Stamping the foot is, as Cicero de Or. iii. lix. 220. says, effective when done on suitable occasions, that is to say, at the commence meant or close of a lively argument, but if it be frequently indulged in, it brands the speaker as a fool and ceases to attract the attention of the judge. There is also the unsightly habit of swaying to right and left, and shifting the weight from one foot to the other. Above all, we must avoid effeminate movements, such as Cicero Brut. lxii. ascribes to Titus, a circumstance which led to a certain kind of dance being nicknamed Titus.

Another reprehensible practice is that of nodding frequently and rapidly to either side, a mannerism for which the elder Curio cp. Cic. Brut. lx. was derided by Julius, who asked who it was who was speaking in a boat, while on another occasion, when Curio had been tossing himself about in his usual manner, while Octaves, his colleague, was sitting beside him bandaged and reeking with medicaments on account of ill-health, Spiciness remarked, Octaves, you can never be sufficiently grateful to your colleague: for if he wasn't there, the flies would have devoured you this very day where you sit. The shoulders also are apt to be jerked to and fro, a fault of which Demosthenes is said to have cured himself by speaking on a narrow platform with a spear hanging immediately above his shoulder, in order that, if in the heat of his eloquence he failed to avoid this fault, he might have his attention called to the fact by a prick from the spear. The only condition that justifies our walking about while speaking is if we are pleading in a public trial before a large number of judges and desire specially to impress our arguments upon them individually.

The practice adopted by some of throwing the toga back over the shoulder, while they draw up the fold to their waist with the right hand, and use the left for gesticulation as they walk up and down and discourse, is not to be tolerated; for even to draw back the left hand while extending the right is an objectionable habit. This reminds me of an extremely foolish trick, which I think I ought to mention, that some speakers have of employing the intervals when the audience are applauding by whispering in someone's ear or jesting with their friends or looking back at their clerks, as if telling them to make a note of some gratuity to be dispensed to their supporters.

On the other hand, when we are making some explanation to the judge, more especially if the point be somewhat obscure, a slight inclination in his direction will be not unbecoming. But to lean forward towards the advocate seated on the benches of our opponent is offensive, while, unless we are genuinely fatigued, it is a piece of affectation to lean back among our own friends and to be supported in their arms; the same remark also applies to the practice of being prompted aloud or reading from manuscript as though uncertain of our memory.

For all these mannerisms impair the force of our speaking, chill the effect of emotional appeals and make the judge think that he is not being treated with sufficient respect. To cross over to the seats of our opponents borders on impudence, and Cassius Severus showed a neat turn of wit when he demanded that a barrier might be erected between himself and an opponent who behaved in this fashion. Moreover, though to advance towards our opponent may at times produce an impression of passionate energy, the return to our former position will always prove correspondingly tame.

Many of the rules which I have given will require modification by those who have to plead before judges seated on a dais. Astonish (in a note on the Divination of Cicero) explains that in minor cases tried by tribuni, triumviri, quaestores and other minor officils, the judges sat on ordinary benches, not on a raised tribuat. For in such cases the face must be raised somewhat higher, so that the speaker's eyes may be fixed on the president of the court: for the same reason his gestures must also be carried a little higher, while there are other details which will readily occur to my reader without any mention from me. Similar modifications will be likewise necessary for those who plead sitting. Cp. XI. i. 44, which shows that the cases in question are those submitted to arbitration. For this is done, as a rule, only in cases of minor importance, where delivery will necessarily be more restrained, and certain defects are inevitable.

For example, when the speaker sits on the left side of the judge, he will have to advance his right foot, while if he be seated on the right, many of his gestures must be made from right to left, in order that they may be addressed to the judge. Personally, I note that many speakers start up at the conclusion of individual periods, while some proceed to walk to and fro for a little: it is for them to decide whether this is becoming or not: I will merely remark that, when they do this, they are not pleading seated.

It was a common custom, which has not entirely disappeared, to drink or even to eat while pleading; but I shall not permit my ideal orator to do anything of the kind. For if a man cannot endure the burdens imposed by oratory without having recourse to such remedies, he should not find it a serious hardship to give up pleading altogether, a course which is far preferable to acknowledging his contempt both for his profession and his audience.

With regard to dress, there is no special garb peculiar to the orator, but his dress comes more under the public eye than that of other men. It should, therefore, be distinguished and manly, as, indeed, it ought to be with all men of position. For excessive care with regard to the cut of the toga, In putting on the toga, it was thrown first over the left shoulder, so that about 6 feet hung in front and about 12 behind. This longer portion was then carried round under the right arm and then diagonally across the chest (like a balleus, or belt) and over the left shoulder again. A fold of this portion hanging in front formed the sinus. The original feet hanging in front from the left shoulder now hung below the rest. A portion was pulled up from above and Allowed to hang over the edge of that portion of the toga which Quintilian compares to a balleus. This was known as the umbo, and is described by Quintilian as pars quae ultima imponitur. He recommends that a considerable portion should be thus pulled up and allowed to hang fairly low in front over the edge of the balteus, that the weight of the hanging portion might balance the remainder of the original 6 feet of toga hanging from the left shoulder, keep it in place and prevent it from slipping lack into its original position. The toga was very nearly semicircular in shape, which explains Quintilian's statement that it should be round. For further details see Companion to Latin Studies, Camb. Univ. Press, p. 191. the style of the shoes, or the arrangement of the hair, is just as reprehensible as excessive carelessness. There are also details of dress which are altered to some extent by successive changes in fashion. The ancients, for example, wore no folds, and their successors wore them very short.

