by  a  plan."  A 
third  part  I  accordingly  admit. 

10-  In  (he  three  parts,  however,  which  I  have  made,  there 
is  not  always  the  same  form.  There  is  one  fokm  in  which 
the  same  is  expressed  in  the  conoluraon  as  in  the  mt^or  propo- 
sition :  Th^  soul  i»  immortal,  for  whatever  hat  its  motion  from 
itself,  is  immortal :  But  (fti  sotd  has  its  motion  from  itself: 
Therefore  the  tout  is  immortal.  This  form  prevails  not  Mily  in 
detasb«d  argumente,  but  throughout  all  caus^  such  at  least 

•  U«  Inv.  L  M. 

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CH.XIT.]     '  BDUCATION   OV  AN   ORA.TO&.  S97 

as  are  simple,  and  in  the  various  questions  in  causes.*  1 1.  For 
alt  causes  aod  all  questions  have  a  Jirtt  propotkion:  as,  Yoa 
have  eommitUd  laenltge ;  and.  It  m  not  every  one  that  htu  kUUd 
a  man  that  is  guilty  of  murder :  and  attached  to  this  a  propo- 
sition, a  reaion,  (nbicb,  however,  is  more  expanded  in  causes 
and  portions  of  causes  than  in  detached  arguments,)  and, 
lastly,  a  condution,  in  which  thej  commoul;  show,  eitiier  hy  a 
full  enumeration  of  particulara,  or  a  short  recapitulation,  what 
the;  have  estolJished.  In  this  kind  of  epicheirema  the  pro- 
position is  doubtful,  for  it  is  about  the  propositiou  that  the 
question  is.  IS.  In  ahotheb  fokm  the  conclusion  is  not  indeed 
Uie  same  as  the  major  proposition,  but  has  the  same  force : 
Dtatk  is  nothing  to  tu,  for  wihat  ia  ditsolved  into  its  eUrnentt,  u 
without  con3cioutJt£si ;  and  that  mhich  i»  withmit  comdoumeu 
it  nothing  to  v».  In  a  thtbd  fcbu  the  proposition  is  not  the 
same  as  the  conclusion :  All  animated  thingi  are  better  than 
thingi  inanimate:  But  nothing  is  better  than  the  world:  The 
world  therefore  it  ananated.  What  is  here  the  conclusion 
might  be  made  the  major  proposition  ;t  for  the  reasoning 
might  be  stated  tlius :  The  world  is  animated,  for  all  animated 
things  are  better  than  thingi  inanimate.l  13.  But  this  nuyor 
proposition  is  either  an  acknowlei^ed  truth  as  in  the  last 
example,  or  reqmres  proof,  as.  He  who  withes  to  lead  a  Aopp^ 
l^e,  ought  to  becojne  a  phUotopher;  this  is  not  univenull; 
admitted;  and  the  conclusion  cannot  be  drawn  unleas  the 
piemisea  be  established.  The  minor  proposition,  too,  is 
sometimes  universally  acknowledged,  as,  ^ut  aU  viish  to  live  a 
happg  Ufe,  and  aometimes  requires  to  be  proved,  as.  What  it 
dittolved  into  itt  elementt  is  void  of  contetotunest,  for  it  is 
uncertain  whether  the  soul,  when  detached  from  the  bodr,  may 
not  be  immortal,  or  exist  at  least  for  a  cert^n  time.  I  may 
observe  that  what  some  call  the  astumption,  or  minor  proposi- 
tion, others  call  the  reason. 

14.  But  the  epicheirema  diiTers  in  no  respect  from  the 

■  /•  gmntiimi&iu,]  QimMoim  are  to  b«  dlltingnlahed  from  the 
tatua  anivena;  see  iii.  3,  9,  10.     f^alding. 

t  AU  ediUone  luive  E'k  pattet  videri  de  rt  etmtaiCu)  /  but  u  no  gaoA 
■BDiw  can  be  extracted  &om  the  vrards,  Snlding  propoaai  to  read  Mat 
^tat  etiam  vidicri  mtmtio,  Le.  propodtto.  I  W*  adopted  thii  oon- 
jecturs  m  my  truiBUtion, 

t  He  has  made  this  example  bipartite  butead  of  b^iartit^  a» 
Spaldinf  obaravea. 


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t9S  qmNTILIAH.  ^fi  T. 

■tH(^hi.  tfflMpt  that  the  gYllotfiMn  haa  *  oreatar  namber  ,* 
Tbrms,  apd  infera  truth  from  tiuth:  white  tha  OTiicheirema  la 
penaiyiv  employed  about  wobabiKtica :  tor  if  it  were  alwaTB 
poaaible  to  prove  what  ia  oiaputed  hj  what  ia  acknowledged, 
there  would  aoara^  be  any  work  for  the  orator  in  the  matter ; 
since  what  need  would  there  be  of  superior  ability  to  reason 
thus :  15,  Th«  property  btlongi  to  nu,  /or  I  am  Uit  oiUy  ton 
of  tht  dtctattd,  or,  /  am  A»  »ole  h«ir,  tinet  by  the  laiet  reject- 
ing property  ths  property  oj  a  tettator  it  ffiven  to  the  heir 
aecordmg  to  the  purport  ■j/'  the  mil;  and  to  me  tkerejore  the 
property  heUmge.  16.  But  when  the  reasoa  given  beoomea 
itself  a  matter  of  dispute,  we  must  render  that  certaiu  by 
which  we  seek  to  prove  what  is  uncertain;  for  instance,  if  it 
be  said  by  the  adversary.  You  are  not  hit  ton,  or,  You  are  not 
iegitimate,  or.  You  are  not  the  only  ton,  or,  again.  You  are  not 
the  heir,  or.  The  inU  it  not  wdid,  or,  You  are  not  capable  0/ 
inheritiiig,  or.  You  have  eo-heirt,  we  most  establish  a  just 
ground  on  which  the  property  ought  to  be  adjudged  to  as. 
17.  But  when  a  long  chain  of  reasoning  intervenee,  a  recapi- 
tolatofj  conclusion  is  requisite.  In  other  cases,  a  proposition 
and  reason  may  often  be  sufficient  :*  The  lawt  are  tileitt  amitUt 
armt,  and  do  not  requirB  their  tanetiott  to  be  vaited  for,  when 
he  who  Mmild  wait  for  it  mutt  suffer  an  ur^uet  death  before  a 
jmt  penalty  could  be  eaxicted.  Hence  it  has  been  obeer?ed 
that  the  form  of  enthymeme  which  rests  upon  eontequentt  is 
similar  to  a  reaton.  Sometimes,  agaiu,  a  single  proposition  ia 
judicionsly  given  alone,  without  any  reason,  as  that  which  we 
just  DOW  cited.  The  lame  are  tdent  amidtt  arms.  16.  We 
may  also  commence  with  the  reason,  and  then  draw  a  conclu- 
sion, as,  in  the  same  Bpee<^,  But  t^  the  twelve  tablet  aUote  a 
thief  to  be  ItSied  vith  impunity  under  any  eireumitancet,  and 
a  thi^  in  the  day  ^  he  defend  himtelf  with  a  weapon,  who  eon 
tuppote  that  in  whatever  eate  a  man  hat  been  kiUed,  he  who 
kUled  him  mutt  tuffer  punithmentf  Cicero  has  also  made 
some  variation  in  this  form,  and  put  the  reason  in  the  third 
place  ;  When  he  leet  that  the  tword  ie  tometimet  put  into  our 
handi  by  the  lawt  themeelvet.  19.  The  following  sentence, 
agaiu,  t^ies  the  form  of  that  which  precedes :  But  how  can 
death  be  nnguetly  inflicted  on  a  UerAn-wait  and  a  robberf  This 
is  the  proposition.  What  it  the  object  «f  am  eteortt,  ijf  out 
•  do.  Pn  UiL  «.  4. 


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CH-XIT.]  SDUCATIOlr  OP  AN   ORATOR.  BIO 

veafxmt  f  This  is  the  reason.  Which  cartamly  we  should  n«l 
he  allowed  to  have,  if  we  were  wider  no  eiretimilanee*  to  maJu 
u*e  of  them.  Thk  is  a  conclusion  firom  the  proposition  and 
the  reason. 

SO.  This  mode  of  ai^meiit  is  refuted  in  three  ways;  that 
is,  it  is  attacked  in  each  of  its  parts ;  for  the  propoBition  may 
be  combated,  or  the  assumptioof  or  the  conclusion,  or  some- 
times all  the  three.  For  example,  the  proposition  that  He  it 
putlg  tailed  who  Uet  in  wait  to  MB,,  may  be  combated,  for  the 
first  question  in  the  defence  of  Milo  is.  Whether  he  ihouldbe 
aUowed  to  Uve  who  confe»te»  that  a  man  hoi  been  hUUd  by  hit 
hand?  31.  The  assumption,  or  minor  proposition,  may  be 
assailed  by  all  the  arts  which  I  have  mentioned  in  the  chapter 
on  refutation.*  As  to  the  raascm,  tie  maj  observe  that  it  is 
sometimeB  true  when  the  prcporation  to  which  it  it  attached 
is  false ;  and  that  a  false  reason  b  sometimes  attached  to  a, 
tme  proposition.  Virtue  it  a  good,  is  a  true  proposition ;  but 
if  any  one  add  as  a  mason,  became  U  makei  mm,  rich,  a  folse 
reason  is  given  fw  a  true  pnmosition.  23.  As  to  the  conclu- 
sion, it  is  either  denied  to  be  jost  when  it  expresses  something 
different  &om  what  can  be  fairly  deduced  from  the  premises, 
or  is  alleged  to  have  nothing  to  do  with  the  question :  A  Uer- 
in-wait  ts  juetly  put  to  death,  for  he  who  prepared  himtelf  to 
offer  violence  ae  an  enemy,  ought  alto  to  be  repelled  at  an 
enemy:  Clodivt,  therefore,  at  an  enemy,  wot  jue&y  put  to 
death :  here  the  ooncluBion  is  blse,  for  it  has  not  yet  been 
proved  that  Clodius  was  a  lier-in- wait.  33.  On  the  other  hand, 
it  would  be  a  just  conclusion  to  say,  A  Uer-inwtUt,  thertfore,  at 
an  enemy,  teat  juttly  pat  to  death,  but'it  would  be  nothing  to 
the  purpose;  for  it  had  not  previously  been  proved  that 
Clodius  was  a  lier-in-wait.  But  though  the  proposition  and 
reason  may  be  true,  and  the  conclusion  false,  yet  if  the 
proposition  and  reason  are  false,  the  conclumon  cannot  be 
true. 

34.  The  enthymeme  is  called  by  some  an  oratorical  syllogism,  ^ 
by  others  a  part  of  a  sylli^sm,  because  the  syllogism  has  j 
always  its  regular  pn^osition  and  conclusion,  and  establishes  / 
by  means  of  all  its  parts  that  which  it  has  profiosed ;  while  / 
the  enthymeme  is  satisfied  if  merely  what  is  stated  ia  it  be| 
nnderstood.  36.  A  syllogism  la  of  this  form :  Virtue  ii  the  mdyl 
*C.13ar^ab<Mk. 


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4QC  quiNTiuAM.  far 

food,  far  thatonlg  ig  good  of  vhich  none  can  make  an  iUuat: 
Bm  none  can  make  an  ill  lue  of  virtue:  Therefore  virtue  it 
the  only  good:  the  enthymeme  will  consist  only  of  the  conee- 
quents,  Virtue  it  a  good,  becaute  none  can  make  an  ill  *te  of 
it.  A  negative  sjllogisin  will  be  of  this  uatiire ;  Money  is  not 
a  good,  for  thut  it  not  a  good  of  uhith  any  one  can  make  a  bad 
ute :  But  any  one  can  make  a  bad  ute  of  money :  Therefore 
money  it  not  a  good:  bere  the  enthymeme  will  consist  of  the 
opposites  :*  It  money  a  good,  ahen  any  one  can  make  a  bad 
use  of  it?  36.  The  following  sentence  baa  the  sjllogiatio 
form  :  If  money,  which  comiilt  of  coined  silver,  comes  under 
the  general  term  tiher,  he  that  begweathed  all  his  silver 
bequeathed  aUo  hit  money  consisting  in  coined  silver:  But  he 
did  bequeath  alt  his  silver:  Therefore  he  bequeathed  also  his 
money  contitling  of  silver;  but  for  an  orator  it  is  sufficient  to 
Bay,  When  he  bequeathed  all  hit  silver,  he  bequeathed  also  hit 
money  vhieh  eonsitts  of  silver. 

k  ST.  I  think  that  I  have  now  gone  through  the  mysteriest 
W  those  who  deliver  precepts  on  rhetoric.  But  judgment 
/must  be  exercised  in  applying  such  direclious  as  I  have  giTen. 
/For  though  I  do  not  think  it  unlawful  to  use  syllogisms  occa- 
/  sionally  in  a  speech,  yet  I  should  by  no  means  like  it  to  con- 
/  siat  wholly  of  syllogisms,  or  to  be  crowded  with  a  mass  of 
/  epicheiremata  and  enthymemes,  for  it  would  then  resemble  the 
I  dialogues  and  disputationa  of  logicians,  rather  than  oratorical 
'  pleading ;  and  the  two  differ  widely  from  one  another. 
iiS.  Your  men  of  learning,  who  are  seeking  for  truth  amongst 
men  of  learning,  examine  every  point  with  the  utmost  minute- 
ness  and  scrupulosity,  with  the  view  of  bringing  it  to  clearness 
and  certainty,  claiming  to  themselves  the  offices  of  diacovering 
and  judging  what  is  right,  of  which  they  call  the  one  r^rixq, 
"  the  art  of  finding  arguments,"  and  the  other  x^fniiig,  *'  the 
power  of  judging  of  deir  soundness ;"  Q9.  but  we  orators 
must  compose  our  speeches  to  suit  the  judgment  of  others, 
and  must  frequently  speak  before  people  alt<^ether  uneducated, 
or  at  least  ignorant  of  any  other  literature  than  what  we  teach 
them,  and  unless  we  allure  them  by  gratification,  attract  tliem 
u.i  force,  and  occaaionally  excite  their  feehngs,  we  shall  never 

*  A%  hOKoai  at  ptnmia,  ic'\  Spalding  djslil«  the  abrupt  inteno- 
gation,  and  would  read  negativel;,  wh  bonant  Mt.  Ac 
t  Sacra.}  S««  c  13,  aecL  tO, 


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eH.XIYJ  RDOCATIO^   or  AN  ORATOB.  401 

impress  upon  them  nhat  is  just  and  true.  30.  Ontory  should 
be  rich  and  brilliant:  hat  it  will  have  neither  of  those  quali- 
ties, if  it  be  pieced  out  of  regular  and  frequent  syllogisms, 
expressed  almost  almtys  in  the  same  form,  for  it  will  then  incur 
contempt  from  appearing  mean,  and  aversion  from  looking 
servile;  if  it  is  copious,  it  will  eicite  satiety;  if  it  attempts  to  be 
swelling,  it  wilt  meet  disdain.  31.  Let  it  hold  its  course, 
therefore,  not  along  foot-paths,  but  through  open  fields ;  let  it 
not  be  like  subterraneaa  springs  confined  in  narrow  channels, 
but  flow  like  broad  rivers  through  whole  valleys,  fonring  a  way 
wherever  it  does  not  find  one.  For  what  is  a  greater  misery 
to  speakers  than  to  be  slaves  to  certain  rules,  like  children 
imitating  copies  set  them,  and,  as  the  Greeks  proverbially 
express  it,  taking  constant  care  of  the  coal  which  their  mother 
has  given  them  f*  32.  Mnst  there  alwavs  be  proposition  and 
conclusion,  from  'consequents  and  oppoaitek  ?  Is  the  speaker 
noi  to  animate  his  reasomng,  to  ampitiy  il,  to  vary  and  diver- 
sify it  with  a  thousand  figures,  making  his  language  appear  to 
grow  and  spring  forth  naturally,  and  not  to  be  manufactured, 
looking  suspicious  from  its  art,^  and  showing  everywhere  the 
fashioning  of  the  master  ?  What  true  orator  has  ever  spoken 
in  such  a  way  ?  In  pemosthenes  himself  are  not  the  traces  to 
be  found  of  such  regularity  and  art  very  few?  Yet  theGi-eeks 
of  our  own  day  (the  only  respect  in  which  they  act  lessjudi- 
cTousTy  than. ourselves]  hind  their^ thoughts  as  it  were  in  chains, 
connecting  them  in  an  inexplicable  series,  proving  what  is 
nndisputed-'conffmiin g  what  is  admitted,  and  calhug  "them- 
selves, in  these  points,  imitators  of  the  ancients ;  but  if  they 
are  asked  whom  tbey  imitate,  they  will  never  give  an  answer. 
"  3^;"  Of  figures  I  shall  speak  in  another  place. J  At  present. 
it  seems  necessaiy  only  to  add,  that  I  do  not  E^ree  with  those 
who  think  that  arguments  are  always  to  be  expressed  in  a 
pure,  lucid,  and  precise  style,  but  neither  copious  nor  ornate. 
That  they  should  be  precise  and  perspicuous  indeed,  I  admit, 
and,  on  matters    of  httte  consequence,  set  forth   in   plain 

n  hia  fint  onttiou  de  A  lixanirx 

vpto,  which  will  tUo  mak 
w  Spalding  renuiriu,  not  t- 


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i09  QirtNTiLuii.  [b.  r. 

language,  and  in  terms  ■■  appropriate  asd  Auniliar  a*  possible ; 
but,  if  the  subject  be  of  (t  lugher  nature,  I  think  that  no  orna- 
ment should  be  withheld  from  them,  provided  that  it  causes 
no  obscuritj.  34.  For  a  melaphor  often  throws  a  fiood  of 
light  on  a  subjoct ;  so  much  so,  that  even  lawTere,  whose  solici- 
tude about  the  propriety  of  words  is  extreme,  venture  to  call 
litiu,  "  the  sea-shore,  the  part  where  the  wave  eludit. 
'■  sports."*  35,  The  more  n^ged  a  subject  is,  too,  by  nature, 
tite  more  we  must  recommend  it  bj  charms  of  expression ; 
argument  is  less  suspected  when  it  is  disused,  and  to  please 
the  hearer  contribotea  greatly  to  convince  faim.  Otherwise  we 
must  prononnce  Cicero  deserving  of  censure,  for  using,  in  the 
heat  of  his  argumentation,  the  metaphorical  expressions,  The 
laws  are  tSent  amid  armt,  and,  Tha  ttoord  U  tom^imei  pro- 
tented  to  us  hy  the  latcf  themulvet.  But  moderatton  must 
be  observed  in  the  use  of  such  figures,  t^t,  while  thej  are  an 
embellishment  to  a  subject,  thsy  maj  never  be  an  incumbrance 
to  it, 

*  S«s  Cio.  Topic  c  7.     "Aquilliui, whea  dier«  waa  any  digcuo- 

sion  about  shorea,  all  of  which  ;Du  -i'^'"'^'"  t«  be  pafalic, uaed  to 

define  u  shore  guajtuctta  tiiuierel,  where  the  wave  q»rt«d." See  alao 

Cioero  de  Nal  Deor,  ii.  S9.     Eladert  i*  to  be  taken  intranBitively  in  tba 


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KDUOATTON  OF  AM  ORATOB. 


INTRODUCTION. 


Qumtilian  Umeota  that  bis  Km,  wboee  improTemmt,  ia  aonjUDetioti  wi^ 
that  of  the  flOTifl  of  HaroelloB  and  Gs^mt,  he  had  had  in  view  m 
the  oompoeition  of  this  work,  had  been  carried  off  by  dmUi,  g  1, 
2.  He  lud  preriouBl;  loet,  during  the  compOBition  of  anotbn 
woi^  B  younger  bod,  aa  well  u  his  wife,  3 — 9.  AbilitieB  of  which 
bii  ohildren  gave  iodioalioiu,  7—9.  Hii  grief;  he  intreat^ 
indiilgeuoa  it,  in  oonaeqnenoe  of  it,  l>e  pnrsuea  oil  work  with  leu 
epirit^  10 — IS. 

1.  Havimq  entered  upon  thiB  undertaking,  Marcellus  Victor, 
principttllj  at  your  request,*  but  with  a  deeire.  at  the  same 
time,  that  some  profit  to  veil-disposed  youth  might  arise 
from  my  laboura,  1  have  applied  to  it  Tec«iitly  witlt  great  dili- 
gence, firom  tlie  uecesaiiy,  almost,  of  the  office  conferred 
upon  me,t  yet  with  a  regard  also  to  my  own  gratification, ' 
thinking  dwt  I  should  leave  this  work  to  my  eon,  whose 
remarkable  ability  deserved  even  the  most  anxiouB  attention 
of  a  father,  aa  the  best  portion  of  his  inheritance,  so  that  if 
the  -htes  should  cut  me  off  before  him,  as  would  have  been 
but  just  and  desirable,  he  might  still  have  his  father's  pr«- 
cepts  to  guide  him.  3.  But  while  I  was  pursniDg  my  design 
day  and  night,  and  hastening  the  completion  of  it,  through 
fear  of  being  prevented  by  death,  fortune  sent  bo  sudden  an 
afflictio:.  upon  me,  that  the  resaU  of  my  ioduetiy  interesta  no 
one  less  than  myself,  for  I  have  lost  by  a  second  severe 
bereavement  that  son,  of  whom  I  had  conceived  the  highest 
expectations ;  and  in  whom  I  reposed  my  only  hopes  for  the 
Bolace  of  my  age.J  3,  What  shall  I  now  do  ?  Or  what  Airther 
use  can  J  suppose  that  there  ia  for  me  upon  the  earth,  when 
the  gods  thus  animadvert  upon  me?  When  I  had  just  begun 
to  write  the  book  which  I  have  published,  On  tkt  CausM  of 
tJu  Corruption  of  Eloquenee,^  it  happened  that  I  was  struck 

■  See  the  Prefaoe  to  the  work,  Mct.  6, 

f  See  the  lutroduotion  to  b.  iv.  sect  3. 

j  He  meaiu  the  loaa  of  his  >on,  at  the  ^^  of  1«d  year*.  Rv-bad 
previously  lost  another  at  the  age  of  five. 

g  This  work  is  lost.  Tlie  Dialogvs  de  Orotonfrw^  «h«  (b  Onufa 
C«rr¥ipla  SlojHeMia  i%  m  ii  ganerall;  suppoaed,  the  eompositioQ  el 

D  D  a 


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401  QtriHTILUIf.  ['B.Tl 

with  a  similar  blow.  It  would  have  been  best  for  me,  there* 
fore,  to  have  tbronu  that  inauspicioua  work,  and  whatever  ill- 
omened  learning  there  is  iu  me,  iuto  the  flumes  of  that  pre- 
mature funeral  pile  which  was  t«  consume  what  I  loved,  and 
not  to  have  wearied  my  unnatur^  prolongation  of  life  with 
new  and  additional  anxieties.  1.  What  parent,  of  right  feel- 
ings at  least,  would  pardon  me,  if  I  could  pursue  my  studies 
with  my  accustomed  diligence,  and  would  not  hate  my  inscn- 
I  sibility.  if  I  had  any  other  use  for  my  voice  than  to  accnse  the 
1  gods  for  causing  me  tq,  survive  all  my  children,  and  to  testify 
that  divine  providence  pays  no  regard  to  terrestrial  afEiirs?* 
If  such  n^lect  of  the  gods  is  not  visible  in  my  own  person, 
to  whom  nothing  can  he  oljected  but  that  I  am  still  alive,  it 
is  certainly  manifest  in  the  &te  of  those  whom  cruel  death 
has  condemned  to  perish  so  undeservedly,  their  mother  having 
been  previously  snatched  tmxn  me,  who,  after  giving  birth  to 
a  second  son,  before  she  bad  completed  hecjiineteenth  year, 
died,  though  cut  off  prematurely,  a  happyt  death.  6.  By  that 
one  calamity  I  was  so  deeply  afflicted,  that  no  good  fortune 
could  ever  aflerwards  render  me  completely  bappy ;  for,  ex- 
hibiting every  virtue  that  can  grace  a  woman,  she  not  only 
caused  incurable  grief  to  her  husband,  but,  being  of  so  ^rlisb 
an  age,  especially  when  compared  with  my  own.  her  loss 
might  he  counted  even  as  that  of  a  daughter.  6.  I  consoled 
myself,  however,  with  my  surviving  children  ;  and  she,  know- 
ing, what  was  contrary  to  the  order  of  nature,  though  she  her- 
self  desired  it,  that  I  should  be  left  alive,  escaped  the  greatest 
of  pangs  in  her  untimely  death. J  My  younger  son  dying, 
first  of  the  two,  when  he  had  jnst  passed  his  fifth  year,  took 
from  me,  as  it  were,  the  sight  of  one  of  my  eyes.  T.  I  am  not 
ostentations  of  my  misfortunes,  nor  desirous  to  exa^erate  the 
•Muses  nbich  I  have  for  tears  ;  on  the  contrary,  I  wish  that  I 

*  A.  common  mistake  among  the  >nciflnta,  who,  wliea  misfortnna 
fell  upon  the  good,  uid  that  there  wai  do  divine  providence,  but, 
when  the  bkd  luffered,  declared  that  there  wm  ;  aa  me;  be  eeen,  for 
eiample,  in  Mventl  paeaega  <rf  Livy.  Qaintiluii,  in  a  oalm  atate  of 
mind,  had  other  thought!  of  the  divine  luperiDtaDdeooe  ;  »e  v.  12, 19. 
Stat  Sylv.  Cann.  T.    Spalding. 

f  Happ7  in  not  having  wen  the  deaths  of  hw  childreD.  ^ 
j  Pracipiti  vid.]  That  aaema  to  be  but  a  languid  eipreaaion.    Haj 
ve  nxiA  praeipiii  vM,  ttkiag  jtraitpt  Vila  '     " 
taria'        '    '     "     '■' 


mtnatvri  abraptat 

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IHTBOD.]  EDUCATION  OF  AH  OBATOR.  405 

had  some  mode  of  lessening  Uinm ;  but  how  can  I  forbear  to 
contemplate  what  beoutj  be  showed  in  his  countenance,  what 
sweetness  in  bb  expressions,  what  nascent  fire  in  his  under 
standing,  and  what  substantial  tokens  he  gave,  (s-tch  as  1 
know  are  scarcely  credible  in  one  so  young,)  not  only  of  calm 
but  of  deep  thought?  Such  a  child,  even  if  be  had  been  the 
son  of  a  Bliunger,  would  bare  won  mjr  love.  8.  It  was  the 
will,  too.  of  insidious  fortune,  with  a  view  to  torture  me  the  more 
severel;,  that  he  should  show  more  affection  for  me  than  for 
any  one  else,  that  he  should  prefer  me  to  hia  nurses,  to  bis 
grandmother  who  was  educating  him,  and  to  all  such  as  gain 
the  lore  of  children  of  that  age.  I,  therefore,  feel  indebted  to 
that  grief  which  I  experienced  a  few  months  before  for  the 
loss  of  hia  excellent  mother,  whose  character  is  bejond  all 
praise,  for  I  have  less  reason  to  mourn  on  my  own,  than  to 
rqoice  on  her  account 

0.  I  then  rested  for  my  only  hope  and  pleasure  on  my  younger 
son,  my  little  Quintilian,  ftnd  he  might  base  sufficed  to  console 
me,  for  he  did  not  put  forth  merely  flowers,  like  the  other,  but, 
'  having  entered  his  tenth  year,  certain  and  well.formsd  fruits. 

10.  I  Bwear  by  my  own  sufferings,  by  the  sorrowful  testimony 
of  my  feelings,  by  his  own  shade,  the  deity  that  my  grief    I 
worships,  that  I  discerned  in  him  aucb  excellences  of  mind,  (not  ( 
in  receiving  instruction  only,  for  which,  in  a  long  course  of    i 
experience,    I    have   seen  no  child  more  remarkable,  or   in 
steady  application,  requiring,  even  at  that  age,  as  his  teachers 
know,  no  compulsion,  but  in  indications  of  honourable,  pious, 
humane,  and  generous  feelings,)  theX  the  dread  of  such  a  thun 
der-stroke  might  have  been  felt  even  from  that  cause,  as  it  has 
been  generally  observed,  that  precocious  maturity  is  most 
liable  to  early  death,  and  that  there  reigns  some  malignant 
influence  to  destroy  our  fairest  hopes,  in  order  that  our  enjoy- 
ments may  not  be  exalted  beyond  what  is  appointed  to  man. 

11,  He  hsd  also  evety  adventitious  advantage,  agreeablenew 
and  clearness  of  voice,  sweetness  of  tone,  and  a  peculiar 
focility  in  soundiog  every  tetter  in  either  language,  as  if  he 
had  been  born  to  speak  that  only.  But  these  were  still  only\ 
promising  appearances ;  he  had  greater  qualities,  fbrtitude,  \ 
resolution,  and  strength  to  reust  pain  and  fear ;  for  with  what 
courage,  with  what  aamiradon  on  the  part  of  hia  physicians, 
did  he  enduie  an  illneas  of  eight  months !    How  did  he  con- 


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4M  quiNnuAir.  [ItTt 

sole  me  at  the  tastt  How,  when  he  was  losiug  his  senses, 
tmd  unaUe  to  recognize  me,  did  he  fix  his  thoughts  in  de- 
lirium onlv  on  learning !  I'i,  O  diaappointnieDt  of  mj  hopes ! 
Did  I  endnre,  my  son,  to  coatemplate  your  eyes  sinking  in 
death,  and  your  breath  taking  its  night?  Could  1,  after  em- 
bracing your  cold  and  lifeless  body,  and  receinng  your  hat 
breath,  breathe  ^^n  the  common  air?  Justly  do  I  deserve 
the  afQiction  whicb  I  endure,  and  the  thoughts  which  aSect 
me !  13.  Have  I,  your  parent,  lost  you,  when  just  raised,  t^ 
,  being  adopted  by  a  man*  of  consular  dignity,  to  the  hopes  of 
eigoying  all  the  honours  of  your  father  ;t  you,  who  were  des- 
tined to  be  son-in-law  to  the  pnetor,  your  maternal  uncle;  jnu 
who,  in  the  o}Hnion  of  all,  were  a  candidate  for  the  highest 
distinctions  of  Attic  eloquence,  surviving  myself  only  to  grieve  f 
'  May  my  sufferings  at  least,  if  not  my  o&tinete  chnging  to  life, 
make  atonement  to  you  during  the  rest  of  my  existence  !  We 
in  vain  impute  all  our  ills  to  the  injustice  of  fortune,  for  no 
man  grieves  long  but  through  his  own  &iilt.(  14.  But  I  still 
live,  and  some  occupation  for  life  must  be  songht,  tmd  I  must 
put  faith  in  the  learned,  who  have  pronounced  letters  the  only 
coiisoUtion  in  adversity. 

If  the  present  violence  of  my  gne^  however,  shonld  in  time 
subside,  so  that  some  other  thought  may  be  admitted  among 
so  many  sorrowful  reflections,  I  shall  not  unreasonably  crave 
pardon  for  the  delay  iu  my  work;  for  who  can  wonder  that 
my  studies  were  interrupted,  when  it  must  rather  appear  won- 
iwfa]  that  they  were  not  relinquished  entirely?  15.  Should 
anvthing,  then,  in  this  part  of  my  work,  appear  less  finished  ihan 
that  which  1  commenced  when  less  oppressed  wiih  afSiction, 
let  it  bfl  excused  on  account  of  tbe  rigorousness  of  fortune, 
who,  if  she  has  not  extinguished  tbe  moderate  power  of  mind 
which  I  previously  possessed,  has  at  least  succeeded  in  weak- 
ening it.  But  let  me,  on  this  very  account,  rouse  myself  to 
action  with  the  greater  spirit,  since,  though  it  is  difficult  for 
me  to  bear  her  oppression,  it  is  easy  for  n'e  to  despise  it.  for 

"  Who  he  wm,  u  anknown. 

f  Father  b;  odoptinn. 

X  A  ^toic  Baying  ;  camp.  v.  IB,  19  ;  0,  3.  The  tenet,  however,  vm 
not  peculiar  to  tlio  Stric  sect,  but  cotmnon  to  all  the  andenta,  iind  wm 
■upported  by  the  example  of  the  Epiourean  Atticua.  Sec  I'lin.  H  N. 
ii.  7-    ^mldir^ 

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OH  I  ]  liDUCATION   OF  AS  ORATOR.  40T 

eh«  tus  left  Dothing  further  to  inflict  upon  me,  and  has  educed 
for  me,  out  of  m;  calamities,  a  security  which,  though  nn- 
hupp;,  ia  certainly  stable.  16.  It  is  right  to  look  faroumblj 
on  my  efforts,  too,  for  this  reason,  that  I  persevere  for  no  in- 
terest of  my  own,  but  that  all  my  ptuna  are  devoted  to  the  ser- 
vice of  others,  if  what  I  write,  indeed,  be  of  any  aervice.  My 
work,  like  the  acquisitions  of  my  fortune,  I.  unhappy  that  I  am, 
shtttl  not  leave  to  those  for  whom  I  designed  it. 


CHAPTER  1. 


PtTonium  of  a  speech  ;  the  objects  of  it ;  Bome  think  that  it  ebouU 
oonaiat  wholly  of  recapiiuUtiun,  S  1— S.  Appaala  to  the  fealingi 
ma;  be  made  by  the  accoser  and  the  advocate  alike,  S.  What 
the  eiordium  and  the  peroration  have  Id  oomman,  and  in  what 
reipecta  they  differ,  10 — 14.  The  accuser  ezciteB  the  (telinga 
either  by  ihowiag  the  heiaousnea  of  iba  charge  which  he  makes, 
or  the  pitiable  condition  of  the  party  for  whom  he  seeks  redi'ees, 
IE — 20,  What  qualities  excite  feeting  in  hvaur  of  an  accused 
person,  21.  S2.  Solicitations  for  pity  may  hare  great  effect,  but 
should  not  be  long,  23 — 28,  Modes  of  etcitiug  pity,  *  9—36. 
Bow  perBCQS  who  are  introduced  to  move  pity  at  the  conolosion 
of  a  speech,  should  behave  themselves,  37 — 43.  Ko  orator  must 
attempt  to  dmw  tears  from  the  judges  unless  he  be  a  msJi  ot 
gr«at  ability,  44,  46.  It  is  the  part  ut  the  peroration  to  dispel 
eompawionate  emotions,  as  well  as  to  excite  them,  46—49.  Pero- 
rationa  sometimes  of  a  very  mild  character,  60,  Appeals  to  the 
feelings  may  be  made  in  other  parts  of  a  speech  as  well  as  in  the 
peromtion,  61 — 55. 

1,  What  was  to  follow,*  was  the  proration,  which  some 
have  termed  the  eompUtion,  and  others  the  conetusum.  Theie 
are  two  species  of  it,  the  one  comprising  the  substance  of  the 
speech,  and  the  other  adapted  to  excito  the  feelings. 

The  repetition  and  summing-up  q/'  heads,  which  is  called 
by  the  Greeks  'autxtfaXaiuim,  and  by  some  of  the  Latins 
eniimera^an.  is  intended  both  to  refresh  tbe  memory  of  the 
jadge,  to  set  the  whole  cause  at  once  before  his  view,  and  to 
enforce  such  arguments  in  a  body  as  bad  produced  an  in- 
sufficient effect  in   detail.     3,  In  this  part  of  our  speech, 

■  When  the  progress  of  the  work  was  interrupted  by  the  death  ot 


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"'what  va  repeat  ongbt  to  be  repeated  as  briefly  as  powiUe, 
and  we  must,  as  ia  intimated  by  the  Greek  term,  run  over 
only  the  principal  heads ;  for,  if  we  dwell  upon  tbera,  the 

'^result  Tnli^e,  not  a  recaipituladon,  but  a  sort  of  second 
speech.  5  What  we  may  thin^, necessary  b>,  reramtulate,  must 
be  put  forward  with-  somf'  em phaa in j^l^nl ivfln^>by  suitable 
remarha,  andfvaried  mth  il!mir»nt  ftj<iii-«^  Mr  »nf;hing  ■■  "flp* 
""■     ■         '   '  ■  .  .-  .    repetition,   as   if   tbe 


speaker  distrusted  the  judges  memory.*  ]  The  figures  which 
wo  may  employ  are  iDiiuraeisble ;  and  Uicero  words  us  an 
excellent  example  in  his  pleading  against  Verres,  3.  Ij  your 
father  kvmulf  viere  your  judge,  uihat  would  he  tay  lehen  tkete 
thing!  were  proved  againtt  youf  where  he  sulgoins  an 
enumeration  of  partjculars  ;  and  there  is  another  instance,  in 
which  the  same  orator,  in  the  same  speech,  enumerates,  on 
invoking  the  gods,  all  the  temples  spoiled  by  Verres  iu  his 
pFEetorship.  We  may  also  sometimes  aflect  to  doubt  whether 
something  has  not  escaped  us,  and  to  wonder  what  our 
opponents  will  reply  to  such  or  such  a  point,  or  what  hope  the 
accuser  can  have  when  our  case  is  bo  fully  established.  4. 
But  what  affords  us  the  greatest  gratification,  is  the  opportunity 
of  dra^ving  some  argument  from  the  speech  of  onr  adversary, 
as  when  we  say,  He  hat  omitted  thit  point  in  the  eauee ;  or. 
He  made  it  his  ol^ect  to  oppreie  tu  vith  odium ;  or,  He  had 
recouree  to  entreaty,  and  riot  without  reason,  when  he  knew  to 
and  so.  6.  But  1  must  not  go  throi^h  such  figures  of  speech, 
severally,  lest  those  which  I  may  now  notice  should  be  thought 
the  only  ones  that  can  be  used ;  since  opportunities  for  vary- 
ing our  forms  of  speech  spring  from  the  nature  of  particular 
causes,  from  the  remarks  of  the  adversary,  and  even  from 
fortuitous  circumstances.  Nor  must  we  recapitulate  only  the 
points  of  onr  own  case,  but  call  also  upon  our  opponent  to 
reply  to  certain  questions.  0.  But  this  can  only  be  done 
when  there  is  time  for  further  speaking,  and  when  we  have 
advanced  what  cannot  be  refuted  ;  for  to  challenge  tl)e  adver- 
sary on  facts  which  make  strongly  for  him,  is  to  be,  not  his 
opponent,  but  his  prompter. 

7.  This  has  been  thought  by  m<)st  of  the  Attic  orators,  and 

by  almost  all  the  philosophera,  who  have  left  anything  written 

on  tbe  art  of  oratory,  the  only  legitimate  kind  of  peronttioD ; 

•  u'y.e.BX 


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OH.L]  EDUCATION  07  AN   ORATOR.  40t 

a  tenet  which  the  AttJc  orators  adopted,  I  suppose,  for  this 
reason,  that  at  Atheas  an  orator  was  prohibited  even  b^  an 
officer  of  tlie  conrt  from  atUmptiag  to  excite  the  feelings.   At 
the  philosophers  I  am  less  surprised,  since  with  them  all 
excitement  of  the  feelings  is  accounted   vicious ;  nor  is  it 
consistent  with  morality,   in  their  opinion,    that  the  judge 
should  be  tbua  diverted  from  truth,  or  becoming  a  good  man  i 
to  use  vicious  means.     Yet  they  wilt  allow  that  to  move-  the  \ 
feelings  is  justifiable,*  if  what  is  true,  and  just,  and  sub- 
servient to  the  public  good,  cannot  be   esiaWished  by  any 
other  mellifid>     .&  It  is  admitted  however  among  all  orators 
that  a  fecafutuLatiok  may  be  made  with  advantage  even  in  1 
other  ports  of  a  pleading,  if^the  cause  be  coat^n  and  require  ' 
to  be  supported  bjouiufirofis  aj^umenta  ;  while  nobody  doubts, 
on  the  other  band,  that  there  are 'many  short  and  simple 
causes  in   which  recapitulation  is    by  no  means  necessary. 
This  part   of  the  peroration    b  common  alike  both  to  the 
prosecutor  and  the  defendant 

9.  Both  of  them  also  have  recourse  to  the  excitement  of 
the  feelings;  but  the  defendant  more  rarely,  the  prosecutor 
more  frequently  and  with  greater  earnestness  ;  for  the  prose- '] 
cutor  hns  to  rouse  the  judge,  while  the  defendant's  business  is 
to  soothe  him.  But  the  prosecutor  at  times  produces  tears 
from  the  pity  which  he  expresses  for  the  matter  for  which  he 
seeks  redress ;  and  the  defendant  sometimes  inveighs  with 
great  vehemence  at  the  injustice  of  the  calumny  or  conspiracy 
of  which  he  is  the  object  f  It  is  therefore  most  convenient 
to  divide  these  dQties,^  which  are  for  the  moat  part  similarly 
introduced,  as  I  6aid,§  in  the  exordium,  but  are  in  the  pero- 
ratjou  more  free  and  full.  10.  A  feeling  of  the  jui^  in  our 
favour  is  sought  but  modestly  at  the  commencement,  when  it 
is  sufficient  that  it  be  just  admitted,  and  when  the  whole 
speech  is  before  ua ;  but  in  the  peroration  we  have  to  mark 
with  what  sort  of  feeling  the  judge  will  proceed  to  consider 
his  sentence,  as  we  have  then  nothing  more  to  say,  and  no 
place  is  left  ub  for  which  we  can  reserve  further  arguments. 

