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make on the Practice of Eloquence in particular; and on its own principal Kinds, the Eloquence of the Bar, and of the Pulpit under which Heads we may confider the common Abuses, or Mistakes, in either refpect, together with the most proper Means of avoiding them in both.

RE

REFLEXIONS

UPON THE

ELOQUENCE

OF THE

BAR.

E

Loquence in general, feems to be comprized under two Characters, one of which is converfant about the Interests of State, the other about those of Religion, fo that the one may be ftyl'd Sacred, the other Profane, or Secular. But tho' the latter of thefe has a much wider Sphere than is commonly imagin'd, tho' it exercifes its Powers in the Field as well as in the Cabinet; tho' it reigns in the Affemblies of States, and prefides in the Councils of War, and commands in the Day of Battle, and has a larger Share in the Government of Kingdoms, and in the publick Ministry than the Minifters themselves; yet because in these privy Confultations, it is fo fecret and mysterious, that we cannot fully fearch out its Character, or regulate its Ufe; and because its only publick Appearance is at the Bar, I fhall confine my Reflexions on the Ufe and Practice of it to this Place, which is its principal Seat: And, under this Limitation, my Thoughts concerning its prefent Eftate are as follow.

I.

Cruda ad- In the Profeffion of the Law fcarce any bus ftudia Time is allotted to the Purfuits of Eloquence, in forum but that of Mens firft and youthful Studies; propellunt, which, for the most part, are either too hafty, qui pueri lutoo confus'd, or too fuperficial. The Greeks dunt in and Romans, befides the great Advantages they Scholis, ri- had by the Strength of their Genius, and their dentur in natural Capacity for fpeaking, made the Stuforo. Pe-dy of Eloquence the Bufinefs of their Lives:

tron.

They travell❜d abroad to hear the most celebrated Masters, and pafs'd a long Course of Exercise in forming themfelves upon thofe great Models, whofe Fame had drawn them from their Friends and Country: Nay, they fcarce applied themfelves to any Thing but what had fome Affinity with, or bore fome Afpect towards Eloquence. They bounded their Pleafure, their Hopes, their Fortune, and even their Ambition, within this Study, which was able to raise them to the highest Eminency of Honour and Greatnefs. Whereas the Youth of our Days, fo much inferior in Genius, and Difpofition, think, that the Reading of a Romance, or Comedy, may supply them with all the Eloquence neceffary to the Bar.

II.

Gentlemen who want neither Parts nor Application, are not yet Mafters of half the time that is requifite for the making and building up of an Orator. For befides the Civil, or Roman Law, in which they ought to be throughly vers'd, the Laws and Cuftoms of their own Country

alone

alone are of fo vaft an Extent, as not to be fully reach'd by the utmost Labour. Besides that we want thofe noble Encouragements which animated the Greeks and Romans: Among whom Eloquence feems therefore to have appear'd in all its Luftre, because it was the great Path to high Preferment, and even to favereign Dominion.

III.

Should we fuppofe all the Qualifications, that are needful to the Figure and Glory of Pleading, to meet in the fame Perfon, to be join'd with all the Perfeverance, Affiduity, and Stubbornefs of Application, and even to be fupported by the Views of Ambition and Intereft; yet ftill thofe little Forms and Peculiarities, to which he muft condefcend in the ftrict Rules of Practice, (fo dark and obfcure in many parts,) might be able to dry up his Vein of Wit, and to rob him of that Treafure of fine Senfe, which alone could furnish out the Idea of a great and masterly Dif courfe. This is a Fault that fhould be guarded against by a timely Anticipation of the Study of Eloquence, and by giving a right Turn to the Genius, before it is let loose to the Barbarity of Court-Terms. And yet those who are most careful, find a great Dif ficulty in avoiding the Unhappiness of which. we fpeak: The Mind being fo corrupted and impoifon'd with this evil Air, which it is under a neceffity of drawing in for its daily Occafions.

IV.

The Eloquence of the Bar is wont to pay too Cum ifti dicunt, non fervile a Compliance to the various Humours modò à in Language, and to thofe fantaftick Modes coronâ, which govern the Age, according to the diffequod ipfum rent Tastes that fucceffively prevail, and that eft miferabile; fed corrupt the Style by difguifing its native Beauetiam ab ty under falfe and far-fetch'd Ornaments. advocatis 'Twas thus it fuffer'd it felf, not many Years relinquan- fince, to be vainly embarrass'd with the long in Brut. Periods of the Port-Royal, which were in vogue for fome time, and which threatned its utter Ruin by a weak and unfinew'd length of Difcourfe. Indeed thefe had but a fhort Reign: The Fashion foon alter'd, and a better Tafte fucceeded. It must be confefs'd the Eloquence grandio- which is proper for the Bar requires a copious rem & ple

sur. Cic.

Subfellia

and diffus'd Manner. Yet fuch a Cumber of niorem vo- Words has now lost its faculty of pleafing, and cem defide- we are happily come again to a Love of what rant. Id. is real and folid. It is upon the fame Princi

ibid.

ples, that I cannot but dislike the Use of too frequent Divifions in a Speech; because they feem to enervate and exhauft it, by abridging its natural Scope and Liberty.

The too officious Care of being fo juft, fo regular, in a Difcourfe, is fometimes dangerous: 'Tis what may prove an Inconvenience on both sides, and be an equal Fatigue to the Speaker, and to the Hearer. If Men would avoid this Fault, they must not chain themfelves down to a Refolution of faying nothing but what is strictly accurate, especially upon Subjects