3See c. 47.
4Cicero, Brut. c. 7, says that some compositions were in circulation under the name of Pericles; and Quintilian, iii. 1, 12, looking to that observation of Cicero, tacitly assents to those who denied the genuineness of those compositions. See also Quint, x. 2, 22; 10, 49. Ellendt.
5That Alcibiades left nothing in writing, though he had great reputation as a speaker, seems to be rightly inferred by Ruhnken from Demosth. De Cor. c. 40. Thucydides is here mentioned among orators, on account of the orations which he inserted in his history. Ellendt.
6He wrote not only orations, which are mentioned by Dionys. Halicarn. de Lysia iud. c. 2, cf. de Isaeo, c. 2, by Phrynichus, ap. Phot, cod. 158, and by others, but also tragedies, elegies, and other works. That he was eloquent and learned we are told by Cicero, De Or. iii. 34, Brut. c. 7. Henrichsen. The remains of his writings were collected by Bach, 1827. Ellendt.
7The eloquence of Theramenes is mentioned by Cicero, iii. 16, Brut. c. 7. The writings which Suidas enumerates as being his were doubtless spurious. See Ruhnken, Hist. Crit. Or. Gr. p. xl. Ellendt.
8The words magister istorum omnium , which, though retained by Orellius, are pronounced spurious by Lambinus, Ernesti, Ruhnken, Schutz, and Ellendt, are left untranslated. 'They cannot be Cicero's words,' says Ellendt, 'even though they are found quoted by Nonius, p. 344.'
9Henrichsen and Ellendt read Philisci. Philistus, apparently, from the way in which he is mentioned in c. 13, has, as Ellendt observes, no place here. 'Philiscus of Miletus, a disciple of Isocrates (see Anon. Vit. Isocr.), and master of Timaeus the historian (see Suidas, under Philiscus and Timaeus), wrote a treatise on rhetoric, orations, and a life of Lycurgus, noticed by Olympiodorus in Comment. ad Plat. Gorg. and other works. See Ruhnken, Hist. Crit. Gr. Or. p. lxxxiii. Goell. de Situ et Orig. Syracus. p. 114.' Henrichsen.
10Naucrates, a native of Erythrae, called Isokratous hetairos by Dionysius Halicarnassensis, Rhet. vi. 1, was distinguished for the composition of funeral orations. He seems also to have written on rhetoric. See Cicero, De Orat. iii. 44; Brut. 51; Quintil. iii. 6, 3; also Taylor, Lectt. Lys. c. 3, p. 232; Ruhnk. Hist. Crit. Or. Gr. p. lxxxiv. Henrichsen.
11This is one of Virgil's directions to the farmer in the first Georgic, where he gives the reason for it, Quid, qui ne gravidis procumbat culmus aristis, Luxuriem segetum tenera depascit in herba, Cum primum sulcos sequant sata? - Georg. i. 114. And Pliny, l. 18: 'Luxuries segetum castigatur dente pecoris, in herba duntaxat, et depastae quidem vel saepius nullam in spica iniuriam sentiunt: ita iuvenilis ubertas et luxuries orationis stylo et assiduitate scribendi quasi absumitur et reprimitur.' B.
12 Magna offensio vel negligentiae, susceptis rebus, vel perfidiae, receptis . Recipere is used with a reference to others, by whom we allow some duty to be laid upon us; suscipere regards only ourselves. Ellendt.
13 Inertia . This passage puzzled Lambinus and others, who did not see how the reproach of inertia in an orator could be greater than that of tarditas, or stupidity. But inertia here signifies artis ignorantia, ignorance of his art, which is doubtless the greatest fault in an orator Verburg.
14Because he was then attached to the party of the Gracchi. Proust.
15A law of Lucius Apuleius Saturninus, tribune of the people, 102 B.C. It is also mentioned in c. 49, But neither the cause nor subject of it is at all known. Ellendt.
16 Superioris generis causa duplicatur . Ellendt explains these words thus: 'in the same cause, the allegations of the two parties are judged as two separate questions of the same kind. '
17Which shows what a speaker ought to say, and what is effective is persuading an audience. Proust.