•  Comp.  V.  U,  26. 

t  We  muii,  u  Spalding  obaerroi,  rod  ealwnnia!  et  cnuprafwHit 
with  Rollin. 
t  Tbose  of  sudtiog  and  woHuim. 
i  Ha  doubtlMi  rafen  to  iv.  1,  ST,  £8.    Spalding, 


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<I0  QCINTILtAN.  [B.  VI. 

11.  It  IB  therefore  coromoa  to  each  poitj  to  eadeavoar  to 
Bttnct  tho  favoor  of  the  judge  towards  himself  to  withdraw  i: 
from  his  adversary,  to  excite  the  feelings  and  to  compose  them  ; 
and  thia  Toiy  brief  adnwnitioii  ma;  be  given  to  both  parties, 
that  a  pleader  should  bring  the  whole  force  of  his  cause  before 
his  view,  and,  when  he  luia  noticed  what,  among  its  variaua 
points,  is  likel;,  or  may  be  made  likely,  to  exciie  disapproba- 
tion or  favour,  dislike  or  pitj,  should  dwell  on  thooe  par- 
ticulars by  which  he  himself  if  he  were  judge,  would  be  moet 
impreesei.  13.  But  it  is  safer  for  me  to  consider  the  parts 
of  each  separately. 

What  recommends  the  prosecutor  to  tfas  judge,  I  have 
already  noticed  *  in  the  precepts  which  1  have  given  for  the 
exordium.  Some  particulars,  however,  which  it  is  sufficient 
to  intimate  in  the  commencement,  must  be  stated  more  fullyt 
in  the  concluuon,  especially  if  the  cause  be  undertaken  against 
a  vioteut,  odious,  or  dangerous  character,  or  if  the  condemna- 
tion of  the  accused  will  be  an  honour  to  the  judges,  and  bis 
acquittal  a  di^race  to  them.  13.  Thus  Calvus{  makes  an 
admirable  remtuic  in  his  speech  against  Vatinins,  Yott  htoie, 
jvdgt$,  that  bribery  hat  bem  committed,  and  all  men  knme  that 
you  know  it.  Cicero,  too,  in  pleading  against  Verres,§  observes 
that  Ae  disrapute  ichieh  had  /atlen  on  the  eourti  might  be 
effaced  by  the  condemTtation  of  Verrei ;  and  this  is  one  of  tho 
conciliatory  modes  of  address  to  which  1  have  before  alluded. 
If  intimidation,  too,  is  to  be  used,  in  order  to  produce  a 
similar  effect,!]  it  has  a  more  forcible  position  here  than  in  the 
exordium.  What  my  opinion  is  on  this  point,  I  have  already 
stated  in  another  book.\  11.  It  is  possible  also  to  excite  jeal- 
ousy, hatred,  or  indignation,  more  freely  in  the  peroration  than 
elsewhere ;  in  regard  to  which  feelings,  the  influence  of  the 
accused  contributes  to  excite  jealousy,  ill-reputation  hatred,  and 
disrespect  for  the  judge,  (if  the  accused  bo  contumacious,  arro- 
gant, or  full  of  assurance,)  IndignaUon,  the  Judge  being  often  in- 
iluenced,  not  only  by  an  act  or  word, -but  by  look,  air,  or  manner. 

•  See  IV.  1,  6—27. 
t  T.  18,  M. 

I  Act.  i.  1&. 

u  ^....:^„i,- __,.__  .i_  :„a„   mwilling  to  be  unjiut  to  tbe  sceowr 


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OB.t  J  EDUCATION  or  AM  OKATOK.  iU 

The  accuser*  of  Coesutianus  Capito  was  thongfat,  when  I  wu 
young,  to  have  made  a  vety  h^pj  remark,  in  Oreek,t  indeed, 
'  liut  to  this  effect,  You  are  tuhaaed  to  fear  even  Caiar.  15. 
But  the  most  effective  way  for  the  accuser  to  excite  the  feel- 
ings of  the  judge,  ia  to  n^e  that  which  he  lays  to  the  charge 
of  the  accused  appear  the  moat  atroeiotu  act  posaible,  or,  if 
the  subject  allow,  the  most  deplorable.  Atrocity  is  made  to 
appear  from  such  consideratione  as  these,  Jt^kal  hai  been  done, 
by  whom,  against  whom,  wUh  tekat  feeling,  at  what  titite,  in 
ukat  place,  in  what  manner;  all  which  have  infinite  ramifica- 
tiiins.  10.  We  complmn  that  somebody  has  been  besten ;  we 
must  first  speak  of  the  act;  and  then  state  whether  the 
Sufferer  was  an  old  man,  or  a  youth,  <x  a  magutrale,  ot  a  man 
of  hijfh  character,  or  one  wAo  has  deaerved  veil  of  his  country  ; 
also  whether  he  was  struck  by  some  pile  eonteinptibte  fdlow ; 
or,  on  the  other  hand,  by  some  tgraintieal  person,  or  by  some 
one  from  tahom  he  ought  least  of  all  to  have  received  such 
treatment;  also  whether  he  was  struck,  as  it  might  be,  on  a 
solemn  festival,  or  when  prosecutions  for  similar  offences  were  ' 
beimg  rigorously  conducted,  or  at  a  Hme  when  the  government  was 
unieltled.  or,  as  to  place,  in  a  theatre,  in  a  temple,  in  a  public  as- 
tembly,  for  under  such  circumstances  the  o£knce  is  aggravated ; 
IT.  also  whether  it  can  be  proved  that  he  was  not  struck  by 
mistake,  or  in  a  sudden  fit  of  passion,  or,  if  in  a  passion,  urith 
great  injustice,  when,  perhaps,  he  was  taking  the  part  of  his 
father,  or  had  made  some  replyX  to  the  aggressor,  or  tea* 
standing  for  office  in  opposition  to  him ;  and  whether  the 
aggressor  would  have  proceeded  to  greater  violenee  than  he 
actuaUy  committed.  But  the  manner  contributes  most  to  the 
heinousness  of  the  act,  if  he  struck  the  person  vioUntly,  or 
insultingh/ ;  as  Demosthenes  excites  odium  against  Meidias 
by  alluding  to  the  part  of  his  body  which  was  struck,  and  the 
look  and  mien  of  the  striker.  IS.  A  man  has  been  killed; 
we  must  consider  whether  it  was  with  ft  sword,  or  fire,  or 

•  Who  the  ■ocuBor  was  we  do  not  know.  It  nppean  from  Tacitus, 
Ann.  liij.  33.  thit  CouutiuiuB  Capito  woa  condeiuned  for  ezttHrtion  in 
his  proTmos  of  CSlioU.     See  also  Jut.  viu.  62. 

t  It  had  become  cnBtomaiy  to  plead  occaaionall;  in  Qreek  siiice  tbo 
time  of  Molo  the  tutor  of  Cicero  :  VaL  Max.  iL  2,  S. 

t  QuW  retpa^iuet.]  See  v,  7,  Hj  iii.  6,  16.  The  injuatioe,  wliicb 
the  aggressor  comiuitted,  had  nut  been  borne  by  tlie  jaung  man  ■■ 
sileaoe.     Compare  Tcreut.  Phurm.  Prol   19.     SpaliUug. 


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118  QCIimLUM.  [B.Tt 

poitoti ;  with  one  tuound  or  with  tevtral :  wbetber  tudienly,  or 
whether  he  was  made  to  languUh  i*  torture* :  nil  which  con- 
Biderations  have  great  effect  in  thia  waj'.* 

The  Bcciuer,  also,  often  attempts  to  exrite  pit;,  as  when  b« 
bewiuls  the  sad  fiite  of  bira  whose  cause  he  is  pleading,  or  the 
destitution  of  bis  children  or  parents.  19.  He  ma;  also  move 
the  judges  bj  a  representation  of  the  future,  showing  what 
viU  be  the  consequences  to  those  who  complain  of  violeoce 
and  injustice,  unleea  their  canse  be  avenged ;  that  they  must 
fiee  from  their  country,  sacrifice  their  propertg,  or  endure 
everything  that  their  enemiet  may  be  ditposed  to  infiict  on  lAew. 
SO.  But  it  is  more  frequentl;  the  part  of  the  accuser  to  guard 
the  feelings  of  the  judge  against  that  pity  which  the  accused 
would  seek  to  excite,  and  to  uige  him  to  give  judgment  with 
buldness.  In  doing  so,  he  may  also  anticipate  what  he  thinks 
bis  opponent  Lkely  to  say  or  do ;  for  this  course  makes  the 
judges  more  cantious  in  adhering  to  the  sacredness  of  their 
oath,  and  diminishes  the  influence  of  those  who  have  to  reply, 
since  what  has  been  once  stated  by  the  accuser,  will,  if  urged 
in  &vonr  of  the  accused,  be  no  Im^er  new ;  thus  Servius 
Sulpicius,  in  pleading  against  Aufidia,t  admonishes  the  judges 
that  the  danger  to  the  aitnestet  Jrom  thote  periontX  wo*  not  to 
be  brought  agaititt  him.  It  is  also  previouflly  intimated  by 
.£8cbines§  what  sort  of  defence  Demosthenes  was  likely  to 
use.  JadgtM  may  sometimes  be  instructed,  too,  as  to  answers 
which  they  shoutd  make  to  those  who  may  solicit  them  in 
faTonr  of  the  defendant ;  an  instruction  which  is  a  species  of 
rooapitukiion. 

SI.  As  to  a  party  on  trial,  bis  dignity, or  maidy  jnirwit*,  or 
Kmmdt  received  in  war.  or  nobility  of  birth,  or  t/te  tervicei  of  kit 
aneetton,  may  be  subjects  of  recommendatioii  to  him.  This 
kind  of  considerations  Cicero  and  Asinius  Pollio  have  urged 
even  emulously,  Cicero  |l  for  Scanrus  the  father,  and  Pollio  for 
Scaurus  the  son.     SS.  The  eaiue,  also,  which  has  brought  him 

'  Thsl  is,  in  heighteniiig  the  hemoumata  of  the  ohaive.  Sea»ect.l9> 

f  See  iv.  2, 106. 

X  Ah  yww.]  Who  ihoj  wore,  we  cannot,  from  the  few  frxgrnent* 
whjch  we  poweae  of  the  speech,  form  taj  conjecture,     fpalditig. 

e  See  Beisk.  Orat  Ui.  6»T,  808  :  Stoph.  liiiiii  2a-B4,  28;  811— 
6-23  i  SL  lixiiv.  38 — 88,  30.  See  also  Quint.  iiL  S,  S;  vii.  1,  S 
Spaldina. 

U  Sm  iv.  I,  69.    ytL  Max.  viii.  1,  10 


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CH.L1  KDUCATIOK  OP  AN   OFATOR.  413 

into  danger,  mar  ^  pleaded  in  his  bvour,  if  he  appear, 
for  exatn^e,  to  have  incurred  eamitj  for  some  honourable 
act,  and  his  goodness,  humanity,  pit;,  may  egpeciall;  bi' 
eulogized ;  for  a  person  eeeins  justly  to  solicit*  from  the 
judge  that  which  he  himself  has  shown  to  others.  In  thir 
part  of  a  speech.f  too,  allusions  may  be  made  to  the  jnAlic 
good,to  thehmour  of  the  judges,  to  precedent,  to  regard /or  poa- 
terUy.  33.  But  that  which  produces  tho  most  powerful  im- 
pression is  pit^,  nbich  not  only  forces  the  judge  to  change  his 
opinions,  but  to  manifest  the  feelings  in  his  breast  even  by 
tears.  Pity  will  be  excited  by  dwelling  either  on  that  which 
the  accused  has  suflerod,  or  on  that  which  be  is  actually 
soffering.  or  on  that  which  awaits  him  if  he  be  condemned ; 
representations  which  have  double  force,  when  we  show  irom 
what  condition  he  has  fallen,  and  iuto  what  condition  he  is  in 
danger  of  falling.  34.  To  these  considerations  age  and  sex  may 
add  weight,  as  well  as  objects  of  affection,  I  mean  children, 
parents,  and  other  relatives ;  and  all  these  matters  ma;  be 
treated  in  various  ways.  Sometimes  also  the  advocate  num- 
bers himself  among  his  client's  connexions,  as  Cicero  in  his 
speech  for  Milo  :{  O  unhappy  that  I  am  !  0  unfortunate  that 
Aou  a3t!  Could  you,  Milo,  by  means  of  those  who  are  this 
day  your  judge*,  recall  me  into  my  country,  and  eamtot  I,  by 
mean*  of  the  ttaae  judges,  retain  you  in  yoarsf  35.  This  is  a  very 
good  resource,  i£  as  was  then  the  case,  entreaty  is  unsuited  to 
the  party  who  is  accused  ;  for  who  would  endure  to  hear  Milo   - 


therefore,  sought  to  gain  Milo  §  the  favour  of  the  judges  for 
his  m^nanimity,  and  took  upon  himself  the  part  of  suppliant 
for  bim. 

In  this  part  of  a  speech  prosopopeia  are  extremely  effective, 
that  is,  fictitious  addresses  delivered  in  another  person's 
character,  such  a.4   are   suitable  either   to  a  prosecutor  or 

■  Tbe  text  bu  Jasli  enim  ttate  pelire,  but  Spalding  justlj  obeervea 
that  (itnc  U  uaeleu^  mnd  proposes  to  resd  JutUuimi  cnwa  petere. 

+  8ae  W.  1,  7.  He  meaos  that  such  alluaioiig  may  bs  mode  ia  Om 
peroratioit  as  well  sa  in  the  exordium. 

t  C.  37. 

I  I  i«Bd  iUi,  instead  of  SU,  with  Spddhig. 


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tU  QUINTimiC.  [B-TI 

fefenduit.*  Etoh  mate  objertst  tnay  toucli  the  feelings 
Mther  when  we  speak  to  them  ourgelres,  or  represent  th«m  as 
quaking.  Sfl.  But  the  feelings  are  j^g?  ntrfingly  iriwad  \^ 
the  pereo"jfirBtJnr' "^  nbi  "■"'■'"'..:  f|i"-  '!"■  judge  seems  not  I* 
tie  I^tening  to  an  orator  lamenting  the  sufferiDga  of  others, 
but  to  hear  with  his  own  ears  the  expreesiona  and  tones  of  tho 
unfortunate  suppliants  themselves,  whose  presence,  even  witfi- 
out  spm^  «ai^  W  auffiQisnt  to  call  forth  tears.;  and~lfl^ 
their  pleadings  would  excite  greater  pity  if  they  themselvea 
uttered  them,  so  the;  are  in  some  degree  more  effective  when 
they  are  spoken  apparontly  by  their  own  mouth  in  a  personi- 
fication ;  as  with  actora  on  the  st^e,  the  same  voice  and  the 
same  pronunciation  have  greater  power  to  excite  the  feeliuga 
when  accontpanied  with  a  mask  represenUng  the  character. 
37.  Cicero,  accordingly,  though  he  puts  no  entreatJes  into  the 
mouth  of  Milo,  but  rather  commends  him  to  favour  for  hia 
firmness  of  mind,  has  yet  attributed  to  him  words  and  lamen- 
laUona  not  unworthy  of  a  man  of  Rpirit ;  O  UAoun,  Hndtrttdcen 
btf  tiu  m  vain !  O  dteri^al  hopes !  0  thaughu,  cherished  by  me 
to  no pwrpoie! 

Yet  oui  aupplications  for  pity  should  net  he  long;;  as  it,i> 
observed,  not  witKautTvason.  that  nothing  Aries  tomer  tkan 
Uart.  38.  For,  since  tJme  lessens  even  natinal  sorrows,  the 
representation  of  sorrow,  which  we  produce  in  a  speech,  mnst 
lose  its  effect  slJIl  sooner;  and,  if  we  are  prolix  in  it,  the 
hearer,  wearied  with  t«ars,  will  recover  faia  tranquillity,  and 
retnm  from  the  emotion  which  had  surprised  him  to  the  eier- 
cise  of  his  reason.  39.  Let  us  not  allow  the  impressions  that 
we  make,  therefore,  to  cool,  bat,  when  we  have  raised  thy 
feelings  of  our  audience  tojM  ntmostj  let 'tis  quit  fEe  subject, 
and  not  expect  that  any  person  will  long  bewail  the  misfortunes 


■  Qaalet  Utigalortm  docttd  nl  potrOMMk]  All  (KomneDtfttora  bftva 
been  dieaBtJaQod  with  theaa  woraa.  Spalding  vei7  properlr  tekM, 
"  Whut  kinds  of  proiopopeia  are  suitable  to  >  patn/nutl  Snrdy  all 
kioda,  if  he  be  but  ■  iliil^  pleader.'  Oeduyn  renders  ttie  words,  t>4 
qu'  Si  eanmamail  i  tanocat-  oui  la  partie,  takxag  Uitgalar  in  Hie  sense 
of  "client"  I  have  thought  it  better  to  undersUiid  it  in  that  of 
"accuser"  or  " proBecutor."  Bollin  proposes  to  anbstitvle  tor  It  Ittit 
actortm,  in  that  sense,  but  Bunusnn  disapproves. 

t  Mula  foniM  ra.]   In  place   of  lamea  aam«  ma^pucripta  \»,v* 


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XBI-T  FnnRATION   OF  AK   ORITOS  4(5 

of  another.  Not  onlj  in  other  [larts  of  our  speech,  accordinglj, 
but  most  of  all  id  this  part,  our  eloquence  ought  gnuluallj  to 
rise ;  ior  whatever  does  not  add  to  that  which  has  been  aaid, 
seeme  even  to  take  away  from  it,  and  the  feeling  which  begioa 

to  subside  soon  posaes  away. 


.  WejasJi^cite  tears,  however,  r^ot  only  by  words,  but 
by  acta  J.  and  henoelfFecoilie  a  practice  to  "eiMbit  persona  on 
their"  trial  in  a  squalid  and  pitiful  garb,  accompanied  with  their 


children  and  parents  ;  hence,  too,  we  see  blood-stained  sworda 
produced  by  accusers,  with  fractured  bones  eibacted  from 
wounds,  and  garments  spotted  with  blood ;  we  behold  wounds 
unbound,  and  scourged  backs  exposed  to  view.  31.  The  e^ct 
of  such  exhibitions  is  generally  very  strong,  so  that  they  fix 
the  attention  of  the  spectators  on  the  act  as  if  it  were  com- 
mitted before  their  eyes.  The  blood-ettuned  toga  of  Julius 
CfBsar,  when  exhibited  in  the  forom,  excited  the  populace  of 
Borne  almost  to  madness.  It  was  known  that  he  was  killed ; 
his  body  was  even  stretched  on  the  bier;  yet  his  robe,  drenchg^ 
Jn  blood,  excited  such  a  vivid  idea  of  the  cnme,  that  Ciesae  ^ 
seemed  not  to  have  been  assasnnat^,  but  ta  be  subjected  to 
Assasaination  at  that  ver^  moment.  33.  But  I  would  not  for" 
that  reason  approve  of  a  device  of  winch  I  have  read ,  and  which 
I  have  myself  seen  adopted,  a  represeutation,  displayed  in  ft 
painting  <»-  on  a  curtain,  of  the  act  at  the  atrocity  of  which  the 
judge  was  to  be  shocked.  For  how  oMiBcioiis  must  a  pleader 
be  of  his  inefficiency,  who  thinks  that  a  dumb  picture  will 
speak  better  for  bim  than  his  own  words  ?  33.  But  a  humble 
^irfa,  and  wretched  appearance,  on  the  part  as  well  of  the 
accused  as  of  faia  relatives,  baa,  1  know,  been  of  much  effect ; 
aud  I  am  aware  that  entreaties  have  contributed  greatly  to  save 
accused  persons  from  death.  To  implore  mercy  of  the  judges, 
therefore,  by  the  defendant's  deareit  of^ecti  of  affectum,  (that 
is  to  say,  if  he  has  children,  wife,  or  parents.)  will  be  of  great 
advantage,  as  well  as  to  invoke  the  gods,  since  such  invocation 
seems  to  proceed  from  a  clear  conscience.  34.  To  fall  pros- 
trate, also,  and  embrace  the  knees  of  tlie  judge,  may  be 
allowable  at  times,  unless  the  character  of  tlie  accused,  and  hia 
past  life  and  station,  dissuade  him  bom  such  humiliation ;  foe 
^ere  are  some  deeds  that  ought  to  be  dsiiendfid  with  ,Jlig.,caDi& 
bo^QSia  saSh.  sihidi.  tliey  were  comnuUed^    But  r^ard  is  to 


..Cookie 


<1S  nviimuAS  [B.tr. 

ho  lud  to  the  defendant's  dignity,  with  such  cantiou  that  an 
ftffeneire  confidence  maj  not  appear  in  him. 

56.  Among  all  argumente  for  a  client,  the  most  potent,  in 
lormer  times,  was  that  by  means  of  which  Cicero  seems  chiefly 
to  have  saved  Lndus  Munena  from  the  eminent  men  wlw 
were  his  accusers,  when  he  persuaded  them  that  nothing  waa 
more  advantageous  for  the  state  of  things  at  that  periiKl  than 
that  Munena  thould  enter  on  hit  eontmUhip  the  dag  brfore  the 
Kalendi  of  January.*  But  this  kind  of  argument  is  nbollj 
■at  aside  in  our  days,  as  evei^thing  depends  ou  the  care  and 
protection  of  our  sovereign,  oud  conuot  be  endangered  by  the 
latue  of  any  single  cause. 

36.  T  have  spoken  of  proeecntois  and  defendants,  because 
't  is  on  their  trials  that  the  pathetic  is  chiefly  employed.  But 
private  causesf  also  admit  both  kinds  of  peromtions,  that 
which  consists  in  a  recapitulation  of  proofe,  and  that  which 
depends  on  the  excitement  of  the  feelings,  the  latter  having 
place  whenever  the  accused  party  is  in  danger  either  as  to 
Station  or  as  to  character ;  for  to  attempt  such  tr^c  pleadings 
in  trifling  causes  would  be  like  ttyiog  to  adjust  the  mask  and 
buskins  fflF  Hercules  ou  an  infiuit. 

57.  Nor  is  it  improper  for  tne  to  intimate,  that  much  of  the 
saccess  of  a  peroration  depends,  in  ray  opinion,  ou  the  manner 
in  which  the  defendant,  who  is  presented  before  the  judge, 
accomraodates  his  demeanour  to  that  of  him  who  plends  in  his 
bvour ;  for  ignorance,  rmtticilif,  Uijatu,  and  vvlgarity  in  a 
client  sometimes  damp  a  pleader's  efforts  ;  and  against  such 
untowardness  he  should  take  diligent  precaution.  36.  I  have 
seen  the  behaviour  of  clients  quite  at  variance  with  the 
language  of  their  advocate,  showii^  no  concern  in  their  coun- 
tenance, laughing  without  reason,  and,  by  some  act  or  look, 
making  even  oibers  lai^h,  especially  when  anything  was 
delivered  at  all  theatrically.  80.  On  one  occasion,  an  advo- 
cate led  over  a  girl,  who  was  said  to  be  the  Kilter  of  the 
adverse  party,  (for  it  was  about  that  point  that  llie  controversy 

*  Cicero  pro  Fl*co.  c.  B9,  asjs  tlikt  it  w&a  t:^  Qua  Br^mflDt  that  hi 
Mvad  Hnnena.  Qointiliui,  uya  Spalding,  •«ems  to  intimata  that  tbst 
ooQ^watioD  had  more  effect  on  the  judges  thnn  Ciccro'a  elaqnence. 

1*  Id  privat*  aiuea  there  wtu  properly  ouly  pttitar  and  vmdi  jMlilHr. 
In  public  otDN^  pnnecutor  and  defeudtLnt.    SpaUliHg. 


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OH.  Lj  BDDCATIOH   OF  AK   ORATOR.  4 1 1 

nas,)  b>  Hie  opposite  benches,*  as  if  intending  to  leave  her  in 
the  arms  of  her  brother ;  but  the  brother,  prerioualy  instructed 
by  me,  had  gone  off;  and  the  advocate,  although  an  eloquent 
man  at  other  tinges,  was  struck  dumb  hj  bis  unexpected  dis- 
appearance, and,  iFith  his  ardour  cooled,  took  his  little  girl 
iMck  again.  40.  Another  adrocate,  pleading  for  a  woman  who 
was  on  her  trial,  thought  it  would  have  a  great  effect  to  exhibit 
the  HkenesB  of  her  deceased  husband ;  but  the  image  excited 
little  ebe  but  laughter;  tor  the  persons  whose  business  it  was 
to  produce  it,  being  ignorant  what  a  peroratioit  meant,  dis- 
plajed  it  to  view  whenever  the  advocate  looked  towards  them, 
and,  when  it  was  brought  still  more  into  sight  at  the  conclusion, 
it  destroyed  the  effect  of  all  his  previous  eloquence  by  its  ugli- 
ness, being  a  mere  cast  from  an  old  man's  dead  body.t  41.  It 
is  well  known,  too,  what  happened  to  Glyeon,}  sumamed 
Spiridion :  A  little  boy,  whom  he  brought  into  court,  and 
asked  Why  he  oat  wetping,  replied,  "  That  he  had  had  his  eum 
pulled  by  his  tutor."§  But  nothing  is  better  adapted  to  show 
the  dangers  attendant  on  perorations,  than  the  story  of  Cicero 
about  the  Cepasii.jj  43.  Yet  all  such  mit>hapsare  easily  reme- 
died by  those  who  can  alter  the  fitshion  of  their  speech  ;  but 
those  who  cannot  vary  from  what  they  have  composed,  ai^ 
either  struck  dumb  at  such  oceurrences,  or.  as  is  frequently 
the  case,  say  what  is  not  true ;  for  hence  are  such  imperti- 
nences as  these  :  He  it  raumg  hi*  lupplicating  handt  Umardt 
your  knee*,  or,  He  u  locked,  wikappy  man,  in  the  embraea  of 
hit  chtidren,  or.  See,  he  reealls  my  attention,  &c. ;  though  the 
client  does  no  single  thing  of  all  that  his  advocate  attributes 
to  him,  43.  These  abaurdities  come  from  the  schools,  in 
which  we  give  play  to  our  imagination  freely  and  with  impu- 

■  The  dehadaat  wu  on  tiie  right  hand  Mats  ;  th«  ucunr  on  tlis 
left.  The  ftdvonte,  therafore,  trvufemd  tha  girl  from  hii  own  seat 
to  that  of  hu  &dv«mry,  with  &  view  to  produce  £l  moving  sceDC. 
TumcfitM. 

t  ThKt  luoh  outi  were  taken  unong  the  andtnits,  appears,  aa  Oeeoer 
rmuib,  from  what  Hiny  aaya  of  Lyiurtntai,  H.  N.  ixxt.  12. 

:  A  Qreek  ilietariidaii,  meationed  lerenl  timea  with  reapect  by 
Seoeoa  the  hther ;  for  initance,  p.  161,  ed.  Bip.     Spalding. 

i  KichoUi  Faber,  on  the  puiiage  of  Seneoa  just  quoted,  suppOMn 
thnt  the  bo;  had  really  beeo  beaten,  !□  order  that  he  might  appear  ID 
Uif  court  in  t«an,  but  that  it  WM  intended  he  ihould  be  lileat. 

II  3m  iv.  3,  19. 

■  I 


D,j„..;uL,  Cookie 


its  QoiKTiLUH.  \n.-n. 

nity,  beoauu  whatever  we  wish  k  eaj^waed  to  be  done ;  but 
Teolit;  doea  not  allow  of  such  suppositioDS,  and  CaesiiiB  Serenu 
made  a  moBt  Lappj  retort  to  a  joung  orator  who  said,  **  Why 
look  jou  so  Btemlj  on  me,  Severxa?'  "  I  did  not,  I  assura 
you,"  replied  Caaaius,  "but  jon  bad  written  those  words,  I 
suppose,  in  your  notes,  and  so  here  is  a  look  for  you,"  when  h« 
tbrew  on  him  as  terrible  a  glance  as  he  could  possibly  assume. 
4i.  The  student  ought  above  all  things  to  be  admonished, 
also,  (hat  an  orator  abonld  not  attempt  to  excite  tears,  unless 
he  be  endowed  with  extraordinaiy  genios  ;  for  as  the  eflect  oa 
the  feelings,  if  ho  succeeds,  is  cKtremely  powerful,  so,  if  ha 
is  unBucc««sfnl,  the  result  is  vapidity ;  and  a  middling  pleader 
had  better  leave  the  pathos  to  the  quiet  meditationg  of  the 
judges ;  46.  for  the  look,  tone,  and  even  the  very  face,  of  a  de> 
fendant  called  to  stand  befors  the  judges,  are  a  laoghing-stock 
to  such  persons  as  they  do  not  move.  Let  a  pleader,  therefore, 
in  such  a  case,  carefully  measure  and  oontem^ate  his  strength, 
and  consider  how  difficijt  a  task  he  will  have  to  undertake.  In 
the  reeolt  there  will  be  no  medium;  he  will  either  provoke  i 
lean  or  laughter.  ' 

4Q.  But  ^e  business  of  a  peroration  is  not  only  to  excite 
feelings  of  pity,  but  also  td  ffMllen  Uieia.jMUier  by  a  set  ~ 
spoecE',' which  may  recair'fhe  judges,  when  shaken  by  com- 
passion, to  consideradons  of  justice,  or  by  some  jocose  remark, 
as.  Give  the  ehild  a  cake,  that  he  mag  leave  off  crying ;  or,  as 
a  pleader  said  to  his  corpulent  chent,  idiose  opponent,  a  mere 
child,  had  been  carried  round  among  the  judges  by  kit  advo. 
cate.  What  thaU  I  dof  I  cannot  carry  you.  47.  But  such 
^teasautriea  must  have  nothing  of  bnfFoonery ;  and  I  Qannot 
prajse  the  orator,*~fhOilgtl  lie  war  -amei^lte'  moat  eminent  of 
iuB  time,  who,  when  some  children  were  brought  in  at  the  pero-  ( 
ration  by  the  opposite  party,  threw  some  playUtingst  among  ^ 
them,  for  which  they  began  to  scramUe ;  for  the  ohildren's 
insensibility  to  ill  that  threatened  them  might  of  itself  excite 
compassion.  48.  Nor  can  I  commend  him,  who,  when  a  blood- 
stained B^vord  was  produced  by  his  adversaiy.  which  he  offered 
as  a  proof  that  a  man  had  been  killed,  suddenly  took  flight,  as 

■  Who  Im  yvt,  I  find  Dothing  to  unst  me  in  ooujeotoriiiK.    TIn  I 

■toTj,  1  baUevs,  U  nowhera  alia  told  ! 

t  TUm:]  Bom*  ftom  the  poaCam  of  oleveD-footed  umnal>,  with  1 
which  \tojt  ware  ■oomnmad  to  pUj.    T^n^mt. 


CH.I,]  EDUCATION   OP  AW  ORATOR.  41% 

if  terrified,  from  his  seat,  and  looking  out  from  the  CKwd, 
irith  his  head  half  covered  niib  hia  robe,  asked  whether  the 
nan  with  the  *word  tnaa  yet  gone ;  for  be  raised  a  langh, 
indeed,  bnt  made  himself  at  the  same  time  ridicDlous.  49.  The 
effect  of  Guch  acting  is  to  be  dispelled  b;  the  calm  power  of  ekv 
quence  ;  and  Cicero  gives  us  excellent  examples,  who,  in  his 
oration  for  Rabirius,  attacks  with  great  force  the  prodnction  of 
tlie  Ukanese  of  Satuminns,*  aud,  in  his  speech  for  VareiiuB,t 
rallies  with  much  nit  the  jonng  man  whose  wound  was  unbomid 
from  time  to  time  during  the  triaL 

50.  There  are  also  perorations  of  a  milder  sort,  in  which 
tre  seek  to  pacify  an  adversary,  if  bis  character,  for  instance, 
be  such  that  respect  is  due  to  him,  or  in  which  we  give  him 
some  friendly  admonition,  and  exhort  him  to  concord ;  a  kind 
of  peroration  that  was  admirably  managed  by  Passienns,]; 
whrai  he  pleaded  the  cause  of  his  wife  Dumitia,  to  recover  a 
sum  of  money,  against  her  brother  ^nobaibua,  for,  after  he 
had  enlarged  on  their  relationship,  he  added  some  remarks  on 
their  fortune,  of  which  both  had  abundance,  saying,  There  it 
nothing  of  mhieh  you  have  let*  need  than  that  aitout  which  you 
are  contejiding. 

6 1 .  But  all  these  addresses  to  the  feelings,  though  they  are 
thought  by  some  to  have  a  place  only  in  the  exordium  and  the 
peroration,  in  which  indeed  they  are  most  frequently  intr« 
duced,  are  admissible  also  in  other  parts,  bat  more  sparingly, 
as  it  is  from  them  that  the  decision  of  the  cause  must  be 
chiefly  evolved  ;§  bnt  in  the  peroration,  if  anywhere,  we  may 
call  forth  all  the  resources  of  eloquenc«;  69.  for  if  we  have^_,-' 
treated  the  other  parts  suocessfully,  we  are  secure  of  the  at- 
tention of  the  judges  at  the  conclusion ;  where,  having  passed 
the  rocks  and  shallows  on  onr  voyage,  we  may  expand  our 

•  TUm  LabiniDi,  tht  ti 
«f  Ludiu  Satnmmna,  kiUt 
See  Cio.  pro  Babir.  o.  9. 

t  See  V.  13,  2S. 

X  The  bueband  of  A^pptna,  md  etop-hther  of  Kero.  He  h»A 
heea  preriouBl]'  mBiried  to  bomitU.     Set  e.  3,  HcL  74  ;  Z-  1,  U. 

i  Ul  giMHH  ea  iit  piuTima  til  ret  enmulo.]  Ki  aliig  irtiB  p»rtibus— ^ 
videli(!et  narrandi  at  proAotuJi— — veritu  rei  mailme  eat  erueudo,  nee 
pitiimtar  propterea  magnain  nSectamn  eopUm  et  diutoniiteitem  ;  oouf. 
liL  9,  B.  PIsrinM  rtt  Beemi  to  be  for  "  plurimimi  ru,  rnKtima  p«n 
m."    BpaUiKg, 


D,j„.„^L,  Cookie 


190  QiriNTILTAK.  |ll.TT. 

Bula  in  sftfetjr ;  snil,  as  ampliGcatJon  fonus  the  greatest  part 
of  a  peroration,  we  mar  use  langn^e  and  thoughts  of  the 
greatest  magnificence  sua  elegance.  It  is  then  that  we  ma; 
shake  the  theatre,  when  we  come  to  that  with  which  the  old 
tragedies  and  comedies  were  concluded,  Plaudite,  "  Give  us 
your  applauae." 

53.  But  in  other  parte  we  must  work  upon  the  feelings,  aa 
occasion  for  working  on  any  of  them  may  present  itaetf,  for 
matters  of  a  horrible  or  lamen-^ble  nature  should  never  be 
rclafid  without  exciting  in  the  mind  of  the  jndges  a  feeling  in 
conformity  vrith  them;  and  when  we  discuss  the  quality  of 
any  act,  a  remark  addressed  to  the  feelings  may  be  aptly  sub- 
joined to  the  proof  of  each  particular  point.  54.  And  when 
ve  plead  a  complicated  cause,  consisting,  it  may  be  said,  of 
eeverat  causes,  we  shall  be  under  the  necessity  of  using,  as  it 
were,  seversl  perorations ;  as  Cicero  has  done  in  his  pleading 
against  Verres ;  for  he  has  lamented  over  Philodamus,*  over 
the  captains  of  the  vessels.t  over  the  tortures  of  the  Boman 
citizens,!  and  over  several  other  of  that  prget«r's  victims.  56. 
Some  coll  these  /u^inoi  Wikt^oi,  by  which  they  mean  part*  of 
a  divided  peroration;  but  to  me  thev  eeem  not  so  much  parts 
83  species  of  perorations:  for  the  very  terms  *iri>.«j-«e  and 
peroratio  show,  clearly  enough,  that  the  concluuon  of  a  speedi 
is  implied. 


CHAPTER  II. 

liecesutj  of  studying  how  to  work  od  the  mrnds  of  the  judgei,  I  I,  2, 
Thig  dBpartment  of  oratory  requires  great  ability,  8 — 7.  Of 
irdODf  and  ^Bae,  8— S4.  If  ve  would  move  otben,  wo  muat  fe«l 
moved  ouTEelTSB,  2S— 3S.  Of  preBentiug  inuigeB  to  the  imiigiiiatioti 
of  our  hcaren,  20 — 8S.  FnpUs  ahould  he  eierdEod  in  diu  In  tlw 
•ehoola,  8«. 

1,  Bin*  though  the  peroration  is  a  principal  part  of  judicial 
causes,  and  is  chiefly  concerned  with  the  feelings,  and  though 
I  have  of  necessity,  therefore,  said  something  of  the  feelings 

•  In  Verr.  L  V>. 
t  V.  *B,  *a 


t,  Google 


OH.U.]  EDDCATIOH   OP  AH    ORATOR.  421 

in  treating  of  it,  j'et  I  could  not  bring  the  whole  of  that  sub- 
ject under  one  head,  nor  indeed  should  1  have  been  justified 
in  doing  so.  A  dutj  of  the  orator,  accordiugl;,  still  remsios 
to  be  conaidered.  which  is  of  the  greatest  efficacy  ia  securing 
his  Buccess,  and  is  of  far  more  difficulty  than  any  of  those 
already  noticed,  I  mean  that  of  influencing  the  miiids  of  the 
judoes,  and  of  moulding  and  transforming  tbem,  as  it  were, 
to  that  dispositiou  which  we  wi^  them  to  assume.  3.  With 
regard  to  tliis  point.  I  have  touched  on  a  few  particulars,  such 
as  the  subject  called  forth,  but  so  as  rather  to  show  what 
ought  to  be  done  than  how  we  may  be  able  to  effect  it.  The 
nature  of  the  whole  subject  must  now  be  considered  more 
deeply. 

