Institutio Oratoria

He will show all the diligence of which he is capable in his pleading. For to plead worse than he might have done, is not merely an indication of negligence, but stamps him as a had man and a traitor, disloyal to the cause which he has undertaken. Consequently he must refuse to undertake more cases than he feels he can manage.

As far as possible he will deliver only what he has written, and, if circumstances permit, only what he has, as Demosthenes says, [*](This passage is our sole authority for the saying.) carved into shape. Such a practice is possible in first hearings and also in subsequent hearings such as are granted in the public courts after an interval of several days. On the other hand, when we have to reply on the spot, it is impossible to prepare everything: in fact for the less ready type of speaker, it may, in the event of his opponents putting forward arguments quite other than those which they were expected to advance, be a positive drawback to have

For it is only with reluctance that such speakers will under such circumstances consent to abandon what they have written, and throughout their pleading keep looking back and trying to discover whether any portion of their manuscript can be saved from the wreck and interpolated into what they have to improvise. And if they do make such interpolations, the result is a lack of' cohesion which is betrayed not merely by the gaping of the seams where the patch has been unskilfully inserted, but by the differences of style.

Consequently, the vigour of their eloquence will be hampered and their thought will lack connexion, each of which circumstances reacts unfavourably upon the other, since what is written trammels the mind instead of following its lead. Therefore, in such pleadings we must, as the rustic adage says,

stand on all our feet.

For since the case turns on the propounding and refutation of arguments, it is always possible to write out what we propose to advance on our own behalf, and similar preparation is also possible with regard to the refutation of such replies as are absolutely certain to be made by our adversary: for there are times when we have this certainty. But with regard to all other portions of our speech, the only preparation that is possible in advance consists in a thorough knowledge of our case, while there is a second precaution which may be taken in court, consisting in giving our best attention to our opponent's speech.

On the other hand, there is much that may be thought out in advance and we may forearm our mind against all possible emergencies, a course which is far safer than writing, since a train of thought can easily be