<GetPassage xmlns:tei="http://www.tei-c.org/ns/1.0" xmlns="http://chs.harvard.edu/xmlns/cts">
            <request>
                <requestName>GetPassage</requestName>
                <requestUrn>urn:cts:latinLit:phi1002.phi001.perseus-eng2:12.2.31-12.3.6</requestUrn>
            </request>
            <reply>
                <urn>urn:cts:latinLit:phi1002.phi001.perseus-eng2:12.2.31-12.3.6</urn>
                <passage>
                    <TEI xmlns="http://www.tei-c.org/ns/1.0"><text xml:lang="eng"><body><div n="urn:cts:latinLit:phi1002.phi001.perseus-eng2" type="translation" xml:lang="eng"><div n="12" type="textpart" subtype="book"><div n="2" type="textpart" subtype="chapter"><div n="31" type="textpart" subtype="section"><p> But the man who does not believe that it is enough to fix his eyes
                            merely on his own age and his own transitory life, but regards the space
                            allotted for an honourable life and the course in which glory's race is
                            run as conditioned solely by the memory of posterity, will not rest
                            content with a mere knowledge of the events of history. No, it is from
                            the thought of posterity that he must inspire his soul with justice and
                            derive that freedom of spirit which it is his duty to display when he
                            pleads in the courts or gives counsel in the senate. No man will ever be
                            the consummate orator of whom we are in quest unless <pb n="v10-12 p.401"/> he has both the knowledge and the courage to speak in accordance with
                            the promptings of honour.  </p></div></div><div n="3" type="textpart" subtype="section"><div n="1" type="textpart" subtype="section"><p>III. Our orator will also require a knowledge
                            of civil law and of the custom and religion of the state in whose life
                            he is to bear his part. For how will he be able to advise either in
                            public or in private, if he is ignorant of all the main elements that go
                            to make the state? How can he truthfully call himself an advocate if he
                            has to go to others to acquire that knowledge which is all-important in
                            the courts? He will be little better than if he were a reciter of the
                            poets. </p></div><div n="2" type="textpart" subtype="section"><p> For he will be a mere transmitter of the instructions that others have
                            given him, it will be on the authority of others that he propounds what
                            he asks the judge to believe, and he whose duty it is to succour the
                            litigant will himself be in need of succour. It is true that at times
                            this may be effected with but little inconvenience, if what he advances
                            for the edification of the judge has been taught him and composed in the
                            seclusion of his study and learnt by heart there like other elements of
                            the case. But what will he do, when he is confronted by unexpected
                            problems such as frequently arise in the actual course of pleading? Will
                            he not disgrace himself by looking round and asking the junior counsel
                            who sit on the benches behind him for advice? </p></div><div n="3" type="textpart" subtype="section"><p> Can lie hope to get a thorough grasp of such information at the very
                            moment when he is required to produce it in his speech? Can he make his
                            assertions with confidence or speak with native simplicity as though his
                            arguments were his own? Grant that he may do so in his actual speech.
                            But what will he do in a debate, when he has continually to meet fresh
                            points raised by his opponent and is given no time to learn <pb n="v10-12 p.403"/> up his case? What will do, if he has no legal
                            expert to advise him or if his prompter through insufficient knowledge
                            of the subject provides him with information that is false? It is the
                            most serious drawback of such ignorance, that he will always believe
                            that his adviser knows what he is talking about. </p></div><div n="4" type="textpart" subtype="section"><p> I am not ignorant of the generally prevailing custom, nor have I
                            forgotten those who sit by our store-chests and provide weapons for the
                            pleader: I know too that the Greeks did likewise: hence the name of <hi rend="italic">pragmaticus</hi> which was bestowed on such persons.
                            But I am speaking of an orator, who owes it as a duty to his case to
                            serve it not merely by the loudness of his voice, but by all other means
                            that may be of assistance to it. </p></div><div n="5" type="textpart" subtype="section"><p> Consequently I do not wish my orator to be helpless, if it so chance
                            that he puts in an appearance for the preliminary proceedings to which
                            the hour before the commencement of the trial <note anchored="true" place="unspecified"><hi rend="italic">Ad horam constare</hi> appears
                                to be a technical <hi rend="italic">term</hi> for <quote>apperance
                                    at the preliminary hour.</quote> the purpose of which is
                                indicated in the paraphrase given above. </note> is allotted, or to
                            be unskilful in the preparation and production of evidence. For who,
                            sooner than himself, should prepare the points which he wishes to be
                            brought out when he is pleading? You might as well suppose that the
                            qualifications of a successful general consist merely in courage and
                            energy in the field of battle and skill in meeting all the demands of
                            actual conflict, while suffering him to be ignorant of the methods of
                            levying troops, mustering and equipping his forces, arranging for
                            supplies or selecting a suitable position for his camp, despite the fact
                            that preparation for war is an essential preliminary for its successful
                            conduct. </p></div><div n="6" type="textpart" subtype="section"><p> And yet such a general would bear a very close resemblance to the
                            advocate who leaves much of the detail that is necessary for success to
                                <pb n="v10-12 p.405"/> the care of others, more especially in view of
                            the fact that this, the most necessary element in the management of a
                            case, is not as difficult as it may perhaps seem to outside observers.
                            For every point of law, which is certain, is based either on written law
                            or accepted custom: if, on the other hand, the point is doubtful, it
                            must be examined in the light of equity. </p></div></div></div></div></body></text></TEI>
                </passage>
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            </GetPassage>