Throughout  the  whole  of  any  cause,  as  I  remarked,*  there 
is  room  for  addresses  to  the  feelisgs.  The  nature  of  the  feel- 
ings is  varied,  and  not  to  be  treated  cursorily ;  nor  does  the 
whole  art  of  oratory  present  any  subject  that  requires  greater 
study.  S.  As  to  other  matters,  moderate  and  limited  powers  of 
mind,  if  they  be  but  aided  by  learning  and  practice,  may  in- 
vigorate them,  and  bring  them  to  some  fruit ;  certauily  there 
are,  and  always  have  been,  no  small  number  of  pleaders,  who 
could  find  out,  with  sufficient  skill,  whatever  woidd  be  of  ser- 
vice to  establish  proofs;  and  such  men  I  do  not  despise, 
though  I  consider  that  their  ability  extends  no  farther  than 
to  the  communication  of  instruction  to  the  judge ;  and,  to  say 
vbat  I  think,  I  look  upon  them  as  fit  only  to  explain  canses 
to  eloqnent  pleaders ;  but  such  as  can  seize  the  attention  of 
the  judge,  and  lead  him  to  whatever  frame  of  mind  he  desires, 
forcing  him  to  weep  or  feel  angry  as  their  words  influence 
him.t  are  but  rarely  to  be  found.  4.  But  it  is  this  power  that 
is  supreme  in  causes ;  it  is  this  that  makes  eloquence  efiec 
tive.J  As  to  arguments,  they  generally  arise  out  of  the  cause, 
and  are  more  numerous  on  the  side  that  has  the  greater  jus- 
tice ;  ao  that  he  who  gains  his  cause  by  force  of  arguments, 
will  only  have  the  satisfaction  of  knowing  that  his  advocate 

•  C.  1,  sect  51. 

f  Quo  dieto  Jlendium  tl  JrofeMdMn  ant^  Dido,  u  Spalding  obserrc^ 
Mimot  bs  con«ct  He  would  sither  alter  It  into  dieenU,  or  oonudei 
tlw  whole  phrase  M  a  gloM.     I  slioiild  prefer  the  alt«FBtioD.  , 

J  The  text  ie  hoc  Aiqitemtiam  regwnt,  but  con  hardly  be  uiund,  u 
tlu  dngulsT  kix  immediately  precede!.  The  state  of  the  text  iu  man; 
pert*  lA  this  chapter  Is  veij  unsaUsfaotorj. 

D,j„.„^L,  Cookie 


423  quiiniLUiS.  [&ti 

did  not  bil  him.  ft.  Bnl  Then  riolenoe  is  to  be  offered  la 
the  minda  of  the  judges,  and  their  thonghu  are  to  be  drawn 
swaj  from  the  contemplatioD  of  truth,  then  it  is  that  the  pe- 
culiar dutf  of  the  orator  is  reqiured.  This  the  ooniending 
partiea  cannot  teach ;  thia  cannot  be  put  into  written  inatruc- 
tiona.  Proob  in  our  favour,  it  b  true,  may  make  the  judge 
think  our  cauM  the  better,  but  impressions  on  his  feeling 
make  him  wish  it  to  be  the  better,  and  what  he  wishes  be  also 
believes.  5.  For  when  judges  begin  to  feel  indignant,  to  fiiToar, 
to  hftt«,  to  pity,  they  &ncy  that  their  own  cause  is  concerned ; 
and,  as  lovera  are  not  competent  judges  of  beauty,  beeaose 
passion  overpowers  the  sense  of  sight,  so  a  judge,  when  led 
away  by  hia  feelings,  loses  the  &culty  of  discerning  truth  ;  he  j 
is  hurned  alotig  as  it  were  by  a  flood,  and  yields  to  the  force  : 
of  a  torrent.  T.  What  effect  arguments  and  witnesses  have  i 
produced,  it  is  only  the  final  decision  that  proves;  but  the  . 
judge,  when  hia  feelings  are  toacAiad  bj  the  orator,  shows, 
while  he  is  still  sitting  and  hearing,  what  faas  JWjHnalioB  ia. 
When  the  t«ar,  which  is  the  great  object  in  most  |iiiiiiiiiliiiB. 
swells  Ibrth,  is  not  the  sentence  plainly  pronounced  ?  To 
this  end,  then,  let  the  orator  direct  his  efforts;  this  is  his 
work,  this  his  labour  ;*  wiibont  this  everytbiog  else  is  bare  and 
meagre,  weak  and  unattractive ;  so  true  is  it,  that  the  life  and 
soul  of  eloquence  is  shown  in  the  effect  produced  on  the 
feelings. 

H.  Of  feelingv,  as  we  are  taught  by  the  old  writers,  there 
are  two  kinds ;  one,  which  the  Greeks  included  under  the  term 
vdti>(,  which  we  tiHuslate  rightly  and  literally  by  the  woid 
■>>-"  passion^''  the  other,  to  which  they  give  the  appellBtion  ^An, 
f^iHshietl,  as  I  consider,  the  Roman  language  has  no  equiva- 
lent term;  it  is  rendered,  however,  by .  vwres.  "  yyfHiiiiHni  ■''    ^ 
whence  that  part  of  philosophy,  which  the  Greeks  call  qAxq,  is 
called  ffloroJw,  "  jgsral."     9.  But  when  I  consider  the  nature 
of  the  thing,  it  tqipears  to  me  that  it  is  not  so  mnch  mortt  in       ! 
general  that  is  meant,  as  a  certain  prop^taa  morum,  or.'^^^ 
jiriety  of  manners ;"  for  under  the  wot^ •mor»s\»  comprehen^T      | 
every  habitude  of   the   mind.     The   mffr6  'cautious  writers,       I 
tberefoie,  have  ch08en~ratbef  to  express  the  sense  than  tc       ' 
interpret  tlte  words,  and  have  designiUed  the  one  class  of  feel- 
ings as  the  more  violent,  the  other  as  the  more  gende  and  cahn , 
*  Hat  oput  hielaborml.    Vii-g.  Sa  vi.  138. 


D,j„..;^L,  Cookie 


OB.  IL  XDUCATint  OF  AIT  ORATOR,  433 

under  wdttt  tUey  btre  included  the  Btnmger  posBona,  wider 
Uttf  the  gendor.  paying  that  the  former  ue  adapted  to  com- 
mand, thi»  latter  to  persaade,  the  former  to  disturb,  the  lattei 
to  conciliate.  10.  Some  c^  the  verj  learned*  add  that  the 
eSaet  of  the  niiK  fa  but  transitory ;  but  nhile  I  admit  that 
"diis  is  more  generally  the  case,  I  consider  that  thera  are  some 
■iihiwnM  whinh  rwquirH  a  pflrtnaiwnt  Btrain  tif_rAiite  to  run 
tjirough  thi^  whnlq  pf  thepji.  Addresses  however totEe  mltSer 
feelings  require  not  lees  art  and  practice,  though  the;  do  not 
onll  for  BO  much  energy  and  vehemence  ;  and  tiiey  ent«r  into 
the  ni^oiity  of  causes,  or  rather,  in  some  sense.t  into  all ; 
11.  fbr  as  nothing  is  treated  by  the  orator  that  may  not  be 
referred  either  to  wiltt  or  iStt.X  whatever  is  said  concerning 
honour  or  advantage,  concerning  things  that  may  be  done  or 
may  not  be  done,  is  very  properly  included  under  the  term 
0thie.  Some  think  that  eommmdation  and  palliation  are  the 
peculiar  duties  of  the  it»t,  and  I  do  not  deny  that  they  fall 
under  that  head,  but  I  do  not  allow  that  they  are  its  only 
object.  13.  I  would  also  add  t^iat  ratte  and  i0»s  are  some- 
times of  the  same  ature,  the  oue  in  a  greater  and  the  citbAB 
in  a  less  degree,  a^IotWj.ibr  instance,  will  be  ^riitt.  ^Syriend- 
t^^igtt-  and  sometimes  of  a  different  nature,  as  vlHvrrin^  a 
peroration,  will  excite  the  judges,  and  ^tot  soothe  them. 

But  I  must  develope  more  precisely  the  force  of  the  term 
ilt(,  as  it  seems  not  to  be  sufficiently  intimated  by  the  word 
itself.  13.  The  ?%,  of  which  we  form  a  conception,  and  which 
we  desire  to  find  in  speakers,  is  recommended,  above  all,  by 
gnpdpCTB.  being  not  only  mild  and  placid,  but  for  the  most 
Wt  pleasulg  and  polite,  and  amiable  and  attractive  to  the 
bearers:  and  the  greatest  merit  in  the  eipreasion  of  it,  is, 
that  it  should  seem  to  flow  from  the  nature  of  tiie  things  and 

*  AdjicHOit  qtUdam  perifi>mni  xaBet;  lemponUi  mm.]  The  atnmgSDeu 
of  the  word  peritomm  mcjucea  Spalding  to  luepect  th*t  Ha  wordi 
stood  originftllf  thus  :  Adjidunt  fiUdam  ptrpetmHfi  iSos,  xaOos  tempo- 


over  ouinot  bo  placed  under 
......  ~     ...  ^^ 

id  utilia,  but  tbia  mwla  u  w)  fonwd  that  1 


D,j„..;uL,  Cookie 


484  QOiimLuif.  fan 

penona  with  which  we  wn  cooceraed,  bo  thkt  ibe  moral  cha- 
racter of  the  speaker  maj  clearly  appear,  and  be  recognbEed 
as  it  were,  in  hie  diBcourse.  14.  This  kind  of  q^acot^t  especi- 
ally to  preriul  be  tireen  persona  closely  connected,  as  often  aa  thej 
endure  anything  from  each  other,  or  giant  pardon,  or  aatisfiio- 
tion,  or  offer  admonition,  all  which  should  be  free  from  anger, 
or  dislike.  But  the  ijfc;  of  a  &ther  towards  his  son,  of  a 
guardian  towards  his  ward,  of  a  husband  towards  bis  wife,  (all 
of  whom  mauifest  affection  for  those  with  whom  they  are 
oAended,  and  throw  blame  upon  them  by  no  other  means  tbaa 
showing  that  they  love  them,)*  is  Tery  different  from  that 
which  is  shown  by  an  old  man  towards  ayoung  one  from  whom 
he  has  received  an  iasult,  or  from  that  of  a  man  of  rank 
towards  an  inferior  who  has  been  disrespectful  to  him,  (for  the 
man  of  rank  may  only  be  provoked,  the  old  man  most  also  be 
concerned.)  IS.  Of  the  same  character,  thongh  less  afiecting 
to  the  feelings,  are  toUcitatiotit  for  forgivmtti,  or  apologies  for 
tks  amoun  of  youth.  SometiiDes,  too,  a  little  gentle  raillery 
of  another  person's  heatf  may  have  its  Bourse  in  the  qAa;, 
though  it  does  not  proceed  from  such  a  source  only.  But 
what  mote  peculiarly  belongs  to  it  is  nmulotion  of  tonu  virtw, 
of  making  satiifMtion  to  ipmt  one,  and  liptnkt  i«  atking  ques- 
tioM,  which  means  sometliing  different  from  that  which  it 
expreaees.  16.  Hence  also  springs  that  stronger  appeal  to  the 
feelings,  adapted  to  draw  the  dielike  of  the  judge  on  an  over- 
bearing adversary,  when,  by  feigning  submission  to  him,  we 
imply  a  quiet  censure  on  his  presumption;  lor  the  very  fact 
that  we  yield  to  him,  proves  him  to  be  arrogant  and  insupport- 
able ;  and  orators  who  are  fond  of  invectivo,  or  affect  liberty 
of  speech,  are  not  aware  how  much  more  effective  it  is  thus  to 
throw  odium  on  an  opponent  than  to  reproach  him,  since  that 
kind  of  treatment  renders  him  disliked,  while  reproach  would 
bring  dislike  on  ourselves.  17.  The  feeling  arising  from  our 
love  and  regard  for  our  friends  and  relatives  is,  we  may  Bay,  of 
an  intermediate  character,  being  etrocger  than  qfcc  and  weaker 
tlian  tr&hf. 

It  is  not  without  eignificance,  too,  that  we  call  those  exer- 

*  While  the  objects  of  their  lova  muke  no  proper  rstom  for  it.— 
A  little  below,  we  mnat  for  tUic,  u  Spalding  aWrv«a,  read  ^. 

f  Alitai  cdlort),]  The  beat  which  othera  exhibit  in  Uamiug  or 
kucueiog  tboee  wboin  we  have  uodeHaken  to  defend.     Coppcrirnvr, 


D,j„.;uL,Coogk' 


CB.  n.]  IDPCATION   OF  AN   OUrOR.  42ft 

ciaes  ot  the  schools  ifAg.  ia  which  we  are  dccoBtomed  to  repre- 
sent the  characters  of  the  rustic,  the  superstitious,  the 
avaricious,  the  timid,  agreeably  to  the  thesis  proposed  for  dis- 
cussion. For  aa  i3^^  are  manners,  we,  in  imitating  manners, 
adapt  our  speech  to  diem. 

18.  AH  this  species  of  eloouence,  however,  requires  the  'i 
speaker  to  be  a  man  of  good  character,,  ^and  of  pleasing  * 
mannere.  The  viriuea  whichTie"  ougEt  to  pmise,  if  possible, 
iu  his  chent,  he  should  possess,  or  be  thought  to  possess,  him- 
self. Thus  he  will  be  a  great  support  to  the  causes  that  he 
undertakes,  to  which  he  will  bring  credit  hj  his  own  excellent 
qualitjes.  But  he  who,  while  he  e^aks,  iajhought  n  hml  ipfln 
must  certainIy"speo£  inefiecljvelv  ;  for  he  will  not  he  thought 
to  speak  sincerely ;  if  he  did,  his  ^ioi,  or  character  would 
appear.  19.  With  q  view  to  credibility,  accordingly,  the  style 
of  speaking  in  this  kind  of  oratory  should  be  calm  and  mild ; 
it  requires,*  at  least,  nothing  of  vehemence,  elevation,  or  sub- 
limity ;  to  speak  with  propriety,  in  a  pleasii^  manner,  and  an 
airof  probahility,  is  sufficient  for  it;  ajid  the  middling  sort  of 
eloquence  is  therefore  most  suitable. 

20.  What  the  Greeks  call  trades,  and  we,  very  properly, 
__jiffetut,is  quite  different  from  that  which  is  referred  to  the 
n^oc  :  and  that  I  may  mark,  as  exactly  as  I  can,f  the  diversity 
between  them,  I  wouJd  say  that  the  one  is  similar  to  comedy, 
the  other  to  tragedy.  This  kind  of  eloquence  is  almost  wholly 
engaged  in  eiciting  anger,  hatred,  fear,  envy,  or  pity ;  and 
horn  what  sources  its  topics  are  to  be  drawn  b  manifest  to  all, 
and  has  been  mentioned  by  me}  in  speaking  of  the  exordium 
and  peroration.  31.  Fear,  however,  I  wish  to  be  understood 
in  two  senses,  that  which  we  feel  outlives,  and  that  which  we 
c^use  tA  others ;  and  I  would  observe  that  there  are  two  sorts 
of  invidia,  "  dislike,"  one  that  makes  middum,  ■'  envious," 
and  another  that  makes  invidiorum,  "  dishked."^  The  first  ia 
applied  to  persons,  tiie  second  to  things ;  and  it  is  with  this 
that  eloquence  has  the  greater  difBculty ;   for  thoi^b  some 

*  All  Uie  texts  tiave  detideret,  but  we  aaut  read,  u  Bollin  mji, 
deiidtral. 

■f  JVorim*.]  TYisAie  yraximi  ad  vtritalem,  Tudm  wriwimJ  jlert  yolut. 
Spalding. 

I  B.  iv.  c  1,  and  b.  vL  e.  1.     Spaldiag. 

I  Altera  invidntn,  altera  mvidiotufn  foot.}  "H  y  ■  deux  sortei  dt 
liaiuf^  culle  q~je  Ton  resKot  at  oeUe  que  Voa  eicita.      Qedofn. 

D,j„..;uL,  Cookie 


lU  QDINTILIAN.  [b.  VI. 

things  are  detesuble  in  themselves,  as  parrieid*.  murder, 
poitonmg,  others  require  to  be  made  to  appear  bo.  S2.  Such 
ropreseDtation  ia  made,  either  by  showing  that  what  we  have 
BiuTered  ia  more  giievoos  than  evils  OTdinarilj  considered 
great ;  as  in  diese  linea  of  Vii^l,* 


0  happy  them  above  all  oth«r  muda. 
Daughter  of  Priam,  doom'd  to  die  before 
Th;  enemj'a  tomb,  beneath  the  lofty  vsjla 
Of  Troy  I 

(for  bow  wretched  was  the  lot  til  Asdremacbe,  if  that  of 
Pol^rxena,  corap&red  with  ban.  wm  happy  1)  23.  or  b;  mag- 
nifying BDme  iiymy  that  we  have  received,  so  as  to  make  even 
iqjuiieB  that  «re  for  lesa  appear  intolerable ;  as,  If  you  had 
Mnmt  me,  yoM  would  have  been  ittexeuiabk  ;  hvt  yaw  vou»ded 
ne.  But  Uiese  points  1  shall  consider  with  more  attention, 
when  I  come  to  speak  of  ampliScation.  In  the  mean  lime, 
I  shall  content  myself  with  observing  that  the  object  of  the 
pathetic  ia  not  only  that  those  things  may  appear  grievous 
and  lamentable,  which  in  reality  are  so,  but  also  that  those 
which  are  generally  regarded  as  inconsiderable,  may  seem 
intolerable;  as  when  we  say  that  there  is  more  injury  in 
a  verbal  insnlt  than  in  a  blow,  or  that  there  ia  more  punishment 
in  dishonour  tbtm  in  death,  S4.  For  such  is  the  power  of 
eloquence,  that  it  not  only  impels  the  jndge  to  that  to  which 
he  is  led  by  die  nature  of  the  matter  before  him,  but  excites 
feelings  which  are  not  suggested  by  it,  or  strengthens  such  as 
are  suggested.  This  is  what  the  Greeks  call  Stitueit,  language 
adding  force  to  thiug^  anbeoommg,eniel,iiete8tab)e;  in  which 
excellence,  more  than  iu  any  other,  Demosthenes  showed  his 
extraordinary  power, 

S6.  If  I  thought  it  sufficient  merely  to  adhere  to  the  pre- 
cepts that  have  been  delivered,  I  should  do  enough  for  this 
part  of  my  work  by  omitting  nothing  that  I  have  read  or 
learned,  that  is  at  all  reasonable,  on  the  subject ;  but  it  is  my 
intention  to  open  the  deepest  recesses  of  the  topic  on  which 
we  have  estered,  and  to  set  forth  wliat  I  have  acquired,  not 
from  any  teacher,  but  from  my  own  experience,  and  under  the 


D,j„..;uL,  Cookie 


OH.n.]  BDUCATIOM   OF  AN   OKATOR.  42? 

guidance  of  nature  herself.  36.  The  chi«f  reqnisiCr,  then,  ( 
yr-nifi*'Vi'g  the  feelings  of  others,  is,  as  far  as  I  can  judge,  ^ 
that  we  ourselves  be  moved ;  for  the  aKumption  of  grief,  and 
anger,  and*  indignation,  will  be  often  ridiculous,  if  we  adapt 
merely  our  words  and  looks,  and  not  our  minds,  to  those 
passions-  For  what  else  is  the  reason  that  mourners,  when 
their  grief  is  fre»h  at  least,  are  beard  to  utt«r  exclamations  of 
the  greatest  expressiveness,  and  that  anger  sometimes  produces 
eloquence  eren  in  the  ignorant,  but  that  there  kre  strong 
sensations  in  them,  and  sincerity  of  feeling  ?  S7.  In  deliver- 
ii^,  therefore,  whatever  we  wish  to  appear  like  truth,  let  us 
assimilate  ourselves  to  the  feelings  of  those  who  are  truly 
affected,  and  let  onr  language  proceed  from  such  a  temper  of 
mind  as  we  would  wish  to  excite  in  the  judge.  Will  he  grieve, 
let  me  a^,  who  shalt  hear  me,  that  speak  for  the  purpose  of 
moving  hiia,  expressing  myself  without  concern  ?  Will  he  be 
angry,  if  the  orator  who  seeks  to  excite  him  Co  anger,  and  to 
force  him  to  it,  shows  no  like  feeling?  Will  he  shed  tears 
at  the  words  of  one  who  pleads  with  dry  tjae  ?  38.  SnA 
■Mala  are  BBpaasifale.  We  «re  not  bnned  widunit  fire,  or 
wet  without  moisture ;  nor  does  ona^ng  give  to  another  the 
colour  which  it  has  not  itaelf. /Our  first  object  must  be, 
therefore,  that  what  we  wish  to  impress  the  judge  may  impress 
ourselves,  and  thatjve  may  be  touched  ouraelves  before  we 
b^n  to  touch  others.  / 

29.  But  by  what  rneans,  it  may  be  asked,  shall  we  be  affected, 
since  our  feehngs  are  not  in  our  own  power?  I  will  attempt 
lo  say  something  aW-ilii,  this  point.  What  the  Greeks  call 
famtrlai  we  ea]\visionea  i  images  by  which  the  representations 
of  absent  object^are  >e^  distinctly  represented  to  the  niiud, 
that  we  seem  to  see' them  with  our  eyes,  and  to  have  them 
before  us.  30.  Whoever  shall  best  conceive  such  images,  will 
have  the  greatest  power  in  moving  the  feelings.  A  man  ol 
such  lively  imagination  some  call  tit^airaeluroc,  being  one  who 
can  vividly  represent  to  himself  thinra,.  .voices,  actions,  with' 
the  exactness  of  reality ;  and  this  ikculty  may  readily  be 
^acquired  by  ourBclves  if  we  desire  iL  When,  for  example, 
wmle  the  mind  is  unoccupied,  and  we  are  indulging  in 
chimerical  hopes,  and  dreams,  as  of  men  awake,  the  images  of 
which  I  am  spealiing  beset  us  so  closely,  that  we  seem  to  be 
on  a  journey,  on  a  voyage,  iu  a  battle,  to  be  haranguing 


L,  Google 


<aB  VfUfTILUir.  iK.n. 


I  of  people,  to  diapooe  of  wealth  whicb  we  do  not 
poeec— ,  and  not  to  be  thinking  hot  acting,  shall  we  not  turn 
thiatawlfliLftiuutpf oarnuDdLlooaradTaiitage?  31.  Imake 
a  complaint  that  a  man  lias  been  murdered ;  ehall  I  not  bring 
before  mj  ejes  eTerjttaii^  that  is  likely  to  hare  hajmened 
when  the  murder  occurred  ?  Shall  not  the  assassin  soddenlj 
sallj  forth  ?  Shall  not  the  other  tremble,  err  ont,  sopplicate, 
or  flee?  Shall  I  not  behold  the  one  stnking,  the  other 
falling?  Shall  not  the  blood,  and  paleness,  and  last  gasp  of 
the  expiiing  victim,  present  itself  futlj  to  mj  mental  view  ? 
33.  Hence  will  result  that  ifAg/iitt,  which  b  called  bj  Cicero 
iUuttration  and  evidenliteti,  which  seerna  not  ao  much  to 
narrate  as  to  exhibitj  and  our  feelings  will  be  mored  not  less 
sirmglj  ttiSn^iT  we  were  actually  present  at  the  af&ln  of 
which  we  are  speaking.  Are  not  the  following  descriptiona 
to  be  numbered  among  representations  of  this  nature  ? 
Smmi  imamibn*  radii,  mnbilaqnt  penta  .-* 


88. Ltng*€  palvus  in  ptdort  TtUnvt  .-i" 

The  gnpiiig  wound 
In  hii  muMth  bisMt. 

And  that  of  the  horse  at  the  funeral  of  Fallaa, 

jnmMi  imignilHU J 

BU  tnppiiigi  laid  saida . 

Has  not  the  same  poet  also  conceived  with  the  deepest  feeling 
the  idea  of  a  man's  during  momenta,  wheu  he  says 

Jt  dldcei  morieni  reminiicihB-  JrffM,S 

And  OD  bii  deareit  Argos  thinks  in  death  I 
SI.  yWhere  there  is  occasion  for  moving  compassion,  too,  we 
must  endeavour  to  believe,  and  to  feel  convinced,  that  the  e^ilo- 
of  which  we  complain  have  actually  happened  to  oar8clve!j/ 
We  must  imagine  ourselves  to  be  those  very  persons  for  wEom 
we  lament  as  having  suffered  grievous,  undeserved,  and  pitiable 
treatment;  we  must  not  plead  their  cause  as  that  of  another, 

■  Virg.  Ma.  ii.  tl9. 
t  JBa.  si.  10. 

j  Md.  li  89. 


Digiiizcdt*  Google 


OH.n.]  ED0CATIOK   OF  AH  ORATOK.  439 

but  most  endeavonr  bi  feel  for  a  tima  their  aufierings ;  and 

thua  we  sha.!!  e&y  for  them  what  we  should  in  einular  circuqi- 
stances  saj  for  ourselves.  85.  I  liave  oflen  seen  actors,  boih' 
iii  ir8{{eily  iiT]fl'c6fH<!dy,  when  they  laid  aside  their  maslc  after 
going  through  some  distressing  sceae,  quit  the  theatre  weeping ; 
and  if  the  mere  delivery  of  what  b  written  by  another  can 
add  such  foice  to  fictitious  feelings^  what  effect  ought  we  to 
produce,  when  vi  ahuUld'letil  what  we  express,  and  may  be 
moved  at  the  condition  of  those  who  are  on  their  trial  ? 

86.  In  the  schools,  also,  it  would  be  proper  for  learners  to 
feel  moved  with  the  subjects  on  which  they  epeok,  and  imagine 
that  they  are  real,  especially  as  we  discuss  matters  there 
more  frequently  aa  parties  concerned  than  as  advocates.  Wa 
assume  the  character  of  an  orphan,  of  a  person  that  has  been 
shipwrecked,  or  one  that  is  in  danger  of  losing  his  life ;  but 
to  what  purpose  is  it  to  assume  their  charBcters,  if  we  do  net 
adopt  their  feelings  ?  This  art  I  thought  should  not  be 
concealed  from  the  reader,  the  art  by  which  I  myself  (whatever 
is  or  was  my  real  power)  conceive  that  I  have  attained  at  least 
some  reputation  for  ability ;  and  I  haTe  often  been  so  affected, 
that  not  only  tears,  but  paleness,  and  smow,  amilar  to  real 
■orrow,  have  betrayed  my  emotiom 


D,g,i.2cdb,  Google 


CHAPTER  ni. 

r  tk*  wrar  of  •■dtlBg  Iwiglitw-  In  ta  miJmom,  |  X,  n>a*  via 
Uttw  of  it  in  DaBoaQwDca ;  perfaf  ■  mpmbaDdaaoa  of  it  ia 
Cluwt.  S— G.  QmMi  of  Uo^tcr  oat  •nflcKotlf  si:^uned,  ^  7. 
b  «f  enat  dbd,  B—IO.  Depends  br  more  on  natim  >ad 
(tTonnUe  eiretunitanoM  than  on  »it,  11 — 13.  No  imtraclioaa 
^T<B  in  exmting  langUar,  14 — 16.  Tarioni  namaa  for  jocolaritf 
«r  wit,  17— '!!.  Depntdl  pvQj  on  matter,  paitl;  on  mirda; 
MiMteta  of  K,  S^— 24.  tajMjbter  uaf  ba  udted  b;  woaui  tet,  or 
laok,orKaatiire,  S6— 27.  What  ia  tMooming  to  tfaa  ontor,  28 — 3X. 
What  to  be  avcoded  bj  him,  S3 — 35.  Topica  for  jotting,  and  mfidea 
of  it.  ta — 19.  Ambignitj  m  words,  47—50.  Tbo  biiat  jeita  an 
tafcm  from  thingi,  not  from  worda ;  oT  annilaiitf,  M— S2.  Of  di>- 
■uulBritTi  ti.  M.  From  all  tonna  of  aigument  ariae  oocawma  for 
Uating.  is,  tt.  JtmU  in  the  form  of  bopea  and  Ggnna,  S7 — 70.  Of 
joonlar  nifatatun,  71 — 78.  Of  dnding  a  dkarge ;  of  pretended  ood- 
fHdon,7S— 81.  Somekiadxif jertaarabeDeathanonitar,S3,8S. 
Of  Ateariag  ap«:tation,  84— ST.  Of  jooolar  imitatiaii,  88.  Of 
attributing  thoo^ta  to  onraelToa  or  othara ;  and  of  irouj,  89 — 92. 
ipfc.  l_rf  ..iW^^a.  i™v—  _,  u^  b^  9t—9S.    Qootatuma  btmi 

■      "■    -"      ■  ipuental        '- 

■  with  h 


1,  Vest  different  from  this  is  the  talent  wUch,  hj  exciting 
Im^ter  in  the  judge,  dispels  melancholy  oOectiona,  diverting  his 
mind  from  too  intenoe  application  to  ^e  subject  before  it,  re- 
cniitiDg  at  times  its  poweis,  And  reviving  it  aft«r  disgust  and 
&tigae. 

3.  How  difficult  it  ia  to  sncoeed  in  that  vray,  even  the  tno 
greatest  ot  all  oratora,  the  one  the  prince  of  Greek  and  the 
other  of  Latin  eloquence,  afibrd  us  sufficient  proof.  Moet 
think  that  the  faculty  was  altogether  wanting  to  OemoBthenes,* 
and  moderation  in  the  management  of  it  to  Ctcero.  DemoB- 
thenes,  certainty,  cannot  be  tiiought  to  have  been  annilling  to 
cultivate  it,  as  his  jests,  though  veiy  few,  and  by  no  meana 
correspondent  to  his  other  excetleuces,  plainly  show  that  joon- 

*  Oeansr  obMrvai  tliat  Cioero,  Oral.  e.  28,  in  ooUcing  tho  geusnd 
•pinion  that  Demotthenea  wanted  humour,  aaya  that  be  had  moeh 
tutamitat;  and  that  Plutarch  in  hiilife  of  Demosthenei  meutiooa  soma 
of  hia  jwta.  Capperonier  rcfwa  to  Iionginna,  c.  34,  who  myi  that 
whra  DemoathenM  attempted  to  be  &oetioua  ha  ealj  nlied  a  laugh  at 
U«  own  eipewe.  Spalding  lemaAi  that  tlia  judgment  of  Dionyrin* 
HallBarnaiamali,  nifi  Affiaift,  laytr^ot,  e.  64,  ^raaa  with  lite  «^ 


JLyGOOj^lC 


OB  ni]  EDUCAHOK   OP    IN    ORATOR.  431 

Ituit^  was  aot  disliked  by  him,  but  that  it  had  not  been  liberal!/ 
bestowed  on  him  bj  nature.  3.  But  as  far  our  own  coun- 
tiyman,  he  was  regarded,  not  oalj  when  not  engBge^  in  plea4* 
iiig,  but  even  in  lus  public  speeches,  as  too  much  an  affeci«r 
of  plesaanUy.  To  myself,  whether  I  judge  rightly  in  that  re- 
spect, or  whether  1  err  through  immoderate  admiratiuii  for  our 
great  master  of  eloquence,  there  appears  to  have  been  aa 
entroordinaty  vein  of  deUcate  irit  in  him,  4.  For  io  hia 
common  conversation,  in  disputes,  and  In  ftTBTninlng  witnesses, 
he  uttered  more  jokes  than  any  other  orator ;  the  dull  iesta  in 
his  orations  agtunst  Verres  *  he  attributed  to  othere,  repeatii^ 
them  as  a  port  (tf  bis  evidence ;  and  the  more  vulgar  they  aie^ 
the  more  probable  is  it  that  fliey  vere  not  of  hie  invention, 
but  had  been  circulated  among  the  people,  G.  I  could  wish, 
too,  that  his  freedman  Tiro,  or  whoever  it  was  that  poblisbed 
the  three  books  of  bis  jests,  bad  been  mo^e  sparing  as  to  their 
number,  and  had  used  greater  judgment  in  selecting  than  in- 
dustry in  gathering ;  for  be  would  then  have  been  liess  exposed 
to  calumniators,  who,  however,  as  in  regard  to  all  the  produc- 
tions of  his  genius,  can  more  easily  discover  what  may  be  taken 
away  than  what  may  be  added. 

6.  But  what  causes  the  chief  difGculty  in  lespsct  to  jesting 
is,  that  a  saying  adapted  to  eidte  laughter  is  generally  based 
on  lalse  reasoning,  and  has  always  t  something  low  in  it ;  it  it 
often  pnrposely  sunk  into  buffoonery ;  it  is  never  honourable  to 
him  who  is  iJie  sutjject  of  it ;  while  the  judgments  of  the 
hearers  with  regard  to  it  will  be  various,  as  a  thing  which  is 
estimated,  not  by  any  certain  reasoning,  but  by  some  impulsev 
I  know  not  whether  inexplicable,  of  the  mind.  7.  Certainly  I 
think  that  it  has  not  been  sufficiently  explained  by  any  one, 
though  many  have  attempted  explanations,  whence  laughtai 
proceeds,  which  is  excited,  not  only  by  actiona  or  words,  but 
sometimes  even  by  a  touch  of  the  body.  Besides,  it  is  not  by 
one  kind  of  jests  only  that  it  b  produtied;  for  not  merely  wit^ 
and  agreeable  acts  or  sayings,  but  what  is  said  or  done 
foolishly,  angrily,  fearfully,  are  equally  the  objects  of  laughter; 
and  thus  the  on^n  of  it  is  doubt&l,  as  laughter  is  not  for  from 

•  a«e  L  44. 

+  The  text  hu  kie  temp&r  kimOa.  Burmum  aaya  tliat  vs  ihooU 
read  ad  hot  tapt.  I  thiijt  him  right  in  both  lUaratioiu.  f^Min^ 
rafjae*  to  adopt  lofi. 


DigiLzcdt*  Google 


493  QUIimUAK.  [b  n. 

ieruiim*  B.  Cicero  has  aaii  f  that  it  ha*  iti  teat  in  $ome  eU- 
formittf  or  offtrmveneu,  and  if  Uiis  is  made  to  appear  ia  others, 
the  roenlt  is  called  raillery,  bat  if  what  we  say  recoils  on  our- 
eehes,  it  is  but  folly. 

Though  laughter  may  appear,  bovever,  a  Uglit  thing,  as  it  is 
often  excited  by  buffoons,  mimics,  and  even  fuuls,  yet  it  has 
power  pediapa  more  despotic  than  any  thing  else,  such  as  caii 
by  no  means  be  resisted.  0.  It  bursts  forth  in  pwple  even 
gainst  their  will,  and  extorts  a  confession  of  its  influence  not 
only  Irom  the  face  and  the  voice,  but  shakes  Hie  whole  frame 
widi  its  vehemence.  It  often  changes,  too,  as  J  siud,{  the 
tendency  of  the  greatest  affairs,  as  it  veiy  frequently  dissipates 
both  hfOred  and  anger.  10.  Of  thb  the  young  Tarentines 
afford  an  instance,  who,  having  spoken,  at  a  banquet,  with 
great  freedom  about  king  Pyrrhos,  and  being  called  before 
him  to  account  for  their  conduct,  when  the  fact  could  neithei 
be  denied  nor  justified,  saved  themselves  by  a  fortunate  laugh 
and  jest;  for  one  of  them  said,  Ah!  ^  our  flagon  had  ho. 
fmUd  tu,  tG«  thould  have  murdered  you;  and  by  tins  pleasontn 
the  whole  odium  of  the  charge  was  dispelled. 

11.  But  though  I  should  not  venture  to  say  that  this  talent, 
whatever  it  is,  is  certainly  independent  of  art,  (for  it  may  be 
cultivated  by  observation,  and  rules  relating  to  it  have  been 
composed  both  by  Greek  and  Latin  writers.)  yet  I  may  fiiirty 
assert  that  it  chiefly  depends  on  wUwe  and  opportunittf. 
12.  Naivre,  moreover,  has  influence  in  it,  not  only  to  far  that 
one  man  is  more  acute  and  ready  than  another  in  inventing 
jokes,  (for  such  facility  may  certainly  be  increased  by  study,) 
but  that  there  is  iu  certain  persons  a  peculiar  grace  in  their 
manner  and  look,  so  that  the  same  things  that  they  say,  would, 
if  another  were  to  say  them,  appear  less  happy.  13.  Ad  to 
opporttmUy,  and  circumstances,  they  have  such  effect,  that  not 
only  unlearned  penons,  but  even  peasants,  when  favoured  by 
them,  make  witty  repartees  to  such  as  are- first  to  address 
them;  for  all  (aoedousness  appears  to  greater  advantage  in 

*  A  Jerinito* pneiil aitit  rinu.  He  th&t  Meki  to  eioite  ku^ittT 
ii  in  danger  of  incurring  derinon. 

t  De  Orat  il  69. 

t  Ot  dixL]  I  oBimot  point  oat  t^e  place  where  thii  renurlc  is  made, 
The  iuteipntfln  pau  Xkt  words  in  ailence;  Gedo;D  baa  tvtj  <rii«l< 
omitted  them.  Did  Quintilien  merel;  fuic;  tliat  be  bad  nuuU  luob 
>u  observation  aomewherf  F    8«a  v.  1 1,  26.    £paUnjr. 


D,j„..;uL,Goo^|i: 


OH.m.^  TDVCkTlOS  <#  AS   OBATOa.  ASS 

lepl;  dian  in  attack.*  14.  It  adds  to  the  difficultj,  dut.tbera 
is  no  ei«rcise  in  this  department,  nor  any  instj^uctors  in  it  IT 
is  true  that  at  convivial  meetings,  and  in  the  familiar  inter- 
«onr»e  of  life,  many  jeaters  are  to  be  met ;  but  their  number 
arises  from  the  circumstance  that  men  improve  in  jesting  bf 
daily  practice  ;  the  wit  that  suits  tfae  orator  ia  rare,  and  ia  not 
cultivated  on  ita  own  aixouDt,  but  sent  for  practice  to  the 
school  of  the  world.  15.  Yet  there  would  be  no  objection  ta 
Bubjecta  beit^  Invented  for  this  exercise,  so  that  fictitious  causes 
might  be  pleaded  witli  a  mixture  erf  jesting,  or  particular  theaes 
might  be  proposed  to  youtli  exclusively  for  such  practice. 
.16.  Even  thoae  very  pleasantnes,  which  are  and  are  called- 
foke$,f  and  in  which  we  are  accustomed  to  indulge  on  certain 
days  of  festal  licence.^  might,  if  they  were  produced  with  some 
degree  of  method,  or  if  some  serious  matter  were  mingled  witk 
them,  prove  of  considerable  advantt^e  to  the  orator ;  but  now 
they  are  merdy  the  diversion  of  youth,  or  of  people  amusing 
themsdves. 

IT.  In  reference  to  the  sulfject  of  which  we  are  treating,  we 
commonly  use  several  words  to  express  the  same  thing ;  bnt, 
if  we  eoDsider  them  separately,  each  will  be  found  to  have  its 
own  peculiar  signification.  The  torm  wbaaity  |{  is  applied  to 
it,  by  which  is  meant,  I  observe,  a  style  of  apeakiug  which  ex- 
hibits in  the  chc^ce  of  words,  in  tone,  and  in  manner,  a  certain 
taste  of  the  city,  and  a  tincture  of  erudition -derived  from  con- 
versation with  the  learned  ;  something,  in  a  word,  of  which 
ruatioi^  is  the  reverse.  18.  That  that  is  graceful,^  which  ia 
expressed  with  grace  and  agreeableness,  is  evident.  Salt  V 
we  understand  in  common  conversation  only  as  something  to 
make  us  laugh ;  but  this  notion  is  not  founded  in  nature ; 
though  certainly  whatover  is  to  make  us  laugh  must  be  lalt. 
Cicero  **  says  that  teerything  aalt  it  to  the  Utile  of  the  Attiet, 

'  So  CSeero  de  Oret.  ii.  66,  aab 
•f  Diets  twit  ac  vfK 
words,  but  BuggeatB 


+  Diets  twit  ac  twcanWw.]  SpaldiDg  ai 
liBinotot 


att«riiiKJok«  forpriEea.    Tvnd>*i 
B  UrbinUm, 
I   Vtmulvm. 