18Martius Aquilius, who, after the termination of the servile war in Sicily, was brought to trial on a charge of extortion. As he was unwilling to entreat the pity of the judges, Antonius, who pleaded for him, tore open his tunic in front, and showed the scars of the honourable wounds which he had received in battle. He was acquitted. Livy, Epit. Proust.
19Norbanus the tribune. See note on c. 47. Ellendt.
20He was consul with Publius Rutilius, 105 B.C.; and having refused to unite his troops with those of Quintus Caepio, the proconsul, was defeated by the Cimbri, and lost his army. Livy, Ep. lxvii. For this miscarriage he was, with Caepio, brought to trial, and must have been defended by Antonius. Ellendt.
21Of the trial of Quintus Marcius Rex nothing is known. Ellendt.
22He was accused of having been bribed to bring Opimius to trial for having caused the death of Gaius Gracchus. See Smith's Dict. of Biog. and Mythol. Art. Decius, n. 4.
23Innumerable accusations may be brought against a person, as against Verres by Cicero; but the loci, common topics or grounds, on which the attack or defence will rest, (respecting, for instance, avarice, luxury, violence, treason,) will be but few. Ellendt.
24See i. 40.
25See i. 39.
26See i. 45; also iii. 33; ii 55; and De Legg. i. 3.
"This is indeed the end," continued Antonius, "of that part on which I just now entered; for it is now understood that all matters which admit of doubt are to be decided, not with reference to individuals, who are innumerable, or to occasions, which are infinitely various, but to general considerations, and the nature of things; that general considerations are not only limited in number, but very few; that those who are studious of speaking should embrace in their minds the subjects specific to the several departments of eloquence, arranged under general heads, as well as arrayed and adorned, I mean with thoughts and illustrations. These will, by their own force, beget words, which always seem to me to be elegant enough, if they are such that the subject seems to have suggested them. And if you ask the truth, (as far, that is, as it is apparent to me, for I can affirm nothing more than my own notions and opinions,) we ought to carry this preparatory stock of general questions and common-places into the forum with us; and not, when any case is brought before us, begin then to seek for topics from which we may draw our arguments; topics which, indeed, by all who have made them the subject of but moderate consideration, may be thoroughly prepared by means of study and practice; but the thoughts must still revert to those general heads and common-places to which I have so often alluded, and from which all arguments are drawn for every type of oratory. All that is required, whether it result from art, or observation, or practice, is but to know those parts of the field in which you may hunt for, and trace out, what you wish to find; for when you have embraced in your thoughts the whole of any topic, if you are but well practised in the treatment of subjects, nothing will escape you, and every circumstance material to the question will occur and suggest itself to you.
"Since, then, in speaking, three things are requisite for finding argument; genius, method, (which, if we please, we may call art,) and diligence, I cannot but assign the chief place to genius; yet diligence can raise even genius itself out of dullness; diligence, I say, which, as it avails in all things, is also of the utmost moment in pleading cases. Diligence is to be particularly cultivated by us; it is to be constantly exerted; it is capable of achieving almost everything. That a case is thoroughly understood, as I said at first, is owing to diligence; that we listen to our adversary attentively, and possess ourselves, not only of his thoughts, but even of his every word; that we observe all the motions of his countenance, which generally indicate the workings of the mind, is owing to diligence; [but to do this covertly, that he may not seem to derive any advantage to himself, is the part of prudence ;] 1that the mind ponders on those topics which I shall soon mention, that it insinuates itself thoroughly into the case, that it fixes itself on it with care and attention, is owing to diligence; that it applies the memory like a torch to all these matters, as well as the tone of voice and power of delivery, is owing to diligence. Between genius and diligence there is very little room left for art; art only shows you where to look, and where that lies which you want to find; all the rest depends on care, attention, consideration, vigilance, assiduity, industry; all which I include in that one word which I hare so often repeated, diligence; a single virtue, in which all other virtues are comprehended. For we see how the philosophers abound in copiousness of language, who, as I think, (but you, Catulus, know these matters better,) lay down no precepts of eloquence, and yet do not, on that account, any less undertake to speak with fullness and fluency on whatever subject is proposed to them."
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