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

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

C

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

с

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

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

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

c Dicacitas pofita in hoc veluti jaculatione verborum, & inclufa breviter urbanitate. Q. 1. 6. c. 4.

Ante illud facete dictum bærere debet, quam cogitari poffe videatur. 2. de Orat. n. 219.

Omnia probabiliora funt, quæ la

ceffiti dicimus, quam quæ priores. Nam & ingenii celeritas major eft quæ apparet in refpondendo, & humanitatis eft refponfio. Videremur enim quieturi fuiffe, nifi effemas laceffiti. 2. de Orat. n. 230.

Quæfita, nec ex tempore ficta, fed domo allata, plerumque funt frigida. Orat. n. 89

d Catulus, dicenti Philippo, QUID LATRAS? FUREM, inquit, VIDEO. de Orat. n. 220.

e Opus eft imprimis ingenio veloci ac mobili, animo præfenti & acri. Non enim cogitandum, fed dicendum ftatim eft, & prope fub conatu adverfarii manus erigenda. Quint. 1. 6. c. 5.

they

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

If a lawyer is not allowed to ufe harsh and offenfive raillery, with how much more reafon ought he to abstain from grofs language? 8 This is an inhuman kind of pleasure, unworthy of a gentleman, and which muft neceffarily disgust a prudent auditor. Yet fome clients, often more follicitous to revenge than to defend themselves, extort this kind of eloquence from the orator; and are not pleased with him, if he does not dip his pen in the bittereft gall. But who is the lawyer, if he has any fentiments of honour or probity left, that would thus blindly gratify the fpleen and refentment of his client; become violent and paffionate at his nod, and make himself the unworthy minifter of another's foolifh rage, from a fordid fpirit of avarice, or a mistaken defire of glory?

V. Wife emulation remote from mean and low jealoufy.

No place, in my opinion, is more proper to excite and cherish a lively and prudent emulation than the bar. It is a great concourfe of people in whom the

f Hominibus facetis & dicacibus difficillimum eft habere hominum rationem & temporum, & ea quæ occurrant, cum falfiffime di i poffint, tenere. 2. de Orat. n. 221.

g Turpis voluptas, & inhumana, & nulli audientium bono grata; à litigatoribus quidem frequenter exigitur, qui ultionem malunt quam 3

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

moft

moft valuable qualities are united; as beauty and force of genius, delicacy of wit, folidity of judgment, a re. fined tafte, a vast extent of knowledge, and long experience. There we fee combats fought every day between famous champions, in the prefence of learned and judicious magiftrates, and amidst an extraordinary concourse of spectators, drawn thither by the importance of the affairs, and the reputation of the speakers. There eloquence exhibits herfelf in every fhape; in one, grave and ferious; in another, sprightly and gay; fometimes unprepared and negligent; at others, in her fineft attire, and arrayed with all her ornaments; diffufive or contracted, foft or strong, fublime and majestic, or more fimple and familiar, as caufes vary. Not a fingle word is there loft; no beauty, no defect, escape the attentive and intelligent auditors: and whilft the judges on one hand, with the scale in their hands, in the presence and in the name of supreme Juftice, determine the fate of private perfons; the public, on the other, in a tribunal no lefs inacceffible to favour, determine concerning the merit and reputation of lawyers, and pass a sentence, from which there is no appeal.

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

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

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

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

& favendo. Brut. n. 2, 3.

Sic duodecim poft meum confelatum annos in maximis caufis, cùm ego mihi illum, fibi me ile antefe ret, conjunctiflimè verfali fumus. Ibid. n. 223.

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

fhameful

fhameful of vices, the moft unworthy a man of honour, and the greatest enemy to fociety.

SA

SECTION IV.

OF THE ELOQUENCE OF THE PULPIT.

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

FIRST PART.

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

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

k De doctr. Chr. I. 4. n. 27.

I N.

39.

m N. 61.

I. DUTY