•■  Or>t.  o.  M, 


t,  Google 


A9%  QOiMTiLUir.  [art 

but  not  because  the  Attics  were  most  of  all  people  inclined  to 
laughter ;  and  when  Catullus  *  says  (rf  a  woman,  There  u  not 
a  ffrain  of  sail  iit  her  ahoU  body,  he  does  not  mean  that  thers 
is  nothing  in  her  body  to  excite  laughter.  19.  That  therefore 
will  be  salt  which  ia  not  insipid  ;t  and  salt  will  be  a  Datnrol 
seasoning  of  kogu^e,  which  is  perceived  by  a  secret  taste,  oa 
food  is  tasted  by  the  palate,  and  which  enlivens  discourse  and 
keeps  it  from  becoming  wearisome.  As  salt,  too,  mixed  with 
food  rather  liberally,  but  not  so  as  to  be  in  excess,  gives  it  a 
certain  peculiar  relish,  so  salt  in  language  has  a  certain  charm, 
which  creat«8  in  us  a  thirst,  as  it  were,  for  hearing  more. 
i!0.  Nor  do  I  conceive  that  the  faeetnm  is  confined  solely  to 
that  which  excites  laughter  ;  for,  if  such  were  the  case, 
Horace  X  would  not  have  said  that  "  the/oMtum  in  poetry  had 
been  granted  by  nature  to  Vii^l."  I  think  it  rather  a  term 
for  grace  and  a  certain  polished  elegance ;  and  it  is  in  this  sense 
that  Cicero  in  his  letters^  quotes  those  words  of  Brutus:  Na 
illi  pedes  faceti  ae  delkiis  ingredienli  molles,  "  Graceful  indeed 
are  her  feet,  and  move  gently  and  wilh  delieaey  as  she  ualka ;" 
sn  ex[)reBsion  similar  to  that  of  Horace,  Molle  atque  facetum 
Virgilio,  m.JettW  we  understand  as  something  contrary  to  that 
which  is  serious ;  for  to  feign,  to  intimidate,  and  to  promise, 
are  sometimes  modes  of  jesting.  Dieaeitai%  ia  doubtless  de- 
rived from  dieo,  and  is  common  to  every  species  of  jesting,  but  i 
it  properly  signifies  language  that  attacks  a  person  in  order  to 
raise  a  laugh  against  him.  Thus  they  say  that  Demosthenes 
was  vrbanm.  "  witty,"  but  deny  that  he  was  dieax,  "  gifted 
with  the  &cuUy  of  humorous  raillery." 

aa.  But  what  belongs  properly  to  the  subject  of  which  we 
are  treating  is  that  which  excitee  laughter ;  and  thus  all  dis- 
cussion on  the  topic  is  entitled  by  the  Greeks  mji  viXw'ou. 
Its  primary  division  is  the  same  as  that  of  every  other  kind  of 
speech,  as  it  must  lie  either  in  things  or  in  words.  23.  The 
application  of  it  is  very  simple ;  for  we  try  either  to  make  1 
othert  the  subject  of  laughter,  or  ourwZt'M,  orKmething  that  is 

*  Epigr.  in  Q  jintiam  et  Lasbiam. 

+  I-ntiljm/iK. 

t  Sat  L  10,41. 

S  Not  extutt. 

g  Joeyn. 

^  Jooularit; ;  jocnlu  *ttMka  on  indindntU. 


D,j„..;uL,GOOglC 


CH.in.J  ESTTCATION   OF  AS  OBATOK.  43S 

foreign  to  botk.  What  proceeds  from  others  we  eilher  blame, 
or  refute,  or  make  ligbt  of,  or  rebut,  or  elude.  As  to  whut 
concerns  ourselves,  we  speak  of  it  with  something  of  ridicule, 
and,  to  adopt  a  word  of  Cicero's.*  utter  ivhahsuTda,  "  apparent 
absurdities;"  for  the  same  things  that,  if  tbej  fbll  from  us 
anawares,  would  be  sillj,  are  thought,  if  me  express  them  with 
dissimulation,  extremelv  humorous.t  S4.  The  third'  kind,  as 
Cicero  also  remarks,  consists  in  deceiving  expectation,  in  taking 
words  in  a.  sense  different  from  that  in  which  the  speaker  u^ee 
them,  and  in  allusions  to  other  things,  which  affect  neither 
ourselTcs  nor  others,  and  which  I  therefore  call  intermediate 
or  neutral. 

36.  In  the  second  place,  we  either  do,  or  «ay,  things 
intended  to  e.icite  a  lai^h.  Laughter  maj  be  raised  by  some 
act  of  biunour,  with  a  mi:cture,  somelimes,  of  gravity,  as  , 
Marcus  Cffilius^  the  prsator,  when  the  consul  Isauricua  broket-^ 
his  curule  chair,  had  another  fixed  with  straps,  as  the  consul 
was  said  to  have  been  once  beaten  with  a  strap  by  his  father ; 
sometimes  without  due  regard  to  decency,  as  in  the  story  of 
CmUus'i  box,^  which  is  becoming  neither  to  an  orator  nor  to  any 
man  of  proper  character.  S6,  The  ?ame  may  be  said  of  looks 
and  gestures  to  provoke  laughter,  from  which  there  may 
certainly  be  some  amusement,  and  so  much  the  more  when 
they  do  not  seem  to  aint  at  raising  a  laugh ;  for  nothing  is 
more  silly  than  what  is  offered  as  witty.  GraTity,  however, 
adds  much  to  the  force  of  jests,  and  the  very  circumstance  that 
he  who  utters  a  joke  does  not  laugh,  makes  others  laugh  ;  yet 
,  humorous  took,  and  cast  of  countenance,  and 


•  Ce  Orat.  ii.  71. 

t  See  a  nimilar  remark  on  solKaams  and  Bgnree,  L  5,  63. 

i  The  disputes  of  Cseliua  with  laiLuricus,  the  aon.  were  r&mOD& 
What  the  ancieatH  have  said  of  them  bae  been  judiciouilj  brought 
together  by  FreineheimiuB  in  hie  supplement  to  tjvy.  This  practical 
joke  ia  related,  as  ^  as  I  know,  by  no  other  author  bemdea  Quiutjlian ; 
though  the  hreaking  of  the  chair  of  Cxliua  by  Isauricua,  when  ho  woa 
flattering  the  people  with  the  hopes  of  an  abolition  of  debts,  is  men- 
tioned by  Dio  Cassius,  lib.  ilii.  The  affiiir  took  place  during  the  lifo 
of  Isarnicns'a  father,  who  died  at  the  age  of  ninety,  about  eiz  years 
afterwards.    Spatdiag. 

§  Sea  Cio.  pro  Cal.  c  25—29,    But  to  find  the  indecency  of  tt« 

¥ike  we  aha]]  in  vain  inspect  either  Cicero  or  his  commentaton.  .... 
hat  Quintilian  should  speak  with  luch  severity  of  Cioero  1  oaniiot 
but  wuudfaT.     SpaMHg, 

r  »  a 


.,  Cookie 


4'30  QiTDmuAiT.  fa.  71 

gesture,  may  be  asEnimed,  provided  that  ceitain  boimdis  (k 
abserved. 

27.  What  is  said  in  jest,  moreover,  is  either  gay  ancl  cheer- 
ful, aa  most  of  thejokesof  Autns'Oalba;*  or  malicions,  as  those 
of  the  late  Janitis  Basaua  ;t  or  bitt«r,  as  those  of  Cassias 
Sevema ;{  or  iooffensive,  as  those  of  Domitiaa  Afer.  But  it 
makes  a  great  difference  uih«r«  ire  indalge  in  jeste.  At  enter- 
tainments, and  iu  common  conversatioo,  a  more  ftee  kind  of 
speech  is  allowed  to  the  hninbier  class  of  mankind,  amusing 
discourse  to  all.  28.  To  offend  ne  should  alnajs  be  tmnJIIing; 
\  and  the  inclination  to  lo»e  a  friend  rather  than  ajokeshonld  be 
Hix  from  us  In  the  very  battles  of  the  forum  I  should  vish  it 
to  be  in  my  power  to  use  mild  words,  though  it  is  allowed 
to  speak  against  our  opponeuls  with  contumely  and  bitter- 
ness, as  it  is  permitted  us  to  accuse  openly,  and  to  seek 
the  life  of  anolher  according  to  law ;  but  in  the  forum,  as  in 
other  places,  to  insult  another's  misfortune  is  thought  inhuman, 
either  because  the  insulted  party  may  be  free  from  blame,  or 
because  similar  misfortune  may  fall  on  him  who  offers  the  in- 
.  Suit.  A  speaker  is  first  of  all  to  consider,  therefore,  what  hit 
\  own  character  U ;  in  what  lort  of  cattM  he  is  to  speak;  before 
vhom;  against,  irhom ;  bhA  ithat  he  shotdd  gay.  29.  Distortion 
of  features  and  gesture,  such«s  is  the  object  of  laughter  in  buf 
foons,  is  by  uo  means  suited  to  an  orator.  Scurrilous  jests,  too, 
and  such  as  are  used  in  low  comedy,  are  utterly  mibecomii^ 
his  character.  As  for  indecency,  it  should  be  so  entirely 
banished  from  his  language,  tlut  there  should  not  be  the 
slightest  possible  allusion  to  it ;  and  if  it  should  be  imputable, 
on  any  occasion,  to  his  adversary,  it  is  not  in  jest  that  he  should 
reproach  hira  with  it  30.  Though  I  should  wish  an  orator, 
moreover,  to  speak  with  wit,  I  should  certainly  not  wish  him  to 
V  seem  to  affect  wit ;  and  he  must  not  therefore  speak  facetiously 
as  often  as  he  can,  hot  must  rather  lose  a  joke  occasionailj, 
than  tower  his  dignity.  91.  No  one  will  endure  a  prosecutor 
jesting  in  a  cause  of  a  horrible,  or  a  defendant  in  one  of  a  piti- 

■  He  IB  menUoned  by  QuintQiaD  wrenl  timm  im  tbi>  chapter,  aud 
uowhere  else.  I  can  say  Dothiag  certain  as  to  who  he  was.  SpalAmg. 
Whether  he  was  the  Oalba  mentioDed  b;  JuTenal,  v.  4,  by  Ikurtial,  i 
12,1.20,  aud  bynutarcb,  voLiLp.700  A.,  itisraiD  toconjectore, 

t  Of  bim  aa  little  is  kaowa.  Hia  name  oocitre  three  timea  in  thii 
clinjiter  j  see  »ct  ST,  ti.     See  abo  li.  S,  37. 

J  vi.  1,  iS;  v.  10,7ft 


D,j„„^L,Googlc 


cn.ui.]  KDucATioir  or  as  OKATOB  437 

able,  uatu):«t  There  are  some  judges  also  of  too  gr&va  a  dispo-. 
sitioa  to  yield  willingly  to  laughter.  It  wilt  Botnetiines  occur,, 
too,  that  reflections  which  we  make  oa  out  adversary  may 
apply  to  the  judge,  or  even  to  our  own  client.  32.  Some  orators 
have  been  found  indeed,  who  would  not  lose  a  jest  that  might 
recoil  even  on  themselvea ;  as  was  the  case  with  Sulpicius, 
LoBgus,*  who,  though  he  was  himself  an  ugly  man,  remarked 
that  a  person,  against  whom  he  appeared  on  a  trial  for  his  right 
W  freedom.t  had  not  evmi  (A«  face  of  a  free  man:  when  Do- 
mitius  Afer,  in  reply  to  him,  said,  On  your  conxience,  Longtu, 
do  you  think  that  he  viho  has  an  ugly  face  win»ioI  fc*  a  free 
manf 

33,  We  must  take  care,  also,  that  what  we  say  of  this  sort 
may  not  appear  petulant,  insulting,  unsuitable  to  the  place- 
and  time,  or  premeditated  and  brought  from  our  study.  As 
to  jests  on  the  unfortunate,  they  are,  as  I  said  above,  unfeeling. 
Some  persons,  too,  are  of  such  establi^ed  authority,  and  such 
known  respecta,bility,  that  insolence  in  addressing  them  could 
not  but  hurt  ourselves.  34.  E^arding  our  friends  a  remw-k 
has  already  been  made  ;  and  it  concerns  the  good  sense,  not 
merely  of  an  orator,  but  of  every  reasonable  being,  not  to 
assailj  in  this  way  one  whom  it  is  dangerous  to  offend,  t^t, 
bitter  enmity,  or  humiliating  satisfaction,  be  the  consequence. 
Baillery  is  also  indulged  ii^udiciously  that  applies  to  many  ; 
if,  for  example,  whole  nations,  or  orders,  or  conditiooB,  or 
professions,  be  attacked  by  it  Whatever  a  good  man  says, 
he  will  say  with  dignity  and  decency ;  for  the  price  of  a  laugh 
is  too  high,  if  it  is  rwsed  at  the  expense  of  propriety. 

35.  Whence  laughter  may  be  fairly  excited,  and  from  what 
topics  it  is  generally  drawn,  it  is  very  dif&cult  to  say ;  for  if 
we  would  go  through  all  the  species  of  sal^jects  for  it,  W9 

■  Of  him  I  bavfl  nothing  to  ay.  No  rata  of  tint  liam«  meDtioned 
by  other  writerB  wm  oontempornry  with  DomitluB  Alti.     SpoMtn^. 

t  JudMo  tibtrali.]  In  which  the  point  to  be  tried  ia  whether  Uia 
part;  U  to  be  K  gUTe  or  Free ;  it  is  otherwiae  odled  dnwa  Hberalif,  or 
tuitrlia.     See  t.  2, 1.     Capffronier, 

X  Ne  lacaMt-\  I  read  n<  before  tacetlat  with  Cspperonlel'  and  moat 
Other  editora.  Spalding  omita  the  r«,  giviog  the  passo^a,  after  Badiua 
ABcensiuB,  this  interpratatioa :  lacoMot  eun,  quem  ^ericaiottHn  til 
tadert  hoc  modo  m,  &c  "  The  orator  muat  jeat  with  him,  whom  it  ia 
dtmgerouB  to  offend,  in  auch  a  way,  that,"  &o.  Zactaiere,  he  add^  u 
tsu  tbaataderc 


D,j„..;^L,  Cookie 


138  QOINTILIAM,  i%.n 

ahoald  find  no  end,  «nd  should  labour  in  tuu,  30.  For  tbe 
topics  from  which  jeiU  ma;  be  elicited,  are  not  less  numerous 
than  tliose  from  which  what  we  call  tkmighU  may  be  derived,* 
nor  are  the;  of  a  different  nature,  since  in  jocnlaritj  also  there 
ia  invention  and  exprettion,  and  a  display  of  the  force  of  elo- 
quence, as  conaifiting  partly  in  the  choice  of  Kords,  and  partly 
in  the  use  atjigvret  ai  speech.  37.  But  I  may  say  in  gener^ 
that  latighter  ia  educed  either  from  corporeal  pendiantiet  in 
him  against  whom  we  speak,  or  from  his  ilaU  of  mind,  as 
collected  from  his  actiona  and  norda.'or  from  exterioT  circum- 
ttances  relating  to  him ;  for  under  these  three  beads  fall  all 
kinds  of  auimadversioD,  which,  if  applied  severely,  is  of  s 
serious,  if  lightly,  of  a  ludicrous  character.  Such  subjects 
ft-r  jesta  are  either  pointed  out  to  the  tge,  or  related  ia  leordt, 
or  indiealed  by  tome  happy  remari.  38.  But  an  opportunity 
rarely  offers  of  bringing  them  before  the  eye,  as  Lucius  Juliua 
did,  who  having  said  to  Helvius  Mancia.t  when  he  waa 
repeatedly  clamouring  against  him,  lutill  now  shoui  lehat  you 
are  like,  and  Mancia  persisting,  and  asking  him  to  show  him 
what  he  was  like,  he  pointed  with  his  finger  to  the  figure  of 
a  Gaul  painted  on  a  Cimbrian  ahield,  which  Mancia  was 
acknowledged  exactly  to  resemble ;  there  were  shops  round  the 
forum,  and  the  abield  waa  hung  over  one  of  tbem  as  a  sign. 

89.  To  relate  a  jocular  atory  is  eminently  ingenious,  and 
Buitabla  to  an  orator ;  aa  Cicero  in  hia  speech  foe  Cluentius^ 
tells  a  atory  about  Cepaaius  and  Fahriciua,  and  Marcus  Cteliua 
that  of  the  contention  of  Decimus§  I.elius  and  his  colleagne 
when  tbey  wai-e  hastening  into  their  province.  But  in  all 
such  recitals  el^ance  and  grace  of  statement  is  necessary, 
and  what  the  orator  adds  of  his  own  should  be  the  most 
humorous  part  of  it.  40.  So  the  retirement  of  Fabriciua 
from  the  court  ia  thus  set  off  by  Cicero  :||  When  Cepagitii, 
therefore,  thought  that  he  wat  peaking  with  the  vtmoit  tk'll, 

•  See  b.  riii  c  6;  »1bo  Cicero  de  Orat.  ii.  61. 

t  Cicero  de  Otst.  iL  SS. 

J  C.  21. 

S  Some  editors  read  Caiut  Lteliul,  "  wbo,"  mjH  BurmuiD,  "  wu 
qniestor  in  Sicil;,  and  went  away  Hcratly  into  his  province,  in  order 
to  anticipate  hie  colleague,  with  whom  he  had  hod  a  dispute  as  to 
which  of  them  should  have  tbe  province  of  Syiacuae  or  LibjbtEum  ;  aa 
ia  ihown,  with  reference  to  this  passage,  by  n^ns  *nn  ad  a.v.0.  SSB." 

B  Pro  Clneot.  0.  21. 


D,j„..;uL,  Cookie 


CIB.nL]  EDUCATIOM  OF  Aff  OBATOB.  439 

and  had  draan  forth  thoM  lolemn  wmh  from  tke  itmefmott 
ttoret  of  kit  art,  Look  on  the  old  age  of  Caius  FabriciuSt 
when,  I  lay,  h«  had,  to  emheUiak  hit  tpeech,  repeated  the  moid 
look  teveral  tirtu»,  he  himtelf  looked,  but  Fdhridut  had  gotie  off 
from  hU  ieat  with  hit  head  hanging  down,  and  what  be  adds 
besides,  (for  the  passage  is  well  known,)  when  there  is  nothing  in 
realit;  told  but  that  Fahridut  left  the  court.  4 1 .  Cnlius  also  has 
invented  every  circumstance  of  his  narrative  most  happily,  and 
especially  the  last;  How  he,  i» foUowing, erotud  07>er, whether 
in.  a  thip,  or  a  JUhermaa't  boat,  nobody  knew;  but  tke  SicUiant, 
a  lively  andjoaitlar  tort  of  petals,  taid  that  he  took  hit  seat  on 
a  dolphin,  and  tailed  aerots  like  another  Arion. 

48.  Cicoro*  thinks  that  humour  ia  shown  in  recital,  and  jocu-L- 
larity  in  snuut  attacks  or  defences.  Domiuus  Afer  showed 
extraordinary  wit  in  narration ;  and  many  stories  of  this  kind 
are  to  be  found  in  his  speeches ;  but  books  of  his  shorter 
witticisms  have  also  beoii  published.  43.  Raillery  may  also  be 
displayed  not  in  mera  sbootiug  of  words,  as  it  were,  and  short 
efforts  of  wit,  hut  in  longer  portions  of  a  pleading,  as  that 
which  Cicero  relates  of  Crassus  against  Brutus  in  Ms  second 
book  De  Oratore,f  and  in  some  other  passages.]:  44.  When 
Brutus,  in  accnung  Cneius  Plancns,  had  shown,  by  the  mouths 
sf  two  readers,  that  Lucius  Crassus,  the  advocate  of  Plancus, 
had  recommended,  in  his  speech  on  the  colony  of  Narbonne, 
measures  contrary  to  those  which  he  had  proposed  in  speaking 
on  the  Servilian  law,  Crassus  on  his  part  called  up  three 
leaden,  to  whom  he  gave  the  Dialogues  of  Bmtus's  father  to 
tesd,  and  as  one  of  those  dialogues  contained  a  discourse  held 
on  bis  estate  at  Privemam,  another  on  that  at  Alha,  and 
another  on  that  at  Tibur,  ho  asked  Bmtus  where  aU  those 
lands  uwr*.  Bat  Brutus  had  sold  tiicm  all,  and,  for  having 
made  away  with  his  father's  estates,  was  considered  to  have 
dishonoured  himselt  Similar  gratification  from  narrative 
attends  on  the  repetition  of  apologues,  and  sometimes  on 
historical  anecdotes. 

45.  But  the  brevity  observed  in  jocular  sayings  has  some* 

•  Ont.a.23. 

t  C.  65. 

t  Ths  oonunentkton  nferfa  Pro  CltMDti  a.  51.  Wluther  the  itorj 
ia  told  in  anf  otinK  puaage  of  tha  aztaat  works  of  Cicent,  I  cea]^ 
cumot  lay.    Sfaldimg. 


D,j„.„_,  Cookie 


449  VJOTOUM.  [m-VK. 

flung  iDOTe  of  point  aai  liTelixMS.  It  auy  be  em^loj^d'  ht 
two  VKjt,  in  attack  or  in  raply;  and  tli«  nature  of  the  two  i« 
in  a  great  degree  the  same;  ibr  sotfaing  can  be  aaid  m 
o^^eesion  that  may  not  also  be  said  in  retort.  4S.  Yet  tberv 
are  some  points  that  seem  to  bekag  more  peeuHailj  to  replj'. 
What  is  said  in  attack,  thoae  who  are  heated  with  anger*  oft^ 
otter;  what  is  said  in  rejoinder,  ie  genera)) j  prmhiced  in 
a  dtsptite,  or  in  examining  witnesses.  Bat  as  there  aiB  hid»- 
meiaUe  t<^ics  froiH  which  j^ea  may  be  drawn,  I  must  r^>e«rt 
t)Mt  they  ore  not  all  suitable  for  tlie  orator.  47.  la  tlw 
flrst  place,  those  obscure  jokea  do  sot  become  him,  whieb 
depend  on  douMf  meanings,  and  ore  captious  as  the  jests  ot 
an  Atellan  force  ;t  nor  encfa  as  are  uttered  by  the  )oweet  etass 
ef  people,  and  which  out  of  ambiguity  produce  obioquy ;  nor 
even  such  as  aometiraes  fell  from  Cicero,  though  not  in  hi? 
pleadings,  aa  when  he  said,  for  instance,  on  eccaaien  of  » 
candidate  for  ofBce,  who  was  reported  to  l>e  the  son  of  a  cook, 
Bolictting  a  vote  from  another  person  in  his  presence,  Eg» 
qaoqM  ItW/(W#fto.J  48.  Not  that  a)l  words  which  baT*  two 
meanings  are  lo  be  exduded  from  our  speech,  but  becanse 
they  rarely  have  a  good  effect  miless  when  titey  are  well 
supported  by  tlie  matter.  Of  which  eott§  there  is  net  on)y 
a  joke  of  Cicero,  almost  scnrriloas,  on  Isemicus,  the  ssrae 
tluit  I  mentioned  aboTe.||  I  vender  what  m  Ae  raa»on  that 
your  Jaiher,  the  mott  tieadff  of  mm,  fef(  ii$  a  ton  of  to  wtriecl 
a  eharaeter^  tu  younelf,  49.  bat  anothw  eicejlent  jest  of  his, 
of  t)ie  same  natmie,  uttered  when  the  oocuser  of  Mila  adTBoeed 
in  proof  of  an  amlinBh  having  been  ]aid  for  Clodius,  that  MUo 
had  tamtd  aside  to  BovUtas  before  the  ninth  hour,  to  wait  tUt 

*  ItA  fencifoM.]  Spalding  iuitl;  doubts  tbe  gBnninensHB  of  theu 
words,  but  propoeei  no  emeadation  that  BatdaSn  oven  biauwlf. 

+  Atgiana  more  coptnU.]  The  Atdlona  fakfAx  wore  a  Kpedm  of 
broe  or  low  oomedf,  hkving  their  nima  trail  AMUm,  ■  town  of  th« 
Obiu,  where  thef  hud  their  origin.     Livy,  viL  2. 

i  The  Jeat  oeimot  be  tnuukted.  It  oonaiatt  in  the  pU;  on  jMq«e 
for  cofxe.  "  I  also  will  Bupport  yon,"  or,  "  I,  O  cooi,  win  support  yftu." 
The  ancienta  wrote  eomuu  wlUi  a  g  instead  of  a  «,  as  appears  from 
DonatuB  oa  Tar.  Adelph.  iiL  3,  69. 

5   Spalding  very  properly  reads  Qnolc  for  Qwin. 

I  Sect.  as. 

i  Tarisas.]  Philander  and  Oeaner  r^btly  iindentaBd  thit  word  ia 
the  sanae  of  naraJoluni  d  plagit,  "  apottod  with  stripe*.'*    Sf^Utoff. 


D,j„..;^L,  Cookie 


(3n^.in.J  SDUCATIOR  OF  A!T  ORATOB.  141 

Chdim  thmdd  le»ve  hi$  vOla,  and  asked  sevemt  dmea  wAmt 
Clodiut  war  ft*U«(i,  Cicero  replied.  Late ;  a  repartee  frfaicb  ia 
alone  sufficient  to  prevent  this  sort  of  jests  from  being  whollj 
ifgwtei  50.  Nor  do  ambiguous  words  only  signifj  more 
tlungs  than  one,  bnt  eren  things  of  the  most  opposite  nature; 
ks  NeiD  said  of  a  dishonest  slave,  That  mr  on«  wot  morw 
tmtted  m  kit  hou$* ;  that  nothing  wnu  tkut  or  sialed  vp  from 

-  6 1.  Such  ambiguity  may  be  carried  eo  fer  as  t»  be  ere*  enig- 
tnati«al ;  as  in  the  jest  of  Cieero  on  Pletoriua,  the  accoser 
of  Fonteius,t  vihote  matktr,  he  said,  had  kad  a  gehool  wAtle  shs 
wai  aiive,  tmd  maeten  after  the  wat  dead ;  the  truth  was,  that 
women  of  bad  character  were  said  to  have  frequented  her  bousa 
while  she  was  alive,  and  that  her  ^ds  were  sold  nfter  her 
death ;  k>  that  tchool  is  here  used  mecaphorically,  and  mtatera 
ambiguously.} 

62  This  kind  of  jest  often  foils  into  metaUptit  ,<{  as  Fabnn 
Maximos,!]  remarking  on  the  smatlness  of  the  presents  wbieh 
were  given  by  Augustus  to  his  friends,  said  that  his  eotiffiaria 
were  heminarw,  congiariian  signifying  both  a  gratuity  and  a 
Bieasure,  and  the  word  hemmarium  being  erajJoyed  to  show 
the  littleness  of  the  gratuities. f  hS.  This  sort  of  jeet  is  ss  poor 
as  is  the  play  «pon  name^  by  adding,  taking  away,  or  altering 
letters ;  as  1  have  seen,  for  instance,  a  man  named  Aciscvlut 
called  PomcwItM,**  because  of  some  bargain  that  he  had  made; 

*  Cicero  de  Omt  ii.  SI.  But  tixt  wordi  NulU  flut  apud  tt  fidti 
liaieri,  which  apoil  the  joka,  an  not  given  by  Cicero. 

f  A  grttA  pui  of  tha  apoeoh  wliiiSi  dcsro  dehvered  in  dsfesce  of 
Uucua  FoDteiuB  ii  Icwt ;  and  ancaig  the  liwt  fatatgtm  ia  that  to  wUcb 
QnintUian  alludea.    SpaMing. 

X  The  word  magiUri,  "maetere,"  as  appean  from  BCTeisl  peesBges 
io  Cicero's  letters,  waa  a  t«rm  applied  to  those  who  had  the  charge  uf 
propeitr  sold  for  debt  under  the  pnetor's  edict 

%  A  %ure  by  which  thd  oonsequent  is  put  for  that  which  preoedai. 
See  viii  8,37. 

I  He  was  «<»md  a-v-o.  Tit ;  TaciL  Ann.  L  6.  Some  epiiUe*  i^ 
Orid  from  Pootna  are  addressed  to  him.    Spi^mg. 

K  The  word  ccmgianum  is  from  amgim,  a.  liquid  measnra  containing 
■aarh  nx  pints  Ei^liah,  which,  Trhen  wine  or  oil  was  distributed  on 
certain  occasions  among  the  people,  was  the  qutntitj  usnallj  viven  to 
each  penon.  Liv.  xiv.  t.  Tha  htmvita  or  Nfyla,  was  the  twuflh  put 
of  the  cavgau,  about  half  a  pint  English. 

••  Frvm  jKuucDT,  to  make  a  bai^in. 


D,j„..;^L,  Cookie 


419  QntKTILUir.  [B.TI. 

another  uuned  Ptaeidut  called  Aetdut  for  th6  soamess  of 
biB  temper;  and  TuUius,  because  he  wu  a  thief,  called 
TolUua.*  S4.  Bnt  pleasantries  of  this  nature  succeed  better 
in  allusions  to  thii^  than  to  names,  Thus  Domitius  Afer 
very  happily  said  of  Manlius  Sara,  irho,  while  he  was  pleading, 
darted  to  and  bo,  leaped  up,  teased  about  his  hands,  and  let 
&U  and  re-adjusted  his  toga,  Non  agert  ted  latagerv,  that  "  be 
was  not  mere!}'  doiny  business  in  the  pleading,  but  over-doing 
it,"  The  employment  of  tha  word  tatagere  is  a  lerj  good  joke 
in  itself,  though  there  was  no  resemblance  to  an;  other  word. 
55.  Such  jests  are  made  by  adding  or  taking  away  an  aspirate, 
or  by  joining  two  words  together ;  modes  in  general  equally 
poor,  but  somelimea  passable.-  Similar,  too.  is  the  nature  of 
all  jokes  that  are  made  upoa  names  ;  many  of  which  are  re- 
peated, as  the  conceits  o{  others,  by  Cicero  i^ainst  Verres  ;  in 
one  place,  that,  as  he  was  called  Verres,  he  was  destined 
ventre  omnia,  "  to  sweep  away  everything  ;"t  in  another, 
that  being  Verret,  "  a  boar-pig,"  he  had  beeti  more  troubletom^ 
to  HercuUi,  whote  temple  he  had  piUaged,  than  the  hoar  of 
EryTnarUkue ;%  in  another,  that  he  was  a  bad  Sa<;erdo8  v>bo  had 
left  w  vieioui  a  Verres ;  because  Verres  had  been  the  successor 
of  Sacerdo6,$  66.  Fortune,  however,  sometimes  afTords  an  op- 
portunity of  indulging  happily  in  a  jest  of  this  kind ;  as  Cicero, 
in  his  speech  for  Cieciua,||  remarked  upon  a  witness  named 
SextuB  Glodius  Fhormto,  that  he  mat  not  Uis  black,  or  Use  bold, 
than  the  Fhormio  of  Terence. 

67.  But  jests  which  are  derived  from  peeultaritiea  in  things 
are  more  spirited  and  elegant.  BeienAlawxe  are  most  condu- 
cive to  the  production  of  them,  especially  if  the  Bllosion  be  la 
something  meaner  and  of  less  consideration ;  a  sort  of  plea- 
saniry  t«  which  the  ancients  were  attached,  who  called  Len- 


•  Fnm  WIo,  to  tako  vm.f. 

+  8p«l(liiig  obB«rvea  th»t  the  render  will  in  vain  seek  for  llila  witti- 
taaa  in  the  pleadingi  Bgainrt  YerreB,  thaugli  Bometbing  of  a  simiUr 
anton  oecim,  ii.  21,  and  iv.  24,  35 ;  that  Quinljlian  may  lutva  learned 
it  from  some  other  quaiter,  and  have  imagined  that  he  hod  aeeu  it  ia 
Cicwro ;  uid  that  the  alluaioD  ia  to  the  second  penoa  lingolar  of  Uui 
future  indicative  of  tlie  verb  t<efn>. 

i  In  Verr.  iv.  il. 

I  In  Verr.  i.  44. 

i  C.  lU. 


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OB.in.]  EDUCATIOH  OF  AN   ORATOR.  449 

'  tulus  SprnttuT*  and  Scipio  Serapion.i  68.  But  such  jesle  are 
taken  not  only  from  human  beings,  but  from  other  animals; 
thus,  when  I  was  young,  Junius  Bassua,  a  man  of  extraordiDarj 
jocularity,  waa  called  a  white  ass;^  and  Sarmentns,§  or  FoblioB 
BlesBUB,  called  Junius,  a  black  man,  lean  and  crook-backed, 
an  iron  elasp,\\  Tbis  mode  of  exciting  laughter  is  now  \eTj 
common.  69.  Such  comparisons  are  sometimes  made  undis- 
guiaedly,  end  sometimes  insinuated  in  the  wa;  of  inference. 
Of  the  former  soil  is  the  remai'k  of  Augustus,  \Thoj  when  a 
soldier  was  timidly  holding  out  a  memorial  to  him,  said.  Do 
not  ihrink  back,  a$  if  you  -were  offering  a  piece  of  money  to  an 
elsphant.  60.  Jokes  sometimes  rest  on  some  &iicifu]  compa- 
rison :  as  that  which  Vatinius  made,  when,  being  on  his  trial, 
and  Calvus  pleading  against  him,  lie  wiped  his  forehead  with 
a  white  handkerchief,  and  the  accuser  made  the  circumstance 
the  subject  of  a  reflection  on  him.  Although  I  lis  under  an  ac- 
cu*aHon,  returned  Vatinius.  I  eat  white  bread.V  61.  An  ap- 
plication of  one  thing  to  another,  from  some  similarity  between 
them,  is  still  more  ingenious ;  as  when  we  adapt,  as  it  were, 
to  one  purpose,  that  which  is  intended  for  another.  This  may 
very  well  be  cidled  an  imagination;  as,  for  instance,  when,  at 
one  of  Ccesar's  triumphs,  models  in  ivory  of  the  towns  which 
he  hod  taken  were  carried  in  procession,  and,  a  few  days  after, 
at  a  triumph  of  Fabius  Maximus,**  models  in  wood  of  those 
which  Fabius  had  taken  were  exhibited,  Ohi^sippusff  observed 

*  From  hia  reaemblanca  to  an  inierior  ootor  of  that  tiMDe;  VaL 
Unz.  a.  U,  4. 

t  Because  he  reumbled  k  violiaania,  or  dealer  in  animalB  for  saoti' 
fioe,  of  that  nmne.    VaL  Mwt  ii.  U,  3. 

t  Aiinmi  aO»u.]  BurmBnii  Bupposea  tliHt  he  wai  called  Atinut  from 
■ome  resembliuioe  that  he  bore  to  on  ua  in  aome  part  of  his  penon, 
and  (UInu  from  hia  compleiiaD. 

f  We  are  made  acquainted  with  SarmeDtui  by  Horaoe,  Sat.  i.  G. 
Tluit  he  was  a  faTonrite  of  Augustus,  appean  &om  Plutarch,  vol  ii. 
p.  S43.  la  Horace  he  bus  a  certain  advantage  over  the  adveraaty  witli 
whom  he  ii9  ntade  t«  contend.  See  alao  JavwaL  *.  S  and  bis  SoholiaM, 
i^aiUding, 

II  FVom  his  bent  finint. 

H  If  I  eat  white  Dread,  why  may  I  not  wipe  my  fac«  with  a  whita 
handkerchief  T  If  I  use  one  white  Hiiug,  why  may  I  not  use  auother  I 
Ve  should  remetaber.  as  Tiimebus  obaerrea,  that  peraoni  under 
aocusation  geneislly  wore  a  dark  drees. 

**  Casaar^  lieutenant-general  in  Spain  ;  consul  A.V.C.  709.    Spi^linff. 

ft  Burmann  eeems  to  be  right  in  suppouug  that  this  was  Cbryaippns 


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tiut  FMuA  teoodtn  m^del*  were  tJu  eatw  nj  Cmar't  ivoty 
9MI.  Thu  Kfts  aomotbing  similar  which  Pads'*  eaid  of  a 
ntimuiio,  who  «'aa  pursuing  a  raiarin*,  but  did  noi  strike  him. 
Bm  tnuhst  to  take  htm  (dtve.  62.  Similitude  is  uuited  with 
Unbiguit; ,'  as  Autus  OaJba  said  to  a  player  at  ball  ^o  was 
■landing  to  i^alch  the  ball  very  much  at  his  caee,  you  ttatid  a* 
if  youtoepe  one  of  Catar'seandtdateeif  for  in  the  word  "stand" 
there  is  ambiguUg ;  the  "  ease  "  is  simiiar  in  both  cases.  ThiB 
it  13  saScietit  to  have  noticed.  63.  But  there  is  veiy  fre- 
quently a  mixture  of  diflerent  kinds  of  pleasantry ;  and  thai 
indeed  is  the  best -which  is  the  most  Tailed. 

A  like  use  may  be  made  ff  things  that  are  dittimilM:  A 
Roman  knight,  to  whom,  as  he  was  drinking  at  the  publio 
camea,  J  Augustite  had  sent  an  attendant  with  the  message,  If 
I  tri»A  to  dine,  I  retire  to  my  kooM,  replied.  You,  Attfftahie,  are 
not  t^raid  of  loeitig  your  plaee.  64.  From  amtrctriet  §  tjiere 
are  many  kinds  of  jokes.  It  was  not  the  same  sort  fit  jeel 
with  whii^  Aagustua  addressed  an  officer  whom  be  dbmisaed 
with  dishonour,  and  who  tried  several  times  to  meve  him  with 
entreaties,  saying,  "What  shall  I  tell  my  father?"  T^  him, 
■aid  the  emperor,  that  I  have  diapleated  you,  as  that  with  which 
GalbaV  replied  to  a  person  who  Mked  him  for  the  loan  of  a 
TetUus,  the  fre«dmaa  ot  Cjriu,  and  on  Krctdtect,  us  lie  appears  to 
have  been  in  Qaul.  and  me  perhups  in  the  retinue  of  Csaor.  See 
(Seno  *d  Dir.  vil.  14  ;  k1  Att.  xiv.  9.    Spaidiitg. 

*  I  have  DO  doubt  that  this  WM  ttie  poet  Caiui  Fedo  AIIhdoTuiii^ 
who  is  BMarily  meotioiMd,  x.  I,  IN).    Spaidiag. 

f  Sie  petit  lanqtmm  Caiatu  candidaliu.]  There  !a  an  ambiguity  ia 
Mia  Latin  ]MlM,  fur  viack  I  have  given  "stand.'  Cttaarit  etmiidatu* 
tDeaaa  a  candMate  far  office  nKommended  by  the  emperor,  and  oena»- 
^aanCt;  mire  ot  being  eteoted. 

.  X  After  the  lima  of  Augutiu  thia  praetiee  broune  aomtnon  anoHgli} 
and.  when  tha  people  were  detained  whole  days  at  the  Bpaotacles,  • 
certain  ■nm  o(  money  was  allowed  by  the  emperor  to  aaob  order,  to 
buy  wjne  to  driuk  in  the  theatre ;  see  the  commentaton  oa  Ho'^ali 
L  19,  17,  who  refer  to  this  paan^  of  Qnintiliaii.    SpeUUng. 

S  Whisa  the  reply  ie  ooattaiy  tn  what  might  Lave  been  eipeetod 
from  tbe  qnsation. 

I  See  Hacrob,  Sat  ii.  4,  whence  vn  learn  that  tha  effioer  wan 
Hereanlus,  a  young  man  <^  immoral  eharaoter.     Spt^in^ 

%  Whether  this  be  Ua  same  Oalba  that  is  mentioned  in  sect.  6S,  I 
diink  Is  ve>7  uncertain,  ai  he  lived,  it  appears,  inacmtamlKm.  or  garret, 
a  habitation  for  the  poorer  claaMS.  Perfaips  we  should  uadarsbuii) 
C^na  Oalba,  the  brother  of  the  emperor,  whs,  after  waetiog  his 
igrofvttj,  la  said  to  have  laft  Uw  dty.    Suet.  Oalb.  o.  S.    Mttwmamn. 


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OB-IU.]  ZDI7CATI01T   OF  AN    ORATOK  iA|[ 

«Ioak.  I  cannot  lend  it  ytM,for  I  am  gomg  to  ttay  «t  kmne,  tfao 
lact  being  th&c  the  rain  was  pouring  throagh  the  roof  iuto  his 
gaxret.  I  will  add  a  third,  though  respect  for  its  author  pre- 
vents me  from  giving  hia  name,  You  are  more  liiiidinom  than 
any  aimuch ;  inhere  doubtless  expectation  is  deceived  bj  'some- 
tb^g  contnarf  to  that  was  looked  for.  Of  similar  origin, 
though  difEsrent  from  an/  of  the  preceding,  is  the  observation 
of  Marcui  Vestinius,  when  he  vaa  told  that  some  nastj  fellow 
was  dead,  He  will  then  at  length,  said  he,  eeaee  to  itink.* 
1)5.  But  1  should  overload  my  book  with  examples,  and  make  it 
similar  to  Buch  as  are  composed  to  exdle  langhter,  if  1  should 
go  through  all  the  sorts  of  je^ts  uttered  by  die  andants. 

