Institutio Oratoria

Quintilian

Quintilian. Institutio Oratoria, Volume 1-4. Butler, Harold Edgeworth, translator. Cambridge, Mass; London: Harvard University Press, William Heinemann Ltd., 1920-1922.

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

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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

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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.