courfe, and ferve only to tire out the Patience of the Judges, and to give them a disgust to all that comes after, tho' poffibly, Good and Commendable.

The younger Pleaders are most liable to this Error: They go about, because they have not Force enough to enter, by the nearest Way,into their Subject. It would be a confiderable Piece of Service to them, if we could engage them to rid themselves of that Train and Fardel of Words that is fuch a Contradiction to good Senfe, and fo Diftaftful, and even Infupportable, to the Intelligent. When a Speech feems to drag upon the Ground with this Length of childish Amplifications, it becomes languid and impertinent, it fets the reverend Judges a nodding, and is a very ftrong Opiate for the Bench.

X I.

Another Fault of Youth, is a Defire of appearing Bright and Sparkling in all that one fays. True Eloquence is never fond of this vain Luftre, which ferves only to dazle the Eyes of the Mind. He that is fo happy as to be Master of any Ray of good Sense, defires to ufe it in ftriking the Heart; because nothing can throughly convince the Understanding, but what at the fame time engages the Affections. Whereas, he that would always be furprizing, will always be difappointed. Thefe fhining Periods have little Force to Perfuade, and ferve only to relieve the Thoughts of the Judges, after the Fatigue of a long Hearing.

XII.

Men do not take fufficient Care of their out- Eft actio ward Address, so as to Frame and Manage it quafi quæby proper Action, agreeably to the Rules dam corporis elowhich Quintilian has laid down.

tur, recta

quentia. And yet 'tis this Action, that Tully calls the Cic.Orat. Eloquence of the Body; the Perfection of which, Geftus ad confifts in the Gefture and the Pronunciation. Vocem,VulThe Reason of their Negligence feems to be, tus ad geftum acthat they don't fully apprehend the Weight and commodeNeceffity of this Part; of which the above-named Master has given fuch excellent Precepts. fint braAriftotle and Cicero, believing this to be the chia, ne pure Gift of Nature, and not reducible to Art ftica, ne or Method, went no farther than barely to re- Status inpresent the great Confequence of it, in feveral decorus, ne Places of their Works. And indeed the Pro- caput ocu

manus ru

nunciation is of fo peculiar Importance, that liq; ab alia corporis none can neglect it, without abandoning the inclinatichief Strength and Beauty of Eloquence. 'Tis one diffithis, which chiefly Governs and Reigns in a deant, &c. Difcourfe; which is its very Life and Soul, Quint.j which contributes fo largely to its Force, and compofes all its Grace. The Art of Oratory is never fo Great and Potent by the Things that are faid, as by the Manner of faying them. Its leading Excellence confifts in the Delivery; and 'tis by this it maintains its Empire over the Hearts of Men.

The great Talent of Hortenfius, and that which enabled him to difpute the Prize with Cicero, upon equal Terms, was nothing elfe but the wonderful Genius he had for Action. He was indeed fuch a Pattern, for his warm and affectionate manner of Speech, that Rofeins and Afop, the two famed Comedians of

E 2

that

In Brut.

that Age, went constantly to hear him, and to learn their own Art from his Pleadings. But whilft the Gentlemen of the long Robe are fo unconcern'd about the forming themselves to Action, and have fo very little regard to the whole external Behaviour, we are not to wonder, if we fee no Remains of that Eloquence which perform'd fo prodigious Works in the Times of Demofthenes and Cicero: Because these Mafters, by their Ardor and Vehemence of Speaking, endeavour'd really to exprefs in themselves, the fame Paffions which they defir'd to raise in their Hearers. But yet there is a due Temper to be obferv'd in this Affair. For we have not wanted an Inftance of a very celebrated Advocate, who gave Weight to all his Reasons by the Force and Heat with which he animated his Difcourfes: and yet this Heat was fo very ill manag'd, that he fpoilt the whole Grace of his Action by his Defire of appearing over Paffionate. When the Fire was once got up into his Head, he could not fo much as be understood by his Audience; his Rage and Tranfport had fo diforder'd his Pronunciation. Others again, are as much too Cold, as he was too Warm; fuch, as in Matters of the highest Importance want even that Affection that is neceffary to Win and Engage their Judges; who upon great Subjects will not be moved but by great Springs.

An Orator never touches others, unless he is touch'd in his own Heart; and he ought firft to feel all the Impreffions that he defigns to make. We might apply to fuch a languid Declaimer, the fmart Question of Cicero to Callidius, who deliver'd fome very fevere Things with a very carelefs Air; An ifta, fi vera effent, fic à te dicerentur? Moft of those who fpeak at

the

the Bar are in danger of adding to this faulty Pronunciation a very difagreeable Cadence, which has got the proverbial Name of the Lawyer's Tone, and which by keeping the Accent ftill upon the fame Syllable, can difpofe the Court to nothing but Sleep.

XIII.

debat

The Subjects of modern Pleading having no- His accething in them that is truly great and rais'd, fplendor cannot fet off Eloquence with thofe Advan-rerum, tages it once receiv'd from the noble and con- magnitudo cerning Affairs among the Antients: Such caufarum, were the Deliberations of War and Peace, the quibus ipfa Confultations of the publick Intereft, and publick Intereft,' and plurimum

cloquentia

tem cum

Good of the State; the Accufation, or De- praftat. fence of Kings and Princes; and all the other Dial, de important Matters, which the Orators of Orat. thofe Times with fo much Splendour adorned. Grefcit auThe Interests that are now debated in Court, amplitu are often so very flight and trivial, as to be dine rerum no way capable of fupplying this Art with vis ingeni, the Ground and Principal of thofe noble nec quif. Movements by which it formerly conquer'd luftrem oquaw iland triumph'd. This is one of the Reafons rationem urged by Meffala in Quintilian's Dialogue, to facere poprove the advantage of the antient Orators teft, nifi above those of his own Days. Indeed little qui caufam Subjects will naturally make little Speakers, parem inand the Force and Spirit of the Advocate Ibid, rifes in proportion to the Weight and Dignity of the Caufe.

venit.

XIV.

But tho' the Eloquence of the Bar, be now in its Use restrain'd to the judiciary Kind, and tho' this Kind principally confifts in eftablishing the Proofs on our own Side, and defeating those of our Adverfaries, yet it is ftill of a very confiderable Compafs: Because in fome refpect, it takes in all the other Kinds; It praises and difpraises, as the Demonftrative; it advises or diffwades as the Deliberative; it either kindles or extinguishes the Judge's Anger at its Pleasure; it makes it felf Miftrefs of his Heart, and reigns there with abfolute Dominion: So that this being the most difficult Way, whoever is fo fortunate as to fucceed as a Pleader, gives us Reason to think that he would meet with the fame Succefs as an Ambaffador, in difpofing foreign Princes to War or Peace, according to the Exigencies of State; as Demofthenes heretofore inflamed the People of Greece against the King of Macedon.

Acrem 0

XV.

Tho' the Concourfe and Multitude that ratorem, croud the Bar to affift in greater Causes, reincenfum, quire a good degree of Motion, and Action, agen- and Fire; yet is there an Eloquence purely tem, con Authoritative, which upon fome occafions, curfus bominum fo- ought to appear in the fame Place; which rique fre- tho' it declines all Motion, or Paffion, and pitus def though its manner be grave and serious

derat.

Cic.

throughout, yet under this ferious Chara&ter it has all the Dignity that is requifite to procure an high Veneration. Men hearken to