From  all  modes  of  argnmeot,  there  is  the  same  &cility  for 
extvacling  jokes.  Thus  Augnstna.  in  speaking  of  two  actois 
in  pantomime,  who  vied  with  «ach  either  in  gesticulation,  em- 
ployed definition,  calling  the  one  a  dancfr,  and  the  ot&eran 
interrigtter  of  dauciitg.^  66.  Galba  used  ditiinetitm,  when  he 
replied  to  one  who  asked  him  for  his  oloak.  You  cannot 
>h»ve  it,  for,  if  it  does  not  rain,  yoa  vill  not  want  it,  and, 
if  it  doei  min,  I  shall  wear  it  myself.  From  genut, 
tpeoist.  peetdiaritieg,  differences,  coKKemont,i  a4jttneti,  eontt- 
qitenta,  antecedents,  contrarieties,  eaiuet,  efftctt,  compuriaon*  q/ 
tiUttgs  equal,  greater,  and  lest,  similar  matter  for  jesting  js  ex- 
tracted. 6T.  It  is  found,  too,  in  hH  the  figures  of  speech. 
Are  not  many  jokes  made  xai  iim^>^,  by  the  aid  of  nyper- 
^bole  ?  Cicero  gives  us  one  example,  in  refcrenoe  to  a  very  tall 
man,  Uiat  he  had  struck  his  head  against  the  arch  ofFabim;^ 
and  another  is  afforded  in  what  Oppius  said  of  the  family  of 
the  Lentnli,  of  wliich  the  children  were  invariably  tiiorter  diati 
their  parents,  that  ft  icouM  by  propagation  come  to  nothing. 
68.  As  for  irony,  is  it  not  in  itself,  when  employed   very 

*  He  VHB  of  oonne,  aaTs  Barmaan,  a  dirty  hllow,  tlxKt  oS^ndad 
othn-  psaple'a  no^es, 

f  .4it»'uni  ealtatorsm  dicil,   allemm  intarpelUtorem,]    The    ons, 
ujB  Spalding,  wna  aui^h  a  dancer  &a  be  ought  to  have  bssa  ;  the  other 
e,  meve  apoilor  of  duncing.     But  we  do  not  see  the  point  of  the  joke. 
Perhaps  inltrpeilatormi  is  ooiTupt. 
■   I  Jugatit]  See  V.  10,85. 

{  Cicero  <fe  Orat.  ii,  M.  Bat  the  joke  n  there  attributed  to  Cmuus. 
Nor  is  it  quite  the  aame  ia  foroi,  for  Memmius  Li  sud  b;  Cmsat 
meraly  to  have  etooped  hii  head  aa  lie  weirt  aader  tlie  arch  of  fNiblui. 
Spalding  ■upposei  tbat  QuintilUu  wm  Busied  by  hie  imagination.  Tha 
trcb  uf  Fabiiu  was  to  oitted  from  havUig  been  bailt  by  Fabim  Alli> 
broaiciu. 


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AM  QDINTIUAir.  IB.YI. 

gnrely,  ft  speoioa  of  jokiug?  Domitius  Afer  used  it  very  Iiaj^ 
pilf,  nhea  he  said  to  Didius  Gallus,  who  had  made  grest 
BolicitatioDs  for  a  province,  atid,  bUbt  obtaioiiig  it,  complained 
aa  if  he  were  forced  to  accept  it.  WeU,  do  tomelhingfor  ths  take 
of  the  commoniMoitA."  Cicero,  too,  employed  it  yerj  sportively, 
on  a  report  of  the  death  of  Vatioiua,  for  which  tiie  authority 
was  said  to  be  far  from  certaio.  In  ike  meantinu,  aoid  be,  J 
wiU  enjoy  tA«  mterMt.f  60.  Cicero  used  also  to  say,  aU^ori- 
eaUy,  of  Marcus  Caelius,  who  was  letter  at  accusing  than 
defending,  that  he  had  a  grod  right-hand,  but  a  bad  left-X 
Julius  uied  the  anttmomaiui,  when  he  said  Ferrum  Aceium 
Navium  ineiditseA 

70.  Jocularity  ^so  admits  ail^figure^  of  thought,  called  by  the 
Greeks  e^i/tara  iiat»ia(,  under  which  some  have  ranked  the  ' 
Tarious  species  of  jests ;  for  we  iwfc  qmstioru,  and  exprtn  douht, 
and  affirm,  and  threaten,  and  viith ;  and  we  make  some  remarks 
aa  if  in  eompaiewn,  and  others  mth  anger.  But  everything  is 
jocular  that  is  evidently  pretended. 

71.  To  lough  at  foolish  remarks  is  very  easy ;  for  they  are 
ndiculous  in  themselves ;  but  some  addition  of  our  own  in- 
creases the  wit.  Titus  Maximus  foolishly  asked  Carpathius  ss 
he  was  going  out  of  the  theatre,  Whether  he  had  »e«n  the  play; 
when  Carpathius  made  the  question  appear  more  ridiculous 
by  replying,  No,  for  I  was  playing  at  bail  in  the  orchestra.  i 

73.  Refutation  admits  of  jesting  either  in  the  form  of  de- 
ntal, retort,  defence,  or  extenuation.  Manius  Curiue  made  a 
good  repartee  by  may  of  denial ;  for  when  his  accuser  had  had 
him  painted  on  a  curtain. ||  everywhere  either  stripped  and 
in  prison  in  consequence  of  gambling,  or  being  redeemed  by 

•  Baving  obtdned  the  provinoe,  by  Bolieitation,  for  your  own  ukt, 
ptvem  it  for  ths  soks  of  your  ooimtry. 

f  The  report  miy  not  be  true,  but  I  will  enjoy  the  hope  tbat  it  may 
not  be  fkUe.  If  the  capital  oa  wbich  interest  is  paid  m^  be  but 
imaginary,  I  may  atill  m^e  the  moet  of  the  interest. 

t  Tbe  Bword  was  held  in  the  right  hand,  to  attack  ;  the  shield  in 
tlie  lefl,  to  defend.     Tum^mt. 

S  A  passage  which  we  must  leave  in  deapajr  ;  for  it  cannot  be 
amended  without  the  help  of  some  better  monoseiipt.  Burmann. 
How  the  words  aie  to  be  taken.  Bo  sa  to  moke  a  joke,  it  is  impoaribU 
to  conjeotiire. 

U  We  muit  sui^toN^  says  Geanar,  that  the  curtain  was  divided  lata 
eompartmenta,  and  that  soma  acena  of  his  Ufa  woa  rapresenteJ  in 


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Ca  m.]  EDCCATION  OF  AN  ORATOB.  447 

hia  friends,  Was  I,  Ifun,  he  replied,  never  tueceii/ul '  T3.  Retort 
ve  use  sometimea  uudiaguisedly,  aa  Cicero  in  reply  to  Vibius 
Curius,  nho  was  telling  falsehood  conceiniag  his  age,  said. 
Then,  when  ice  deelaiTned  in  the  aekooU  together,  you  viere  not 
bom :  soraetimea  with  feigned  assent,  aathe  same  orator  said  to 
Fabia,  Dolabella's  wife,  who  observed  that  she  was  thirty  years 
old,  No  dovht,  for  I  have  heard  you  aay  so  theie  tieetUy  yeart. 
74.  Sometimes  in  place  of  what  you  deny.  aomethiDg  more 
cutting  is  happily  substituted :  as  Juniua  Bassus,  when  Co- 
mitia,  the  wife*  oi  Paasieoua,  complained  that  he  bad  said, 
aa  a  charge  of  meanness  ag^nst  her,  that  she  uted  to  sell  old 
shoes,  replied,  No,indeed,  I  never  said  any  such  thing;  I  said 
that  you  used  to  bvy  them.  A  defence  a  Roman  knight  made 
with  some  humour,  replying  to  Augustus,  who  reproached  him 
with  having  eaten  up  his  patrimony,  I  thought  it  was  my  own. 
75.  Of  extenuation  there  are  two  modes;  a  pereon  may 
moke  light  of  another's  claims  to  indulgence.t  or  of  some 
boast  that  he  utters.  Thus  Caius  Ctesari^  said  to  Pomponios, 
n-ho  was  showing  a  wound  which  he  had  received  in  his  mouth 
in  the  sedition  of  Sulpicius,  end  which  he  boasted  that  he  had 
received  in  fighting  for  Caesar,  When  you  are  fleeing,  never  look 
back.  Or  it  may  extenuate  some  fault  imputed  to  ns,  as  Cicero 
said  to  those  who  reproached  him  with  having  at  sixty  years  of 
age  married  Publilia§  a  virgin,  To-morroar  slievill  be  a  woman. 
76.  Some  call  tliis  kind  of  jest  consequent,  and  similar  to  that 
of  Cicero  when  he  said  that  Curio,  who  always  began  his 
pleadings  nith  an  excuse  for  his  age,  would  find  his  exordiiaii 
every  day  more  easy,  because  the  reply  seems  naturally  to  follow 
and  attach  itself  to  the  remark.  77.  But  one  kind  of  extenu- 
ation is  a  suggestion  of  a  reason,  such  as  Cicero  gave  to 
Vatinius,  who.  having  the  gout,  but  wishing  to  appear  im- 
proved in  health,  said  that  be  could  walk  two  miles  a-day,  Tht 
days,  r^oined  Giuero,  are  very  long.  Augustus  made  a  similar 
aiiswer  to  the  people  of  Tarraco,  who  told  him  that  a  palm- 
tree  had  grown  on  his  altar  in  their  city :  It  shows,  said  ha, 

■  Sea  c.  1,  aect  50. 

1-  Vcnimn.]  Tlie  g^uiuetieM  of  Uils  wara  U  yery  doubtful. 
Spalding  woiild  rend  oM  vtiiiam  }tui  alius  }<Ktaatiam  mintiat,  &c. 

t  Cwua  Juliua  Csaar  Strabo,  couaiu  to  tha  dictator's  fikther.  Ttim*- 
ins. 

%  Whom  he  married  i^Ver  ha  divoroed  Terentia.    Ad  Att  liL  SL 


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«4t  Qimnims.  {».n 

kott  I0tn  you  Mulct  ajira  on  it.  76.  Castins  Sffrenia  tnuts- 
feiTDd*  a  chaise  from  himself  to  others ;  for  when  he  wu 
reproached  by  the  pmtor  that  bis  advocaleB  bad  insulted 
Lkciiis  Varus  aa  Epicurean,  a  friend  of  Ctesar,  be  teplied,  1 
io  not  knuw  what  tort  qf -(Aaraeteri  vonmtUud  the  intuit,  but 
tappet*  tluU  they  mtut  have  hem  Stoict. 

0!  rrhtdtififf  a  jest  there  are  man;  ways ;  the  most  happy 
ia  that  which  ia  aided  by  some  resemUance  in  the  words,  as 
Trachalna,  when  Suelliua  aaid  to  him,  If  tAu  u  to,  you  go  into 
eiile,  replied,  And  ^  it  it  not  to,  you  return  into  exih. 
19.  Cassiua  Sevenis,  when  a  person  made  it  a  charge  against 
him  that  Procideius  had  forbidden  him  his  house,  dud£d  the 
eha^  by  replying.  Do  I  ever,  then  go  to  Procuteiua's  home  f 
Thya  one  jeet  is  duded  by  another ;  as  the  Emperor  Augustus, 
when  ^e  Ganls  bad  made  him  a  present  of  a  collar  of  a 
hiwdred  pounds  weight,  and  Dolabella  bad  said  in  jest,  though 
with  some  soflicitude  as  to  the  event  of  the  jest.  Distinguish 
m«.  Oettertd,  uiitk  the  honour  oj  the  collar,  replied,  I  had  rather 
diitiitfttiA  yov  unth  the  honour  of  a  cttie  erovm  ."t  bO-  and  one 
falsehood  may  also  be  eluded  by  anotlier ;  as  vben  a  person 
aaid  ia  the  heariog  of  Galba  that  he  had  bought  in  Sicily  for 
one  vietorialual  a  lamprey  five  feet  long,  Galba  rgoined  that 
U  HUM  not  at  all  turjniging.  at  they  grew  to  long  there  that  the 
fithermen  uted  them  for  roptt.  81.  Opposed  to  the  negative 
is  the  pretence  of  confeaiion,  which  also  has  much  wit  Thus 
Domitius  Afer,  when  he  was  pleading  against  a  freedman  of 
Claudius  Cssar,  aud  a  person  of  the  same  condition  as  the 
party  against  whom  he  was  pleading  called  out  from  the 
opposite  side  of  the  court.  Do  ytm  then  ahxayt  ^ak  against 
thefreedmen  of  Ctetar  ?  replied,  Ahtayt,  and  yet,  by  Herculet, 
I  prodiuce  no  effect-^  Similar  to  confession  is  not  to  deny  what 
is  alleged,  though  it  be  evidently  false,  and  though  opportunity 
[or  an  excellent  answer  be  su^eeted  by  it ;  as  Catulus,  when 
Philtppus  said  to  him.  Why  da  you  bark?  replied.  Because 

*  TranituUt.']  See  6d  trandaiio,  or  "  eioeption,"  lii.  fi,  23. 

t  Which  wna  made  of  oak  lesTea, 

t  A  BmiiU  coin,  the  half  of  a  iJenuius,  abont  3]d.  of  our  moBey.  It 
iras  so  called  from  liaving  a  flunre  of  victory  etamped  on  it. 

i  It  IB  known  from  Tacituc,  Suetonius,  and  Dio  CaesiuB,  bow  mncb 
ClandiuB  w*i.  under  the  goTsmment  of  hi*  fnedmen.  Henoa  th« 
boldneaa  of  Domitiu*  Afer'a  remark  i*  tha  more  oommendabl^ 
SpMi,^ 


D,j„..;^L,  Cookie 


jlB.«l,i  KDUCATIUN   OF  AS   OBATUK.  4111 

Jtttathi^.*  83.  To  joke  upon  oae'i  self,  ib,  Imv^yi  ^ 
part  only  of  a  buffoon,  and  ia  b;  do  means  allowable  in  an  orator. 
It  maj  be  dvae  in  as  many  wajs  as  we  joke  upon  others; 
therefore,  though  it  be  too  common,  I  pass  it  over.  83.  What- 
ever, moreover,  is  expressed  scurrilously  or  passionately,  is, 
though  it  may  raise  a  laugh,  uiiworthy  of  a  man  of  respeo 
tability.  Thus  I  know  a  man  who  said  to  an  inferior  person, 
that  had  addressed  him  with  too  little  respect,  I  will  inflict  a 
How  OR  your  head,  and  bring  oil  (Mrfioit  dgatTat  you  for  hurting 
my  hand  by  th»  kardneu  of  your  head.^  At  such  a  saying 
it  is  doub^ul  whether  the  hearers  ought  to  laugh  or  feel 
indignation. 

84.  There  remains  to  be  noticed  the  kind  of  joke  that ' 
consists  in  deceiving  «xpeetation,%  or  taking  the  words  of 
auother  in  a  sense  different  from  that  in  wiiich  he  uses  tbem  ; 
and.  of  all  sorts  of  jests  these  may  be  said  to  be  the  happiest. 
But  an  unexpected  turn  may  be  adopted  even  by  one  who 
attacks ;  such  as  that  of  which  Cicero  gives  an  example :~ 
What  i»  wattting  to  tAit  fRon  except  fortime  and  mrtue  f  Or 
as  that  of  Domitius  Afer ;  Fot  pleading  causes  he  is  a  man 
excelUntly  appardUd.^  Or  it  may  be  used  in  'anticipating, 
the  answer  of  another  person.  Thus  Cicero,[|  on  bearing  a 
talae  report  of  the  death  of  Vatinius,  asked  his  freedman. 
Ovinius,  It  all  mell  ?  and,  when  be  said  All  i*  uwU,  rejoined. 
He  u  then  deadf  86.  Great  laughter  attends  -on  mnulalion 
and  dixiimuLation,  which  may  be  thought  similar  and  almost 
the  same,  but  timulation  is  the  act  of  one  who  pretends  to  feel 
a  certain  persuasion  in  his  miud ;  dissimulation  that  of  one  nbo 
feigns  not  U>  understand  another's  meaning.  Domitius  Afer' 
used  aimulatitHi,  wheo,  on  some  parsons  reiterating  at  m  trial  that 
Celtina  knew  the  fact*,  (who  was  a  woman  of  some  influence,] 
he  asked.  Who  ia  he}  wishing  to  make  it  appear  that  he 
thought  Celsioa  a  man.  86.  Oicero  used  dissimulation  when 
a  witness,  named  Sextus  Annolis,  had  given  testimony  against 
a  person  whom  he  was  defending,  and  the  prosecumr  several 

•  Cicsro  de  Ont.  ii.  H. 

f  I  interpret  thii  jeet  accoidmg  to  th«  oonoeptlaii  of  Bumuuii. 

t  See  ii.  X,  S2  j  Cicero  de  Orat.  ii  '" 


D,j„..;uL,Goo^lc 


4S0  QUIHTILUir.  [ILTI 

times  pressed  Mm,  crjing,  Tell  ua,  Mareut  Cieero,  ahether  you 
can  »ay  ant/thin^  of  Sextut  Annalit ;  Ciceru  immediately  begaa 
to  recite  from  the  sixth  book  of  the  Annals  of  Enuius,* 
Qirft  fctti  ingentU  camtas  emlvtrt  feSi  t 
Who  can  the  cause  of  this  great  war  dUoIoee  T 
ST.  For  this  kind  of  jest  ambiguity  doubtless  affords  the  most 
frequent  opportunity;  as  it  did  to  Cascellius.t  who,  when  a 
person  consutljng  him  said,  Iwuk  to  divide  my  ihip.i  rejoined, 
You  wiU  lose  it  then.  But  the  thoughte  are  often  sent  iq 
another  direction,  by  a  remark  being  turned  off  from  something 
of  greater  to  something  of  less  consequence ;  ss  when  the 
person  who  was  asked  what  he  thought  of  a.  man  caught  in 
adultery,  replied  that  h«  tea*  dovi  §  68.  Of  a  similar  nature 
is  tliat  which  is  siud  in  such  a  manuer  as  te  convey  a  guspition 
of  the  meaning;  as  in  an  example  to  be  found  in  Cicero. || 
When  a  man  was  lamenting  that  his  wife  had  hung  herself  on 
a  fig-tree,  I  beg  you,  said  another  to  hiro,  to  give  me  a  tUp  of 
that  tree,  that  I  may  plant  it;  for  the  meaning,  though  not 
expressed,  is  very  well  understood.  89.  Indeed  all  facedous- 
uess  lies  in  expressing  things  with  some  deviation  £*om  the 
natural  and  genuine  sense  of  the  words  employed  ;^  and  thia 
is  wholly  done  by  misrepresenting  our  own  or  other  people's 
thoughts,  or  by  stating  something  that  cannot  be.  90.  Juba** 
misrepresented  the  thought  of  another,  when  he  said  to  a  man 
that  complained  of  having  been  bespattered  by  his  horse, 
WluU!  do  you  think  me  a  Hippocealaur  f  \^  Caius  Cassius 
misrepresented  his  own,  when  he  said  to  a  soldier  hurrying  to 
the  field  without  his  eword.  Ah !  comrade:  you  iciH  ute  your 

'  Die,  said  the  proeeoutor,  de  Stxio  AnnaU :  Cioero  repeated  a  verse 
de  Sacto  Amati,  or  dt  Sexto  £nnii  Armaliuin  Ubro.  It  was  probably 
the  firat  verae  of  the  book  ;  or,  if  not,  one  with  wbich  hie  hearera 
were  well  acquaioted.     Yirgil  hag  an  imitation  of  it,  .£□.  ii.  S23. 

i  CascelliuB  Anlus,  the  &mouB  lawyer  meotioned  by  Hor.  Epiab  ad 
PU..371. 

i  IfeaiiiDg,  to  divide  or  share  the  freight  of  it  with  aoms  other 

§  Cicero  de  Orat.  ii.  68. 

II  Da  Orat,  it  69.  '         . 

1  AUter  qudm  ttt  rerttm  wrmnjue.]  So  in  sect.  8  he  wye  ruJKnIwn 
dietiim  pitmmgut  faltKm  at. 

•*  Juba  the  higtorian,  whom  Julius  CEBsar  led  in  triumph,  ami. 
A.uguatU3  restored  to  his  kingdom. 

i-t  The  person  who  compluned  seema  to  have  said,  "  Yev  havt 
Bopatterad  me,"  vhea  the  apiitteriDg  had  proceeded  from  the  hoiM 

D.j.,„_,Cooyk' 


im.m.]  EDDCATION  or  AH   ORATOR.  4S} 

fi»t  weU;*  and  Golba  did  the  eamo  when  some  fiah,  nhich 
had  been  partly  eaten  the  day  before,  were  put  upon  the  tabttt 
with  their  other  side  uppermost :  Let  ut  make  hatte  to  eat, 
said  be,  for  th*re  are  peo^  under  the  table  tupping  upcm  the 
tame  dUk.  Of  the  same  sort  is  the  jest  of  Cicero  on  Curing, 
which  I  have  just  meotioQed.t  for  it  was  impossible  thnt  he 
should  nothave  been  bom  when  he  was  declaiming.  91.  There 
i3  a  certain  miarepresuntation,  too,  that  has  its  origin  in  irony, 
of  which  CaiuB  Cesar^  gives  ua  an  example;  fcr  when  a 
witness  said  that  bis  groin  bad  been  wounded  by  the  aucuaed 
person,  and  it  was  easy  to  show  why  be  had  wished  to  wound 
that  part  of  hU  body  rather  than  any  other,  C»Bttr  preferred 
to  say,  What  could  he  do,  when  you  }iad  a  helmet  and  a  coat  qf 
maU?^  93.  But  the  best  of  all  simulation  is  that  which  is 
directed  against  one  who  simulates,  auch  as  that  which  waa 
employed  in  the  following  instance  by  Domitius  Afer:  He  had 
by  him  a  will  which  bad  been  made  some  time,  and  a  man 
whom  be  bad  taken  into  his  friendship  since  the  date  of  it, 
hoping  to  gain  something  if  he  should  alter  it,  told  him  a  story 
of  his  own  invention,  for  the  purpose  of  asking  him  whether 
he  should  advise  an  old  chief  centurion, ||  who  had  already 
made  hia  will,  to  make  another,^  By  tut  means  do  so,  said 
DomitiuB,  /or  you  will  offend  him. 

9i.  But  the  most  agreeable  of  all  such  pleasantries,  are  I 
such  as  are  good-natured,  and,  so  to  speak,  easy  of  digestion  ; 
such  as  that  which  the  same  orator  once  addressed  to  an  un- 
grateful client,  who  avoided  recognition  from  him  one  day  in 
the  forum ;  he  sent  this  message  to  him  by  an  attendant : 
Are  you  not  obliged  to  me /or  not  having  seen  yout  Or  as  that 
which  he  addressed  to  his  steward,  who,  when  he  was  unable  to 
give  an  account  of  the  money  in  his  hands,  remarked  several 

'  Be  pietended  to  think  that  the  soldier  had  left  hia  nrard  behind 
him  intlnitiondlj,  and  wm  going  to  fight  with  hia  Gata,     7Wfw£iu. 
t  Sect  78. 
t  The  suae,  I  enppoae,  tlut  ia  mentioned  in  sect.  75.    ^paldinff. 

I  Quintilian  doubUeaa  aaw  more  wit  in  tliia  auppositlon  uian  we  can 

II  ParhspB  there  was  ■  good  deal  of  tiJk  about  the  viils  of  Uiat  claaa 
of  men  at  that  time.    Sjialditig. 

^  Ordinart  ntpnma  jwiicia.'^  This  phiaae  is  often  uaed  for  itttari 
bj  tba  lawyan.    The  labetwtiv^  however,  la  very  fi  equeutly  omitted. 


D,j„.„_,  Cookie 


454  VI NTILUIT.  [B.Vt 

times,  **  I  hav«  eaten  no  bread,  and  I  drink  vater ;"  Sparrow, 
said  Domitina,  return  vhat  ytm  ought  to  recum.*  These  kinds 
of  jokes  thej  call  jokes  applicable  to  character.  91.  It  is  a 
pleasing  sort  of  jest,  too,  that  la;s  leas  to  the  charge  of  another 
than  might  be  laid  ;  thus  trhen  a  candidate  for  office  applied  to 
Domitius  Afer  for  his  vote,  saying,  "  I  hare  alwavs  respected 
your  family,"  Domitius,  when  be  might  have  boldly  denied 
the  assertion,  said,  I  b»li0W  you,  and  it  u  true.  It  is  some- 
times amusiug  to  speak  of  one's  self.t  That,  too,  nhich,  if  said 
regarding  a  person  in  his  absence,  would  be  ill-natured,  is, 
whijn  uttered  as  an  attack  upon  him  to  his  face,  a  mere  snb- 
juct  for  knghter.  95.  Such  was  the  remark  of  Augnsttts, 
when  a  soldier  was  requesting  something  unreasonable  of  him, 
and  Marciamu,  whom  he  suspected  of  intending  to  ask  of  him 
something  unjust,  came  np  at  the  time :  /  will  no  mora  do 
ichat  you  tuk,  comrade,  said  he  to  the  soldier,  ikon  I  vriU  do 
that  vjhich  Marcianui  is  going  to  aik.  96.  Verses  also,  aptly 
quoted,  have  given  great  effect  lo  iritticiMns,  vdiether  introduced 
entire  and  just  as  they  are,  (a  thing  so  easy,  that  Ovid  hsa 
composed  a  book  against  bad  poeta  in  verses  taken  from  the 
Tetrastichs  of  Macer,J)  and  this  mode  of  citatjon  is  the  mors 
ogreetible  if  it  be  seasoned  with  something  of  ambiguity,  as  in 
Cicero's  remark  upon  Marciua,§  a  man  of  much  cunning  and 
artifice,  when  he  was  suspected  of  unfair  dealing  in  a  cause, 

Niit  jud  UVxa  nUt  nant  X<urlHM,|| 
Unlew  Ulyftwa,  old  LaertM'  too, 
'Bad  in  bis  ihip  escap'd ; 

97.  w  with  some  little  change  in  tbe  words ;  as  when  Cicero 
jested  on  a  senator,  who,  haviug  been  always  thought  extremely 
foolish,  was,  after  inheriting  an  estute,  called  upon  first  to  give 
his  vote  in  the  eenate,  saying, 

■  Pa—er,  rtddt  ^ud  iAe*^  Tb*  coniiDeiit*ton  give  no  ntiifietorj 

eiplaD&tioii  of  Fatter.    Oebhardt'a  oomment  on  it  is  men  t^lfliIlg^ 
Spalding  kdmtta  that  he  can  find  Dothiug  uniiDg  ths  ancivDt  writws  to 
iliustntn  it,  though  ha  TettJiiB  it  in  hia  Uit.    It  !■  eMiiinlj  b^tir  to 
vokI  paictrt,  "  Est,  and  give  a  proper  account  of  jour  money,'  with      J 
Obrecht  and  FVancinR. 

■Y  I  wonder  that  no  example  ia  given.    SiKddmg, 

t  Of  these  tetrutichs  of  jGoailius  Macer  nothing  ia  lefL     Sm 
BroDlJiiuiuB  ad  TibaUam,  a  fl,  I. 

S  It  ia  uDcartain  whether  thia  name  be  genuina, 

I  A  vene  &om  Boma  unkuunn  tiBffedr. 


.L,Gooj^lc 


eH.IIL]  RDHCATItiK  OF  AN   ORATOR.  4&3 

Ct^  haredUat  ut  qaam  Toeonf  tapimUam, 

Th'  SBtate  of  wbam  ia  that  which  they  call  wiadotn, 

putting  haredilat,  "  estate,"  fur  facilitaa,  "  faculty ;"  or  bj  in- 
venting veraea  eimilar  to  some  well-knowQ  verses,  which  is 
called  a  parody.  98.  Or  proverlis  may  be  aptly  applied,  as  a 
person  said  to  a  man  of  bad  character  uiio  bad  fallen  down, 
and  asked  to  be  belped  up,  Zef  tomt  one  take  you  up  vho 
does  not  know  goa.* 

To  take  a  jest  from  history  shows  learning ;  as  Cicero  did,  on 
the  trial  of  Verres ;  for  when  he  was  examiniiijg  a  witness, 
Hoftensiua  observed,  "I  do  not  understand  these  enigmas ;" 
But  yon  ought,  replied  Cicero,  as  yoa  haee  a  Sphinx  at  home; 
for  he  had  received  from  Verres  a  brazen  Sphinx  of  great 
value. 

99.  As  to  apparent  absurtlitie3,\  they  consist  in  an  imitation  ot 
foolish  sayings,  and  would,  if  they  were  not  affected,  be  fooli^; 
as  that  of  the  man  who,  when  the  people  expressed  their 
wonder  that  he  had  bought  a  low  candlestick,  said  to  them, 
It  wiil  serve  ne  for  breaXftuLX  But  some  that  are  very  like 
absurdities,  and  that  seem  to  be  said  without  any  reason  stall, 
are  extremely  pointed ;  as  when  the  slave  of  Dolabella  was 
asked  whether  his  master  had  advertised  a  sale  of  bis  property, 
he  replied.  He  has  sold  hit  hovte.^  100.  Persons  taken  by  sur- 
prise sometimes  get  rid  of  their  embarrassment  by  a  Jest.  Thus 
when  an  advocate  asked  a  witness  who  siud  that  he  had  been 
nuiinded  by  the  person  on  trial,  "whether  he  bad  a  scat  to 
show,"  and  the  witness  showed  a  large  one  on  his  groin,  Ha 
ought,  observed  the  advocate,  to  have  aimed  at  yourtideA  It 
is  also  possible  to  use  insulting  expressions  happily;  as  Hispo, 
when  tus  accuser  twice  imputed  heinous  crimes  to  him,  replied, 

"  Compare  Hw.  EpiBt  L  17,  83. 

t  See  «<*.  4S. 
^  t  PnuaoritM  «*.]  Pmndio.  amUiir  to  out  bre»kf«Ht«,  required 
ntuUer  apparatuB  than  were  naed  for  diniier.  Spalding.  A  low 
caadlestiok  diffiuea  but  little  light,  and  is  ooaaeqaentl;  of  Bmall  nw 
at  night ;  the  man  stud,  therefore,  that  it  would  serve  for  breakfiie'., 
when,  indeed,  aa  it  would  be  daylight,  no  lamp  vrould  be  required. 

I  By  thia  teply  he  aigniGed  that  hie  ntut«r  wag  reduced  to  sell 
everything ;  for  the  hous«  whioh  a  person  inhabits  will  be  the  lajit 
tlung  that  he  will  seU.     Turv^mt. 

II  Hy  client  ought  to  have  aimed  at  your  side,  and  at  a  mortal  part; 
and  you  would  then  have  b«D  prereDtod  from  f  Iviug  evidenoe  agaisit 
bim  m  the  preaevt  oooaaion.     Otner. 


D,j„.„^L,  Cookie 


iB4  QDDISIUAH.  'B.TI. 

You  Ue.   And  Fulvius,  when  Legatua,  who  asked  him  whetlifr 
B  will,  which  he  produced,  had  a  signature,  replied,  ^«4  a  true 

101.  Theee  are  the  most  usual  sources,  that  I  hare  either 
found  indicated  b;  others,  or  discovered  for  myself,  from  which 
jests  may  be  derived ;  but  I  must  repeat.f  that  there  are  as 
many  sulgects  for  facetiousness  as  for  gravity ;  all  which  per- 
sons, places,  occa^otts,  and  chances,  which  are  almost  infinite, 
suggest  to  us.  ]03.  I  have  therefore  touched  upon  these 
points  that  I  might  not  seem  to  neglect  tbem ;  and  what  J 
have  said  on  the  practice  and  manner  of  jesting  was,  though 
unsatisfactory,  nevertheless  necessary. 

To  these  Domitius  Marsus,  who  wrote  a  very  carefully 
studied  treatise  on  UrbaitUai,  "urbanity,"  adds  some  esam- 
pies  of  sayings  that  are  not  laughable,  but  admissible  even 
into  the  gravest  speeches ;  they  are  elegantly  expressed,  and 
rendered  agreeable  by  a  certain  peculiar  kind  of  wit;  they  are 
indeed  urbana,  "urbane,"  or  "polished,"  but  have  nothing 
to  do  with  the  ridiculous.  10S.  Nor  was  his  work  intended 
to  treat  of  laughter,  but  of  urbambu,  which,  he  says,  is  pe- 
culiar to  our  city,  and  was  not  at  all  understood  till  a  late 
period,  after  it  became  common  for  the  term  vrbt,  though  the 
proper  name  was  not  added,  to  be  taken  aa  signifying  Home 
104.  He  thus  defines  it'.{  "  tTriimitiu  is  a  certain  powerof 
thought,  comprised  in  a  concise  form  of  expression,  and 
adapted  to  please  and  excite  mankind,  with  reference  to  every 
variety  of  feeling,  being  especially  fitted  either  to  repel  or  to 
attack,  as  circumstances  or  persons  may  render  necessary," 
But  this  definition,  if  we  take  from  it  the  particular  of  con- 
ijiseness,  may  be  considered  as  embracing  all  the  excellences 
of  language ;  for,  if  it  concerns  thiuKS  and  persons,  to  say 
what  property  applies  to  each~of  them  is  the  part  of  consum- 
hiate  eloquence ;  and  why  he  made  it  a  necessary  conditioL 
that  it  should  be  concise,  I  do  not  know. 

105.  But,  in  the  same  book,  a  little  farther  on,  he  defines 
another  kind  of  urbaidtas.  peculiar  to  narnuive,  (which  has 

*  In  UieM  two  lepaxteta  no  wit  Is  to  be  discoveml;  the  teit  it 
probnbly  compt  or  defective ;  "  bnt,"  atja  Spalding,  "  I  had  nthw 
abatain  ^m  atteiaptiDg  emenilatioa  than  pretend  to  oea  In  tb* ' 
thiokeBt  du-knesB." 

+  Comp.  ««t.  Bfi,  31 

i  See  Quiutilian'g  own  definition,  not  17.     (Jmmmv 


- Google 


OB.IIt.J  BDtrCAnOIt  OF  jUt  OKAMR.  4Sj[ 

been  displayed,  he  aays,  ia  man;  speokera,)  in  tfae  following 
mftnDer,  adheriog,  aa  be  states,  to  the  opinion  of  Cato : 
"  A  man  of  urbanitat  will  be  one  from  whom  many  good  say 
ings  and  repartees  sball  have  proceeded,  and  who,  in  common 
conversatioti,  at  meetings,  at  entertunments,  in  assemblies  ot 
the  people,  and,  in  short,  everywhere,  speaks  with  humour  and 

{iFOpdety.  Whatever  orator  shall  deliver  himself  in  this  naj, 
aughter  sriil  follow."  1 06.  But  if  we  receive  these  definitions, 
whatever  ia  said  nell,  will  also  have  the  character  of  urbanitat. 
To  a  writer  who  proposed  such  specifications,  it  was  natural  to 
make  such  a  division  of  urbam  sayings  as  to  call  some  teriout, 
BomejoeoM,  and  others  inUrmediaU;  for  this  division  applies 
to  all  properly  exprrased  thoughts,  107.  But  to  me,  even 
some  sayings  that  are  jocose,  appear  not  to  be  expressed  vitb 
Bufiicienc  wbanita;  which,  in  my  judgment,  is  a  character  of 
oratory  iu  which  there  ia  nothing  incmtgruoui,  luithing  coterie, 
nothing  wtfoiutud,  nothing  bariaroua  to  b«  diaeowred,  either 
in  the  thought*,  or  the  teordi,  or  th«  pronunciation,  or  the 
geituret;  so  that  it  is  not  to  be  looked  for  so  much  in  words 
considered  singly,  as  in  the  whole  complexion  of  a  speech; 
like  Atticism  aotong  the  Greeks,  which  was  a  delicacy  of  taste 
peculiar  to  the  city  of  Atiiens. 

108.  Yet  that  I  may  not  do  injustice  to  the  judgment  of 
Marsus,  who  was  a  very  learned  man,  I  will  add  that  he  dis- 
tinguishes wbanitai,  as  applied  to  teriotu  sayings,  into  the 
eommndaiory,  the  reproachful,  and  the  intermediate.  Of  the 
commendatory  he  gives  an  example  fk>m  Cicero,  in  bis  speech  . 
for  Ligarius,*  when  he  says  to  Ciesar,  Thou  who  art  wont  to 
forget  nothing  but  injuriei.  lOfl.  Of  the  reproachful  he  give* 
as  an  instance  what  Cicero  wrote  to  Atticust  concerning  Pom- 
peyand  Ctesar:  /  have  one  icAont  /  can  avoid;  one  whom  t 
eanfoUow,  I  have  not.  Of  the  intermediate,  which  he  calls 
apopiheg-matie,  he  cites  as  a  specimen  these  other  words  of 
Cicero  :$  that  death  could  never  be  either  grievous  to  a  brave 
taan,  or  premature  to  a  man  who  has  attained  the  eontalship, 
or  calamitous  to  a  wise  man.  All  these  passages  are  veiy 
happily  expressed ;  but  why  they   should   be  peculiarly  dis- 

•  C.  la. 

t  Ad  At&  Tiii.  7,  with  wluob  Quiuljluiii'i  wmiUi  do  not  exactW 
ootrupond.  Comp.  Plattvcli,  vol.  iL  p.  206  i  Uacrob.  Satuta.  U.  f. 
8m  abo  viiL  5,  IS.    AioMmh; 

t  InCitiLif  t. 

D,j„..;uL,  Cookie 


tin^tslied  by  the  character  of  ■r(anj(d(,  I  Aa  iiot  nee,  110 
If  it  is  not  the  whole  c«mplexion  of  a  composition,  (as  it  ap- 
peara  to  me,)  that  antitleB  it  to  this  distinctioD,  and  if  tb« 
tenn  13  to  be  applied  to  wngle  eipressiona,  I  should  rather 
giro  the  character  of  urbanitat  to  thoee  sajinga  which  are  of 
'the  kind  colled  droll,  but  f^ich  ;et  are  aot  droll,  such  as  the 
following;  111.  It  iras  aaid  of  Aaimns  Pollio,  who  could 
adapt  himself  alike  either  to  busioess  or  to  pleasure,  that  he 
vat  a  man  for  alt  hotirt;  and  of  a.  pleader,  vho  spoke  iritb 
ease  extemporaneously,  that  he  had  alt  hit  wit  in  readif  eaah. 
'Such,  too,  nas.the  saying  of  Fompey,  which  Marsus  noticest 
addressed  to  Cicero,  who  expressed  distnist  of  hia  party ;  go 
over  to  Caiar,  then,  and  yn  fill  fear  me.*  Though  this,  if 
it  had  been  uttered  on  a  less  important  occasion,  or  in  another 
spirit,  or  by  any  other  person  than  Pompey,  might  haTe  been 
numbered  araoug  droll  sayings.  1  IS.  To  these  may  be  added 
what  Cicero  wrote  to  Cerellia,t  assigning  a  reason  why  he  eo 
patiently  endured  the  proceedings  of  Crasar;  These  thiugn 
muit  be  borne,  either  with  the  mind  of  a  Cato  or  with  thi 
ttomaeh  of  a  Oieero;  for  the  word  stomach  carries  with  it 
something  like  a  jest. 

These  reflections,  which  struck  me  with  regard  to  the 
definitions  of  Marsue,  I  could  not  withhold  from  my  readers; 
in  which,  though  I  may  have  erred,  I  haie  not  deceived  them, 
having  pointed  out  at  the  same  time  a  different  opinion,  which 
it  is  fi«e  for  those,  who  approve  it,  to  follow. 


CHAPTER  IV. 


