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 pragmaticus 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.

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 Ad horam constare appears to be a technical term for apperance at the preliminary hour. the purpose of which is indicated in the paraphrase given above. 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.

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 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.

Laws which are either written or founded on accepted custom present no difficulty, since they call merely for knowledge and make no demand on the imagination. On the other hand, the points explained in the rulings of the legal experts turn either on the interpretation of words or on the distinction between right and wrong. To understand the meaning of each word is either common to all sensible men or the special possession of the orator, while the demands of equity are known to every good man.

Now I regard the orator above all as being a man of virtue and good sense, who will not be seriously troubled, after having devoted himself to the study of that which is excellent by nature, if some legal expert disagrees with him; for even they are allowed to disagree among themselves. But if he further wishes to know the views of everyone, he will require to read, and reading is the least laborious of' all the tasks that fall to the student's lot.

Moreover, if the class of legal experts is as a rule drawn from those who, in despair of making successful pleaders, have taken refuge with the law, how easy it must be for an orator to know what those succeed in learning, who by their own confession are incapable of becoming orators! But Marcus Cato was at once a great orator and an expert lawyer, while Scaevola and Servius Sulpicius were universally allowed to be eloquent as well. i. e. as well as experts on the law.

And Cicero not merely possessed a sufficient supply of legal knowledge to serve his needs when pleading, but actually began to write on the subject, so that it is clear that an orator has not merely time to learn, but even to teach the law.

Let no one, however, regard the advice I have given as to the attention due to the development of character and the study of the law as being impugned by the fact that we are familiar with many who, because they were weary of the toil entailed on those who seek to scale the heights of eloquence, have betaken themselves to the study of law as a refuge for their indolence. Some of these transfer their attention to the praetor's edicts or the civil law, The piraetor's edicts were displayed on a whitened board ( in albo ), while the headings of the civil law were written in red. and have preferred to become specialists in formulae, or legalists, as Cicero de Or. I. iv. 231. calls them, on the pretext of choosing a more useful branch of study, whereas their real motive was its comparative easiness.

Others are the victims of a more arrogant form of sloth; they assume a stern air and let their beards grow, and, as though despising the precepts of oratory, sit for a while in the schools of the philosophers, that, by an assumption of a severe mien before the public gaze and by an affected contempt of others they may assert their moral superiority, while leading a life of debauchery at home. For philosophy may be counterfeited, but eloquence never.

Above all, our orator should be equipped with a rich store of examples both old and new: and he ought not merely to know those which are recorded in history or transmitted by oral tradition or occur from day to day, but should not neglect even those fictitious examples invented by the great poets.

For while the former have the authority of evidence or even of legal decisions, the latter also either have the warrant of antiquity or are regarded as having been invented by great men to serve as lessons to the world. He should therefore be acquainted with as many examples as possible. It is this which gives old age so much authority, since the old are believed to have a larger store of knowledge and experience, as Homer so frequently bears witness. But we must not wait till the evening of our days, since study has this advantage that, as far as knowledge of facts is concerned, it is capable of giving the impression that we have lived in ages long gone by.

Such are the instruments of which I promised Pr. 22 and xii. Pr. 4. to give account, the instruments, that is, not merely of the art, as some have held, but of the orator himself. These are the weapons that he should have ready to his hand, this the knowledge with which he must be equipped, while it must be supplemented by a ready store of words and figures, power of imagination, skill in arrangement, retentiveness of memory and grace of delivery. But of all these qualities the highest is that loftiness of soul which fear cannot dismay nor uproar terrify nor the authority of the audience fetter further than the respect which is their due.