Knowledge of the civil law will, likewise, be necessary for the orator whom we have described, and together with it knowledge of the customs and religion of the commonwealth of which he may take charge, for how shall he be able to give counsel in public and private deliberations if ignorant of the many things which happen together particularly to the establishment of the State? And must he not falsely aver himself to be the patron of the causes he undertakes, if obliged to borrow from another what is of greatest consequence in these causes, in some measure like those who repeat the writings of poets? And how will he accomplish what he has so undertaken if the things which he requires the judge to believe, he shall speak on the faith of another, and if he, the reputed helper of his clients, shall himself stand in need of the help of another?
THOROUGH INFORMATION INDISPENSABLE
But we will suppose him not reduced to this inconvenience, having studied his cause sufficiently at home, and having thoroughly informed himself of all that he has thought proper to lay before the judges: yet what shall become of him when unforeseen questions arise, which often are suddenly started on the back of pleadings? Will he not with great unseemliness look about him? Will he not ask the lower class of advocates how he shall behave? Can he be accurate in comprehending the things then whispered to him, when he is to speak on them instantly? Can he strongly affirm, or speak ingenuously for his clients? Grant that he may in his pleadings, but what shall be his fate in altercation, when he must have his answer ready and he has no time for receiving information? And what if a person learned in the law is not assisting? What if one who knows little of the matter tells him something that is wrong? And this is the greatest mischief in ignorance, to believe such a monitor intelligent.
Now, as we suppose the orator to be a particularly learned and honest man, when he has made sufficient study of that which naturally is best, it will give him little trouble if a lawyer dissents from him in opinion, since even they are admitted to be of different opinions among themselves. But if he desires to know their sentiments on any point of law, he need only read a little, which is the least laborious part of study. If many men who despaired of acquiring the necessary talents for speaking in public, have engaged in the study of law, with how much more ease will the orator effect this, which may be learned by those who from their own confession could not be orators?
M. Cato was as much distinguished by his great eloquence as by his great learning in the law. Scævola and Servius Sulpitius, both eminent lawyers, were also very eloquent. Cicero not only in pleading never appeared at a loss in knowledge of the law, but also began to write some tracts on it. From all these examples it appears that an orator may not less attend to the teaching than the learning of it.
THE MANNER OF THE SPEAKER
I would not have him who is to speak rise unconcerned, show no change of color, and betray no sense of danger,—if they do not happen naturally, they ought at least to be pretended. But this sense should proceed from solicitude for performing well our duty, not from a motive of fear; and we may decently betray emotion, but not faint away. The best remedy, therefore, for bashfulness, is a modest assurance, and however weak the forehead may be, it ought to be lifted up, and well it may by conscious merit.
THE NEED OF GOOD DELIVERY
There are natural aids, as specified before, which are improved by care, and these are the voice, lungs, a good presence, and graceful action, which are advantages sometimes so considerable as to beget a reputation for wit. Our age produced orators more copious than Trachallus, but when he spoke he seemed to surpass them all, so great was the advantage of his stature, the sprightliness of his glance, the majesty of his aspect, the beauty of his action, and a voice, not as Cicero desires it should be, but almost like that of tragedians, and surpassing all the tragedians I ever heard. I well remember that when he once pleaded in the Julian Hall before the first bench of judges, and there also, as usual, the four classes of judges were then sitting, and the whole place rang with noise, he was not only heard distinctly from the four benches, but also was applauded, which was a disparagement to those who spoke after him. But this is the accumulation of what can be wished for, and a happiness hard to be met with, and as it can not fall to every one's lot, let the orator strive at least to make himself heard by those before whom he speaks.