Bemub  on  aUtreatiim  or  di»:uB8ion,  S  1 — S.  Too  much  neglected  t^ 
aoma  plekden,  6,  7.  Qaalificatiom  requiiita  for  Buoceu  in  it; 
aoatmeH,  kno^edg*  of  the  cue,  good  temper,  attention  to  the 
mun  qoeation,  S— 13.  Further  obserratioiw,  14—16.  We  may 
duwemble  our  Btrength,  in  order  to  mialead  our  adversai;,  IT,  IS. 
Digposition  of  tlie  judge  to  be  Dbserved,  IS,  20.  The  Btudent 
should  eierclBS  liiinwlf  in  Uus  department,  21.  Order  of  prooA 
i>  important^  ST 


t  appear  that  I  should  not  enter  upon  precepts 
*M  oanstantl;  saying  that  he  vraa  afraid  of  Cssar  and 
.ley  said  to  him.  Go  over  to  CtEBir,  and  yon  iriD  then 
bar  me,  yon  who  are  always  afMd  of  the  eaemy.    Omperonitr, 
+  A  learned  and  phQasophioal  lad;  with  whom  CUoero  had  m 


D,j„.„^L,  Cookie 


rH.rT,]         KDUCATION  OF  AS   OBATOR,  407 

conceniing  Juctusion*  until  I  have  treated  of  eveiy  particnlar 
regarding  continuous  speaking;  for  recourse  is  had  to  discuB- 
Bion  last  of  al3  if  but,  as  it  depends  on  invention  alone,  and 
can  have  no  conceru  with  arrangement,  nor  requires  any  great 
ornament  from  etyle,  or  much  assistance  from  memory  or 
delivery,  I  think  that,  before  £  proneed  to  the  second  of  the 
five  parts,  I  shall  treat  of  this,  which  is  connected  wholly 
■with  the  first,  in  a  not  improper  place,  if  I  speak  of  it  here. 
S.  It  is  a  matt«r  which  other  writers  have  neglected,  perhaps 
beoauae  sufficient  regard  seemed  to  have  been  paid  to  it  in  the 
other  rules  of  the  art ;  for  it  consists  either  in  attack  or 
defence,  concerning  which  a  considerable  number  of  directions 
bave  been  given  :J  since  whatever  is  proper  with  regard  to 
proofs  in  a  continued  speech,  roust  also  necessarily  be  appli- 
cable tfl  the  brevity  and  conciseness  of  discussion,  in  which  no 
other  topics  are  introduced  than  are  in  the  rest  of  the 
pleading ;  they  are  only  treated  in  another  manner,  that  is, 
by  way  of  question  and  answer.  Almost  all  that  is  necessary 
to  be  observed  with  respect  to  this  head  has  been  noticed  by 
me  §  in  the  part  relating  to  witnesses.  3.  Yet.  as  I  am  pursuing 
this  work  on  an  eKtensive  plan,  and  as  an  orator  canuot  be 
called  accomplished  without  abflity  in  discussion,  let  me  devote  ' 
a  little  particular  attention  to  this  point  also,  which,  indeed, 
in  some  causes,  contributes  greatly  to  insure  success,  4.  For 
88,  with  regard  to  the  general  qaalily  of  an  action,  when  it  is 
considered  whether  it  was  justly  done  or  otherwise,  continuous 
speaking  is  most  required,  which  also  sufficiently  sets  forth, 
for  the  most  part,  questions  of  definilion  or  exceptio7i,\\  as  well 
as  all  those   in  which  a  fact  is  admitted,  or  inferred,  by 

*  AUeraaiiimiM.']  AUtreatio  \a  AiapcAtX\aa  couaigting  in  answera  and 
replies,  or,  us  QuintiliBn  Ufa  a  little  fftrtlier  on.  brfvU  tt  cancita  actio, 
II  opposed  to  actio  wmtiima  or  jJerpetno,  which  i»  not  interrupted  by 
uy  qaestious  from  tbe  opposite  party.  Thera  is  aa  eicelleat  eiuapl* 
of  aUercatu)  in  Cicero's  Epiat.  sd  Att  i.  16.     Oijipatmier. 

+  That  is,  after  the  regainr  pleading  of  the  cause.     Tttmrbtu. 

i  The  commentators  refer  to  b.  iii.  c.  9,  but  there  are  allusiona  to 
the  subject  in  varioas  pasMges  of  the  work,  espeeially  in  book  v., 
where  proof  and  refatation  are  formally  noticed.    Raiding. 

8  B.  T.  c  T.        . 

n  Quattionet  fimtionit  (et)  actioMM.']  Actio  is  hera  to  be  interpreted 
ttuf Nt  tranttaiivut,  or  "  state  of  exception."  See  ilL  fl,  23.  Spatding, 
Ws  must  read  gmattiotui  in  the  plural,  aa  Spalding  obaervea ;  and  it 
will  be  batter  to  iweit  H  between  the  two  olber  lubatantivea, 

D,j,,..;uL,Coo^lc 


458  nvtsnuAK.  [b.  ti 

eo^jeelure''  from  artificial  proof  ;t  8o  in  tbose  canaes,  (a  very 
aunierou8  class,)  which  either  depend  Eolel7  on  proofs  called 
inartificial.t  or  Bucb  as  are  of  a  mixed  kind,  the  beat  of 
diacuBsion  is  frequently  moat  fierce ;  nor  should  we  say  that 
advocates  point  their  sworda  at  each  other  in  any  part  of 
a  cause  more  closely  than  in  this.  5.  For  the  strongest 
arguments  must  here  be  iuculcated  on  the  mind  of  the  Judge; 
iraatever  we  promised  in  the  course  of  our  pleading  must  be 
made  good ;  and  the  false  allegations  of  Uie  opposite  partf 
must  be  refuted.  There  is  no  part  of  a  cause,  indeed,  in 
which  the  .judge  is  more  attentive ;  and  some  pleaders,  though 
but  of  moderate  power  in  speaking,  have,  by  their  eicellence 
in  disputation,  gained  a  juijt  title  to  the  name  of  advocates. 
0.  But  some,  on  the  other  band,  satisfied  with  having  bestowed 
on  their  clients  the  showy  labour  of  declamation,  quit  the 
benches  at  the  close  of  it,  attended  with- a  crowd  of  flatterers, 
and  leave  to  ignorant  and  mean  practitioners  §  the  conduct  of 
the  battle  which  ought  to  decide  the  cause.  7.  Accordingly, 
in  private  caoses,  we  may  see  some  advocates  chosen  for 
pleading  and  others  for  the  ettabUikment  of  proofi.  But  if 
these  duties  are  to  be  divided,  the  latter  is  surely  of  more 
importance  than  the  former ;  and  it  is  dishonourable  to  oratory 
to  say  that  inferior  pleaders  profit  their  clients  more  than 
those  of  greater  ability.  At  public  trials,  however,  the  voice 
of  the  crier  cites  him  who  has  pleaded  ||  as  well  as  the  other 
advocates. 

8.  For  such  disputation,  then,  there  is  need,  in  the  first 
place,  of  a  quick  and  active  intellect,  and  of  a  ready  and  keen 
judgment  For  we  have  no  time  to  reSect,  but  must  speak 
at  once,  and  aira  a  blow  at  our  adversary  at  the  same  time 
that  we  parry  his  attempt  on  ourselves.  As  it  is  of  the 
greatest  importance,  therefore,  to  every  part  of  an  orator's 
duty,  to  know  his  whole  cause  not  only  accurately,  but 
fiuniliariy,  so  it  is  of  the  utmost  necessity,  in  altercation  with 
our  adversaiy,  to  have  a  thorough  knowledge  of  all  the  clia- 

*  Slabi  amjeetvraU  J  See  b.  iii.  c.  0. 
t  See  b.  V.  0. 1. 
tSeBb.v.0.1. 

§  PvSata  CwbiE.I  Comp.  fi.  12,  10.    Bnt  it  ii  tbr  pragmaUd  thtt 
■n  Kere  uadentooj,  u  TumebuB  jnatlj  leautta.    jSyrfrfJwy. 
I  He  cannot  go  oi^  m  in  private  cbonil 


t,  Google 


OS.  IT.]  EDDOAnOM  Ot  AH  ORATOa  iH, 

raoten,  instrumentfl,  times,  aod  places  connected  with  it; 
otherwise  we  shull  often  be  put  to  silence,  or,  if  others  suggest 
replies  to  us,  we  must,  from  necessary  haste  to  speak, 
unreosoniugly  acquiesce  in  what  thej  say  ;  whence  it  will 
eometisies  happen  that  in  trusting  to  others,  we  shall  oa*e  to 
blush  for  their  folly.  Nor  is  the  matter  made  clear  by  these 
monitors.*  9.  Some  advocatea,  too,  try  undisguisedly  to  bring 
us  to  a  quarrel ;  for  we  may  eee  many  of  them,  transported 
apparently  with  wrath,  calling  upon  the  judge  la  allend,  and 
BBjing  that  »hat  it  suggetted  U  contrary  to  fact,  and  that  ke 
who  it  to  decide  the  caute  tkould  rniderttand  the  evil  which  it 
kept  out  of  sight.  10.  He  who  would  be  a  good  disputanti 
therefore,  must  be  free  from  the  rice  of  passion  ateness ;  for 
no  aflection  of  the  mind  is  a  greater  enemy  to  reason;  it 
carries  us  out  of  the  cause,  leads  us,  frequently,  to  offer  and 
inciir  gross  insults,  sometimes  draws  upon  us  the  indignation  of 
the  judges  themselves.  Moderation  is  better,  and  sometimes 
even  sufferance ;  for  allegalionB  made  by  the  opposite  partj 
must  not  only  be  refuted,  but  must  be  held  up  to  contempt, 
must  be  undervalued  and  ridiculed ;  nor  can  wit  find  any 
better  place  for  exercise  than  this.  Such  is  the  case  as  bug 
as  matters  are  conducted  with  order  and  due  respect  to  us ; 
but  against  turbulent  adversaries  we  must  show  a  bold  Isce, 
and  oppose  impudence  with  firmness.  11.  For  there  an 
some  speakers  of  such  a  hardened  front  that  they  assail  na 
with  loud  bluster,  intemipt  us  in  the  middle  of  a  speech,  and 
confuse  and  disturb  the  whole  proceedings ;  these  we  must  be 
so  far  from  imitating,  that  we  must  vigorously  repel  them ; 
their  iusolence  must  be  put  down ;  and  we  must  at  timei 
appeal  to  the  judges  or  presiding  magistrates  that  the  times 
for  speaking  may  be  fairly  observed.  It  is  no  task  for  aa 
indolent  mind,  or  an  excessively  modest  character;  and  that 
which  is  called  honesty  often  bears  a  false  name,  and  should 
lather  be  called  imbeeility. 

19.  What  is  of  the  greatest  value  in  disputation  is  acvlenett, 
which  doubtless  does  not  come  from  art;  (since  what  is  natural 
is  not  taught;)  but  it  may  be  improved  by  art.  13.  Ths 
chief  requisite  is,  to  keep  the  point  in  dispute,  and  that  which 
we  wish  to  establish,  coosiantly  before  our  eyes  ;  because,  if  wo 
keep  to  one  object,  we  shall  not  be  led  into  useless  altercation, 

*  Ntqut  iamtn  hie  iptit  monAontNt  diiKKtt.]  Bumuum  would  nsd 
MpK  tamen  lit  hit  taonilor^im  etoniMl. 

D,j„..;^L,  Cookie 


196  IlIFINnU^.  [&TE. 

«r  wut«  the  time  due  to  the  cause  in  railing;  and,  if  our 
adversary  commit  such  errors,  we  shall  have  the  pleasure  of 
taking  advantage  of  them. 

14.  To  those  who  have  meditated  oarefully  what  may  be  ob- 
jected on  the  opposite  side,  or  what  replies  may  be  made  oa 
their  own,  all  occasions*  may  be  turned  lo  adtfaatage.  It  is  a 
kind  of  artifice  employed  at  times,  however,  to  contrive  that 
certain  points,  which  have  been  concealed  in  the  course  of  the 
pleading,  may  be  suddenly  brought  forth  in  the  subeequent 
discussion ;  starting  out  as  it  were  in  an  unexpected  sally,  or 
a  spring  t  from  an  ambush.  This  is  a  plan  which  nmy  be 
adopted  when  there  is  some  particular  in  the  cause  on  which 
we  cannot  speak  satisfactorily  at  once,  but  which  we  can  make 
clear  when  time  is  given  us  for  consideration.^  IS.  What  is 
secure  and  solid,  it  will  be  best  to  bring  forward  at  the  com- 
mencement of  our  proceedings,  that  we  may  insist  upon  it  the 
oftener  and  the  longer.  It  seems  scarcely  necessary  to  direct 
that  a  disputant  should  not  be  turbulent  and  clamorous  merely^ 
like  people  wbo  are  utterly  strangers  to  learning  ;  for  audacity, 
thoi^h  it  may  be  troublesome  to  the  adversary,  is  at  tbe  same 
time  hateful  to  the  judge.  IB.  It  is  inexpetUent,  too,  to  con- 
tend long  for  a  point  which  you  cannot  carry ;  for  where  you 
must  be  conquered,  it  is  better  to  yield ;  because,  if  there  be 
several  points  in  dispute,  the  good  faith  which  we  show  with 
regard  to  one  will  cause  us  to  be  more  trusted  with  respect  to 
others,  or,  if  there  be  but  one  point,  a  lighter  penalty  may  be 
inflicted  on  us  in  consequence  of  a  candid  acknowledgment. 
To  persist  in  vindicating  a  fault,  especially  when  it  is  exposed, 
is  to'commit  another  fault. 

17.  While  the  contest  is  undecided,  there  is  great  skill  and 
artifice  in  drawing  on  our  adversary  when  wandering  from  the 
point,  and  forcing  him  to  go  as  far  from  it  as  possiUe,  in  such 
a  way  that  he  may  esnlt  at  times  in  false  hopes  of  success. 
Some  points  in  our  evidence  may  accordingly  with  advantage 
be  kept  back;  for  our  opponents  will  perhaps  press  for  them 
with  importunity,  and  risk  the  whole  of  their  cause  on  what 

*  Omnia  Umpiira.]  Capperonier  and  Spalding  agree  with  Rollin  in 
Uunkiug  that  Umpora  should  be  eipui^ed. 

f  CS^mmo  fiv^.]  Fafito,  observra  Barmanii,  oan  hardly  be  QuIh' 
tilian's  word.     He  propoBBB  imjKiui  or  vnatnia, 

t  Ad  ditptmatiiim.^  I  have  no  doubt  that  Qamtiliau  wrote  dM^a 
amdmn.     Comp.  x.  7,  30.    ^aUif. 


D,j„..;^L,  Cookie 


OB.  rr.j  XDrcATtOK  or  an  okatos.  461 

thej  think  that  we  cannot  produce,  adding  authority  to  oar 
proofs  bj  the  earnestness  nitb  wUcb  the;  demand  theui. 
18.  It  ma;  be  of  use,  too,  at  times,  to  abandon  some  pomt  to 
our  adversaiy,  which  he  ma;  think  in  his  favour,  in  order  that, 
while  he  is  grasping  it,  be  ma;  let  slip  something  of  greater 
im^rtance ;  or  to  offer  him  his  choice  of  two  things,  either  of 
which  he  will  choose  to  his  disadvantage ;  a  course  which  may 
be  adopted  with  more .  effect  in  discussion  than  in  r^ulai 
pleading,  because  in  the  one  we  repl;  t«  ourselves,  and  in  the 
Other  we  convict  our  adversary,  as  it  were,  on  his  own  con- 
fession. 

19.  It  is  the  part  of  an  acnte  pleader  to  observe,  above  till, 
by  what  remarks  the  judge  is  most  impreesed,  and  to  what  be 
listens  with  disapprobation ;  a  circumstance  which  may  often 
be  discovered  from  his  looks,  and  sometimes  from  some  word 
or  gesture.  He  ought  then  to  insist  upon  whatever  promotes 
bis  object,  and  to  withdraw  adroitly  from  whatever  is  prcgu- 
dieial  to  him.  It  is  in  such  a  wa;  that  physicians  act:  they 
continue  or  cease  to  give  medicines,  just  as  they  see  that  they 
are  relished  or  bathed  by  the  patient.  SO.  Sometimes,  if  it 
is  not  eaa;  to  make  a  point  that  we  have  stated  clear,  we  may 
raise  another  question,  and  fix  the  attention  of  the  judge,  U 
possible,  upon  it ;  for  when  you  yourself  cannot  answer  to  a 
thing,  what  is  to  be  done  but  t«  find  something  else  to  which 
your  opponent  may  be  unable  to  answer?  31.  In  regard  to 
most  parts  of  a  disputation,  as  I  observed,*  the  same  is  to.be 
said  as  in  regard  to  the  examination  of  witnesses,  the  difference 
being  only  with  respect  to  persons ;  as  in  the  one  case  tho 
contest  is  between  advocates,  and  in  the  other  between  the 
witness  and  the  advocate.  But  to  exercise  one's  self  in  dispu- 
tation is  much  more  easy  ;  for  it  is  possible,  and  ma;  be  of 
the  greatest  advantage,  to  choose,  in  conjunction  with  some  one 
engaged  in  the  same  studies,  a  subject,  either  true  or  fictitious, 
for  discussion,  and  to  take  different  sides  upon  it  after  the 
manner  of  altercations  in  the  courts ;  a  practice  which  may 
also  be  adopted  in  respect  to  the  simple  sort  of  queations.f 

89.  I  would  also  have  an  advocate  understand  in  what  order 
his  various  proofs  should  be  brought  before  the  judge  in 
such  disputations ;  and  the  same  plan  may  he  adopted  ntb 

■a  r.  It, 

D,j„.„^L,  Cookie 


4«))  ^OINtlLUlT.  [b.  TI. 

regard  tc  tliem  as  with  r^ord  to  ihe  orgutnenta  ia  hia  speedi, 
n&mely,  that  the  strongest  be  placed  first  and  last ;  for  tfa« 
former  dispose  the  judge  to  belieTs  him,  and  tbe  latter  to 
decido  in  lua  favour. 


].  Haviko  treated  of  this  head  to  the  beat  of  m;  ability,  I 
should  not  hesitate  to  pass  at  once  to  ditpoittion,  which  follows 
next  in  order,  were  I  not  appreheosive  that,  as  there  axe 
writers  who  place  judgment*  under  iuTention,  I  might  be 
thought  bj  some  to  have  purposely  omitted  that  subject,  thougii 
it  is  a  qndity,  in  mj  opinion,  so  blended  and  mixed  with  every 
part  of  oratory  that  its  iaQuence  ia  inseparable  from  even  b 
single  thought  or  word;  and  it  is  not  communicable  by  art 
any  more  than  taste  or.  smell.  2.  All  that  1  can  do,  accord- 
ingly, is  to  teach,  and  persevere  in  teaching,  what  is  to  be 
imiuied  or  avoided  in  each  department  of  the  art,  in  order 
that  judgment  may  be  exercised  in  reference  to  it,  I  shall 
continue  to  teach,  therefore,  that  we  roust  not  attempt  what 
cannot  be  accomplished;  that  we  must  avoid  all  arguments 
that  are  contradictory  or  oommon  to  both  sides  ;t  and  that 
nothing  in  our  speech  most  be  barbarous  or  obscure ;  but  the 
observance  of  all  such  rules  must  be  under  the  guidance  of 
common  sense,  which  cannot  be  taught. 

3.  From  judgment  I  do  not  consider  that  sagacUy  greatly 
differs,  except  that  judgment  ia  employed  about  things  which 
are  evident  m  themselves,  and  sagacity  about  things  that  ore 
obscure,  having  either  not  been  noticed  at  all,  or  being  of  a 
doubtful  nature.  Judgment  is  very  often  sure ;  sagacity  is 
a  certain  roascning,  as  it  were,  from  the  depths  of  things, 
generally  weighing  and  comparing  different  arguments,  and 
exercising  the  bcultiea  both  of  invention  and  arbitration,  i.  fiut 
such  obs^ations  are  not  to  be  taken  as  universally  true;  for 
sagacity  is  often  exercised  on  some  circumstance  that  precedet 
th*  pliading  at  a  cause ;  as  Cicero,  in  pleading  t^nst  Venea, 

•SeeaL8.5,flL 

f  OnHMMto.]  Sm  iii.  X  S. 

D,j„..;uL,  Cookie 


OH.T^  EDDCAnOK  OF  AM  ORATOB.  463 

appears  witb  great  sagaci^  to  have  preferred  occnpyjng  a 
flhorter  time  witb  his  speech  to  prolongiug  it  to  the  year  in 
vhich  Quintus  Horteosius  nes  to  be  consul*  6.  In  the 
eonduel  of  a  pleading,  sagacitj  holds  the  first  and  most  influ- 
ential place  ;  for  It  ia  required  to  determine  vhat  we  onght  to 
Bay,  what  to  suppress,  and  what  to  defer ;  whether  it  be  better 
to  deny  a  &ct,  or  to  justify  it;  when  we  shoold  use  an 
exordium,  and  of  what  kind  ;  wbeUier  we  should  give  a  state- 
ment of  facta,  and  in  what  form  ;  whether  we  should  rest  out 
case  on  Ian  or  on  equit;;  what  order  is  the  most  el^ble; 
what  style  we  should  adopt,  and  whether  it  be  expedient  to 
Bpeak  Iwldly,  gently,  or  humbly.  6.  But  upon  these  points  I 
hare  already,  as  occasion  has  allowed,  givei)  some  directions, 
and  I  Shall  continue  to  do  so  in  the  rest  of  my  work.  I  will 
make  a  few  remarks  here,  however,  by  way  of  example,  that  it 
may  be  more  clearly  understood  what  it  is  that  I  think  cannot 
be  taught  by  rales  of  art.  7.  The  sagacity  of  Demosthenes  is 
commended  iu  this  respect,  that,  when  he  was  recommending 
war  to  the  Athenians,  who  had  previously  tried  it  with  little 
success,  he  showed  that  nothing  had  been  done  in  it  aith 
prudent  management,  so  their  n^lect  might  be  made  amends 
for,  whereas  if  no  error  had  been  committed,  there  would  have 
been  no  ground  for  better  hopes  for  the  future.  8.  The  same 
orator,  too,  when  he  feared  to  give  offence  if  he  reproached  the 
people  for  their  indolence  in  maintaining  the  liberty  of  their* 
country,  preferred  to  dwell  on  the  praise  of  their  ancestors,  whc. 
had  governed  it  with  such  effect;  for  he  thus  found  them 
willing  to  listen,  and  it  naturally  followed  that,  while,  they 
approved  of  the  better,  they  repented  of  the  worse.  9.  As  to 
Cicero,  his  speech  for  Cluentius  alone  is  worth  an  infinity  of 
examples.  For  what  proof  of  sagacity  in  it  Shall  I  admire 
most?  The  opening  of  the  cose,  in  which  be  deprives  the 
mother,  whose  influence  bore  bard  upon  her  sou,  of  all  credit? 

*  When  Cicero  saw  tbat  it  was  in  ooDtempktioD  to  prolong  the  pro- 

wdin^  to  another  year  and  another  pnetorship,  and  to  rescue  the 
■consed  by  tbe  aid  of  Hortensius  and  HetelluB,  who  would  then  b* 
coniuls,  he  contrived  to  avoid  protracting  his  pleading,  and  spending 
time  on  increasing  the  number  of  his  charges,  and  called  witnesses  to 
support  each  individual  charge  that  he  had  made,  conugning  them  to 
Hortonsius  for  eiaminatioD ;  a  mode  by  which  Horteniiua  was  so 
fatigued,  that  he  ceaseil  to  offer  further  oppoution ;  and  Venes, 
despairing  of  saf^it,  wjnt  of  hi<'owD  acoord  into  exile.    Atcimimt 

u.,  .....Google 


4U  QunmuAir.  [&▼!, 

Or  his  deUrmiDKtion  to  tranafer  tbe  guilt  of  baving  bribed  tlut 
judges  on  the  adverse  party,  rather  than  deny  it,  on  aeeount,  as 
he  saya,  of  the  notoriout  infamy  of  their  judgment  ?  Or  bis 
recourse,  last  of  all,  in  bo  odious  au  afiiur,  to  the  support  of  tfaa 
]a\T,  a  mode  of  defence  b;  which  be  would  have  alienated  .the 
foeliugsof  the  judges,  if  the;  bad  not  been  previously  softened  ? 
Or  bis  protestation  that  he  adopted  that  course  contrary  to 
tbe  incliuation  of  Cluenlius  ?  1 0.  Or  what  shall  I  commend 
in  his  speech  for  Milo?  That  he  made  no  statement 
of  the  case  until  he  had  removed  tlie  prejudices  entertained 
against  the  accused  ?*  '  That  he  threw  the  odium  of  iiaving 
lain  iu  wait  upon  Clodius,  though  the  encounter  vaa  in 
reality  fortuitous?  Tliat  he  commended  the  deed,  and  yet 
exculpBles  Klilo  from  having  intentionally  committed'  it? 
That  he  put  no  supplicaUons  into  the  mouth  of  his  client,  bat 
took  the  character  of  suppliant  on  hiniself?f  It  would  bo 
eudle^4s  to  enumerate  all  the  proofs  of  sagacity  that  he  exhibits  ; 
how  he  divests  Cotta  of  all  credit ;{  how  he  opposes  himself  in 
the  place  of  Ligaiius  ;§  how  he  rescues  Cornelius  ||  by  alleging 
the  openness  of  his  confession.  11.  I  thinic  it  sufQcient  to 
oLiserve,  that  there  is  nothing,  not  only  in  oratory,  but  in  the 
whole  conduct  of  life,  more  valuable  than  sagacity ;  ^  that 
wiihoul  it  all  instruution  is  given  in  vain  ;  and  that  judgment. 
Clin  do  more  without  learning  than  learning  without  judgment ; 
for  It  is  the  pait  of  that  virtue  to  adapt  our  speech  to  places, 
circumstances,  and  characters.  But  as  this  part  of  my  sul^ect 
is  somewhat  comprehensive,  and  is  intimately  connected  with 
oratorical  effect,  it  shall  be  nodccd  when  I  proceed  to  giro 
du'ectious  on  spealiing  with  propriety.** 

•  Comp.  lii  6,  OS. 

t  Comp.  0.  1,  Ktct.  29,  27. 

t  Comp.  T.  H  30. 

g  Comp.  T.  10,  as. 

I  Comp.  v.  18,  IS,  26. 
1  Sm  c  3.  sect  31, 
••  B.  il  o.  1  ;  comp.  L  fly  L 


Xin>  OV  TOI.  I. 


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31.  6^.  each. 

— —  Life,     By  Sir  J.  Prior.  p.6d. 

BITBNKT'S  ETsUna.  By  Frances 
Bumey  <Mme.  D'Arblay).  With 
an  Introduction  and  Notes  by 
A.  R.  Ellis.     31.  6rf. 

Oeollla.  With  an  Introduc- 
tion and  Notes  by  A.  R.  Ellis. 
3  vols.     31.  6d.  each. 

BUKN  (R )  Ancient  Rome  and 
Ita  Noi^bourhood.  An  Illus- 
trated Handbook  to  the  Ruins  in 
the  City  and  the  Campagna,  (or 
the  use  of  Travellers.  By  Robert 
Bum,  M.A  With  namerons 
Illustrations,  Maps,  and  Plans. 
71.  W. 

BURNS  (Robert),  Life  ol.  By 
J.  G.  Lockhait,  D.CL.  A 
new  and  enlaced  Edition.  Re- 
vised l^  William  Scott  Dougks. 
y.bd. 

BOSTON'S  (Robert)  Anatomr  ot 
Jf  elaooholy.  Edited  by  the  Rev. 
A.  B.  Shilleto,  M.A.  With  In- 
troduction by  A.  H.  Bullen,  Bud 
(iill  Index.    3  vols.    jr.  W.  each. 

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3^.  td.  each. 

,*,  This  is  the  copyright  edi- 
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BVTLBR'8  (Btahop)  Analogy  of 
Ballglou,  Natural  and  Revealed, 
to  the  Constitution  and  Comse  of 
Nature ;  tc^ether  with  two  Dts- 
sertatioDS  on  Personal  Identity  and 
on  the  Nature  of  Virtue,  and 
Fifteen  Seimcmf.     y.  (td. 

BUTIiEIl'S  (8&muel)  Hndlbras. 

With  Variorum    Notes,    a    Bio- 

giafdiy,   Portrait,   and   38   lUns- 

tntioos.    51. 
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Outline  Portraits.      3  vols.     51. 


OSSAS. 

OaDlo  Hid  OlTil  Wan.    Trans- 

Uted  by  W.  A.  McDevitte,  B.A. 

5^- 
CAM OSKS'  Lnstad ;  or,  the  Dis- 

corery  of  India.     An  Epic  Poem. 

Translated  by  W.  J.  Mickle.   Sth 

Edition,  revised  by  E.  R.  Hodees, 

M.C.P.    y.  td. 

CARATAS  (Th»)  of  Maddalonl. 
Naples  under  Spanish  Dominion. 
Translated  from  the  German  of 
Alfred  de  Reumont.    31.  (td. 

OaSLTLE'S  BartoF  SeaarCne. 
With  75  Illustrations  by  Edmund 
J.  Sullivan,     y. 

CARFBNTSS'S  (Dr.  W.  B.) 
Zoology.  Revised  EdElion,  Iw 
W.  S.  Dallas,  F.L.S.    With  very 

-js  Woodcuts.     VoM.  61. 

[  Vol.  II.  (ml  ef  print. 


OARPHNTER'S  Ueohanloal 
Phlloaophy,  Aatronooiy,  and 
Horology.    181  Woodcuts.    %!, 

Tegetablo  Physlotogy    and 

STBtmuatlo  Botany.  Revised 
Edition,  by  E.  Lankester,  M.D., 
&c     With  very  numerous  Wood- 


Animal  Physiology.   Revised 

Edition.     With   upwards  of  300 
Woodcuts.     6j-. 

0A3TLG  (G.)  Sohoola  and 
Haatera  of  faaoo,  from  tbe 
Middle  Ages  to  the  End  of  the 
Eighteenth  Century.  By  Egerton 
Castle.  M.A.,  F.S.A.  With  a 
Complete  Bibli<^raphy.  Illus- 
trated with  140  Reproductions  ol 
Old  Engravings  and  6  Plates  of 
Swords,  showing  114  Examples, 
fa. 

OATTERMOIiB'S  Evenluga  at 
Haddon  Hall.  With  24  En- 
gtavings  on  Steel  from  designs  by 
Cattermole,  the  Letterpress  l^  the 
Baroness  de  Carabella.    5j. 

CATULLUS,  TIbtillus,  and  th» 
VlgUofTsnuH.  A  Literal  Prose 
Truulation.     51. 

CELLINI  (BenTSQuto).  aco- 
mdra  of,  written  by  Himself. 
Translated  by  Thomas  Roscoe. 
3f.W. 

CERVANTES'  Don  Quixote  d» 
la  Manoha.  Motteaux's  Trans- 
lation revised.     2  vols.      3r.  &/. 


A  Pastoral  Ro- 
mance. Translated  by  G.  W.  I. 
Gyll.     y.  6d. 

Exemplary  NotsIb.  Trans- 
lated by  Walter  K.  Kelly.  31,  60. 

CBAUCER'j  Poetical  Works. 
Edited  by  Robert  Bell.  Revised 
Edition,  wilh  a  Preliminaiy  Essay 
by  Prof.  W.  W.  Sfceal,  M.A.  4 
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OHIISB  OONGRBSB  of  1862. 
A  Collection  of  the  Gkmes  p1>7«d. 
Edited  by  J.  LoweothaL     51. 

CUAVKBITli  on  Oolonr.  TranS' 
Uted  from  the  French  \fj  Gntles 
MarteL  Third  E^tioa,  with 
Fl&tes,  j!-. ;  Of  with  an  additional 
series  of  16  Plates  in  Coloon, 
7(.  U. 

OHTLililNO^WORTa'S  BcUglan 
of  Protartuita.  A  Safe  War  to 
Salvation,     y.  dd. 

OHIHA,  netorfkl,  DtMriptin, 
and  HlatoilMl.  With  Map  and 
neatlf  lOO  lUustnttom.      51. 

CHBONIOLES  OF  THB  OBn- 
SADBS.  Coatempom;  Nun- 
tivei  of  the  Cnuade  of  Richard 
Dxui'  de  LioD,  \if  Richard  of 
Deviiea  and  Geoffrey  deVinsauf ; 
and  of  (he  Crusade  at  St.  Louis, 
by  LOTd  Jc*o  de  JoinTiWe.    S*. 

OIOERO'S  Oratfona.  Translated  ! 
by  Prof.  C  D.  Vonge,  M.A.  4 
vols.     51-  eadi. 

IiettOTI.  Translated  by  Evelyn  ' 

S.  Sfanclifaiirgh.   4  vols.   %s.  ead).   ' 

On   Omtoiy  and   Orston.  ! 

With    Letters    to    Quinlus    and   ' 
Brutus.    Translaled  hy  ^^  '^■ 
J.  S.  Watson,  M.A.     51. 

On  the  Nature  of  the  Ck>dfl, 

Dlvioatioii,   Fate,   Laws,  a  Re- 

E'  "a,  Consitdiip.  Triuktcd 
rof.  C  D.  VoBge,  M.A.,  «nd 
dsBaihaxi.     ^. 

Aoademloa,  De  Finitms,  and 

Tusculan  Questions.  By  Prirf. 
C.  D.  Yonge,  hLA.  51. 
CIOEHO'S  Offices  ;  or.  Moral 
Duties.  Cato  Ma)or,  an  Essay 
on  Old  Af^;  Ltelius,  an  Essay 
on  Fiiendship;  Scipio's  Dream; 
Paradoxes  ;  Letter  to  Qnijitos  on 
Magistrates.  Translated  by  C.  R. 
Edmonds.  31.  M. 
OOBlTXiLItTS    NBFOS.— i'ff 


to  HanUrr-  wCk  Edition,  Re- 
vised and  Eabuged  by  }.  R. 
PtaneU,  Ronsa  Csoix.  mUi 
nearly  looa  IHntbatioDa.  b.  Or 
with  Ae  lUiBtntiiHia  CaloiiTcd, 


CLASSIC  TALES,  contunlng 
Rasselas,  Vicar  of  Wakefield, 
GoUiver's  Travels,  and  The  Senti- 
mental Journey.    3/.  %d. 

coLitRmaB'S  (S.  t.)  ntand. 

A  Series  of  Essays  on  Morals, 

PtJitics,  and  Religion,     y.  6d. 

Aid*  to  BoflaotlMl,  and  Oe 

CONPISSIONS   0»  AN  iNQHIRnTO 

Spirit,  to  which  arc  add«d  the 
Essays  on  Faith  and  Che  BOOK 
OF  Common  Praykr.    y.  M. 

LMrinraa    and    Notaa    on 

ShakeBpaoTQ  and  other  EnriUah 
Poet*.   Edited  by  T.  Ashe.  is,6if. 

Blogmphla  Utenrta;  to- 
gether with  Two  Lay  Sermons. 

y.6J. 

Tttble-Talk  and  Omdaaa. 

Edited  I7  T.  Ashe,  B.A.    31.6^. 

Mlaoellanlea,  Asthatlo  and 

UtaruT;  to  wtadi  ia  added, 
Thx  THtORY  OF  Liri.  Col- 
lected and  arranged  t^  T.  Ashe, 
BJ^    3J.6«C 

COlfTE'S  FoaltlTe  FhlloBophy. 
Translated  and  eoodensed  by 
tianiet  Maitiiuaii.  With  InUo- 
duction  by  Frederic  Harrison. 
3  vols.    5».  each. 

COUm'B    Fhiloeoj^    t^  the 

Solenoes,  being;  an  Expo^tion  of 
the  Principles  of  the  Cturs  ie 
Philoi^kie  Positive.  By  G.  H. 
Lewea.    51. 

COHDB'S  Oatorr  of  the  Do- 
minion of  the  Araba  in  Spain. 
Translated  by  Mrs.  Foster.  3 
Tols.    y.  6d.  each. 

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EmiiLeiit  Penooi  of  tUl  Aces  and 
Couoblss.  ByThompioD  Cooper, 
F.S.A.      WUIi    >   Siq^li 


OOXK'S  Uemoln  of  the  Duke  of 
lEulborougli.  With  bis  cxkinai 
Correspondence.  By  W.  Coxe, 
H.A.,  F.R.S.  ReviMd  edition 
by  J<An  Wade,     3  vols.     31.  bd. 


i.6d. 

History  of  the  House  of 

Aiutrta   (1218-1793).      With    a 

Continuation  fiom  the  Acceidon 
of  Francis  I.  to  the  Revolution  of 
1S4S.     4  vols.    31.  6d.  each. 

CRAIS'  S  (G.  L.)  Purstdt  of  Eiion- 
ladge  under  Dlfflonlttea.  Illus- 
trated by  Anecdotes  and  Memoii's. 
Revised  edition,  with  numeiom 
Woodcut  Portraits  and  PUtes.   S^. 

OBOIK3H  ANK'S  Pnnoh  and 
ludy.  The  Dialogue  of  the 
Puppet  Show  s  an  AccooDt  of  its 
Ongin,  &c.  With  14  Illustra- 
tions, and  Coloured  Plates,  de- 
signed and  engraved  by  G.  Craik- 
ihaiilc.     S^. 

OUNNINaaAM'S  Uvea  of  the 
Most  Eminent  British  Painters. 
A  New  Edition,  with  Motes  and 
Kxteen  fresh  Lives.  By  Mrs. 
Heaton.     3  vols.     31.  6d.  each. 

DANTB.  DlTlna  0<»Bedr.  Taat- 
lated  by  the  Rev,  H.  F,  Caiy, 
M.A.     3J.  6d. 

Translated  into  English  Vers« 

t>y  I,  C.  Wiight,  M.A,  3rd  Edi- 
tion, revised.  With  Portiail,  and 
34  Illustralkm   on   St«el,  ^er 


DAHTK.  The  Talerao.  A  Literal 
PioM  TiaodatioB,  with  the  Text 
of  the  Original  priBted  on  the  same 
page.  ^  John  A.  Cari^  M,D. 

The  Fvigatorlo.     A  Literal 

Prose  Titmslation,  with  the  Text 
printed  on  the  same  page.  By 
W.  S,  Du^dale.     y. 

J3E   OOlOirHSS  (Philip),  Me. 

molisor.  Containing  Che  Historien 
of  Louis  XI.  and  dUiles  VIH., 
Kings  of  France,  and  Chailes 
the  Bold,  Duke  of  Burgundy. 
Together  with  the  Scandalous 
Chronicle,  ot  Secret  History  ot 
Louis  XL,  by  Jean  it  Troyes. 
Translated  In  Andrew  R.  ScoUe. 
With  Poitntti.    I  vols.     y.  6d. 

DSTOS'S  HoreU  sod  Ulsoel- 
lanaoui  Works.  With  Pie&ces 
and  Notes,  iDcludiog  those  attri- 
buted to  Sir  W.  Scott,  7  vols. 
31.  6^,  each. 

I. — Captain    Singleton,    and 

Colofiel  Jack. 

II, — Menunrs    of  a   Cavalier, 

Captain     Carleton, 

Dickoiy  Cronke,  &c 

IIL— Moll   Flanders,    and   the    . 

History  of  the  Devil. 
IV.— Roxana,  and  Life  of  Mie> 
Christian  Davies, 
v.— History  of  the  Great  Plague 
ol  London,  1665 ;  The 
Storm  {1703) ;  and  the 
True-born  ^iglishmatt. 
VI.— Duncan   Campbell,   New 
Voyage    round    the 
World,    and    Pcditical 
Tracts. 
VIL— Robinaoa  Cnwoe. 

DB  LOIiUH  OD  tte  Oonatttutlca) 
of  BBglMML  Edited  by  John 
Hacgregor.    31. 64. 

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An  Alphabetiml  List  of  Books 


DElOOirS  Hlstorr  of  Armi 
and  Armour,  bam  the  Earliest 
Period.  By  Anguste  Demmin. 
Traiukted  by  C.  C.  Black,  M.A. 

With  ne»ily  2000  Illustrations. 
^i.  bd. 

DBMOSTHSNES'  OrftUoiu. 
Translated  by  C.  Rajm  Kennedy. 
S  vols.  Vol.  I.,  31.  W. ;  Vols. 
II.-V.,  51.  each. 

DE  STAEL'S  Corlune  or  Italy. 
By  Madame  de  Stael.  Tians- 
tated  by  Emily  Baldwin  and 
Paulitui  Driver.    31.  W. 

SBVIiyS  Loelo,  or  the  Science 
of  Inference.  A  Popular  Manual. 
By  J.  Devey.     51. 

DIOTIONABY  of  LaUn  and 
ar«ak   QootationB;     including 

^  Proverbs,  Maxims,  Mottoes,  Law 

Tenna  and  Phrases,  With  all  the 
Quantities  marked,  and  English 
Translations.  With  Index  Ver- 
bonim  (632  pages),     y. 

