"The former part, 17then, since you have once declared it to be your pleasure, I will not refuse to finish off and complete, (how far I shall succeed you will best judge,) and shall show from what topics a speech must be furnished in order to effect these three objects which alone have power to persuade; namely, that the minds of the audience be conciliated, informed, and moved, for these are the three; but how they should be illustrated, there is one present who can instruct us all; one who first introduced this excellence into our practice, who principally improved it, who alone has brought it to perfection. For I think, Catulus, (and I will say this without any dread of a suspicion of flattery,) that there is no orator of our age, at all more eminent than ordinary, either Greek, or Roman, whom I have not heard often and attentively; and, therefore, if there is any ability in me, (as I may now presume to hope, since you, men of such talents, take so much trouble in giving me audience,) it arises from this, that no orator ever delivered anything in my hearing, which did not sink deeply into my memory; and I, such as I am, and as far as I have capacity to form a judgment, having heard all orators, without any hesitation decide and pronounce this, that none of them all had so many and such excellent accomplishments in speaking as are in Crassus. On which account, if you also are of the same opinion, it will not, as I think, be an unjust partition, if, when I shall have given birth and education and strength to this orator whom I am forming, as is my design, I deliver him to Crassus to be furnished with apparel and ornaments."
Crassus then said, "Do you rather, Antonius, go on as you have commenced; for it is unnatural for a good or liberal parent not to clothe and adorn him whom he has bred and brought up, especially as you cannot deny that you are wealthy enough. For what grace, what power, what spirit, what dignity was lacking in that orator, who at the close of a speech did not hesitate to call forth his accused client, though of consular rank, and to tear open his garment, and to expose to the judges the scars on the breast of the old commander? 18who also, when he defended a seditious madman, 19Sulpicius here being the accuser, did not hesitate to speak in favour of sedition itself, and to demonstrate, with the utmost power of language, that many popular insurrections are just, for which nobody could be accountable? adding that many seditions had occurred to the benefit of the commonwealth, as when the kings were expelled, and when the power of the tribunes was established; and that the sedition of Norbanus, proceeding from the grief of the citizens, and their hatred to Caepio, who had lost the army, could not possibly be restrained, and was blown up into a flame by a just indignation. Could this, so hazardous a topic, so unprecedented, so delicate, so new, be handled without an incredible force and power of eloquence? What shall I say of the compassion excited for Gnaeus Manlius, 20or that in favour of Quintus Rex? 21What of other innumerable instances, in which it was not that extraordinary acuteness, which everybody allows you, that was most conspicuous, but it was those very qualities which you now ascribe to me, that were always eminent and excellent in you."
"For my part," said Catulus, "what I am accustomed most to admire in you both, is, that while you are totally unlike each other in your manner of speaking, yet each of you speaks so well, that nothing seems either to have been denied you by nature, or not to have been bestowed on you by learning. You, therefore, Crassus, from your obliging disposition, will neither withhold from us the illustration of whatever may have been inadvertently or purposely omitted by Antonius; nor if you, Antonius, do not speak on every point, we shall think, not that you could not speak on it, but that you preferred that it should be treated by Crassus." Here Crassus said, "Do you rather, Antonius, omit those particulars which you have proposed to treat, and which no one here needs, namely, from what topics the statements made in pleadings are to be derived, which, though they would be treated by you in a new and excellent way, are in their nature very easy, and commonly set forth in books of rules; but show us those resources whence you draw that eloquence which you frequently exert, and always divinely." "I will indeed show you them," said Antonius; "and that I may the more easily obtain from you what I require, I will refuse you nothing that you ask. The supports of my whole eloquence, and that power of speaking which Crassus just now extolled to the skies, are, as I observed before, three processes; the first, that of conciliating my hearers; the second, that of instructing them; and the third, that of moving them. The first of these divisions requires mildness of address; the second penetration; the third energy; for it is impossible but that he, who is to determine a case in our favour, must either lean to our side from propensity of feeling, or be swayed by the arguments of our defence, or be forced by action upon his mind. But since that part, in which the opening of the case itself and the defence lie, seems to comprehend all that is laid down as doctrine on this head, I shall speak on that first, and say but few words; for I seem to have but few observations gained from experience, and imprinted as it were on my memory.
"We shall willingly consent to your judicious proposal, Crassus, to omit those defences for every sort of cases which the masters of rhetoric are accustomed to teach boys; and to open those sources whence all arguments for every case and speech are derived. For neither, as often as we have occasion to write any word, need the letters of that word be so often collected in our thoughts; nor, as often as we are to plead a case, need we turn to the separate arguments for that case; but we should have certain commonplaces which, like letters for forming a word, immediately occur to us to aid in stating a case. But these commonplaces can be of advantage only to that orator who is conversant in business, and has that experience which age at length brings with it: or one who has so much attention and power of thought as to anticipate age by study and diligence. For if you bring to me a man of ever so deep erudition, of ever so acute and subtle an intellect, or ever so ready an elocution, if he be a stranger to the customs of civil communities, to the examples, to the institutions, to the manners and inclinations of his fellow-citizens, the common-places from which arguments are drawn will be of little benefit to him. I must have a well-cultivated genius, like a field not once ploughed only, but again and again, with renewed and repeated tillage, so that it may produce better and larger crops; and the cultivation here required is experience, attentive hearing of other orators, reading, and writing.
"First, then, let him examine the nature of his case, which is never obscure so far as the inquiry 'whether a thing has been done or not;' or 'of what nature it is;' or 'what name it should receive;' and when this is ascertained, it immediately occurs, with the aid of natural good sense, and not of those artifices which teachers of rhetoric inculcate, 'what constitutes the case,' that is, the point without which there would be no controversy; then, 'what is the matter for trial,' which they direct you to ascertain in this manner: Opimius slew Gracchus: what constitutes the case? 'That he slew him for the good of the republic, when he had called the people to arms, in consequence of a decree of the senate.' Set this point aside, and there will be no question for trial. But Decius denies that such a deed could be authorized contrary to the laws. The point therefore to be tried will be, 'whether Opimius had authority to do so from the decree of the senate, for the good of the commonwealth.' These matters are indeed clear, and may be settled by common sense; but it remains to be considered what arguments, relative to the point for trial, ought to be advanced, as well by the accuser as by him who has undertaken the defence.
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