Consequently it follows that in view of the fact that their arms were, like those of the Greeks, covered by the garment, they must have employed a different form of gesture in the exordium from that which is now in use. However, I am speaking of our own day. The speaker who has not the right to wear the broad stripe, Worn by senators. will wear his girdle in such a way that the front edges of the tunic fall a little below his knees, while the edges in rear reach to the middle of his hams. For only women draw them lower and only centurions higher.

If we wear the purple stripe, it requires but little care to see that it fills becomingly; negligence in this respect sometimes excites criticism. Among those who wear the broad stripe, it is the fashion to let it hang somewhat lower than in garments that are retained by the girdle. The toga itself should, in my opinion, be round, and cut to fit, otherwise there are a number of ways in which it may be unshapely. Its front edge should by preference reach to the middle of the shin, while tie back should be higher in proposition as the girdle is higher behind than in front.

The fold is most becoming, if it fall to a point a little above the lower edge of the tunic, and should certainly never fall below it. The other fold which passes obliquely like a belt under the right shoulder and over the left, should neither be too tight nor too loose. The portion of the toga which is last to be arranged should fall rather low, since it will sit better thus and be kept in its place. A portion of the tunic also should be drawn back in order that it may not fall over the arm when we are pleading, and the fold should be thrown over the shoulder, while it will not be unbecoming if the edge be turned back.

On the other hand, we should not cover the shoulder and the whole of the throat, otherwise our dress will be unduly narrowed and will lose the impressive effect produced by breadth at the chest. Tire left arm should only be raised so far as to form a right angle at the elbow, while the edge of the toga should fall in equal lengths on either side.

The hand should not be overloaded with rings, which should under no circumstances encroach upon the middle joint of the finger. The most becoming attitude for the hand is produced by raising the thumb and slightly curving the fingers, unless it is occupied with holding manuscript. But we should not go out of our way to carry the latter, for it suggests an acknowledgement that we do not trust our memory, and is a hindrance to a number of gestures.

The ancients used to let the toga fall to the heels, as the Greeks are in the habit of doing with the cloak: Plotius and Nigidius Plotins Gallus, a rhetorician, and Nigidius Figulus, an encyclopaedic writer, both contemporaries of Cicero. both recommend this in the books which they wrote about gesture as practised in their own day. I am consequently all the more surprised at the view expressed by so learned a man as Plinius Secundus, especially since it occurs in a book which carries minute research almost to excess: This work of the elder Pliny was called Studiusus. for he asserts that Cicero was in the habit of wearing his toga in such a fashion to conceal his varicose veins, despite the fact that this fashion is to be seen in the statues of persons who lived after Cicero's day.

As regards the short cloak, bandages used to protect the legs, mufflers and coverings for the ears, nothing short of ill-health can excuse their use. But such attention to our dress is only possible at the beginning of a speech, since, as the pleading develops, in fact, almost from the beginning of the statement of facts, the fold will slip down from the shoulder quite naturally and as it were of its own accord, while when we come to arguments and commonplaces, it will be found convenient to throw back the toga from the left shoulder, and even to throw down the fold if it should stick.

The left hand may be employed to pluck the toga from the throat and the upper portion of the chest, for by now the whole body will be hot. And just as at this point the voice becomes more vehement and more varied in its utterance, so the clothing begins to assume something of a combative pose.

Consequently, although to wrap the toga round the left hand or to pull it about us as a girdle would be almost a symptom of madness, while to throw back the fold from its bottom over the right shoulder would be a foppish and effeminate gesture, and there are yet worse effects than these, there is, at any rate, no reason why we should not place the looser portions of the fold under the left arm, since it gives an air of vigour and freedom not ill-suited to the warmth and energy of our action.

When, however, our speech draws near its close, more especially if fortune shows herself kind, practically everything is becoming; we may stream with sweat, show signs of fatigue, and let our dress fall in careless disorder and the toga slip loose from us on every side.

This fact makes me all the more surprised that Pliny should think it worth while to enjoin the orator to dry his brow with a handkerchief in such a way as not to disorder the hair, although a little later he most properly, and with a certain gravity and sternness of language, forbids us to rearrange it. For my own part, I feel that dishevelled locks make an additional appeal to the emotions, and that neglect of such precautions creates a pleasing impression.