DIGTIONABT  of  Obaolete  and 
FrovlnalBl  SngllBh.  Compiled 
by  Thomas  Wright,  M.A.,  F.S  A., 
&c.     3  vols.     5^.  each. 

DIDRON-'S  OhrlaUan  loono- 
'  graphy :  a  History  of  Christian 
Alt  in  the  Middle  Ages.  Trans- 
lated by  E.  J.  MUlington  and 
completed  by  Mai^aret  Stokes. 
With  340  Illustrations.  2  vols. 
5J.  each. 

SIOQENES  I.AERTItTS.  Uvea 
and  Oplniona  of  the  Asoient 
PtaUoaopbers.  Transited  tiy 
Prof.  C.  D.  Yonge,  M.A.     51. 

DOBBEE'S  AdTMSoria.  Edited 
by  the  late  Pto£  Wagner,    i  vols. 

DODD'S  EplgrammatlstB.  A 
Selaotloji  from  the  Epigrammatic 
Liteiatuie  of  Ancient,  Medixval, 
and  Modem  Times.     By  the  Rev. 


DONAI.DSON'S  Th«  ThMtr«  of 
Uw  QiMka.  A  Treatise  on  the 
History  and  Exhibition  of  the 
Greek  Drama.  With  nnmeTona 
Illustrations  and  3  Plans.  By  John 
William  DonaldscHi,  D.D.     51, 

DRAPER'S  HlatorT  of  Um 
Intalleotual  Derelopment  of 
Enropa.  Byjohn  William  Draper, 
M.D.,  LL.D.    z  vols.    $>■  «och- 

DUNIiOP'S  History  of  Hotlon. 
A  new  Edition.  Revised  by 
Hemy  Wilson.    3  vols.    51.  each. 

DYER  (I>r  T.  H.).  PompeU :  its 
Buildings  and  Antiquities.  By 
T.  H.  r^er,  LL.D.  With  nearly 
300  Wood  Engravings,  a  lai^ 
Map,  and  a  Plan  of  the  Forum, 
71.  6rf. 

TlloOltyofBame;  its  History 

and  Monuments.    Witti  Illustia- 

DYSB  (T.  7.  T.)  BriUah  Popular 
Cttatoma,  Fresent  and  Faat 
An  Account  of  the  various  Games 
and  Customs  associated  with  Dif- 
ferent Days  of  the  Year  in  the 
British  Isles,  arranged  according 
to  the  Calendar.  By  the  Rev. 
T.  F.  Thiselton  Dyer,  M.A.    51, 

EBERS'  Egyptian  PrlnoMS.  An 
Historical  Novel.  By  George 
Ebers.  Transbted  by  E.  S. 
Bnchheim.     3t.  (td. 

EDQE  WORTH'S  Sloriea  tbr 
CbUdreu.  With  8  lUustrations 
by  L.  Speed.    31.  td. 


EMERSON'S    Worka.      3   vols 
3^.  61/.  each. 
I. — Essays,  Lectures  and  Poems. 
II.— English  Truts,  Nature,  and 
Conduct  of  Life. 


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and  Social  aims  —  Miscel- 
laneous Papers  (hitherto 
UDCollected)  —  May  Day, 
and  Dthei  Poems. 

ELLIS  (Q-.)  Speolmens  of  Early 
r!TigHB>i  UelrioBl  Bomanoes. 
With  an  Historical  Intioduclion 
on  the  Rise  and  Prt^ess  of 
Koniantic  Composition  in  France 
and  England.  Revised  Edition. 
By  J.  O.  Halliwell,  F.R.S.     y. 

KNNESCOSEB'S  Hlrtoiy  of 
Ifaglo.  Translated  by  William 
Howitt.    3  vols.    Ji.  each. 

SFICTJfi'l'US,  The  DlWMimM  of. 
With  the  Encheiridion  and 
Fragments.  Tianslated  hy  Geo^e 
Long,  H.A.    51. 

JQUHIPIDES.  A  New  Literal 
Translation  in  Prose.  By  E  P. 
Coleridge,  M. A.   2  vols,   ji.each. 

EUTROPTIJS See  Jdstin. 

BD3BBIUS  PAMPHTLUS, 
EcoleslftBtlOBlHbiforyof.  Trans- 
latedbyRev.C.F.Cruse,M,A.  Ji. 

EVELYN'S  Diary  and  Corra- 
BpondondenoB.  Edited  from  the 
Original  MSS.  by  W,  Bray, 
F.A.S.  With  45  er^gravinga.  4 
vols.  Si.  each. 

FAIRHOLT'S  Coatumo  la  Eos- 
land.  A  History  of  Dress  to  the 
end  of  the  Eighteenth  Century. 
3rd  Edition,  revised,  by  Viscount 
Dillon,  V.P.5.A.  Illustrated  with 
above  700  Engravings.  2  vols, 
y.  each. 

FJELDINO'S  AdventufsB  of 
Joaeph  Andrawa  and  his  Friend 
Mr.  Abraham  Adams.  With 
Cruikshank's  Illustrations.  31.  6d, 

Elatory  of  Tom    Jcmsa,    a 

FoimdllDS.  With  Cruikshank's 
JUast  rations.  3  vols.  31.  Gii!.  each. 

, AmellA.    With   Cruikshank's 

Illmtiatioiu.    S^* 


FIiAXMAirS  LeotoTMonSonlii- 

tnre.     By  John   Flaxman,  R.A. 
With  Portrait  and  53  Plates.     61. 

FLORENOEofWOBCSSTBR'S 
Chronlola,  with  the  Two  Con- 
tiauatioDs  :  comprising  Annals  of 
English  History,  from  the  De- 
Mrture  of  the  Romans  to  the 
Reign  of  Edward  I.  Translated 
by  Thomas  Forester,  M.A.    y. 

FOSTER'S  (John)  Life  and  Cor- 
respondence. Edited  by  J.  E. 
Ryland.     2  vols.     3^.  6d.  each. 

OriUoal  EMaya.     Edited  by 

J.   EL  Ryland.     2  \iAs.      31.  6a. 

Eseays :  on  Decision  of  Cha- 
racter ;  on  a  Man's  writing  Me- 

ra  of  Himself ;  on  the  epithet 


Romt 


1  the   < 


I    of 


Men  of  Taste  to  Evangelical  Re- 
ligion.    3/.  td. 

Eaaay  a  on  the  Evils  of  Popular 

Ignorance  ;  to  which  is  added,  a 
Discourse  on  the  Propagation  of 
Christianity  in  India.     31.  6d, 

Easaya  on  the  Improvement 

of  Time.  With  Notes  of 
Sbrmons  and  other  Pieces. 
3J.6rf. 

QASFABT'S  History  of  itaUan 

Literature.  Translated  by  Her- 
man Oelsner,  M.A.,  Ph.D. 
Vol.  I.     31.  6d. 

OEOPPRET  OF  MONMOUTH, 
Chroiilolo  ot.—Ste  Old  Mnglish 
CAnnults. 

QESTA  HOMANOBDM,  or  En- 
tertaining Moral  Stories  invented 
by  the  Alonks.  Translated  by  the 
Rev.  Charles  Swan.  Revised 
Edition,  by  Wynnard  Hooper, 
B.A.    y. 


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An  Alphabetical  List  of  Books 


aiBBOirs  DodiM  uid  nji  of 

tke  Boman  Zmidra.  Complete 
and  Unabridged,  with  Vaiionim 
Notes.  Edited  bf  an  Ei^lish 
OnuckmBii.  With  %  Mapa  aad 
Portiait.     7  voli.    3j.  bi.  each. 

aiLBABT^  HMxnr,  PiincdplM,  : 
and  Praotloe  of  Banking-    By 
the   late  ;.  W.   GUbait,   F.R^. 
Ne»   Edition,   revised  by  A.  S. 
Michie.     2  voti.     icu. 

aiL  BLA3,  Tha  Adve&tniM  ot 
Translated  horn  the  French  ot 
Leiage  b]'  Smollett.  ^Vlth  24 
EngiiTiu^  on  Steel,  after  Smirlce, 
and  10  Etching*  bjr  Gecwge  Craik- 
thank.     6r. 

alRAI.DTTB  OAHBRBNBIS' 
BlBtoiloal  Worki.  Tianalated 
by  Th.  Forester,  M.A.,  and  Sir 
R.  Colt  Hove.  Kerised  Edition, 
Edited  \q  Tbonui  Wright,  H.A., 
F.S.A.     y, 

aOETHE'8  Fftturt.  Part  I.  G«t- 
num  Text  vith  Hajrwaid'a  Prose 
Tranilatiita  and  Note*.  Ravited 
by  C.  A,  Bochbeim,  Ph.D.    51. 

aoXTHE'S  W^fca.     Tianilated 
into    English  by   vaiions  hands. 
14  vols.    31.  6d.  each. 
1.  and  {I.-~AHtobiogiapby  and 

III.— Faust.      Two    Parts,    com- 
plete.   (Swan  wick.) 
IV.— NoTds  ood  Tales. 
V.-Wilhelm  Meister's  Appren- 
ticeship. 
VI.— Conversations   with   Ecker- 
maon  and  Soret. 
VIII.— DramaUc  Works. 
IX  — Wilhelm  Meister's  Travels. 
X.— Tonr  in  Italy,  and  Second 
Residence  in  Rome. 
XI.— Miscellaneous  Traveta. 
XII. — Early     and     Miscellaneous 

Letters. 
XIII. — Conespondenoe  with  Zeller. 
XIV.— Rein^e  Pox,  Wot-Eaitem 
DivsB  uid  AchiUeid. 


OOLDBIinH-S  WcriDI.    A  i» 


aBAlOCONT'S  Hamoln  of  the 
Ootui  or  Oliarlaa  II.  Edited  bv 
Sii  Walter  Scotl.  Together  with 
the  BoscOBBL  Tracts,  incloding 
two  not  before  published,  Ac. 
New  Edition.     51. 

ORAT'S  I.etteni.  Inchtdine  Oie 
Correspondence  of  Gray  aad 
ftfason.  Edited  by  the  Rev. 
D.  C  Tovey,  M.A.  Vtda.  I. 
and  II.  31.  bd.  each. 

aRBBK  AMTHOZiOOT.  Trans- 
lated by  George  Buigei,  M^   St> 

OKBEK  KOlC&NOaS  of  Hello- 
dorOB,  IiongoH,  and  AdiUIe* 
Tatlns — via.,  The  Adventnres  of 
Tbeagenes  &  Chariclea ;  Amoma 
of  Daphnis  and  Chloe ;  and  Loves 
of  ClitoiAo  aad  Leucippe.  Trans- 
lated by  Rev.   R.  Snutk,  MjV. 

aRKOOHT'S  liattara  on  Oe 
BTkUnoea,  Sootditaa,  *  Didlei 
of  the  Chiljrtlan  Religion.  By 
Dr.  Olinlhus  Grc£ory.     y.  fxL 

aRKBMB,  1CABI.OWB,  and 
BBK  70NSON.  Poens  oC 
Edited  by  Robert  Bell.     31.  fd. 

Q.RIMM'S  TALES.  With  the 
Notes  of  the  Original.  Translated 
by  Mrs.  A.  Hunt.  With  Intro- 
duction 17  Andrew  Lang,  M.A. 
3  vols.    y.  bd.  each. 

Oanmier  C^«tbel;  or,  Ger- 
man Fairy  Tales  and  Popular 
Stories.  Containing  41  Fairy 
Tales.  Trans,  by  Edgar  Ti^lor. 
With  nnmertius  Woodcuts  after 
George  Cmihshank  and  Lndvig 
Gttwm.     y,id. 

QROSBl'S  Maroo  TUoonti. 
Translated  by  A.  F.  D.  The 
Ballads   rendered    into    Bi^lish 


..Coo^>.' 


Contained  in  Bohn's  Libraries. 


OTJIEOT'S  HMory  of  the 
Kngllih  EUvolnUim  or  1640. 
Fram  Ihe  Aecewon  of  Chailes 
I.  to  his  Death.  Translated  by 
William  Hulitl.    31.  bd. 

HlBtoiT  of  atTlllmtlo&,  bom 

tbe  Fall  of  the  Roman  Emui*  to 
the  French  ReTolstion.  Tians- 
lated  by  William  Hailitt.  3  toIb. 
Xtt  ^,  each. 

HALL'S  tRev.  Robert]  lOaoel- 
lUMoni  Works  and  Bemfttns. 
31.6* 

a&UPTOK  COUKT:  A  Short 
History  of  the  ICaJior  end. 
Pttlooe.  By  Ernest  Law,  B.A. 
With  numerous  Illustrations.    <^s. 

HABDWIOICS  ElstoiT  "t  the 
Avtiidea  of  RellgloD.  By  the  late 
C.  Haidwiclt.  Revised  by  the 
.  Rev.  Francis  Procter,  M.A.    y, 

H&UFF'S  Tain.  The  Caravan— 
ThK  Sheilc  of  Aleiaadria— The 
Inn  in  dte  Spessait.  TnuM.  from 
the  German  by  S.  Mendel.  3J.  6d. 

HAWTHOmTE'S  TalM.    4  vols. 
31.  6d.  each. 
I.— Twice-told  Tales,   and  the 

SiKiw  Image. 
II.— Sculet  Letter,  and  tbe  House 
with  Ihe  Seven  Gables. 
III.— Transfonnation  [The  Maible 
Faun],  (Uid  Kithedale  Ro- 

IV.— Mosses  bora  an  Old  Manse. 
HAZLITT'S  Tabla-talt     Essays 

on  Men  and  Manners.     By  W. 

Hszlitt.     3r.  6rf. 
LeotursB  on  the  Utemture 

of  the  A^e  of  BUzabeth  and  on 

Olaracters  of  Shaltespeare's  Plays. 

31.  W. 
IiMtturaa  oa    the  BngUah 

FoetB,  and  on  the  Engli^  Comic 

Writers,    y.  hd, 
Tlw  nam  Speaker.  Opinions 

on  Boc^  Men,  asd  Thing*.  3>.6^. 
Bemitnua.    3r.M. 


HAZLITT'S     Sketohet     and 

SiEiaTi.  3^.  td. 
The  Spirit  of  tbe  A«e;   or, 

CoDtemporaif  Portraits.     Edited 

by  W.  Carew  Hazlitt.    31.  M. 
HEATOITS  Oonieise  Hlstorr  of 

PaluUrxg.     New  Edition,  revised 

by  Cosmo  Monkhouse.     51. 
HUaOL'S  LeotareaonttaePbllo< 

sophy  of  History.   Translated  by 

J.  SIbree,  M.A. 
HEIHB'S    Poems,    Complete! 

Translated  l:^  Edgar  A.  Bowring, 

C.B.    31.  bd. 
TiaTal-Pleturee,  including  the 

Tour  in  the  Ilarz,  Nordenieyiand 

Book  of  Ideas,  tc^ ether  widi  the 

Romantic  School.    Translated  by 

Fiancis*Stoii.     A  New  Edition, 

revised  throughout.  VnthAf^n- 

dices  and  Maps.     31. 6if. 
HELP'S    Llfb  of  Obrlstopher 

OolnmbuB,    the    Discoverer    of 

America.     By  Sir  Arthur  Helps, 

K.C.E.     31.  W. 
- — -  Life  of  Hemando   Cort«s, 

and  tile  Conquest  of  Mexico.     3 

vols.    31.  61/.  each. 

Life  of  Pl^arro.    3^.  fid. 

Llf»  of  Las  OauB  the  Apostle 

of  the  Indies.    31.  dd. 
HBNDERSON  (B.)  Seleet  Hla- 

tOTloal  Doouments  of  the  Middle 

Ages,  including  the  most  famous 
Charters  relating  to  England,  tbe 
Empire,  the  Church,  &c. ,  (ioni 
the  6th  to  the  14th  Centuries. 
Translated  from  the  Latin  and 
edited  by  Ernest  F.  Henderson, 
A.B.,  A.M.,  Ph.D.     y. 

HXHTRBT'S  Childe  to  BngUsb 
Ootns,  lirom  the  Conquest  to  the 
present  time.  New  and  revised 
Edition  by  C,  F.  Keary,  M.A, 
F.S.A.     (a. 

HBNBT  OF  HXJUTINODOM'B 
HMory  of  the  tiib'*'*  Trans- 
UUd  by  T.  Forester,  M.A.    51. 

D,j„..;uL,  Cookie 


An  Alphabetical  List  of  Books 


HUtODOTUS.  Translated  by  the 
Rev.  Henry  Cary,  M.A.     31.  W. 

— ^  NotM  on.  Original  and  Se- 
lected from  the  best  Commenta- 
tors.  By  D.  W.  Turner,  M.A. 
With  Coloured  Map.     51. 

-  ■  -  Anftlysis  Mut  Summuy  of' 
EyJ.  T.Wheeler,     is. 

HSSIOD,  CAIXIMAOHUS,  And 
THnoama,  Translated  by  ibe 
Rev.  J,  Banks,  M.A.     S'. 

HOITMAMira  (B.  T.  W)  The 
Soraplon  Biwthrsn.  J'lanslated 
[ram  Ibe  Germaa  by  Lt.-Col.Alex. 
Ewing.     2  vols.     it.  fid.  each. 

HOLBEIN'S  Danoe  of  Death 
and  Bible  Cuts.  Upwardsofiso 
Subjects,  engraved  in  facsimile, 
with  lotraduction  and  Descrip- 
tions by  Francis  Douce  and  Dr. 
Thomas  Frognall  Dibden.     51, 

HOMEB'B  Diftd.  Tianslated  Into 
English  Prose  by  T.  A.  Buckley, 
B.A.     Si. 

Odyaiey.    Hymns,  Epieracos, 

and  Battle  of  the  Fio£e  and  Mice. 
Translated  into  Engl^  Frose  by 
T,  A.  Buckley,  B.A,     51. 

Ste  also  Pope. 

HOOFBB'B  (a.)  Waterloo;  The 
DownfiOl  of  tho  Plrat  Nnpo- 
leoD :  a  History  of  ^e  Campaign 
of  1815,  By  George  Hooper, 
With  Maps  and  Plans.    31.  W. 

Ttaa  Campaign   of.  Sedan  : 

The  Downfall  of  the  Second  Em- 
pire, August  -  September,  1870. 
With  General  Map  and  Six  Plans 
<A  Battle.     3/.  6d. 

HORA.OX.  A  new  literal  Prose 
tianslatioD,  twA.  Humilton  Bryce, 
LL.D.    31.  gj: 


HDOO'S  (Tlotor)  Dramatlo 
WoTki.  Hemani— Ruy  BI>s — 
The  King's  Diversion.  Translated 
by  Mrs.  Newton  Crosland  and 
F.  L.  Sloua.     y.  ftd. 

Foema,  chiefly  LyricaJ.  Tnuu- 

lated  by  various  Writers,  now  first 
collected  1^  J,   H.  L.  WlUimms. 

y.td. 

HUICBOLDT'S  Coamo*.  Trans- 
lated by  E.  C.  Ott^,  B.  H,  Paul, 
and  W,  S,  Dallas,  F.L.S.  S  vols. 
yt,  dd.  each,  excepting  Vol.  V.  Jx. 

Penwnol  NoiratlTe   of  bis 

Travels  to  the  Equinoctial  Rt^ous 
of  America  during  the  years  1799- 
i3o4.  Translated  by  T.  Ross.  3 
vols.      51.  each, 

Views  of  Nature.   Tran^ted 

by  E.  C.  Oai  and  H.  G,  Bohn. 
S'- 

SUIEFHRBTS'  Coin  aoUaotor'i 
Muinal.  By  H.  N.  Hemphreys. 
with  upwaids  of  140  lUostralions 
on  Wood  and  Steel.    2  vols.    Ji. 

HDNaAST:  its  History  and  Re- 
volution, togelhei  with  a  copious 
Memoir  of  Kossuth.      3^,  6d. 

HirrOHINBON  (Colonel).  He- 
molra  of  the  Ljfe  of.  By  bis 
Widow,  Lucy  %  together  with  her 
Autobiography,  and  an  Account 
of  the  Siege  of  Laihom  House. 
3,.6d. 

HITNT'S  Foelry  of  Solanoe.    By 

Richard  Hunt,  3id  Editi<Hi,  re- 
vised and  enlarged.     %s. 

TTJTtTa  BEFOIffi  'I'H  w.  SEPOT 
MUTINY.  A  Plotorta^  Db- 
BorlpUve,  and  Hlstorioal  Ao- 
oount,  from  the  Earliest  Times 
to  the  Annexation  of  the  Punjah. 
with  upwards  of  ltx>  Engravings 
on  Wood,  and  a  Map.     51, 

INaULFH'B  Ohronlolee  of  the 
Abbey  of  Croylond,  with  Ibe 
Continuation  by  Peter  of  Blois 
and  other  Writers.  TransUled  by 
H.  T.  Riler,  MJL    5;. 

D,j„..;^L,  Cookie 


Containea  in  Bohtis  Libraries. 


13 


IRVINa'a   CWaBhlngton)  Oom- 

plete  Works.  15  vols.  With  For- 

traits,  &C.     31.  bd.  each. 

I.— Salmagandi,     Knickci- 

bockei's  HiitoTV  of  New 

York. 

II.— The  Sketch-Book,  and  the 

Life  of  Oliver  Goldsmitb. 

Ill Bracebridge  Hall,   Abboti- 

ford  iDdNewsteadAbbef . 
IV.— The  Alhambra,  Tales  of  a 

Traveller. 
V. — Chionide  of  the  Conquest 
of  Granada,   L^en^  of 
the  Q>nquest  of  Spain. 


VIII.— Astoria,    A   Tour   on    the 

XI. — Life  of  Mahomet,  Lives  of  the 
SoccesEocs  of  Mahomet. 
X, — Adventures  of  Captain  Bon- 
neville, U.S.A.,  WoKerfs 

XI. — Biiwrapbtes   and    Miscella- 
neous Papers. 
Xn.-XV.— Life  of  George  Wash- 

ingtOQ.    4  vols. 
Iilte  ajid  Letten.     By  hii 

Nephew,  Pierre  E.  Irving.  3  vols. 

31.  f)d.  each, 
ISOORATSS,  Th«  Orotiona  of. 

Translated  1^  J.  H.  Freese,  M.A. 

Vol.  I.    SI. 
JAMES'S    (a.  P.  B.)    Life    of 

Btotuud  CtBur  d«  Lion.   2  vols. 

31.  6d.  each. 
The  Life  and.  Tlmea  of  Louis 

XIV.    2  vols.    31.  6</.  each. 
JAMESON'S   (Mrs.)    Shoke- 

spears'a  Herolnea.      Characlei- 

istics  of  Women;  Moral,  Poetical, 

and  Historical.   By  Mrs.  Jameson- 
Si.  W. 
jnssK'S  (E.)  Aneodotea  of  Dogs. 

l^ith  40  WoodCDls  and  34  Sleel 

Engravings.     51-. 


JESSE'S  (J.H.)  Memoirs  of  tha 
Court  of  England  diving  Uio 
Reign  of  the  Staarta,  including 
the  Protectorate.  3  vols.  With 
42  Portraits.     Ji.  each, 

Memoirs  of  the  FretoDdera 

and  theli  Adherents.  With  6 
Portraits.     51. 

JOHNSON'S  Uvea  of  tbe  Poets. 
Edited  by  Mn.  Alexander  Napier, 
with  Introduction  by  Professor 
Hales.     3  vols.     3/.  bd,  each. 

J0SEPHO3  (FlavIUH),  The  Works 
of.  Whiston's  Translation,  re- 
vised by  Rev.  A.  R.  Shilleto,  M.A 
With   Topwraphical    and    Geo. 

rphical  Motes  by  Colonel  Sir 
W.  Wilson,  K.C.B.  5  vols. 
3;.  f>i.  each. 

JOYCE'S  Solantlflo  Dlaloguaa. 
WUh  numerous  Woodcuts.      JJ- 

JTTKES-BSOWNE  (A.  J.),  The 
Building  of  the  Brltlah  Islet: 
a  Study  in  Geographical  Evolu- 
tion. Illustrated  by  numerous 
MapsandWoodcnts.  zndEdilion, 
revised,  Ts.  6d. 

Student's    Handbook     of 

Fhysloal  Oeology.  With  nu- 
merous Diagrams  and  Illustra- 
tions, znd  Edition,  much  en- 
larked,  Jt.  6d. 

JUUAN,  the  Emparw.  Contain- 
ing Gregory  Naxianien's  Two  In- 
vectives and  Libanus'  Monody, 
with  Julian's  extant  TbeosophiMl 
Works,  Translated  by  C.  W. 
King,  M,A.     S'- 

JU8TIN.  CORNELIUS  NBPOS, 
and  BTJTROPIXTS.  Translated 
by  the  Rev.  J.  S.  Watson,  M.A. 
S'- 

JUVENAL,  FERStUS.  SVL- 
FICIA  and  LUCILIUS.  Trans- 
lated by  L.  Evans,  M.A.     y, 

JUNIDS'S  Lettera.  With  all  the 
Notes  of  WoodBdl's  Edition,  and 
important  Additions.  2  voli. 
y.  6J.  each, 

D,j„..;uL,  Cookie 


M 


An  Alpltabetkal  List  of  Books 


KUnrS  OilUqiM  of  Pnie  ReMOB. 
TnnilKed  bjr  J.  M.  D.  Meikle- 

FrolasomflUft   uid   Ueta- 

pbyaloal  FoimdatlOD  lorNatoral 
SotaBM.  Translated  byE.  Brifort 
Bai.     51- 

ESIOHTLET'S  (Tbomu)  Mr- 
Uiologr  of  Analeat  Oreeoe  and 
Italy,  fth  Edition,  reviseil  by 
Letmaid  Scbmiti,  Ph.D.,  LL.D. 
With  r»  Pl«e»  firom  the  Antique. 
S*. 

VUir  ICjUiologr.  innst  naive 

of  the  RoinuKe  and  Sapentition 
of  Vuiom  CooBtiie*.  Kevised 
Edition,  with  Frontispiece  by 
Cnolc^unk.     51. 

LA  FONTAINS'a  FabUa.  Trans- 
lated into  English  Veise  br  EiinlT 
Wrigbt.  New  Edition,  with  Motes 
by  J.  W.  M.  Gihht    31. 6A 

LAJIAHTXMK'a  Hl»l»i7  of  the 

Qb^UdMa.     Tiansbtedbytl.T. 

Ryde.      3  vols.    3j-.6rf.  each. 
HUtoiT  Of  tits  ReatonUton 

of  Uonftrohy  In  ITnuioe  (a  Sequel 

to  the  History  of  the  Girondiis). 

4  vols.    3T.  €d.  each. 
- —  HWory  of  tbe  EVenoh  Ke- 

TOluHon  of  1848,    jr.  bd. 
IiAMB'S  (Cfaoriefl)  Ssaayv  of  fflla 

and  SStam.     Complete  Edition. 

3r.6rf. 
Speolmeoa  of  EagUsh  ^:a- 

raatlo   Poets  of   tile   Time    of 

SUzabetlL    3;.  &Z. 
ICemorlftls  and  L«Ucn   of 

OhRTlea    Lamb.       By    Serjeant 

Talfburd.    New  Edition,  revised, 

by  W.   Cucw  Haztitl.      2  voU. 

31.  fid.  e«cb. 
LAKZI'B  HUt(»7  of  Faintiiig  In 

lia];,  fiom    the    Period  of  the 

Revival  of  the  Fine  Arts  to  the 

End  of  the  E^teenth  Century. 

Translated  by  Thomas    Roscoe. 

3  voU.    3J.  hd.  each. 


LAFFENBERa'S  Htatoiy  of 


Saion  Kliiff.  TransliMd  by 
B.  "niorpe,  F.S.A.  New  edition, 
revised  by  E.  C.  Ott^.  a  vola. 
31.  ftd,  each. 

LSOTITBSIS  ON  PAXNTINO, 
by  Bany,  0;xe,  FoseU.  Edited 
^  R,  Wotnm.     51. 

LEONABDO  DA  TINOI'S 
TiMkUM  on  T«lntln«.  Tniu- 
tatol  by  J.  F.  Rlfaad,  R,A.« 
Vnth  a  Ljfe  t£  Leonardo  bj  John 
WiUiun  Brown.  Wtth  nmneraas 
Plates,     is. 

LSPSIUS'S  Let±gcm  ftom  Sgypt, 
&thlo[ria.,  and  tits  Fcnltwalit  of 
Slnal.  Translated  by  L.  and 
J.  B.  HorocT.    With  Nb^n.     5t. 

LEBSDia'S  DraoMtlo  Worlu, 
Compete.  Edited  b^  Ernest  Bell, 
M.A.  With  Memosr  of  Lessing 
by  HeloD  ZinuMfn.  a  vols. 
3^.  fid.  ea^ 

LMkoon,  DramftUQ  Notea, 

and  Um  ItopTeMotatlon  01 
Dnth  by  th*  AndMiti.  Twu- 
IMod  hr  E.C.  Beuley  and  Hden 
Zimmem.  Edited  i^  Edward 
Bell,  M.A.  lA^h  a  FroDtiapiece 
of  the  Laolcoon  group.    31.  f>d. 

LILLTS  Litroduotltm  to  Aitro- 
logr.  With  a  Gkaumak  qf 
AsTROLOGT  Hid  Tabtes  for  Cal- 
culating Nativities,  by  Zadkiel.  51. 

LIVY'B  RtatcnTotRenne.  Tmis- 
laled  by  Dr.  SpiUam,  C.  Edmonds, 
and  others.     4  vols.    5/,  each. 

LOOKE'S  FtalloBophloal  Wodu. 
EditedbyJ.  A.  St.  John,  a  vols. 
y.  6d.  each. 

Lliia  Euid  Letterc    By  Lotd 

King.    3;.  6d. 


Cooj^lc 


Contained  in  Bokn's  Libraries. 


IiOSOE'S  PortzKlti  of  niutrlous 
ParBonMea  "i  OrMt  BrtUln, 
with  Biognphicei  aad  Historical 
Memoir!.  240  Portraits  engia.ved 
on  Steel,  witti  tie  twpective  Bio- 
KraphMi  unabridged.    8to1b.    V- 


LOtrOON'S   (Un.)  Katunl 

History.      Revised    «lition,    b; 

W.    S.    Dallas,    F.L.S.      With 

numerous  Woodcut  TUus.     5;. 
LOWNDES'  Blbllographart 

VftDnal  of  EngllBh  Ltteratare. 

Enlarged    Edition.      By  H.  G. 

Bohn.      6  vols,  cloth,   ^.   each. 

Or  4  vols,  half  morocco,  »/.  li. 
IiONOnS.    DapbnlB  and  Chloe. 

— SmGrkbk  Romances. 
LUOAN'S  Phanalla.    Tonslued 

by  H.  T.  Kiley.  M.A.    s^- 
IiUOIAlTS   Dialogues   of    Ua 

Oods,  of  ttie   Saa    Qoda,  and 

of   the   Dead.      Translated    by 

How«d  Williams,  M.A.     51. 
LUCKETIUS.    Translated  by  the 

Rev.  J.  S.  Watson,  M.A.     51, 
LtPTHER'S  Tablo-Talk.    Trant- 

lated    and)   Edited    by   William 

Hazlitt.    31.  bd. 
Autoblagraptly.  — 3^ 

MiCHELET. 

MAOHIATBLU'3  Hlatory  of 
Tloienoe,  tcwether  with  the 
Prince,  Savonarma,  vailons  His- 
torical Tracts,  and  a  Memoir  of 
Madiiavdli.    31.  dd, 

MAIXBT'S  NorUiani  AnUqul- 
tles,  or  an  Hiitorical  Account  of 
the  Manners,  Customs,  Religions 
and  Laws,  Maritime  Expeditions 
and  Discoveries,  Ijuiguage  and 
Literature,  of  the  Ancient  Scandi- 
navians. Translated  by  Bishop 
Percy.  Revised  and  Enlarged 
Edition,  with  a  Translation  of  the 
PROSC  Edsa,  by  J,  A.  Blacli- 
welL    S*. 


MAHTSLL'S  (Dr.)  FeM&MUou 
utd  Ui«ir  TsaoUDtfa.  With  nu- 
merous illustrative  Woodcuts.  6/. 

Woiubn  of  Owlocr.     Sth 

Edition,  revised  by  T.  Rupert 
Jones,  F.G.S.  With  a  colotued 
Geological  Map  of  Eiuland, 
Plates,  and  upwards  of  ZOO 
Woodcuts.    A  n>k.    71,  id.  MCL 

UANKOHI.  Tba  Batrothea: 
hdnif  a  TranslatioD  of  '  I  Pro- 
messi  Sposi.'  By  Alessandro 
Maotonl.  With  twmerona  Wood- 
cuts.    \s. 


HAKOO  POLO'S  TmT«la;  die 
TiualatioD  of  Matsdcn  revised 
by  T.  Wrigbl,  U.K.,  F.SJ^    51. 

MARSTAT'8  (Capt  R.K.) 
Maateaman  Beady-  With  93 
Woodcuts.    }i.  M. 

Ulsslon ;  or.  Scenes  in  Africa. 

Illuslrafed  by  Gilbert  and  Dalzlel. 

Pirate  and   Three   OuUera. 

With  8  Steel  En^vings,  from 
DnwiogS  by  Oar&on  SunGeld, 

R.A.    y.  6rf. 

—  Frlrateemnan.  8  Sogiav- 
ingi  on  Steel.    3^,  6a 

Settlsn  In  Oamda.    10  En* 

gnvings  by  Gilbert  and  Daliiel. 
y.f>d. 

Poor  Jack.  With  ifl  Illus- 
trations after  Clarlison  Stansfield, 
R.A.    ji.&f. 

Pet«r  Simple.  With  8  lull- 
page  IllustratioQS.    31.  bd. 

Uldahlpman  Xacy.    With  8 

lull' page  Illustrations.    3J.  M. 

MABTIAL'S  Epigrams,  complete. 
Translated  into  Prose,  •mU  ac- 
companied by  (Hie  or  ihom  Verse 
Truulalions  seleeted  ftom  the 
Works  (rf  English  Foets,  and 
other  sources,  v.  6d. 

D,j„„_,  Google 


i6 


An  Alphabitical  List  of  Books 


lURTINBAU'S   (HuTlet)    HI*- 

tory  of   England,   from    1800- 

1815.    y-(>d, 
Hlitory  of  the  Thirty  TMUn' 

PMoa,   A,D.    1815-46.      4   vols. 

31.  ftd.  each. 
See  Comtt's  Positivt  Fhilesefhy, 


MATTHSW  OF  WE3TMIN- 
STB&'S  Flowen  of  Biitory, 
from  the  beginnii^  of  the  World 
lo  A.11.  1307.  Translated  by  C.  D. 
Voi^,  M,A.     %  vols.     y.  each. 

lUXWKLL'S  YlotorlM  of  Wel- 
Ingtou  and  the  Bimah  Analea. 
Frontispiece  and  5  Portraits.     51. 

UENZEL'S  History  of  a«nnftny, 
from  the  Earliest  Period  to  1842. 
3  vols.     31.  f>d.  each. 

MICHAEL  AKGELO  AMD 
RAPHAEL,  thBtr  LItm  and 
Works.  By  Duppa  aud  Quatre- 
mere  de  Quincy.  With  Portraits, 
and  Engravings  on  Steel,     y. 

inOHELBT'a  Liither'a  Auto- 
biography. Trans,  by  William 
Hailiit,  With  an  Appendix  (no 
pages]  of  Noles.     31.  ttd. 

History  of  UuFrenohReTo- 

intlon  from  it3  earliest  indications 
to  the  flight  of  the  King  in  1791. 
3J.6rf. 

MiaNZT'SHlstoryof  ttaeFrenoh 
Karolutlon,  from  17S9  to  1S14- 
y.  w. 

MILL  (J.  S.).  Early  Esiays  by 
John  Stuart  MIU.  Collected  from 
various soorcesbyJ.W.M.  Gibbs. 
y.6d. 

MILLSB  (FrofoMor).  History 
PUlosophloolly  niuatTA  ted,from 
the  Fall  of  the  Roman  Empire  to 
the  French  Kevolution.  4  vols. 
31.  &&  each. 


^A 


FosUoal  Works,  with  a  Me- 
moir and  Critical  Reioarks  hy 
Tames  Montgomeiy,  an  Indei  to 
Paradise  Lost,  Todd's  Verbal  Indea 
to  all  the  Poems,  and  a  SelectioD 
of  Explanatory  Notes  by  Henry 
G.  Bohn.  Illustrated  with  I30 
Wood  Engt«vings  from  Drawings 
to"  W.  Harvey,  a  vols,  31.  W. 
each. 

urrroRD's  (mibb)  out  vuiogs 

Sketches  of  Rural  Character  and 
Scenery.  With  3  Engravings  on 
Steel.    3  vols.    31.  6d.  each. 

UOLIBBE'3   DramRUo  Worka. 

A   new  Translation    in  Ei^ljsh 

Prose,  by  C.  H.  Wall.  3  vols. 
y.6d.  each. 

MONTAQU.  The  Letters  ajid 
Works  of  Lady  Mary  Wortley 
MontagTL  Edited  by  her  great- 
pandson.  Lord  Whamdiffe's  Edi- 
tion, and  revised  by  W.  Moy 
Thomas.  New  Edition,  revised, 
with  S  Portraits,  a  vols.  51.  each. 

MONTAIGNE'S  Basays.  Cotton's 
Translation,  revised  by  W.  C. 
Hailitt.  New  Edition.  3  vols. 
3j.  6d.  each. 

MONTESQUIEU'S  Spirit  oi 
LawB.  New  Edition,  revisedand 
corrected.  By  J.  V.  Prilchard, 
A.M.    2  vols.     y.  6d.  each. 

MOTLET  (J.  L.).  rrhe  Bbe  of 
the  Dutch  Sepnbllo.  A  History. 
By  John  Lothrop  Motley.  New 
Edition,  with  Biographiod  Intro- 
duction by  Moncure  D.  Coii«a]>. 
3  vols.    31.  6ii.  each. 

MOAPHT'S  Qames  of  CIubi. 
Being  the  Matches  and  bestGsmes 
played  by  the  American  Cbompion, 
with  Explanatory  and  ADaiydcil 
Notes  by  J.  LoweiUhaL    sr- 


Contained  in  Bokn's  Libraries. 


ICDSIE'S  BiWali  Hilda;  or,  His- 
toiy  ai  theFeatheied  Tribes  of  the 
Bntiib  Islands.  Revised  by  W. 
C.  L.  Mutin.  Wth  52  Figures 
of  Bitds  and  7  Colouied  Plates  of 
E^*,     3  vols. 

NlUlTDIiB    (Dr.   A.}.     Hlatory 

of  the  OhrlatUn  Ballgioii  and 
Churoh.  Trans,  fiom  the  German 
byJ.Toney.   iotoIs.  3J.6(f.each. 

Life  of  Jenu  Ohriat.  Trans- 
lated by  J.  McClintock  and  C. 
Blumentlul.    31.  6d. 

Elrtory  ot  the  Flantlne  and 

Tralnliifi  of  tho  Ohriatlan 
Ctantoh  by  the  Apoatles. 
Translated  by  J.  E.  Ryiand. 
z  vols.     y.  6d.  Mch. 

UemorlolB  of  Cbfiatlan  lAb 

a  Uie  Sarly  and  Middle  Agea ) 


NIBBLUNOEN  LIED.  The 
Laj  of  the  Nlbalungs,  metrically 
translated  from  the  old  Geiman 
text  by  Alice  Hoiton,  and  edited 
1^  Edward  Bell,  M.A.  To  which 
is  prefixed  the  Essay  on  the  Nibe- 
Inngen  Lied  by  Thomas  Carlyle. 
V- 

HEW  TESTAMENT  (Tlie}  In 
areek.  Griesbach's  Text,  with 
various  Readings  at  the  foot  of 
the  page,  and  Parallel  References 
in  Oie  margin  ;  also  a  Critical 
Introduction  and  Chronological 
Tables.  By  an  eminent  Scholar, 
witha  Greek  and  English  Lexicon. 
3rd  Edition,  revised  and  corrected. 
Two  Facsimiles  of  Gieelt  Manu- 
scripts.   900  pages.     $s. 

The  Lexicon  may  be  had  sepa- 
rately, price  21. 

NIOOLINI'S  HlBtc^  of  the 
JoBulta;   their  Origin,  Progress, 

Doctrines,  and  Designs.     With  S 
PotUtaits.    y. 


NOBTH  (B.)  Uvea  of  the  Ri^bt 
Hon.  Francis  North,  Baron  Guild- 
ford, Che  Hon.  Sir  Dudley  North, 
and  the  Hon.  and  Rev.  Dr.  John 
North.  By  the  Hon.  Roger 
North.  Together  with  the  Auto- 
bi<%raphy  of  the  Author.  Edited 
by  Augustus  Jessopp,  D.D.  3vols- 
3j.  6d.  each. 

NUaSNT'S  (Lord)  Memcwlali 
of  HAmpdtti,  bl>  Partr  and 
Tlmea.  With  a  Memoir  of  the 
Author,  an  Autc^rapb  Letter,  and 
Foitrait.    51. 

OOKLBT  (S.)  Hlitory  of  the 
Saraoena  and  thslr  Coaqueats 
hi  Syria,  Persia,  and  Egypt. 
By  Simon  Ockley,  B.D.,  Protessor 
of  Arabic  in  the  University  of 
Cambiidge.     is.  6d, 

OLD  ENGLISH  CHRON- 
ICLES, including  Ethelwerd's 
Chronicle,  Asser's  Life  of  Alfred, 
Geoffrey  of  Monmouth's  British 
History,  Gildas,  Nennius,  and  the 
spurious  chronicle  of  Richard  of 
Cirencester.  Edited  by  J.  A. 
Giles,  D.C.L.    SJ. 

OMAN  (J.  C.)  The  Great  Indian 
EploB:  the  Stories  of  the  Raua- 
YANA  and  the  Mahabkabata. 
By  John  Campbell  Oman,  Prin- 
cipal of  Khalsa  Collt^e,  ^rilsar. 


ORDERIOUS  VITALIS'  Boole- 
liastloal  History  of  England 
and  Normandy.  Translated  by 
T.  Forester,  M.A.  To  which  is 
added  the  Chronicle  of  St. 
EvROULT.     4  vols.     51.  each. 


PASCAL'S  Thoughta.  Translated 
from  the  Text  of  M.  Auguste 
Molinier  by  C.  Kegan  Paul.  3rd 
Edition. 


D,j„..;uL,  Cookie 


i8 


An  Alphabetdal  List  of  Books 


PAtnU'S  (Dr.  R.)  LUk  of  AUtod 
tba  Qreat.  TnuuUted  from  the 
Germui.  To  which  ii  >ppeTided 
Alfred's  Anglo-Saxon  Vsmion 
Kur  Okosius.  With  >  literal 
TnuisUtioD  interptged,  Notes, 
ladui  Anclo-Saxoh  Gkammas 
■nd  Glossaky,  bjrB.  Thorpe.  51. 

PADSAMIAS'  Desorlptloa  of 
OtMO*.  Newtytmisl>tedb7A.R. 
Shilleto,  M.A.    ■  vols.    Ji.  each. 

FHARSOirS  XzpoBltloll  Ottlie 
Gieed.     Edited  b;  E.  Walford, 

PEFTB'  Diary  and  OoTTwpond- 
enoe.  Deciphered  by  Ihe  Rev. 
J.  Smith,  M.A.,  ftom  the  original 
Shorthand  MS.  in  the  Pepysian 
library.  Edited  by  Lord  Briy- 
brooke.     4  vols.     With  31  En- 


PXROT'S  RellquM  of  Anotoat 
EngUah  Foetor.  With  xa  Essay 
on  Ancient  Minitrels  and  a  Glos- 
sary, Edited  by  J.  V.  Pritcbord, 
A-M.    :  vols.     3/.  fxL  each. 

PERSniS.— .^M  TciviHAL. 

PETBABOH'S  SoniMta,  Td- 
umphB,  and  otHar  Po«ms. 
Translated  into  English  Verse  by 
vaiioos  Hands.  Wth  a  Life  of 
the  Poet  by  Thonia*  Campbell. 
With'Portriut  and  15  Steel  En- 
gravings.    5;. 

PHII.O-JOD2:nS,  Work!  of. 
Translated  by  Prof.  C  D.Yonge, 
M.A.     4  vols.      5 J.  each. 

PlCKBRINa'8  HUtory  of  the 
Bomb  of  ICan,  uid  thdr  Geo- 
graphical DistritMitioo.  With  An 
Analytical  Synopsis  of  thk 
Natoral  History  of  Man  by 
Dr.  Hall.  With  a  Map  of  the 
World  and  12  coloured  Plates.  51. 

FINDAB.  TransUted  into  Prose 
by  Dawson  W.  Turner.  Towhich 
is  added  the  Metrical  Version  by 
Abraham  Moore,     ^i. 


Century.       By   J.    K.    ! 

Somerset  Herald.    With  i^wuda 

of  400  Itloftrationi.     fi. 

PLATO'S  Work*.  Literally  traos- 

lated,    with    Introduction    and 

Notes.    6  voli.    5f.  eadi. 

I. — The  Apology  of  Socrates, 

Crito,  Phsedo,  Gorjiias,  Fro- 

tagcHas,  Pbtedius,  Thextetus, 

Euthyidiron,  Lysis.      Tnuu- 

laCed  by  the  Rev.  H.  Caiey. 

II.— The  Republic,   Timseus,   and 

CritMs.  TandatadbyHoHy 

Davis. 

III. — M«no,      Euthydemos,      The 

Sophist,  Statesman,  Cratylos, 

" -^--.andtheBanqoet 


Translated  by  G.  Buii 
IV.— Philebns,  Charmide!    ' 


L«jies, 


ages.    Rivals,     Hipnirchus, 
Minos,    Clitapho,    £piulet 
Translated  t^  G.  Burges. 
v.— The    Laws.      Translated   by 

G.  Burges. 
VI.— The  Doubtful  Works.    Trans- 
laled  by  G.  Burges. 

Summary  and  Analyala  of 

the  Dlaloguas.    With  Analytical 
Index.    By  A.Day,  LL.D.     5^. 
PLAUTITS'S   Comedies.     Trans- 
lated I7  H.  T.  Riley,  M.A.    3 
vols-    y.  each. 
FLINT'S    Natural     History. 
Translated   by    the     late    John 
Bostock,  M.D..  F.R.S.,  and  H.T. 
Riley,  MA.    6  vols.     5/.  each. 
FLIHT.     The  Lett«n  of  Pliny 
th»  Tonngor.     Melmoth's  trans- 
lation, revised  Iw  the  Rev.  F.  C. 
T.  Bosanquet,  M.A.    5^. 
PL0TINTJ8,   Sd«ot  Work»  of. 
Translated    by    Thomas  Tavln. 
With  an  Introdncdon  containing 
the  substance  of  Potphyry's  Plo- 
tinus.    E Jiled  by  G.  R.  S.  Mead. 
EA.,  M.R.A.S.    ip. 


CoHiained  in  Bokn's  Libraries. 


19 


f  LUTABOB'S  Utm.  TMMlUied 
by  A.  StcKUT,  M.A.,  >nd  George 
Lone  H.A.   4  vols.   jr.  M.  each. 


Morals.      Ethical    Essays. 

"nDiiikted  bt  the  Rer.   A.   R. 

EOETKT  OT  AMEHKIA.     Se- 

laoUcu*  Irom  One  Hundred 
Amencan  PoeU,  &0111  1776  to 
1876.    By  W.  J.  Lioton.     31.  W. 

FOLITIOAJ.  CYCLOFAmA. 
A  Dlotjcmary  of  P<^ticKl,  Con- 
stitutional, Stalisllcal,  and  Fo- 
leosic  Knowledge ;  foiming  3. 
Woik  of  Releieoce  on  sut^ects  of 
Civ£  Administiation,  Political 
Economr,  Finance,  Commcfce, 
Laws,  and  Social  Relations.  4 
vols.     y.  fid.  each. 

POPE'S  Poenoal  WorkB.  Edited, 
with  copious  Notes,  kq>  Robert 
CanutberE.  'With  nnmeious  Uks- 
tiations.     2  vols.     51.  each. 

Eomer'B  ntod.      Edited    by 

the  Rev.  J.  S.  Watson,  M,A. 
lUnstiated  %  the  endie  Series  of 
Fbmraan's  Designs.    5^. 

Homw'B  OdjBMV.  widi  the 

Battle  of  Frc^  and  Mioe,  Hymns, 
&c.,  ly  other  translators.  Edited 
by  the  Rev.  J.  S.  Wataon,  KLA. 
With  the  entire  Series  of  Flax- 
■nan'a  Designi.    51. 

Life,   mdudmg  many  of  his 

Letters.  By  Ro&rt  Ouruthers. 
ITA  nmnerous  lUaaliatiaat.    Ji. 

PO-OSHKnira  Ptom  Tales;  The 
Captain's  Daughter — Doubrovsky 
—  The  Queen  of  Spades  — An 
Amatem  Peasant  Giil—Tlie  Shot 
—The  Snow  Storm— The  Post- 
master —  The  Coffin  Maker  — 
Kirdjali— The  E^tian  Nizbti— 
Peter  the  Great's  Negro.  Trans- 
lated br  T.  Keane.    3*.  W. 


FBBSCOTT*S  Oonqaeat  of 
Hazloa.  Copyright  editioo,  with 
the  BOtei  by  Ji^  Foster  Kirk, 
and  an  introduction  by  G.  P. 
Winship.     3  vols.     31.  bd.  eadi. 

CouqueBtofPeru.  Copyright 

edition,  nith  the  noles  of  Juin 
Foster  Kick.    2  vols.  31.  (>d.  each. 

Retgn   or   Fenmand  and 

liabellft.  Copyright  edition, 
with  Ifae  notes  of  JiAn  Foster 
Kirk.    3  vols.     y.  bd.  each. 

PBOPBBTlnB.  Translated  by 
Rev.  P.  J.  F.  Gantillon,  M.A., 
and  accompanied  by  Poetical 
VeitionB,   from   various  sources. 

PBOTl!RBB,^kadbook  of.  Con- 
taining an  entire  Republication 
of  Ra/s  Colkftion  of  English 
Proverbs,  with  bis  additions  from 
Forosn  Lan^iaees  and  a  com- 
plete Al[^abetical  Index;  in  which 
are  introdaced  large  additions  as 
well  of  Proverbs  as  of  Sayings, 
Sentences,  Maxims,  and  Phrases, 
collected  by  H.  G.  Bohn.     51. 

PROTXBBS,  A  Polyslot  ol 
Fonrign.  Comprisii^  French, 
Italian,  Gemuui,  Dutch,  Spanish, 
Portuguese,  and  Danish.  With 
English  Tianslatioas  &  a  General 
Indei  by  H.  G.  Boha.    51. 

POTTERT  AND  POHOEI^ilN, 
and  other  Objects  of  Vertu.  Com' 
prising  an  Tilustialed  CaUl(«ue  of 
the  ^mal  Collection  of  Works 
(rf  Art,  with  the  prices  at  winch 
they  were  sold  by  auction,  and 
names  ^  the  possessors.  To  which 
are  added,  an  Introductory  Lecture 
on  Pottery  and  Porcelain,  and  an 
Ennaved  List  of  all  the  known 
Marks  and  Monograms.  ByHenry 
G.  Bohn.  With  numerous  Wood 
Engravings,  51. ;  01  with  Coloured 
Illustrations,  tor.  td, 

FBOirrS(I^Qier)IteIlqTiea.  Col- 
lected and  arranged  by  Rev.  F. 
Mahony.  New  issue,  with  31 
Etchings  by  D.  Maclise,  R.A. 
Nearly  600  pages.     " 


D,j„..;uL,  Cookie 


Afi  Alphabetical  List  of  Books 


QUINTILIAN'S  Iiiatltat«9  Ol 
Oratorr.  or  Education  of  an 
OialoT.  Translated  by  the  Rev. 
J.  S.  Watson,  M.A.    2  vols.     51 

BAGtNB'S  (Jean)  DramBtlo 
Workji.  A  metrical  English  ver- 
sion. By  R.  Bnice  Boswell,  M.A. 
OxoQ.     z  vols.     y.  fid.  each. 

RANEE'S  History  of  tha  Popea, 
their  Church  and  State,  and  espe- 
cially of  their  ConBicts  with  Fra- 
tesIantisTD  in  the  iStH  and  17th 
centuries.  Translated  by  E. 
Foster.    3  vols.    y.  6rf,  eadi. 

History  of  Serrla  and  Uu 

SarvlMi  Berolutlon.  With  an 
Account  of  the  Insurrection  in 
Bosnia.  Translated  by  Mrs.  Kerr. 

REORE^ATIONS  InSHOOTIHa. 

By 'Craven.*  With  62  Engravings 
on  Wood  after  Harvey,  and  9 
Engpravings  on  Steel,  ctueBy  after 
A.  Cooper,  R.A.     %s. 

B&NHIE'S  Iiueot  Anhltaoture. 
Revised  and  enlarged  by  Rev. 
J.  G.  Wood,  M.A.  With  i36 
Woodcut  Illustrations.    5^. 

RSTNOLD'S  {Sir  J.)  LItenry 
Worka.  Edited byH.W.Beechy. 
3  vols.     31.  fid.  each. 

RIOABDO  on  the  Frinolplu  of 
PollUoal  £oonom;  and  T&xa- 
Uon,  Edited  byE.C.K.  Conner, 
M.A.    5j. 

RICHTER  ( Jo&n  Paul  Trledrioh). 
Layana,  a  Treatise  on  EMucntioo; 
tt^ther  with  the  Autobiography 
(a  Fragment),  and  a  short  Pre- 
fetory  Memoir.      31.  fuL 

Flower,  Pnilt,   and   Thorn 

Places,  or  the  Wedded  Life.  Death, 
and  Marriage  of  Fiimian  Stanis- 
laus Siebeokaes,  Parish  Advocate 
in  the  Parish  of  Kuhichnapptel. 
Newly  translated  by  Lt.-Col.Alex. 
Ewing.     y,  tcU 


ROOBR  BE  HOTXDEM'S  An- 


and  of  other  Countriet  of  Europe 

from  A.D.  732  to  A.D.  1201. 
Translated  by  H.  T.  Riley,  M.A.  . 

3  vols.    5i>  each.  | 

ROOER  or  WEKDOTER'S 
Flowora  of  History,  compiuii^  I 

the  History  of  England  from  the 
Descent  of  the  Saions  to  A.D. 
ri35,formerIyascribed  to  Matthew 
Pans.  TranslatedbyJ.  A.  Giles, 
D.C.L.     3  vols.    51.  each, 

ROUE  In  the  NINEI^ENTH  ' 

OENTUSY.  Containing  a  com. 
ptete  Account  of  the  Ruins  of  the 
Andent  City,  the  Remains  of  the 
Middle  Ages,  and  the  Monuments 
of  Modem  Times.  ByC.A.Eaton. 
With  34  Steel  Engravings.  3  vols. 
51.  each.  ^ 

See  Bi;rn  and  Dvbr.  ' 

ROSaOK'S  (W.)  Lift  and  PonU. 
fioate  of  Leo  Z.  Final  edition, 
revised  by  Thomas  Roscoe.  2 
vols.    y.  fid.  each. 

Ufa  of  LoMDzo  de*  Medld, 

called  'the  Magnificent.'  Wth 
his    poems,    letters,   die.       loth  \ 

Edition,  revised,  with  Memoir  of  | 

Roscoe  by  his  Son.     y.  6d. 

RUSSIA.  History  of,  from  the 
earliest  Period,  compiled  from 
the  most  authentic  sources  by 
Walter  K.  Kelly.  With  Portraits. 
2  vols.    3J.  6d.  each.  | 

SALLnST,  FLORUS,  and  TEL-  ! 

LEIXT8      PATERCULnS.  I 

Translated  by  J.  S.Wataon,  M.A.  1 


SOHm.ER'3  Worki.   Translated 
by  various  hands,    7  vols.    31.  6d, 


D,j„..;uL,  Cookie 


Contained  in  Bohns  Libraries. 


ScHtiXBK's  Works  caniintitd. 
I1-— History  of  the  Revolt  in  the 
Netherlands,  the  Trials  of 
Connts  EgmonC  and  Horn, 
the  Siege  of  Antwerp,  aod 
the  D  isturbaoces  in  France 

Seceding   tb«    Reien  of 
eorylV. 
III.— Don   Culos,   Mai7  Stnait, 
Maid  of  Orleans,  Bride  of 
Messina,  togettier  with  the 
Use   of   the    Cfaorui    in 
Tragedy  (a  short  Essay). 
These  Dramas  are  all 
translated  in  metre. 
IV,~Robbera    ( with     Schiller's 
original  Preface),  Fiesco, 
Love  and   Intrigue,   De- 
metrius, Ghost  Seer,  Sport 
of  Divinity. 

The    Dramas    in    this 
volume  are  translated  into 
Prose, 
v.— Poems. 

VI . — Essays ,  ^slhetical  and  Philo- 
sophical 
Vn.— Wallenstein's    Camp,    Pie- 
colomini   and    Death   of 
Wallenstein,WmiamTell. 
SCHILLUR  and  aOBTHB. 
Ctsreqwndenoe  betwMn,  liom 
A.D.   1794-1805.     Translated  by 
L.  Dora  Schmiti.    3  vols.   3x.  6d. 

SOHLEaEL'S  (r.)  XieotuTM  on 
the  PhllOBophy  of  Ufa  and  the 
Fhlloaopby  of  Language.  Trans- 
lated by  the  Rev.  A.  J.  W.  Mor- 
rison, M.A,     31.  &/. 

Leotures  on  the  Hlatory  of 

Literature,  Ancient  and  Modem. 
Transla,tedftomiheGerman.3J.6<i. 

Leotorei  on  the  PUlowphy 

of  History,  Translated  by  J.  B. 
RobertKHi.     31;  id, 

SCHLsaSL'S  Leotures  on 
Modem  HUtory,  together  with 
the  Lectures  entitled  Cwsai  and 


Alexander,  and  The  Bc^nning  of 
our  History.  Translated  Iw  L. 
Parcell  and  R.  H.  Whiletoclt. 
3».  6rf. 

.Sistlietio  and  IDsodlBLneona 

Worka.  Translated  by  K  I. 
Millington.    31.  6rf. 

SOHLHaEL  (A.  W.)  Leotures 
on  Dramatic  Art  and  Literature. 
Translated  by  J,  Black.  Revised 
Edition,  by  the  Rev.  A.  J.  W. 
Morrison,  M.A.     p.  6d. 

SCHOFENHAUBB  on  the  Four- 
fold Root  of  the  Prlnolple  of 
SuiBolsnt  Reason,  and  On  the 
Will  In  Nature.  Translated  l^ 
Madame  Hillebrand.     51. 

BBeaya.  Selected  and  Trans- 
lated. With  a  Biceraphical  Intro- 
duction and  Sketch  of  his  Philo- 
sophy, by  E.  Bellbrt  Bai.     51. 

SCHOTTW'S  SartlL,  Planta,  and 
Iton.  Translated  by  A.  Henftey. 
With  coloured  Map  of  the  Geo- 
graphy of  Plants.     51. 

SCHUBIAITN  (Robert).  His  Life 
and  Works,  by  August  Reissmann. 
Translated  by  A.  L.  Alger.   3s.  6d. 


by  May  Herbert.  With  a  Preface 
by  Sir  Geoiee  Grove,  D.C>L. 
31.  6rf. 


Minor  Essays  and  On  Clem- 
ency. Translated  by  A.  Stewart, 
M.A.     5j. 

SHAKE  SPEABE      DOCU- 

MEHTa.  Arranged  by  D.  H. 
Lambert,  B.A.     y.  6d. 

SHAKESPEARE'S  Drunatio 

Art.  The  History  and  Character 
of  Shakespeare's  Plays.  By  Dr. 
Hermann  Ulrici.  Translated  t^ 
L.  Dora  Schmiti.    a  vols.   3^.  &f. 


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An  Alphabetical  List  of  Books 


SHAXXSPBABX  (WllUftm).  A 
literuy  Biomphj'  by  Karl  Elie, 
PI>.D.,  LLJD.  TnnslUed  bjr 
L,  Dora  Schmiti.     S^. 

SHASPE  (S.)  Tbe  HlBtOir  Of 
EgTPt,  from  the  Eailieat  limes 
till  the  Conquest  by  the  Arabs, 
A.D.  640.  By  Ssmoel  Sbupe. 
%  Maps  kbA  upwards  of  400  lUns- 
tnitive  Woodcuti.  9  v6i».  y,  each. 

SHERIDAirS  Dnmwtla  WorkB, 
Complete.    With  Life  by  G.  G.  S. 

y.6d. 

SISMONDrs  matxHT  ol  tha 
LKenttoTC    of   Um    BoaUi    01 

Europe.  Translated  by  Thomas 
Roecoe.    3  vols.    3J'.  6d.  c«di, 

STWONTMS  and  ANTONYMS, 
01  Elndred  Worda  and  theit 
Opposlto«,  Collected  and  Con- 
trasled by  Ven.  C.J.Smith,  M.A, 
Kerised  Edition.     51. 

SYNONYMS  DISORIMI- 
NATED.       A    Dictionary    of 

Synonymous  Woids  io  the  Eng- 
lish Ijuiguage,  sbomng  the 
Accurate  ugnificalion  of  words 
of  similBi  meaning.  Illustrated 
with  Quotations  btaa  Standard 
Writers.  With  the  Author's 
latest  Corrections  and  Additions. 
Edited  by  the  Rev.  H.  Percy 
Smith,  M.A.,  of  BaUiol  Colleee, 
Oxford.    6t. 

SMITH'S  (Adam)  The  Wealth  of 
Nations.  Edited  by  E.  Belfort 
Bax.    2  vols.     31.  6^.  each. 

Theory  of  Moral  Sentlmeiita ; 

with  his  Essay  on  *e  First  For- 
mation of  Languages ;  to  which  is 
added  a  Memoir  of  the  Author  by 
Dugald  StewBjt.    3;.  td. 

SMYTH'S  (ProfeaEDT)  Leotnres 
□n  Modem  BMory;  from  (he 
Irruption  of  the  Northern  Nations 
to  the  close  of  the  American  Re- 
Tolation.     a  vols.    31.  6d.  each. 


SMYTH'S  (ProfeBBOT)  Leotorss 
on  the  French  ReTolnOcm. 
2  ToU.    31.  6d.  ead). 


SMOLLETT'S  Adivatiuea  ol 
Rodertok  Random.  With  short 
MeBiok  and  Bibtit^ntphy,  and 
Cruikshauk'sIUasttations.   y.6d. 

Adveutaras  ol  Pereeriita 

FloUe.  in  which  are  included  the 
Memoirs  of  a  Lady  of  Quality. 
Wid)  BiblJ0fr«pl>y  >uid  Cniilc- 
shank's  I  Uujtnliaas.  iTols.  31.60^ 

'-~-  Tha  Bzpedltloa  of  Hnm- 
phiyCUnker.  With  Bibliography 

and  Ctuikdtaok's  lUustratiotts. 
is.  6d. 

SOOHATES  (Eumamed  'Soholoo- 
Ugiib').  TheBoolealaatloalHls- 
U>ryo((A.D.  305-445).  Translated 
from  the  Greek.     51. 

SOPHOOLES,  The  Tragedies  of. 
A  New  FroM  Trandatkui,  with 
Meaiak,  Notes,  Ac,  by  E.  P. 
Coleridge.     Jl 

SOTTTHBY'S  Lift)  of  Kdaon. 
With  Facsimiles  (A  Netson's  writ- 
ing, Portraits,  Flans,  and  upwards 
of  50  EngiavHies  on  Steel  and 
Wood.    Si. 

life  of  W«Bla7,  and  the  Rise 

and  Progress  of  Mediodism.     51, 

RtAert  Soathey.    The  Story 

of  his  Life  written  in  his  Letters. 
With  an  Introdoctioa,  Edited  try 
John  Dennis,     y,  id. 

SOZOUEN'S  EocdeBlBBtloal  HIb- 
tory.  Comprising  a  History  ot 
the  CliBich  from  A-D.  324-44o> 
Translated  from  the  Greek.  To- 
gether with  the  Ecclesiastical 
History  of  PHiLOSToaGius,  as 
epitomised  by  Photius.  Ttsns- 
Uted  from  the  Greek  by  Rev.  E, 
Walford,  H.A.     ' 


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SPIHOZA'B  OHIef  Wm^.  Trans- 
lated, with  Introduction,  bjr  R.H.M. 
Elwes.    z  vols.    51.  e>di. 

STANLETS  Olasdllled  SynopBlB 
of  tbe  Principal  Falnteia  of  the 
Dnteh  and  Tlemlsh  Sobools. 
By  George  Stanley.     $/. 

STABXJNQ'S  (MlM)N<>blaDeed« 
of  Womaaj  or,  Eum^ea  of 
Female  Courage.  Fortitude,  and 
Virtue.     Wth    14  Steel  Engrav 

STAUNTON'S  Oheaa-Playar'B 
Haodbook.  A  Popular  and  Scien- 
tific IntrodnctiiM  to  the  Game. 
Witb  numeroDi  Diagrams,     y. 

Cbeai  FrazlB.    A  Supplement 

to  tbe  Chess- player's  Handbook. 
Containii^  the  most  hnpottant 
modern  improvements  in  the  Opeo- 
ines ;  Code  of  Chess  I^ns ;  and 
a  Selection  of  Morphy"!  Games. 
Annotated.     ^. 

ObeM-pUTflv**  Oompanlon, 

Compriang  a  Treatise  on  Odds, 
CoUecti(Hi  of  Match  Games,  and  a 
SdectioD  of  Original  Problems.  51. 

Otisu  Tonmamant  of  1861. 

A  CoDecCion  of  Games  played  at 
this  celebrated  assemblage.  Witb 
iDlroduction  and  Notes,    v- 


Heaton,  F.C.S.     With 
Woodcuts.     New  Edition,  revised 
throughout,     y, 

fiTRASO'S  a«ographr.  Trans- 
lated by  W.  Falconer,  U.K., 
and   H.   C.  Hamilton.      3  vols. 

STRICKLAND'S  (Agoea)  Liven 
of  tho  Queens  of  Bngland,  from 
the  Nonnan  Conquest.  Revised 
Edition.  Witb  6  Portraits,  6  vols. 
51.  each. 


BTKICKI^ND'S  Ufa  of  Uary 
Queen  of  BootB.  2  vols.  57.  each. 

LlTsa  of  the  Tudor  and  Stnart 

PrinoeMSB.    With  Portraits.     5;. 
snjAKT  and  RBTETT'S  Anti- 
quities of  Atliens,  and    otbcr 
Monuments  of  Greece ;  to  which 
is  added,  a  Glossary  of  Terms  used 
in  Grecian  Archhectiue.    Witb  7 1 
Plates   engraved    on    Steel,   and 
numerous  Woodcut  Capitals.    5^. 
SUSTONZUS'LlyeBoftheTwBlve 
Onaan  and  Lives  of  the  Oram- 
marlana.     The    translatian    of 
Thomson,  revised  by  T.  Forester. 
SI- 
SWIFT'S   Ftom  Worki.    Edited 
by  Temple  Scott     With  a  Bio- 
graphical Introdnction  by  the  Right 
Hon.   W.    E.    H.   Lecky.   M.P. 
Witb    Portraits    and    Facshnlles. 
1 2  vols.     31.  6<l.  each. 
iVols.I.-yf.&-  Vm.-X.reatfy. 
I— A  Tale  of  a  Tub,  The  Battle 
of  the  Books,  and  other 
early  works.      Edited  by 
Temple   Scott,      With  a 
Biographical  Introdoction 
by      the     Right      Hon. 
W.  K  H.  Lecky,  M,P. 
11.— The  Journal  to  Stella.  Edited 
Inr  Frederick  Ryhuld.M.A. 
With  I  Portraits  of  Stella, 
and  a  Facsimile  of  one  of 
the  Letters. 
III.&  IV.— Writings  on  Religion  and 
the  Church.      Edited  by 
Temple  Scott, 
v.— Historical   and    PoUtical 
Tracts  (English).     Edited 
by  Temple  Scott. 
vr.— The  Drapier's   Letters. 
With  facsimiles  of  Wood's 
Coinage,  &c.     Edited  by 
Temple  Scott. 
VII.— Historical     and      Polilieal 
Tracts  (Irish). 

\Tnlhipnss. 

D,j„..;uL,Coo^k"- 


24 


An  Alphabetical  List  of  Books 


Swift's  Fkosb  Wokks  cetttinutd, 
Vin.— Gulliret".  TraveU.     Edited 
by  G.  R.  Dennis.     With 
Fortiut  And  Mipi. 
IX.— Contribntions    to  the   'Ex- 
aminer,' 'T»tler,'   'Spec- 
talor,'   &C.      Edited    by 
Temple  Scott. 
X.— Hinorieal  Wriiings.  Edited 

by  Teraple  SeotL 
XL— Uteraiy  Euayi. 

[/«  preparation. 
XII,— Index  »nd  Biblii^aphy. 

{In  pnparalifn. 
STOWE  (Mn.H.B.)UiioIeTom'i 
Cabin,  o[  Ijfe  among  the  Lowty. 
With    Inlrodnctory   Remarkt  by 
Rev.  J.   Sherman.    With  8  full- 
page  IlluEtrations.     3^.  id. 
TAGITDB.   The  'Work!  of.   liter- 
ally translated,     a  vols.    51.  each. 
IAIi£S  OF  TS3S  a£NII;  or,  the 
Delightful  Lessons  of  Horam,  the 
Son  of  Asmar.     Translated  from 
the  Persian  by  Sir  Charles  Morell. 
Numerous  Woodcuts  and  tz  Steel 
Engravings,     y, 
TASSO'5  Jerasalem  DOUTsred. 
Translated  into  English  Spenserian 
Verse  by  ] .  H.  Wiffen.     With  8 
Engravings  on  Steel  and  24  Wood' 
cuts  by  Thurston.     51. 
TATLOB'S    (BUhop    JaMmy ) 
Holy  Uvlng  and   Dying,  with 
Prayers  containing  the  Whole  Duly 
of  a  Christian  and  the  parts  of  De- 
votion fitted  to  all  Occasions  and 
furnished  for  all  Necessities.  31. 6</. 
TEN  BRINK— 5«  Bbink. 
TEBBNOS  and  PH^DRXTS. 
Litetally  transited  by  H.  T.  Riley, 
M.A,    Towhichisadded,  Smart's 
Mbtr  icai, Version  of  Ph.«drus  . 

THEOCRITUS.  BION,  MOB- 
OHUS,  and  TTRT^US.  Litei- 
ally  uuuUted   by  the    Rev.  J. 


Banks,  M.A.  To  which  aie  ap- 
pended ihe  Metrical  Versions  of 
Chapman.     51. 

TKBODORET  and  EYAaBHTS. 
Histories  of  the  Church  from  A.i>. 
332  to  A.D.  427 ;  and  from  a.i>. 
43 1  to  A.  D.  544.  Translated  from 
the  Greek.     51. 

TBIXRRT'S  History  of  the 
Oonqueet  of  England  b^  the 
Normani;  its  Causes,  and  its 
Consequences  in  England,  Scot- 
land, Ireland,  and  the  Continent. 
Translated  t^  WilUam  Hailitt. 
3  vols.    3;.  6d.  each. 

THUOYDIDES.  The  Falopon- 
nealan  War.  Literally  translated 
by  Ibe  Rev.  H.  Dale,  a  vols. 
31.  (fd.  each. 

An  AnalyslB  and  Bummazj 

of.  With  Chionolodcal  Table  of 
Events,*c  By  J.  T.Wheeler,  51. 

THUDIOHUM  (J.  L.  W.)  A  T»a- 
Um  on  Vnnes:  their  Origin, 
Nature,  and  Varieties.  With  Prac- 
tical Directions  for  Viticulture  and 
Vinification.  By  J,  L.  W.  Ilmdi- 
ehuin.  M.D.,  F.R,C.P.  (Lond.). 
Illustrated.     51. 

URB'S  fDr.  A.)  Cotton  MamifWo- 
tnre  of  amt  Britain,  syateoiati. 
caUy  investigated.  Revised  Edit, 
by  P.  L.  Simmonds.  With  15a 
original  Illustrations.    2  vols.   y. 

PhlloBoptiyofHann&otnna. 

Revised  Edition,  l>y  P.  L.  Sim- 

monds.  With  numerous  Figures. 
Doublevolume.     Ji.  6d. 

TABABI'S  Lives  of  the  most 
Eminent  Painters.  Sonlptors, 
and  ArohiteatB.  Translated  by 
Mis.  J.  Foster,  with  a  Commen- 
tary by  J.  P.  Richtet,  Pb.D.  6 
vols.     3r.  6d.  each. 

YIItaiL.     A  Literal  Prose  Trans- 
lation   by  A.    Hamilton    Bryce, 
LLD..  F.R."  "    "'■  ■  " 
3t.6d. 


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TOLTAIBE'S  lUea.    Tnnskted 

b^  R.  B.  Boawell.  Vol.  I.,  con- 
Uinii^  Bebouc,  Memooa,  Can- 
dide,  Ii'Ing^nu,  and  olhei:  Tales. 
31.  &/. 

WALTON'S  Complete  Angler, 
01  the  Contemplative  Man's  Re- 
creation, by  Inak  Walton  and 
Chailes  Cotton.  Edited  by  Ed- 
ward Jesse.  To  which  is  added 
an  account  of  FishlD);  Stations, 
Tackle,  &c.,  by  Henry  G.  Bohn, 
With  Portrait  and  203  Engiavings 
on  Wood  and  2G  Engravings  on 
Slcel.    ST. 

Uvea  ai  Donne,  Hooker,  Ao. 

New  Edition  revised  by  A.  H. 
BuUen,  with  a  Memoir  of  Izaak 

Walton  by  Wm.  Dowling,  With 
a  lUusl  radons.    51. 


WliLLINaTOH.Lifoor.  By 'An 
Old  Soldier.'  Froni  the  materials 
ot  Maxwell.  With  Index  and  18 
Steel  Engravings.     51. 

TloUnrlM  of.   Su  Maxwbix. 

WBBNZIt'S  Templsri  In 
Crprtu.  Translated  by  E.  A.  M. 
Lewis.    31.  61/. 

WEBTHOFP  (H.  U.)  A  Hand- 
book  of  ArohEeology,  Egyptian, 
Oreek,  Stnucaji,  Haman.  By 
II.  M.  Westiopp.  2nd  Edition, 
revised.  With  very 
Illustrations.      Jj. 


WHITB'S  Natural  Hl>tonr  of 
Selbome,  with  Observations  on 
various  Parts  of  Nature,  and  the 
Naturalists' Calendar.  With  Notes 
by  Sir  William  Jardine.  Ediled 
by  Edward  Jesse.  Wlh  40  Por- 
traits and  coloured  Plate*.     51. 


WHZ  ATLMTS  A  BaUonoI  lUiu- 
tmUon  of  tha  Book  of  Common 
Prayer.     31.  W. 

WUJUEliER'S  Noted  Names  of 
Flotlon,  Dlotlodary  of.  Indnd- 
ing  also  Familiar  Pseudonyms, 
Surnames  bestowed  on  Eminent 
Men,  and  Analogous  Popular  Ap- 
pellations olten  referieJ  to  m 
Literature  and  Conversation.  By 
W.  A.  Wheeler,  M.A.    51. 

WIESELER'S  Obronologioal 
Synopsla  of  the  Four  Goapela. 
Translated  by  the  Rev.  Canon 
Veaables.     31.  bd. 

WILLIAM  of  MALMESBUBTS 
Chionlole  of  the  Kings  of  Eng- 
land, from  the  Earliest  Period 
to  the  Reign  of  King  Stephen. 
Translated  by  the  Rev.  J.  Sharpe. 
Edited  I7  J.  A.  Giles,  D.CL.  jj, 

XENOPHON^  Worki.  Trans- 
lated by  the  Rev.  J.  S.  Watson, 
M.A,  and  the  Rev.  H.  Dale.  In 
3  vols.     5;.  e«di. 

TOUNa  <Artl)ur}.  TnnU  In 
Franoa  daring  tlie  yeara  1787, 
1788.  and  1789.  Edited  by 
M.  Betham  Edwards.    31.  &/. 

Tour  In  Ireland,  with 

General  Observatioiu  on  the  stale 
of  the  country  during  the  years 
1776  -  79.  Edited  by  A.  W. 
Hntton.    With  Complete  Biblio- 


TDLE-TIDB  3TOSIES.  A  Col- 
lection of  Scandinavian  and  North- 
German  Popular  Tales  and  Tra- 
ditions, from  the  Swedish,  Danish, 
andOerman.  Edited  by  B.Thorpe. 


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THE  PROSE  WORKS  OF  JONATHAN  SWIFT.  Edited  by 
Temple  Scott.  With  an  Introducticn  by  the  Right  Hon.  W.  E.  H. 
Lecky,  M.P.     In  ii  volumes,  3j.  &/.  each. 

VoL  t.-~-'  A  T>le  ol  a  Tub,'  ■  The  Battle  of  the  Books,'  and  other 
eailv  works.  Edited  t?  Tempte  Scott.  With  iBtndaction  by  the 
Right  Hon.  W.  E.  II.  Lecky,  M.P.     Poitnit  and  Faesimilet. 

Vol.  IL— 'The  JouhmJ  to  Stella.'  Edited  by  F.  RyUnd,  M.A. 
With  a  Facsimile  Letter  and  two  Portraits  of  Stella. 

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Portfwt. 

Vol.  X.— Historical  Wrilings.  Edited  by  Temple  Scott.  With 
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PREScorrs  conquest  of  Mexico,    o^ri^t  edition, 

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John  Foster  Kirk.  With  an  iatiodaction  by  George  Parker  Winship. 
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GRAY'S  LETTERS.  Edited  by  Duncan  C.  Tovey,  M.A.,  Editor  of 
'Gray  and  bis  Friends,' &c.,  late  Clark  Lecturer  at  Trimly  Collie, 
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ANDREA  DEL  SARTO.     By  H.  GniNjrass.    and  Edition. 
DONATELLO-     By  Hope  Rea. 

GERARD  DOU.     By  Dr.  W.  Martin.     Translated  by  Ckra  Bell. 
GAUDENZIO  FERRARI.     By  Ethel  Halsey. 
FRANCIA.    By  Grorgb  C.  Williamson,  Litt.D,   ■ 
GIORGIONE.    By  Hrrbbbt  Cook,  M.A. 
GIOTTO.    By  F.  Mason  Perkins, 
FRANS  HALS.    By  Gerald  S.  Daviks,  M.A. 

BERNARDINO  LUINI.  By  George  C.  Williamson,  Litt.D.  md  Edition. 
LEONARDO  DA  VINCL     By  Edward  McCt7RDY,  M.A. 
MANTEGNA.     By  Mai;d  Cruttwell. 
MEMLINC.    By  W.  H.  James  Weale. 
MICHEL  ANGELO.      By  Lord  Ronald  Sittherland   Goweii.   M.A., 

PERUGINO.    %G.  C.  Williamson,  Litt.D. 

PIERO  DELLA  FRANCESCA.    By  W.  G.  Waters,  M.A. 

PINTORICCHIO.    By  Evelyn  March  Phillifps. 

RAPHAEL.    By  H.  Strachey.     *od  Edition. 

REMBRANDT.    By  Malcolm  Bell. 

LUCA  SIGNORELLI,    By  Maud  Crwttwbll.    znd  Edition. 

SODOMA.    By  the  Contbssa  Lorenzo  Priuli-Bon. 

TINTORETTO.     By  J,  B,  Stoughton  Holbork,  M.A. 

VELASQUEZ.    By  R.  A.  M.  Stevenson.    yA  Edition. 

WATTEAU.     By  Edocumbe  STAUtY,  B.A. 

WILKIE.    By  Lord  Ronald  StrniBRLAND  Gowbr,  M.A.,  F.S.A. 

EL  GRECO.     By  Manuel  B.  Cossio,  Litt.D.,  Ph.D. 
PAOLO  VERONESE.    By  Roger  E.  Fry. 
RUBENS.     By  Hope  Rea. 

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